Preparing for Your Oral Hearing

Oral Hearings

We may decide to hear your appeal by videoconference, in person, or by teleconference (telephone) if the issues are suitable. A Vice-Chair or Panel decides the appeal by reviewing the case materials and hearing statements, submissions, and testimony from the parties.

How to Prepare for an Oral Hearing

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

  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 or witness testimony 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 notes for the hearing regarding your opening statement, questions for witnesses, and closing statement.

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 that 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’ll also receive

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

You must complete and return either the Hearing Ready Form for Oral Hearings 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, you will have an additional 2 weeks to provide reply submissions.

Evidence

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

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

It is rare for experts, such as doctors or scientists, to testify at your hearing. 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 or if different testimony is expected. 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 and Witnesses

You must provide all your evidence to us and advise us of any witnesses you want to call to testify on your Hearing Ready Form for Oral Hearings. For information on disclosure of evidence and witnesses, please review Practice Direction #8 – Disclosure.

Interpreters

Our hearings are held in French or English, or a combination of both languages. When a witness does not speak or understand French or English, we’ll provide an interpreter. You cannot bring your own interpreter to a hearing. If your witness(es) requires an interpreter, notify us on your Hearing Ready Form for Oral Hearings. For information, please review Practice Direction #20 – Interpreters or Contact Us.

Summonses and Production of Documents

If a witness won’t agree to attend your hearing or 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 or Contact Us.