HR MANAGERS GUIDE TO HEALTH AND SAFETY

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HR MANAGERS GUIDE TO HEALTH AND SAFETY

• R. Lance Ceaser
• Filion Wakely Thorup Angeletti LLP
• September November 2009
• LECTURE 6
• WORKPLACE SAFETY ANDINSURANCE ACT (WSIA)

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Introduction to Workplace Safety and Insurance
Board (WSIB)

• No Fault System in Ontario
• Workers who are registered with the WSIB give up
  their right to sue their employer for negligence
  in return for guaranteed benefits from the WSIB
  if their claim is accepted.
• Employers registered with the board are protected
  from lawsuits in exchange for making payments to
  the WSIB on a regular basis.

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Workplace Safety And Insurance Act, 1997 (WSIA)

• WSIB is governed by the WSIA
• The WSIA has 4 main purposes
• To promote health and safety in workplaces and to
  prevent and reduce the occurrence of workplace
  injuries and occupational diseases
• To facilitate the return to work and recovery of
  workers who sustain personal injury arising out
  of and in the course of employment or who suffer
  from an occupational disease
• To facilitate the re-entry into the labour market
  of workers and spouses of deceased workers and
• To provide compensation and other benefits to
  workers and to the survivors of deceased workers.

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WSIB

• The WSIB overseas Ontarios workplace safety and
  insurance system.
• The WSIB provides disability benefits to injured
  workers, monitors the quality of health care and
  assists in early and safety return to work for
  workers who are injured on the job or who
  contract an occupational disease.
• In order to do these things the WSIB maintains an
  insurance fund to pay the benefits for insured
  workers and pay the operational costs of the WSIB.

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Who is Covered?

• Coverage under the Act only applies to those
  employers
• whose operations are compulsorily covered by
  Schedules 1 or 2 of the Act, or
• whose operations have been added to Schedule 1 of
  the Act by application, or
• who have optional insurance only

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Who is Covered?

• Schedule 1 and 2 Employers
• The insurance plan under the WSIA applies to
  every worker employed by a Schedule 1 or Schedule
  2 employer, with the exception of 3 specific
  classes of workers
• (a) Casual workers workers whose employment by
  an employer is of a casual nature and who are
  employed for purposes other than the employers
  industry.
• (b) Outworkers workers given articles or
  materials to be made up, cleaned, washed,
  altered, ornamented, finished, repaired or
  adapted for sale in the persons own home or on
  other premises not under the control or
  management of the person who gave out the
  articles or materials.
• (c) Executive officers of a corporation, unless
  deemed to be a worker under the WSIA.

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Schedule 1 Employer

• Workplace insurance coverage is compulsory for
  any business or industry named in Schedule 1.
• These employers pay premiums to the WSIB which go
  into an insurance fund, a Schedule 1 employer is
  protected by a system of collective liability.
• A Schedule 1 employer is not individually liable
  to pay benefits directly to workers or their
  survivors under the insurance plan.

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Insurance Fund

• The insurance fund is made up of annual premiums
  paid by Schedule 1 employers.
• The amount of premium is based on the WSIB's
  classification of the employer's business
  activity and the employer's total insurable
  payroll.

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Schedule 2 Employer

• Schedule 2 employers are compulsorily covered
  through a system of individual liability.
• Every Schedule 2 employer is individually liable
  to pay benefits under the insurance plan
  respecting workers employed by the employer on
  the date of the accident.
• The WSIB charges every Schedule 2 employer for
  the cost of the administering their claims.

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Optional Coverage

• The WSIA allows individuals who are not
  automatically covered under it to apply to the
  WSIB for coverage.
• Upon application, the WSIB may declare that any
  of the following people is deemed to be a worker
  to whom the insurance plan applies
• An independent operator carrying on business in
  an industry included in Schedule 1 or Schedule 2
• A sole proprietor carrying on business in an
  industry included in Schedule 1 or Schedule 2
• A partner in a partnership carrying on business
  in an industry in Schedule 1 or Schedule 2.
• An executive officer of a Schedule 1 or Schedule
  2 employer.

