WSIAT written appeal
Appeal decided on written submissions at WSIAT.
What is included
- Reviewing the final WSIB decision and the claim file
- Filing the Notice of Appeal and Confirmation of Appeal forms
- Gathering new medical evidence and witness statements
- Preparing written submissions or a hearing brief
- Representing you at the oral hearing or written appeal, as the service covers
What is not included
- Medical reports and opinions, records and other disbursements
- Objections or WSIAT appeals, unless the service names them
- A lawsuit against someone other than your employer, which is usually lawyer work
- Medical treatment or vocational assessments
- Attending a hearing when the service covers documents or advice only
Who this service is for
- Workers whose objection was denied by a WSIB Appeals Resolution Officer
- Employers appealing a final WSIB decision
- Parties to a lawsuit after a workplace accident who need the Tribunal to decide whether it can go ahead (right-to-sue applications)
Information to have ready
- 1The Appeals Resolution Officer's decision and its date
- 2Your WSIB claim file, or permission for us to request it
- 3Medical reports and the names of any witnesses
Frequently asked questions
How much does it cost?
The fee is $1,250 plus 13% HST ($1,412.50 in all) for the work described on this page. Court, tribunal or government fees and other disbursements are extra. We confirm the scope and the fee in a written retainer agreement before any work starts.
What happens when I check out?
You book a time for your intake call, then save a card on Stripe's secure page. Nothing is charged today: the card is only charged later, for an invoice for work already done, as your retainer agreement sets out. A licensed paralegal confirms the details, checks for conflicts of interest and, if we can act for you, sends the retainer agreement. Fees paid before the work is done are held in our trust account.
What is the difference between an oral and a written appeal?
At an oral hearing you and any witnesses speak to the Tribunal. A written appeal is decided on the file and written submissions. The Tribunal decides which method applies.
Can a WSIAT decision be reconsidered?
Only in limited cases, such as significant new evidence or a serious error. A reconsideration is not a second appeal.
General information only, not legal advice. NEO Legal Services Professional Corporation is a licensed paralegal firm regulated by the Law Society of Ontario.
Important limitations
- No outcome can be guaranteed; the WSIB and the WSIAT decide entitlement
- WSIB deadlines are strict, and late objections may not be accepted
- Medical evidence comes from your health providers, not from us
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