Appealing a Workplace Safety and Insurance Board (WSIB) decision
Most WSIB decisions can be appealed if you believe they are incorrect, or contrary to the Workplace Safety and Insurance Act, 1997 (WSIA) or WSIB policy.
How to appeal a WSIB decision
To appeal a WSIB decision regarding a worker’s benefits, work reintegration (WR), Second Injury and Enhancement Fund (SIEF) or Work Transition (WT), complete an “Intent to Object Form” 2397A (ITO Form) which is available in the Employer Forms section of the WSIB’s website. You can also call the WSIB at 416-344-1000 or 1-800-387-0750 and ask to have one mailed to you. This form is to be used for claims-related matters only. The ITO Form has extensive directions on it which must be followed.
Once you submit the ITO Form, the time limit to appeal stops running. You may then take as much time as you need to submit an Appeal Readiness Form (ARF) to the WSIB.
To appeal a WSIB decision regarding classification or other revenue-related issues, write a letter to the decision-maker indicating your disagreement with his/her decision. Note that the WSIB will not automatically send you a copy of your firm file for employer account appeals. You will need to contact the Firm File Access area and ask for your firm file to be sent to you. For more information about accessing employer-specific information, refer to Operational Policy Manual (OPM) Doc. No. 21-01-01 “Access to Employer Information”, which is available on the WSIB’s website.
If you have any questions, you may call the Office of the Employer Adviser (OEA) for advice and/or representation.