What If WSIB Denies a Re-assessment?
Write a letter to WSIB explaining why you believe the decision is wrong. WSIB will decide whether to confirm the earlier decision or ask a senior WSIB doctor to examine you. If your Adjudicator confirms the WSIB decision, you can file an appeal to a WSIB Appeals Resolutions Officer (see OWA Fact Sheet 24 called Appealing to WSIB). If the Appeals Resolution Officer denies you a pension re-assessment, you can file an appeal to the Workplace Safety and Insurance Appeals Tribunal (WSIAT). Keep in mind that even WSIAT can decide to decrease rather than increase your pension award. See OWA Fact Sheet 25 called Appealing to WSIAT. Appeals involving pension re-assessments are usually quite straightforward and you may wish to pursue them on your own. You should collect the information suggested above and submit it to WSIB or WSIAT. Your doctor must agree there is objective evidence to support that your condition is worse. Please see the OWA Workers’ Information Kit called Appealing WSIB Decisio
