After the Hearing

What Happens After the Hearing?

In most cases, the Vice-Chair or Panel assigned to your appeal or application will write the WSIAT decision after the hearing. Once a decision is made, we’ll send it to all parties in the appeal. We’ll also send the decision to the Workplace Safety Insurance Board (WSIB).

How Long Will it Take to Receive the Decision?

Usually, you’ll receive the decision within 120 days from the last day of hearing or when post-hearing work is complete. If the appeal is complicated, it may take more time. Please Contact Us if you have not received your decision within 120 days and have not heard from us.

Post-Hearing Procedure

After the hearing, the Vice-Chair or Panel assigned to your appeal may decide they need more information before making a decision. If that happens, we’ll write to you to let you know what information is needed. You are expected to cooperate with us in getting the information. All participating parties will have an opportunity to respond to the information added to the appeal or application. We may need more hearing days before the Vice-Chair or Panel can make a decision. For more information, please review Practice Direction #25 – Post-Hearing Procedure or Contact Us.

Inactive Appeals

We may make an appeal inactive after the hearing. You must respond to requests for updates or information. If you don’t provide the information needed to proceed, your appeal may be closed. For more information on inactive appeals, please review Practice Direction #24 – Inactive Appeals or Contact Us.

Tribunal Hearing Recordings and Transcripts

We usually record the audio during WSIAT hearings. You may request an audio recording of your WSIAT hearing by completing the WSIAT Request Form for Audio Recordings.

We don’t usually produce or use transcripts of our hearings. If you want a transcript of the hearing, ask us if one exists. If the transcript has already been prepared, we’ll send you a copy. If a transcript doesn’t exist, you’ll need to order an audio recording and have it transcribed. That is, provide it to an authorized court transcriptionist who will transcribe the hearing for a fee.

For more information, please review Practice Direction #37 – WSIAT Hearing Recordings and Transcripts or Contact Us.

Reconsiderations

WSIAT decisions are final. However, we have the discretion to reconsider or correct a decision if we decide to.

A reconsideration is not another appeal. A reconsideration won’t be granted because a party disagrees with the decision or wants to reargue the case. The party requesting a reconsideration must first pass a threshold test. For information, please review Practice Direction #27 – Reconsiderations or Contact Us.

Right to Sue Applications

For reconsiderations of a decision in a Right to Sue Application, please review Practice Direction #17 – Right to Sue Applications or Contact Us.