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Workers' Kit: Appealing WSIB Decisions
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WORKERS' INFORMATION KIT:  Non-Economic Loss (NEL) Awards

Table of Contents

Who Is This Kit For?

About This Kit

What Is a Non-Economic Loss (NEL) Award?

Part 1: The NEL Process

NEL Entitlement
Choosing a Doctor
The Medical Assessment
Second Assessments
Amount of the NEL Award
Payment of the NEL Award
Future Increases in Your NEL Award

Part 2: NEL Problems

What If WSIB is Delaying My NEL Assessment?
How Do I Choose a Doctor From the List?
What If the Amount of My NEL Award is Too Low?
What Is the Effect of a 0% Permanent Impairment Rating?
Should I Request a Lump Sum or Monthly Payments?
What If My Condition Deteriorates?

Appendices

Appendix 1
The NEL Process

Appendix 2
Calculation of NEL Award

Appendix 3
Note to Doctor -- Request for an Opinion Regarding a Delayed NEL

Appendix 4
Sample Letter -- Request for a NEL Assessment

Appendix 5
Note to Doctor -- Request for an Opinion on the NEL Medical Assessment

Appendix 6
Emotional, Psychological and Chronic Pain Problems

Appendix 7
Sample Letter -- Request to Appeal a NEL Assessment

Appendix 8
Sample Letter -- Request for a NEL Re-assessment

IMPORTANT INFORMATION
There are time limits for appealing WSIB decisions. If you wish to appeal a decision, contact a qualified representative as soon as possible. For more information on time limits, see OWA Fact Sheets 24 and 25 called Appealing to WSIB and Appealing to WSIAT.

This Workers' Kit contains general information only. It is not a legal document. To see what the law says, you should look at the Workplace Safety and Insurance Act and WSIB policies. If you require help and do not have a union to assist you, contact the Office of the Worker Adviser:

  • Our toll free telephone number is 1-800-435-8980 (English) or 1-800-661-6365 (French)
  • or visit our website at http://www.owa.gov.on.ca
Cette Trousse du travailleur est aussi disponible en français

OWA Workers' Kit 3 - June 2007
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