Other Matters Decided by the WSIAT

Employers' Access to Workers' Information (Appeal at the WSIB)

All parties participating in an appeal need access to relevant information to have a fair hearing. If there is an issue in dispute at the Workplace Safety and Insurance Board (WSIB) and the worker objects to the release of their healthcare information to the employer, the WSIB refers the objection to us. We try to resolve the objection through mediation. If mediation is not successful, we hold a hearing in writing. A Vice-Chair or Panel will decide what information is to be released. The appeal at the WSIB won’t proceed until the objection to release is resolved. For more information on this process, please review Practice Direction #16 – Access to Workers' Information when the Issue in Dispute is at the WSIB or Contact Us.

Right to Sue

A party to a civil action, or an insurer from whom statutory accident benefits are claimed, may start a Right to Sue Application with us.

The Vice-Chair or Panel may decide that

• the right to commence a civil action is taken away
• the amount that a person may be liable to pay in a civil action is limited
• the injured party is entitled to claim benefits under the WSIB insurance plan

Right to Sue Applications must be made directly to us and are processed differently than appeals. For more information, please review Practice Direction #17 – Right to Sue Applications or Contact Us.