WSIAT Leading Case Confirms Employer Right to Appeal WSIB Redactions
October 15, 2026
The Workplace Safety and Insurance Appeals Tribunal (WSIAT) has released Decision No. 1391/24, a significant leading case for employers. It addressed whether employers could appeal Workplace Safety and Insurance Board (“WSIB”) decisions to redact medical information in a claim file that it considered “irrelevant” to an issue in dispute.
The Office of the Employer Adviser (OEA) represented the employer in this case and successfully advanced the position accepted by the Tribunal. The Tribunal confirmed that it has jurisdiction to hear appeals on access to medical information the WSIB deemed irrelevant. This leading case provides important guidance for future disputes involving employer access to medical information.
The issue
Under section 58(1) of the Workplace Safety and Insurance Act, 1997 (WSIA), the WSIB gives an employer access to claim-file documents it considers relevant to a disputed issue. Section 59 governs access to worker health records and provides a right under section 59(4) to appeal the WSIB’s disclosure decision to the WSIAT.
In recent years, the WSIB took the position that this right of appeal applied only when a worker objected to the disclosure of health information under section 59(2). In the absence of a worker objection, the WSIB characterized its decision to withhold medical information as an administrative determination that could not be appealed by an employer. This represented a shift in the WSIB’s approach to employer appeal rights concerning access to medical information.
The WSIB’s position meant employers could be required to participate in claims and appeals without access to medical information that might be material to the issue in dispute, and without a meaningful way to challenge the decision to withhold it.
The central issue was whether the WSIAT had jurisdiction to hear an employer’s appeal of a WSIB decision to withhold medical information deemed irrelevant, even where the worker had not objected to disclosure.
The WSIAT’s decision
The WSIAT accepted the employer’s argument advanced by the OEA. The Tribunal concluded that sections 58 and 59 must be read together. It found that the appeal right in section 59(4) includes WSIB decisions to withhold health records on the basis that the records are irrelevant.
The Tribunal confirmed that it has jurisdiction, under section 123(1)(c) of the WSIA, to hear and decide an employer’s appeal concerning redacted medical information in a worker’s claim file, regardless of whether the worker objected to disclosure.
The decision further concluded that the WSIB’s interpretation would result in a denial of procedural fairness for employers. The Panel found that acceptance of a WSIB relevancy decision as final and without appeal would leave employers only with the recourse of challenging the decision in Divisional Court on judicial review, going against the purposes of the WSIAT as a specialized and expert tribunal for the workplace safety and insurance system.
Implications for Employers and Future Appeals
This decision is significant for employers because it strengthens procedural fairness by confirming that WSIB decisions withholding medical information on the basis of relevance are not insulated from review. Employers have the ability to appeal a denial of access to medical information that could be material to a disputed claim.
It is important to note that this decision is narrowly confined to medical information: it does not address appeal rights relating to redactions of non-medical information, nor does it determine that all redacted medical records must be disclosed. Rather, it confirms that the Tribunal has the authority to review whether the WSIB’s determination of relevance was appropriate.
Next steps for employers
As a designated leading case, Decision No. 1391/24 provides guidance for a number of similar pending appeals that were placed on hold at the WSIAT. We anticipate those cases will now be reactivated and proceed through the appeals process.
Going forward, employers should carefully review claim files and identify medical redactions that may affect their ability to participate an appeal. Where the WSIB has withheld medical information because it considers the information irrelevant, employers may now rely on Decision No. 1391/24 when seeking to appeal that determination to the WSIAT.
The OEA is proud to have represented the employer in this important leading case and to have contributed to an outcome that protects meaningful employer participation in Ontario’s workplace safety and insurance system. Employers who require assistance with claim file access appeals are encouraged to contact the OEA.
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The Office of the Employer Adviser (OEA) provides free and confidential advice, assistance and representation to eligible Ontario employers. Employers with questions about access to worker claim file information are encouraged to contact the OEA for information and advice.
Please contact us if you have questions about the information in this handout or anything related to your WSIB claims or costs, or OHSA s. 50 unlawful reprisal claims. We are independent of the WSIB and the OLRB, our legal services are available at no additional cost to you, and all conversations are confidential.
Call us at: (416) 327-0020 / 1-800-387-0774 or
Email us at: askoea@ontario.ca