Other Matters Decided by the WSIAT
Appeal at WSIB: Employers' Access to Workers' Information
All parties participating in an appeal need access to relevant information to have a fair hearing. If there is an issue in dispute at the WSIB and the worker objects to the release of their healthcare information to the employer, the WSIB refers the objection to release to the WSIAT. The WSIAT attempts to resolve the objection through mediation. If mediation is not successful, the WSIAT holds a hearing in writing and confirms the information to be released to the employer by the WSIB. The appeal at the WSIB will not proceed until the objection to release is closed. For more information on this process, please see the Practice Direction: Access to Workers' Information when the Issue in Dispute is at the Board or Contact Us.
Right to Sue
A party to a civil action or an insurer from whom statutory accident benefits are claimed may start a Right to Sue application at the WSIAT.
The WSIAT may make a determination that
- The right to commence a civil action is taken away
- The amount that a person may be liable to pay in a civil action is limited
- The injured party is entitled to claim benefits under the insurance plan
Right to Sue Applications must be made directly to the WSIAT and are processed differently than appeals. For information on the materials you are required to file to initiate or respond to a Right to Sue Application, how they should be organized, who you need to serve, how to summons witnesses, and the timelines you need to follow, see the Practice Direction: Right to Sue Applications or Contact Us.
Reconsiderations of Right to Sue Decisions
Because the WSIAT’s decision in a right to sue application will affect other proceedings in court or at the WSIB, there is a great need for finality. As a result, the WSIAT has set a 40-day time limit for filing a reconsideration request in a right to sue application. If a request is filed late, the WSIAT Chair will determine whether the reconsideration request should be assigned to a Vice-Chair, considering the factors set out in the Practice Direction: Right to Sue Applications. If you wish to request a reconsideration of a right to sue determination, you should consult both the Practice Direction: Right to Sue Applications and the Practice Direction: Reconsiderations or Contact Us.