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Transfer to Schedule 1

• Any Schedule 2 employer may request a transfer to
  Schedule 1 and receive the protection of
  collective liability.
• Guidelines for Schedule 2 employers requesting
  transfers to Schedule 1 are the same as those for
  non-covered employers applying for Schedule 1
  coverage.

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Accident Reporting
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Form 7Employers Report of Injury/Disease

• Employers must report a work related
  accident/illness to the Workplace Safety and
  Insurance Board (WSIB) if they learn that a
  worker requires health care and/or
• Is absent from regular work
• Earns less than regular pay for regular work
  (i.e. only works partial hours)
• Requires modified work at less pay.
• Reporting is also required if, following the date
  of the work related accident/illness, the worker
  does not receive health care but requires
  modified work at regular pay for more than seven
  calendar days.

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Health Care

• Health care includes
• Services provided at hospitals and health
  facilities, and
• Services that can only be provided by one of the
  following health care professionals
  chiropractor, physician, physiologist, registered
  nurse (extended class), or dentist.

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First Aid

• It is not necessary to complete this report for
  first-aid only injuries handled by an
  in-house/worksite health care professional or
  trained first-aider.
• However, the law requires employers to keep
  record of all first aid details.

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First Aid

• First aid is the one-time treatment or care and
  any follow-up visit(s) for observation purposes
  only.
• First aid includes, but is ot limited to
• Cleaning minor cuts, scrapes, or scratches
• Treating a minor burn
• Applying bandages or dressings
• Applying a cold compress, cold pack or ice bag
• Applying a splint
• Changing a bandage or a dressing after a
  follow-up observation visit

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Form 7 Time Requirements

• The Form 7 must be completed within 3 calendar
  days after learning of the accident/illness, and
  it must be received by the WSIB within 7 calendar
  days after learning of the accident/illness.

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Form 7 Requirements

• Once the Form 7 is filled out, the employer must
  sign and date it.
• The Employer must also
• 1. Send a copy to the WSIB by mail, fax or online
  through eService.
• 2. Provide a copy to the worker (including any
  attachments).
• 3. Keep a copy for their records.

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Failure to Meet Reporting Requirements

• The WSIB will charge a penalty of 250.00 for
  each of the following
• Late submission of the Form 7
• Incomplete information on the Form 7
• Failing to provide a copy of the completed Form 7
  to the worker, and
• Reporting the incident on a form that is not
  approved by the WSIB.
• There can be multiple fines. I.e. If the Form 7
  is late and incomplete, the fine would be
  500.00.

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Workers Claim and Consent Requirements

• A worker must file a claim for benefits as soon
  as possible after an accident.
• A worker must also consent to the disclosure of
  his or her functional abilities information
• A workers claim must be filed within 6 months of
  an accident, or in the case of an occupational
  disease, within six months of the worker learning
  of the disease.
• The WSIB may extend this time limit if in the
  opinion of the WSIB it is just to do so.

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Workers Claim and Consent Requirements (Contd)

• If the worker does not file the claim for
  benefits, or consent to the disclosure of
  functional abilities information within the
  six-month deadline, the WSIB does not provide
  benefits unless, in its opinion, it is just to do
  so.
• Workers must give their employers a copy of the
  claim for benefits at the same time they give a
  copy to the WSIB. In the case of occupational
  diseases, workers must give a copy of the claim
  to the employer who most recently employed them
  in the employment to which the disease is
  associated.

