In a letter to the Attorney of General and Minister of Labour, lawyers Michael S. Green, Ellen R. Lipes, Gary Newhouse and Peter Bird, call for reforms which, at a minimum, establish a single, long duration time limit in each WSIB claim.
Time limits on appeals to decisions in workers’ compensation matters, first introduced into the system with Bill 99 (1998), have added an unnecessary complexity that harms injured workers’ access to justice. Meeting the multiple (and often short) time limits creates an unreasonable barrier for the average worker, especially those with modest education or for whom English is a second language, and proves a burdensome challenge even for experienced representatives.
Unlike the personal injury lawsuit with a one time limit 2 years after the date of the accident, the WSIB claim may have 10 or more time limits of varying duration (30 days to 78 months). The letter highlights the adverse benefits effects, especially given current delays in appeal hearings, of the short time limit for decisions on the return to work/Work Transition process… [ read full letter]
- Ontario. Workplace Safety and Insurance Board. 2014 Jul. Appeals Services Division Practice & Procedures. Toronto: WSIB
- Injured Workers’ Consultants. 2012 Oct. Submission on Modernization of WSIB Appeals Program. Toronto: IWC
- ___. 2004 May. Letter to the Minister of Labour re Elimination of Time Limits. Toronto: IWC