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WSIB - Ontario Nurses' Association

WSIB - Ontario Nurses' Association

• You are required to

• You are required to attempt to mitigate any losses and you must provide jobsearch or educational upgrade information when requested.• Provide up-to-date information at least every four months outlining medicalappointments, treatments, specialists, referrals, diagnostic tests, etc.• Notify the ONA WSIB LRO of any modifications that may have been madeto accommodate your restrictions caused by the workplace accident.• Notify the ONA WSIB LRO of any change(s) in your condition or workstatus.• Notify the ONA WSIB LRO of any change(s) in your telephone number(home and work number), mailing address, email address and fax number, ifany.• Provide up to date information to the ONA WSIB LRO on all lost time youare claiming. This also includes updating the ONA WSIB LRO on any futurelost time, i.e. due to a flare up/recurrence, surgery, etc.If you do not choose ONAYou may have only one WSIB representative, however, if you do not want ONAto represent you:1. You do have the right to an external representative, but ONA does not paythe cost for an external representative. ONA also does not pay the cost ofobtaining medical reports/assessment and other documents to support yourappeal.2. You may represent yourself.3. You may be eligible for legal aid.4. If you are no longer a member of a union bargaining unit, the Office of theWorker Adviser may represent you.Other IssuesIn seeking ONA’s assistance in your appeal, you are authorizing ONA to shareinformation, including medical information, with other ONA staff as required.Also, if ONA staff were/are representing you in another proceeding, i.e., grievancearbitration, ONA shares information in order to represent you in all relevantproceedings.Whenever there is an issue in dispute, the employer may write WSIB for access toyour claim file including access to all relevant medical information. You will beasked by WSIB whether you object to the release of the medical documentation31

and why. Review the file yourself and identify to WSIB any non-compensableinformation you believe should be excluded from your employer’s access to yourclaim file. Ultimately, the Board will decide if the medical is relevant to yourwork-related injury and what medical will be released to your employer.If you have already received or are receiving benefits from WSIB, there is a possibledownside risk to appealing a decision. If WSIB believes it made an error inyour file, amounts of monies may be reduced and it also may result in overpayment.Non-WSIB BenefitsYou may be eligible for other benefits while you are in the process of appealing aWSIB decision. Such benefits may include: STD sick time benefits; employmentinsurance (EI) sick benefits; employer LTD benefits; ONA LTD benefits; drugbenefits, assistive devices program; or social assistance. Discuss this matter withyour Bargaining Unit ONA representative.Regardless of whether you are in the process of appealing a WSIB decision and/or receiving WSIB benefits, depending on your collective agreement, rememberyou may still be eligible for a minimum $50 per month payment under your LTDplan, e.g. Hospitals of Ontario Disability Income Plan (HOODIP).When injured or ill, speak to your Bargaining Unit ONA representative about thisbenefit immediately. All workers should apply for LTD benefits, if available, regardlessof whether or not the worker is entitled to the $50 per month minimumavailable in some plans. They should do so prior to the insurance carrier’s qualifyingperiod, in order to meet the insurance carrier’s time-limit requirements for filing.You may be entitled to maintaining employer benefits plans, i.e., extended healthcare plan, dental plan. You would pay your portion of the premium for these plansto the employer and the employer would pay its share of the premium. Again,discuss this with your Bargaining Unit ONA representative.If you are from the hospital sector, your employer should request a health leaveunder the Healthcare of Ontario Pension Plan (HOOPP) during the first 15 weeksof WSIB entitlement. Providing you continue to pay your portion of the cost ofHOOPP benefits, your contributory service will continue. If you are not back towork after 15 weeks, considered to be totally disabled and supporting medicalrequested by HOOPP has been provided, you should be eligible for free accrualfor as long as you continue to qualify.In other sectors, your employer should advise the Pension Plan Administrator thatyou are on leave related to WSIB.32

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