My Application for Judicial Review - Writ of Mandamus before the Ontario Superior Court of Justice
First, it is important to know what Judicial Review is and the different types that are available to give you justice when dealing with a government agency, board, tribunal, commission and/or government officer.
I have provided an explanation on the caselaw page for Judicial Review decisions here. https://fightwcb.org/CaselawAJR.html
I have created this page to tell my story about when I filed my application for Judicial Review - writ of Mandamus, in February 2018
My application was brought against the Workplace Safety Insurance Board – WSIB and the Workplace Safety and Insurance Appeals Tribunal - WSIAT. As you are now aware a Writ of Mandamus is where a party asks the court to order the government, board, tribunal, commission and/or government officer to do something. In this case I was concerned that in the past it took the WSIB appeals branch and the WSIAT more than 14 years to deal with an appeal I had filed. While now the WSIAT blames me for ALL the delays, injured worker advocates have confirmed with me an appeal to the WSIAT is not uncommon to take ten years or more. Moreover, in my claim file I have letters form the president of the WSIAT admit some of the delays are the fault of the WSIAT. I even have a letter from the Minster of Labour’s officer also admitting delays.
What the WSIB did to force me to file an Application for Judicial Review – Writ of Mandamus
What happened was that the WSIB had suspended my healthcare benefits in January 2018. Now you will first need some context to fully understand all the positions.
First, I was injured on February 6, 1997, which was prior to January 1, 1998. For healthcare benefits and reporting this is very significant. The reason why is that the workers compensation law, in Ontario changed and became effective as of January 1, 1998. However, certain sections of the law for those individuals injured prior to January 1, 1998 did not change. Specifically, the providing of healthcare benefits and healthcare reports sent to the WSIB. So the workers compensation law reads for healthcare benefits as,
50.(1) Every worker who is entitled to compensation under this Part or who would have been so entitled had the worker been disabled beyond the day of the accident is entitled,
(a) to such health care as may be necessary as a result of the injury;” Also, for healthcare reports to the law states:
“51. (1) Every physician, surgeon, hospital official or other person attending, consulted respecting, or having the care of, any worker shall furnish to the Board from time to time such reports as may be required by the Board in respect of such worker. R.S.O. 1990, c. W.11, s. 51.
Report re return to work
(2) Subject to subsection (3), a health professional who receives a request from a worker or the employer shall provide each of them and the Board with a report containing the prescribed information.
Conditions under which report is required
(3) A health professional is required to provide a report in accordance with subsection (2) only if,
(a) the worker consents; and
(b) the prescribed requirements, if any, are satisfied.
So simply put, a worker is not required to provide medical information nor can the WSIB suspend healthcare benefits if they refuse to.
So, the WSIB sent me a letter, in what can only be seen as another act of retaliation. This was because I had asked for reimbursement for over-the-counter medication. I had no issue with their request and did exactly as the WSIB’s letter said to do I provided the letter to my family doctor and asked them to submit it to the WSIB.
(Click the image to download a pdf copy
of the WSIB letter.)
In January 2018 the WSIB, without warning, suspended my healthcare benefits. Some, including a presiding judge basically would argue do as your told and it would not happen! Ironically what happened was that my doctor did not submit the letter to the WSIB. This was because the WSIB needed so much information. My doctor was overwhelmed by it and need to talk to me and book a full hour appointment day appointment.
So to recap, the WSIB sends me a request for updated medical information. Even though, under law, I was not required to provided it, I did as requested. In repsosne, the WSIB suspended my healthcare benefits without providing me prior written notice and how to remedy the breach as required by their own policy.
Please check back, as I will be updating this page with more information.