My WSIB Benefits Were Terminated over 6 Months Ago, Am I Out of Time to Appeal This Decision?
For most decisions, a person has only 6 months to object to a WSIB decision, after which they will be deemed past the time limitation to contest.
However, this is done simply by filing a two-page document known as an “Intent to Object” form, in which a person can list the decision(s) they are contesting and briefly the reasons why. Once that’s done, a person’s right to appeal that decision is enshrined essentially forever.
I often encourage clients, and even potential clients, to file such a form each and every time the WSIB makes a decision with which they disagree, even if we do not end up arguing every one of them later.
There is also a work-a-round for people who are past the 6-month deadline, in that the WSIB has an obligation to reconsider a prior decision if material new information comes to file, even if past the 6-month time limit. While we’ve had some success in the past using this approach, it’s not ideal, as the subsequent appeal can be limited solely to the impact of that new information.
While it may seem redundant or excessive, filing an Intent to Object form for every contrary decision the WSIB makes is the best approach to ensure that your rights are protected.
