WSIB and OHS for Employers in Ontario – September 2012

WSIB and OHS for Employers in Ontario – September 2012

WSIB Policy Review

In an excellent initiative this year, the WSIB is beginning a process to regularly review all of the major operational policies which govern decision making. There are four policies currently under review: 1) Recurrences 2) Work Disruptions 3) Permanent Impairments and 4) Aggravation Basis. All stakeholders should consider reviewing the policies and contributing their input for change, clarity, consistency, relevancy and improvements. Stakeholder feedback can be submitted at public hearings starting at the end of October 2012 or in writing, or directly to WSIB staff.  More Info.

WSIB Appeal Backlog: 9000 Appeals!

1. Be proactive for fair evidence based decisions starting on the Form 7 (specifically sections C6, C7, C11 and C12 give lots of details. In section C6 when you are describing “what happened” remember it is the employer’s statement about what was “alleged” or “reported” to have happened, not the worker’s statement);

2. Object now and within the time limit (usually 6 months) to all decisions that could be incorrect, or could be found to be incorrect anytime in the next 4 years (NEER) or 5 years (CAD-7) in order to preserve your opportunity to appeal if and when the time comes;

3.When Appealing a decision look for: 1.Facts (included, excluded, missing) 2.Evidence: (Medical, Expert, Witnesses, Reports, Investigations) 3.Policy 4.Law 5.Reasons (how facts, policy and law were used by the decision maker) 6.Detailed Causation analysis (in both the decision and the WSIB Access file) 7.Credibility issues

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