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Form 6Workers Report of Injury/Disease

• Workers meet their reporting requirement to claim
  for benefits by signing the Workers Report of
  Injury/Disease Form 6
• Workers also meet their requirement to consent to
  disclose functional abilities information by
  signing the Workers Report of Injury/Disease
  Form 6

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Form 6Workers Report of Injury/Disease

• The worker must provide a copy of the Form 6 to
  his or her employer

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Health Professionals ReportForm 8

• A health professionals is a chiropractor,
  physician, physiologist, or registered nurse
  (extended class)
• Form 8 is to be completed when
• the health professionals patient states that an
  injury/illness is related to his or her work
• The health professional believes that the cause
  of the patients illness/injury is due to
  workplace factors

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Health Professionals ReportForm 8

• Section 37 of the WSIA provides the legal
  authority for health professionals, hospitals and
  health care facilities to submit, without
  consent, information relating to a worker
  claiming benefits to the WSIB

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Functional Abilities Form

• The purpose of the FAF form is to plan an early
  and safe return to work
• The purpose is to identify the workers overall
  functional abilities and work restrictions that
  will assist his or her return to suitable work

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Work Relatedness
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Definition of Accident

• Accident includes
• a willful and intentional act, not being the act
  of the worker
• a chance event occasioned by a physical or
  natural cause, and
• a disablement arising out of and in the course of
  employment

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Definition of Accident

• Chance event
• A chance event is defined as an identifiable
  unintended event which causes an injury. An
  injury itself is not a chance event.Disablement
  
• The definition of disablement includes
• a condition that emerges gradually over time
• an unexpected result of working duties.

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Accident in the Course of Employment

• A personal injury by accident occurs in the
  course of employment if the surrounding
  circumstances relating to place, time, and
  activity indicate that the accident was
  work-related.

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Benefits Provided to Workers
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Benefits Provided to Workers

• Benefit for Loss of Earnings (LOE)Workplace
  insurance pays workers 85 of their take-home pay
  if they cannot work because of work-related
  injury or illness, up to a maximum insured wage
  of 74,600 in 2009.
• Benefit for Non-Economic Loss (NEL)Workers who
  suffer permanent impairment may receive a
  non-economic loss benefit to cover physical or
  psychological loss beyond financial loss.

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Benefits Provided to Workers

• Health CareWorkplace insurance pays for a wide
  range of health care services for workers with
  work-related illness or injury.
• Health care includes
• services provided at hospitals and health
  facilities and
• services that can only be provided by one of the
  following health care professionals
  chiropractor, physician, physiotherapist,
  registered nurse (extended class), or dentist.
• Return to Work HelpThe WSIB provides a team of
  professionals to help workers get back to work
  after illness or injury. This team includes an
  adjudicator and a nurse case manager (a nurse
  trained to deal with workplace injury). The team
  may also call on mediators, ergonomists,
  advisors, and outside providers to help the
  worker get back to work.

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Benefits Provided to Workers

• Survivor BenefitsThe WSIB provides four types of
  benefits to survivors of workers who die as a
  result of workplace illness or injury
• Survivor Payments (lump sum and monthly benefits)
• Funeral and Transport Costs
• Supportive and Financial Counseling
• Help in Joining the Workforce
• Retirement BenefitsIf a worker is under 64 years
  of age, and has received benefits for 12
  continuous months, the WSIB sets aside 5 of all
  loss-of-earning benefits to create a retirement
  fund (the worker may choose to set aside another
  5). The retirement benefit is paid when the
  worker reaches age 65.

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Benefit Payments

• Wages and Employment Benefits for Day of Injury
• If a worker is entitled to benefits as a result
  of a work-related injury/disease, the employer is
  required to pay the worker's full wages and
  employment benefits for the day of injury.

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LOE Benefits

• A worker who has a loss of earnings as a result
  of a work-related injury is entitled to payment
  of loss of earnings (LOE) benefits beginning when
  the loss of earnings begins. The payment
  continues until the earliest of
• the day on which the workers loss of earnings
  ceases
• the day on which the worker reaches 65 years of
  age, if the worker was less than 63 years of age
  on the date of the injury
• two years after the date of injury, if the worker
  was 63 years of age or older on the date of the
  injury, or
• the day on which the worker is no longer impaired
  as a result of the injury.

