Human Resources Legislative Update
Employers Take Note: WSIB Suspends Appeals and Extends Time Limits as Over 3,600 Unionized Workers Begin Rolling Strikes
Date: May 22, 2025
The Workplace Safety and Insurance Board (WSIB) has suspended its appeals processes and extended objection time limits as over 3,600 unionized workers commenced rolling strikes on May 22, 2025, following failed contract negotiations with the Ontario Compensation Employees Union (OCEU). The labour disruption has prompted significant operational changes affecting workplace parties seeking to challenge WSIB decisions.
Appeals Processes Suspended
The WSIB has confirmed that appeals processes and decision-making will be paused for the duration of the labour disruption to enable the organization to focus efforts on maintaining critical operations. This suspension affects all pending appeals and scheduled hearings, with the WSIB indicating that parties with scheduled hearings will receive notifications that their hearings have been postponed and will be contacted later to reschedule.
Time Limit Grace Period
For the duration of the labour disruption, the WSIB will provide a grace period for objection time limits from the date of the disruption until regular service resumes. This extension provides protection for workplace parties who might otherwise face expired deadlines during the work stoppage, though the WSIB has not specified how this grace period will be calculated or applied to specific decision types.
Limited Access to Claim Files
During the labour disruption, the WSIB will not be providing additional access to claim files beyond what is available through online services. Workplace parties can continue to access basic claim information through the WSIB’s online portal, though this may not provide the detailed documentation necessary for appeal preparation, which may be unavailable until the strike concludes.
Restricted Service Operations
The WSIB is focusing its efforts on people who have been ill or injured, specifically fatalities or serious injuries, people who are off work and not being paid, and people who need access to health care.
Moreover, health care providers requiring urgent assistance with prescriptions, equipment and supplies, program of care treatment extensions, or determining program suitability for injured workers can continue to access support.
For businesses, the WSIB continues to handle premium reporting, clearances and time-sensitive registrations for businesses that need immediate coverage, with non-urgent issues directed to online services or email communication.
Benefit Payments Will Continue
The WSIB confirms that parties already receiving loss-of-earnings payments or health care for work-related injuries or illnesses will continue to receive these payments or services. However, those waiting for initial payments or with claims having payments pending may experience delays, though the organization is working to process these as soon as possible.
The WSIB has stated it will continue to process claims and pay income support to those off work due to work-related injury or illness during the labour disruption.
Recommendations for Employers
Given the uncertainty surrounding service levels during the strike, employers should take the following proactive steps to protect their interests:
- Ensure all injury reports and required documentation are submitted through WSIB’s online portal rather than relying on postal mail or phone communications. The online system provides immediate confirmation of receipt and reduces the risk of processing delays.
- Closely monitor any pending appeals or objections to WSIB decisions. While time limits have not been formally suspended, document any difficulties in obtaining necessary information or services from the WSIB that could impact your ability to meet deadlines. This documentation may prove valuable if time limit extensions become necessary.
- Maintain detailed records of all communications with the WSIB during this period. Note any service delays, unavailable representatives, or delayed responses that could affect your business operations or appeals processes.
Looking Ahead
The duration and scope of the labour disruption remains uncertain, making ongoing monitoring of WSIB service updates essential. The WSIB has committed to sharing updates on their service updates webpage in the event of any service disruptions. Employers should regularly check this resource for the latest information on service availability and any changes to standard procedures.
For guidance and assistance with WSIB-related matters during this period, please contact Daryl Seupersad or your regular Hicks Morley lawyer.
The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ©