Case Summary : Decision-Making Process
Access to investigation documents
A worker complained to the Commission when the regulatory compliance
officer (RCO) failed to respond to his request for access to his
claim file, including all the notes, audio tapes and surveillance
gathered by the WSIB investigator. The worker had received a preliminary
decision to suspend benefits based on information from the investigator.
The worker wanted that information so that he could respond before
a final decision was made on his entitlements.
The worker did not receive the investigation record until after
the RCO made the final decision four months later, which confirmed
the benefit suspension. When the worker received the investigation
record, he found many parts were missing. He wrote to the RCO eight
times between November and March, asking for specific missing information.
The Commission spoke to the RCO several times and to the manager
to review the access process.
To follow up on the systemic issues arising from this case, the
commissioner and the specialist met with the directors of prosecutions
and compliance to discuss the investigation and the decision-making
process after an investigation. The directors agreed to rewrite
the letter sent to workers after an investigation is done and a
preliminary decision made to suspend benefits. The letter will now
state clearly how workers can participate in the process. The WSIB
also agreed to provide workers with automatic access to the investigation
The director of prosecutions also said he was reviewing the process
and procedures in investigations.