Considering new information in the decision-making process

Some callers tell the Commission that they cannot move forward in the decision-making or appeal process because new evidence they provide is not reviewed or they have not received a reconsideration decision.

A worker contacted the Commission with concerns about the fairness of the reconsideration process in his claim. The worker had provided new information that his case manager did not take into account in the reconsideration decision. In particular, the decision failed to include an analysis of his specialist’s opinion on causation, an ergonomic opinion, and medical literature references.

The Commission contacted the manager, who reviewed the WSIB’s adjudicative advice document on disablement claims and decided to refer the file to a WSIB medical consultant. The worker then received a fully reasoned decision that included an analysis of the new evidence.