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LOE Benefits

• LOE benefits are based on 85 of the workers
  pre-injury net average earnings (NAE) subject to
  the legislated minimum and maximum amounts of
  compensation.
• A full LOE benefit is 85 of the workers
  pre-injury NAE. A partial LOE benefit is some
  portion of 85 of the worker's pre-injury NAE.
• LOE payments begin the day after the date of
  injury. LOE payments may begin on a later date if
  the workers loss of earnings does not begin
  immediately following the injury.

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LOE Benefits

• Payment Frequency
• LOE benefits are paid bi-weekly (every two weeks)
  until the worker reaches 65 years of age. For
  workers who are 63 years of age or older at the
  time of injury, the bi-weekly LOE benefit
  continues for up to a maximum of 2 years from the
  date of injury.

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Lose of Retirement Income Benefits

• To replace a worker's lost retirement income, the
  WSIB sets aside funds for a worker who has
  received loss of earnings (LOE) payments for 12
  continuous months. The funds equal 5 of the
  amount of every subsequent LOE payment.
• In addition to the funds set aside by the WSIB,
  the worker may voluntarily contribute 5 of every
  subsequent LOE payment toward the loss of
  retirement income (LRI) benefit. The decision to
  make voluntary contributions is irrevocable.
• When the worker reaches age 65, he or she is
  entitled to receive the LRI benefit. The amount
  of the LRI benefit is the sum of the mandatory
  contributions, and the workers voluntary
  contributions, if any, plus the accumulated
  investment income.
• If the worker dies before age 65, the survivors,
  designated beneficiary, or estate are entitled to
  receive the LRI benefit. Survivors who are
  entitled to s.48 benefits are not entitled to the
  mandatory contributions, plus the accumulated
  investment income.

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Non-Economic Loss (NEL)

• Workers who have a work-related permanent
  impairment are eligible for non-economic loss
  (NEL) benefits.
• To rate permanent impairments, the WSIB uses a
  prescribed rating schedule, all relevant health
  care information in the claim file and, if
  required, the report from a NEL medical
  assessment.

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NEL Award

• Permanent Impairment
• Permanent impairment means any permanent physical
  or functional abnormality or loss (including
  disfigurement) which results from an injury, and
  any psychological damage arising from the
  abnormality or loss.
• A worker's degree of permanent impairment is
  expressed as a percentage of total permanent
  impairment of the whole person.

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NEL Award

• Maximum Medical Recovery
• Workers reach maximum medical recovery (MMR) when
  they have reached a plateau in their recovery and
  it is not likely that there will be any further
  significant improvement in their medical
  impairment.
• Decision-makers determine when MMR is reached
  based on the following information which includes
  but is not limited to
• clinical reports from the treating health
  professional(s)
• specialists' report(s), where appropriate
• reports from agency(ies) providing treatment
  and/or evaluation, (e.g., Regional Evaluation
  Centres)
• information from the worker on his/her medical
  impairment
• external, evidence-based medical/scientific
  guidelines on disease and injury-specific
  impairment and treatment, and
• the opinion of WSIB clinical staff, if obtained.

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NEL Award

• To calculate NEL benefits, the WSIB
• identifies the base amount and age adjustment
  factor for the year the worker reached maximum
  medical recovery (MMR)
• adjusts the base amount according to the worker's
  age at the time of the accident, and
• multiplies the new base amount by the permanent
  impairment rating to get the NEL benefit.

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NEL Award

• Step 1 - Identify the correct base amount and the
  age adjustment factor for the year the worker
  reached MMR
• Under the current legislation, the base amount
  for 20008 is set at 55,124.53 and the age
  adjustment factor is 1,225.43.
• Step 2 - Adjust the base amount according to the
  worker's age at the time of the accident.
• If the worker was under 45 when the accident
  occurred, the WSIB increases the base amount by
  the adjustment factor for each year the worker
  was under 45, up to a maximum of 20 years.
• If the worker was over 45 when the accident
  occurred, the WSIB decreases the base amount by
  the adjustment factor for each year the worker
  was over 45, up to a maximum of 20 years.
• Step 3 - Determine the value of the NEL benefit
• To do so, the WSIB multiplies the new base amount
  by the worker's permanent impairment rating

