Workplace Safety & Insurance Appeals Tribunal - WSIAT
So after performing some basic research I learned that a request for reconsideration can be done at any time.
So I prepared my request for reconsideration and submitted it to the WSIAT on July 29, 2020.
Initially, they said that they only received twenty pages. However, this was only found out several days later when I called the WSIAT. The WSIAT never bothered to call me to say, HEY we only got twenty pages of your fax. Ironically, in my submissions I submitted to them I have included the fax confirmation page confirm it was fully sent. So, I refaxed my submissions in a twenty-part sections and then as one whole document.
The submission I sent to the WSIAT is below along with the fax confirmation pages and cover page.
Click the image to download
a pdf copy of my submissions.
Please note, it is a rather large file size at 27.4 meg.
Within my submission, I explained to the WSIAT that my application was extremely urgent. I explained that if I did not hear from them by August 14, 2020, I would be then forced to bring an application for Judicial Review with the court.
On August 13, 2020 I contacted the WSIAT and confirmed they did eventually receive my submissions, but they would NOT deal with it on an urgent basis, because they don’t have such a policy or practice. That in effect I, like all injured workers, regardless of the urgency of our matter would have to wait.
Now I want to take this opportunity to warn you of a very dangerous situation of what I call judicial complacency. This where a judge or a decision maker will say to you, they fear granting your urgent request, because if they do then they must everyone else. This is commonly referred to as the “opening the flood gates argument” I cringe every time I hear it because really hey are saying they or the system is being inconvenienced by you and your problems. To which you must be VERY CAREFULLY to say but to say that “Though the heaven may fall, justice shall be done!”
This simple means that a judge or decision maker is NOT allowed to look at the ramifications of their decision. They are only allowed to look at the merit of the case, in the interest of justice.
The saying comes from a very old English law case which believe it or not involved slavery. A slave owner had brought a slave to England, like many had done. When a action was field in English court to free the slave, because slavery was no longer legal in England. The slave owner’s argument was that many slave owners had brought slaves to England and it would cause a crisis to allow them all to be freed. Thankfully in this case the Judge saw sense and uttered the most famous statement “Though the heaven may fall, justice shall be done!”.
When I have a chance, I will post information of the actual case, as it is very thought provoking.
At any rate the WSIAT could care less about the urgency of my claim, which meant I had to file another application for Judicial Review. Something I would have rather avoided, but when you are dealing with a completely arrogant organization there is no give and take.
To go to my Judicial Review for August 2020 click here
