What do WSIB appeals hearings look like now?

As workplaces and offices shutdown earlier this year, organizations had to rethink and rework how they performed their day-today functions.

To support efforts to stop the spread of COVID-19, the Workplace Safety & Insurance Board (WSIB) and Workplace Safety and Insurance Appeals Tribunal (WSIAT) postponed all in-person hearings.

During the last few months, both the Board and Tribunal have been using alternative hearing methods such as teleconference, videoconference, written submissions, alternative dispute resolution, and mediation, to prevent undue delays in resolving matters.

The WSIB has made no announcements as to any changes to these altered procedures. Internally, however, the Workers’ Compensation Department has heard that the WSIB offers three options:

• Postpone until in-person hearings are available (though Members should keep in mind that there are NO guarantees on when this will happen);

• Teleconference; and,

• Videoconference.

By mid-August, on a limited basis, the WSIAT resumed some in-person hearings which falls in line with the Province’s Framework for Reopening. With the health and safety of their employees in mind, as well as hearing participants, the WSIAT is scheduling in-person hearings only for time-sensitive matters that are not suitable for the alternative methods. These in-person hearings will take place in the WSIAT Toronto location.

As stated on the WSIAT website : Throughout the COVID-19 pandemic, the WSIAT’s operational decisions have been guided by the following values and commitments:

1. Protecting the health and safety of employees, OICs (Order In Council adjudicators) and stakeholders;

2. Ensuring access to justice; and

3. Delivering excellence in adjudication, which includes conducting fair hearings in accordance with the principles of natural justice and issuing well-reasoned decisions in an efficient manner.

Regardless of which method a worker chooses, a worker can make a request for accommodation related to their hearing at any point in the adjudicative process. Accommodation requests should be made as early as possible and should include as much specific information as available.

Your Workers’ Compensation Representative will continue to work on Members’ workplace injury appeals. They will discuss availability and how comfortable each injured Member is with the methods available for hearings.

Your Workers’ Compensation Representative will gather and distribute all pre-hearing information so that each participant has the same documents that will be relied on at the hearing.

On the next page, you'll find some things* that the WSIAT recommends to those having tele/videoconferencing hearings.

• Write down all the information you need to dial-in to your teleconference or connect with your Zoom videoconference.

• Try to find a quiet, private space to sit during your tele/videoconference. Keep background noise to a minimum.

• Make sure your phone is working well. If you're using a smartphone or other device to dial in or connect, a headset with a mic or earphones may help enhance sound for you and other participants.

• Maintain a respectful tone toward all participants.

• Speak clearly and slowly, and directly into the mic or phone.

• Let the Vice-Chair/Panel know if you can't hear someone.

• Indentify if you have any observers at the start of the hearing.

• Ask for a break if you need one.

• Follow any directions given to you by the Vice-Chair/Panel on what to do if you get disconnected from the hearing.

• Use a computer, tablet, or smartphone with a functioning webcam.

• Have high speed internet.

• Clear the space visible on your camera of any personal items you don't want others to see during the videoconference.

• Make sure your device is plugged in to maintain a charge/battery throughout the hearing.

• Close any other programs or apps on your device, and turn off any other devices using the Internet, to free up your connection for the hearing.

• Mute notifications on your device.

• Dress appropriately.

• Be patient with interruptions, delays, or technical difficulties as you would expect others to be patient with you.

• You may not reproduce or record any portion of the hearing (no screenshots, video capture, photos, or audio recording).

• Don't communicate with anyone else about the case when you are testifying.

• Look only at the documents you're instructed to look at by the Vice-Chair/ Panel.

* This page adapted from http://www. wsiat.on.ca/english/print/documents/ VideoTipSheet.pdf

• People or communities may have limited Internet access and/or devices for telephone and videoconferencing;

• Childcare and normal home interruptions may interfere;

• If a Member has not met directly with their Workers’ Comp Representative, they may not be comfortable with them.

Your Workers Compensation Rep will do their best to assist you if access to technology is a barrier for you.