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NEL Award

• Example
• David's accident occurred in 1997, and he reached
  MMR in 1998. The base amount for workers whose
  MMR date is in 1998 is 51,535.37, and the
  adjustment factor is 1,145.63.
• David was 30 when his accident happened. As a
  result the WSIB increases the base amount of
  51,535.37 by the adjustment factor of 1,145.63
  x 15, to get the new base amount. 51,535.37
  17,184.45 68,719.82 (new base amount)
• If David's permanent impairment is rated at 10,
  his NEL benefit is68,719.82 x 10 6,871.98

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Safety and Prevention Programs
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Experience Rating

• Under the WSIA, the WSIB may create experience
  and merit ratings programs to encourage employers
  to reduce injuries and occupational disease and
  to encourage workers to return to work.
• The Board currently has 3 experience rating
  programs
• New Experience Rating Plan (NEER), which applies
  to employers with operations in non-construction
  rate groups paying more than 25,000 in average
  annual premiums
• CAD-7, which applies to employers with rate
  groups in the construction industry paying more
  than 25,000 in average annual premiums and
• The Merit Adjusted Premium Program (MAP), which
  applies to employers paying between 1,000 and
  25,000 in average annual premiums.

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Experience Rating

• A premium rate for each rate group is set
  annually by the WSIB. The premium rate and an
  employers insurable earnings together determine
  the annual premium to be paid, before adjustment
  to experience rating.
• The experience rating programs operate on the
  principle of retrospective rating.

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WSIBs Authority to Adjust Premiums

• Section 82 of the WSIA provides that the WSIB may
  increase or decrease the premiums otherwise
  payable by a particular employer in such
  circumstances as the WSIB considers appropriate
  including the following
• in the opinion of the WSIB, the employer has not
  taken sufficient precautions to prevent accidents
  to workers or the working conditions are not safe
  for workers, or
• the frequency of work injuries among the
  employer's workers and the accident cost of those
  injuries are consistently higher than that of the
  average in the industry in which the employer is
  engaged.

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NEER

• NEER generates premium refunds and surcharges
  based on an employers accident cost experience.
  When determining claims costs for the refund or
  surcharge calculation, NEER takes into account
  overhead costs and the future costs of benefits
  relating to the claim.
• As of January 1, 1995, NEER coverage includes all
  rate groups in Schedule 1 except those in CAD-7.

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NEER

• In the case of NEER, the WSIB reviews the claims
  costs for a given accident year in each of the 3
  following years. The recalculation of claim costs
  under NEER throughout the 3-year review period
  takes into account additional benefits or
  approved cost relief made on the claim.
• If the employers claims costs for a given
  accident year differ from the expected rate group
  average based on costs as of September 30 in the
  first year of review, the WSIB issues a refund or
  a surcharge for that accident year. If claims
  costs for that accident year change in the second
  and third year of review, the WSIB adjusts the
  refund or surcharge accordingly.
• For example, accidents occurring in 2004 had
  their costs reviewed for the first time on the
  basis of claims cost data recorded up to and
  including September 30, 2005. Similar reviews,
  and adjustments where applicable, took place on
  September 30 in 2006 and 2007.

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NEER

• NEER refunds and surcharges are calculated late
  in each calendar year using claims cost data up
  to and including September 30 of that same year.
  The data and the calculation of the refund or
  surcharge appear on the Firm Summary Statement
  for September 30. A refund amount, as calculated,
  is first applied to any outstanding balance only
  the remaining amount, if any, is issued as a
  refund directly to the employer.
• NEER bases its calculations on the lifetime cost
  of each claim. It breaks down the cost of a claim
  into 3 parts
• actual past benefits up to the date of the
  calculation
• projected future costs for the lifetime of the
  claim, and
• overhead.
• These components are detailed on the Claim Cost
  Statement so that an employer knows precisely how
  the claims costs under NEER are calculated.

