Request Recon of Board Decision (current) Appeal to Board Appeals Request Recon of Board Appeal Decision

Appeal to Appeals Tribunal Request Recon of Appeals Tribunal After Appeals Tribunal

Notice of Constitutional Question Notice of Human Rights Question

Representing Yourself Before Ontario's WSIB and WSIAT

Injurted workers helping injured workers representing themselves in Ontario


Asking for Reconsideration of the Original Board Decision

First, and most importantly, notify the board of your intention to appeal the decision.
Second, this step is optional. However, if you can convince the Board to reconsider their decision, you will beenfit from it. This is because it will be much faster than going to appeals.

Request Copy of Your Claim File and Review It:
When you receive your claim file, for Ontario’s WSIB, the claim file will be broken down into sections. Typically, the sections will be, correspondence, memos, forms, medical, and others. It is important to carefully review the entire file and do not rely on the sections. This is because the Board mixing information up. For example, often forms will be in medical and medical will be in correspondence.

When you receive your claim file, you will need to review the entire file, then identify key letters, memos, forms, and medical that impact the decision you wish to appeal. At this point if you are using paper copy of your file, you would use a paper bookmark to mark these documents. This way it is easier for you to locate them. If you are using a paper copy always do your best to keep the file in the physical order it came.

If you are using an electronic copy, it will come as an Adobe PDF document. There are two versions of Adobe Acrobat. The Adobe Acrobat Reader and the full version known as Adobe Acrobat. The reader version is very limited. However, the full version, if you can afford to have it, has many useful features. One feature that is cool is the bookmark feature. This is very handy. This is because it allows you to make bookmarks. It allows you to bold the bookmarks, italic the bookmarks and create bookmarks inside of bookmarks. This allows you to easily organize your claim file so you can quickly find important documents.

I have provided an example of my WSIB claim file and how I used the bookmarks feature to organize the file into sections and highlight important documents.


Click image to enlarge


To learn how to use the full version of Adobe Acrobat Adobe has free online tutorials which you can find here.
https://helpx.adobe.com/ca/acrobat/tutorials.html

Carefully Review the Decision:
A good decision should:
  • state the facts of the case, with reference to physical evidence;
  • state the law/policy, with reference to the policy and/or section of law; and
  • state the decision, which is based on an analysis of the facts and law.

    • In lower-level administrative decisions, they often do not make such detailed decisions. This makes understanding a decision much more difficult. Additionally, they rarely make mention to physical evidence.

    Example of a Bad Decision
    In reviewing your claim, I have determined that you are not entitled to loss of earning benefits.