Preparing for Your Hearing in Writing

Hearings in Writing

We may decide to hear your appeal in writing if the issues are suitable. You will not have an oral hearing. A Vice-Chair or Panel decides the appeal by reviewing the case materials, including written submissions from the parties.

How to Prepare for a Hearing in Writing

Once you receive your case materials, it’s time to prepare for your hearing in writing.

  1. If you have a representative, discuss the case with them.
  2. Review the Case Record and Addendum, carefully. These contain the information we have on file. Make sure that all the information you want considered is in this case material. This will also give you time to decide if more evidence will be helpful to your case.
  3. Review our legal and medical resources on our website.
  4. Review past WSIAT decisions that deal with similar issues as your appeal. You may submit a list of relevant decisions for consideration.
  5. Prepare written submissions. For more information, please review Practice Direction #4 – How to Prepare an Appeal at the WSIAT.

Issues on Appeal Letter

A Senior Legal Worker will review your appeal after we send the Case Record to the participating parties. They will

  • identify the issues to be decided
  • make sure the case material contains information needed
  • assess if the appeal is ready for a hearing

After review, the Senior Legal Worker will send you an Issues on Appeal Letter identifying the issues on appeal. You will also receive

  • the Addendum 1 to the Case Record
  • a Hearing Ready Form for Hearings in Writing
  • a Not Ready for a Hearing Form

You must complete and return either the Hearing Ready Form for Hearings in Writing or the Not Ready for a Hearing Form within 4 weeks from the date of your Issues on Appeal Letter.

If both parties are ready, the appellant will have an additional 2 weeks to provide reply submissions.

Evidence

If you are ready for a hearing, you must include all additional evidence and submissions you want considered with your Hearing Ready Form for Hearings in Writing.

Medical Information Requested by the Tribunal

If relevant medical information is missing, we’ll ask you to get it. Please review Practice Direction #13 – Medical Information Requested by the WSIAT.

Expert Evidence

If you wish to provide expert evidence, you must ask the expert to prepare a written report. For more information on expert evidence, please review Practice Direction #11 – Expert Evidence.

Surveillance Evidence

If there is surveillance evidence (video or audio recordings) in the case materials, or that you would like to provide as evidence, please review Practice Direction #10 – Surveillance Evidence.

Transcripts of WSIB Hearings

We do not accept audio recordings of previous hearings at the WSIB. We may admit a portion of the transcript if a witness is no longer available to testify at the WSIAT hearing. For information on how to obtain a transcript and its use, please review Practice Direction #38 – Transcripts of Workplace Safety and Insurance Board (WSIB) Hearings.

Disclosure

You must provide all your evidence and submissions to us on your Hearing Ready Form for Hearings in Writing. For information on disclosure, please review Practice Direction #8 – Disclosure.

Summonses and Production of Documents

If you can’t get a document, you may wish to request a summons. For information, please review Practice Direction #12 – Summonses and Production of Documents.

For information, please review Practice Direction #4 – How to Prepare an Appeal at the WSIAT and Practice Direction #5 – Hearing Formats, section 5, or Contact Us.