Lost letter leads to delay
Ms. E, a registered nurse, was injured at work and received benefits for two years. Then the WSIB terminated the payments. She appealed but did not hear from the Appeals Service Division (ASD) for some time. On her behalf, a legal clinic contacted the ASD and received a copy of an Appeals Resolution Officer (ARO) decision issued two weeks after the appeal was filed. As Ms. E had not received the first one, the clinic asked the ASD to re-release the decision with the current date. The ASD said they would provide a letter saying the clinic reported it had not received the ARO decision, but the letter would not say they had not sent the decision letter. The clinic thought this was unfair, saying the worker could lose her right of appeal. The clinic contacted the employer representative who also said he had not received the decision letter.
The Commission contacted the ASD manager, who said that if the clinic submitted written confirmation from the employer that they also had not received the ARO decision, the WSIB would re-release the decision with the current date. The clinic contacted the employer, who wrote the ASD confirming that they, too, had not received the decision. Ms. E received the new, current, decision and then sent her appeal to the Workplace Safety and Insurance Appeals Tribunal.