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Established in 1985, the Workplace Safety and Insurance Appeals Tribunal (WSIAT) is the final level of appeal to which workers and employers may bring disputes concerning workplace safety and insurance matters in Ontario. WSIAT has always been separate from and independent of the Workplace Safety and Insurance Board.

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  Decision 1419 18 R
4/3/2019
B. Kalvin

  • Evidence (weight)
  • Parties (representation) (adequacy)
  • Reconsideration (consideration of evidence)

The worker's application for reconsideration of Decision No. 1419/18 was denied. The worker submitted that the hearing panel erred by limiting the weight given to a medical report which was filed without the letter from the representative soliciting the report. However, the Vice-Chair noted that the Tribunal practice direction on Expert Evidence makes clear that a party filing a medical report is required to provide the letter asking for the report. Representatives appearing at the Tribunal are expected to be familiar with the Tribunal's practice directions. The obligation is on the representative to file the report in accordance with the practice direction. The failure to do so ran the risk that the hearing panel would limit the weight given to the report.