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NEER Claim Cost Limit

• The WSIB reduces the total claims cost under NEER
  by protecting employers from the financial
  effects of a catastrophic claim or an unusually
  high number of costly claims in any given
  year.Claim cost limitA limit is placed on the
  maximum cost which can be used by NEER for any
  one claim. The current per claim limit is equal
  to 5 times the maximum insurable earnings. This
  represents the maximum earnings for which
  benefits can be paid as of January 1 of each
  year, and is fixed by legislation. For example,
  the 2009 maximum insurable earnings is 74,600,
  so the claim cost limit for 2009 is 5 x 74,600
  373,000.Firm cost limitA further limit is
  placed on the firms total claims costs for a
  given accident year for each particular rate
  group. The current firm cost limit is equal to 4
  times the expected claims costs.

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Ratings Factor

• After the claim cost limit and the firm cost
  limit have been applied to the total claim costs,
  the WSIB calculates the refund or surcharge under
  NEER using a rating factor. Generally, the
  smaller the premium or insurable earnings, the
  lower the rating factor, thus the smaller the
  potential refund or surcharge.
• The WSIB has set the minimum and maximum rating
  factors for all rate groups at 40 and 100,
  respectively. Rating factors calculated above the
  maximum are reduced to 100, those calculated
  below the minimum are increased to 40.

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NEER Refunds and Surcharges

• The formula for calculating refunds and
  surcharges is
• (actual costs under NEER - expected costs) x
  rating factor refund or surcharge
• If the final amount is negative, the calculation
  produces a refund. If the amount is positive, a
  surcharge results.

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Fatal Claim Premium Adjustment

• In the year of a traumatic fatality claim, a
  premium increase, equivalent to the NEER or CAD 7
  refund an employer is entitled to receive, is
  applied to the employer of the deceased worker.

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Appeals
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Appealing a Decision

• To appeal a decision of the WSIB, the workplace
  party must inform the WSIB, in writing, of its
  intention to appeal the decision. The WSIB calls
  this written communication a notice of objection.
  
• The workplace party must submit the notice of
  objection within the appeal time limit identified
  in the WSIB's decision letter.

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Appealing a Decision

• Time Limits
• A worker, survivor employer, parent or
  beneficiary designated by the worker who objects
  to a decision of the Board shall file a notice of
  objection with the Board,
• (a) in the case of a decision concerning return
  to work or a labour market re-entry plan, within
  30 days after the decision is made or within such
  longer period as the Board may permit and
• (b) in any other case, within six months after
  the decision is made or within such longer period
  as the Board may permit.

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Reconsideration

• To ensure that every opportunity is given for
  early resolution, the decision-maker reconsiders
  the original decision based on the information in
  the file and the Objection Form.

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Appeal Options

• There are four appeal process options
• 60-day Option
• Written Appeal
• Oral Hearing
• Alternative Dispute Resolution

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Appeal Options

• 1. 60-day Option
• Intended for straight-forward cases
• A decision is made within 60 days based on the
  information contained in the case file and any
  additional information submitted in writing.

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Appeal Options

• 2. Written Appeal
• If the parties agree the matter can be determined
  without a hearing, the parties are given 21 days
  to submit written appeal submissions
• A decision is then made based on the information
  contained in the case file and written appeal
  submissions.

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Appeal Options

• 3. Oral Hearing
• An oral hearing is held before an Appeals
  Resolution Officer
• The parties make oral arguments and call
  witnesses.
• Decision is based on the evidence and argument
  from the hearing and the claim file.

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Appeal Options

• 3. Oral Hearing continued
• Parties must disclose all available evidence 4
  weeks before the date of the hearing
• Parties must also disclose the names of any
  witnesses and what the witness is expected to
  speak about 4 weeks before the date of the
  hearing

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Appeal Options

• 4. ADR
• Generally used in unionized workplaces in the
  steel industry, mining, automobile and retail
  food industries.

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Appeal Results

• After the appeal, the Appeals Resolution Officer
  will release a written decision.
• The decision of the Appeals Resolution Officer is
  the final decision at the WSIB level.

