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’s decision after the hearing and mail it to you within 120 days. Some decisions may take longer than 120 days if they are complex or require post-hearing work. Once a decision is made, the WSIAT will mail it to all parties in the appeal. The WSIAT will also send the decision to the WSIB to be implemented.

How Long Will it Take to Receive the Decision?

Usually, you will receive the decision within 120 days from the last day of hearing or when post-hearing work is complete. However, 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 the WSIAT.

Post-Hearing Procedure

After the hearing, the Vice-Chair or Panel assigned to your appeal may decide that they need more information before they can make a decision. If that occurs, WSIAT staff will write to you to let you know what information is required. You are expected to cooperate with WSIAT staff in obtaining the required information. Only the requested information will be accepted at this stage in the proceeding, unless permission is granted by the Vice-Chair or Panel. All participating parties will have an opportunity to respond to the information added to the appeal or application. Additional hearing days may also be needed before the WSIAT’s decision can be made. For more information, please read the Practice Direction: Post-Hearing Procedure or Contact Us.

Inactive Appeals

An appeal may be made inactive after the hearing by the WSIAT. You must respond to requests for updates or information. If you do not provide the information required to proceed, your appeal may be closed. For more information on inactive appeals, please read the Practice Direction: Inactive Appeals or Contact Us.

Tribunal Hearing Recordings and Transcripts

The WSIAT usually records the audio during WSIAT hearings. You may request an audio recording or transcript of your WSIAT hearing by completing the WSIAT Request Form for Audio Recording or WSIAT Request Form for Transcripts of Recorded Hearings, and paying the associated fee. For more information on these recordings and transcripts, please read the Practice Direction: Tribunal Hearing Recordings and Transcripts or Contact Us.

Reconsiderations

WSIAT decisions are final. However, the WSIAT has the discretion to reconsider or correct a decision if the WSIAT considers it advisable to do so.

A reconsideration is not another appeal. A reconsideration will not be granted because a party disagrees with the decision or wants to reargue the case. The requestor of a reconsideration must pass a threshold test in order for the WSIAT to decide if and how the decision should be changed. For information on how to request a reconsideration or clarification, the threshold test and process, and your other options, please read the Practice Direction: Reconsiderations or Contact Us.

Right to Sue Applications

For reconsiderations of a decision in a Right to Sue Application, please read the Practice Direction: Right to Sue Applications or Contact Us.