An employer representative complained to the Commission about the WSIB’s delay in reviewing critical video evidence related to an allowed claim for a worker. The employer disputed the worker’s account of events, so they couriered the WSIB a USB key with CCTV footage of the incident to support their position.

The tracking information showed that the package had been received by the WSIB three weeks earlier. The representative reported that when she escalated her concerns to a manager, she was told that they were still waiting for the exhibit to be added to the claim. The representative expressed frustration over the excessive delay and was dissatisfied that they did not try to locate the exhibit.

In our initial inquiries, we contacted the Claims Records Management team who prioritized the search for the missing exhibit. Initially unsuccessful, the exhibit was found once the courier tracking number was provided by the employer representative. The exhibit was in an unmarked envelope, which had been removed from the courier packaging, making it difficult to identify. Once located, the exhibit was uploaded to the claim file, one month after it had been delivered to the WSIB.

Following a further inquiry, the eligibility adjudicator’s manager prioritized the review of the exhibit. After reviewing the video footage, the eligibility adjudicator overturned the previous decision that had allowed initial entitlement in the claim.

The employer representative expressed satisfaction with the resolution, crediting the Commission’s intervention in locating the exhibit and ensuring a prompt review.