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Workplace Safety and Insurance Appeals Tribunal
(WSIAT)

• Persons who want to appeal a final decision of
  the WSIB must provide notice of their appeal in
  writing to the WSIAT, and indicate why the
  decision is incorrect or should be changed.
• An appellant must file a Notice of Appeal (NOA)
  form. There are different forms for workers and
  employers to use to start an appeal.
• Appellants must provide a copy of the Boards
  final decision (usually the Appeals Resolution
  Officers decision) with the NOA.

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Workplace Safety and Insurance Appeals Tribunal
(WSIAT)

• Time Limits
• An appeal must be filed with the Tribunal within
  6 months after the Board final decision (usually
  from an Appeals Resolution Officer).

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Confirmation of Appeal

• To proceed with an Appeal at the WSIAT level, the
  Appellant must file a Confirmation of Appeal
  (COA) form
• The COA form must be filed no later than 24
  months after the appeal is commenced
• Within 2 weeks of receiving the COA form, the
  Respondent must also file a COA form

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Purpose of Confirmation of Appeal Form

• to confirm the issues on appeal
• to identify the length of hearing time needed
• to file evidence in support of the appeal
• to advise the Tribunal and other party about
  witnesses
• to express interest in ADR services

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Disclosure of Evidence

• Parties must disclose all available evidence with
  the COA form
• Parties must disclose all other evidence to the
  Tribunal and to the other parties no later than
  three (3) weeks before the hearing date. Parties
  should take particular care to disclose
  additional evidence (e.g. medical reports) they
  intend to use at the hearing that became
  available after filing the COA.

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Disclosure of Witnesses

• Parties must disclose witness information on the
  COA form. The following information must be
  provided to the Tribunal
• a list of all witnesses the party intends to have
  at the hearing, other than the worker (a witness
  list) and
• a summary of the evidence that each witness
  (other than the worker) will give at the hearing
  (a will say statement).
• Where a party changes, removes, or adds a new
  witness to the partys witness list after filing
  a COA, the party must disclose this by providing
  written notice to the Tribunal and all other
  participating parties. In addition, a "will say"
  statement must be disclosed for each new witness.
  
• Parties must provide written notice of any
  changes to their witness list no later than three
  (3) weeks before the hearing date.

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Options for Appeal

• Written Appeal
• In a written appeal, a Tribunal Panel or
  Vice-Chair decides the appeal by reviewing the
  case materials including written submissions from
  the parties.

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Options for Appeal

• Oral Hearing
• In an oral hearing, the appellant or his/her
  representative and a participating respondent or
  his/her representative make submissions to the
  vice-chair or panel.
• The appellant is expected to answer questions
  about the case, from their representative, the
  respondents representative and/or the vice-chair
  or panel. Any witnesses who appear also answer
  questions asked by representatives and/or the
  vice-chair or panel.
• Both sides are given the opportunity to summarize
  their case at the end of the hearing.
• Most Tribunal hearings are scheduled for a
  half-day. Tribunal hearings are quasi-judicial
  proceedings, but less formal than attending at
  court.

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Appeal Results

• Whether the appeal is by way of written
  submissions or oral hearing, a written decision
  will be released by the Vice Chair or panel
• The decision of the Vice Chair or panel is a
  final decision

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Reconsideration

• WSIAT has the discretion to reconsider a decision
  if it considers that it is advisable to do so.
• Reconsiderations, however, are rarely granted.

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Reconsideration

• The power to reconsider is discretionary. The
  Tribunal might decide that there is a good legal
  reason to reconsider a decision when
• significant new evidence is discovered which was
  not available at the original hearing and which
  would likely have changed the outcome
• the decision overlooks an important piece of
  evidence (as opposed to rejecting the evidence or
  distinguishing it)
• the decision contains a clear error of law (for
  example, the decision does not apply the relevant
  sections of the WSIA)
• the decision contains a jurisdictional error (for
  example, the Tribunal decided an issue which it
  did not have the legal authority to decide).

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• QUESTIONS?