Checklist for Workers' Compensation Review Division Appeals (7:App F)

From Clicklaw Wikibooks

Interview client

Review his or her documents

Immediately take note of time limits applicable – they are always to be adhered to

Contact the WCB for necessary clarification, reconsideration based on new evidence, etc.

Advise client on alternatives such as an application for reconsideration based on new evidence, keeping in mind that the decision is not more than 75 days old since that would prohibit a Board from reconsidering it.

File Request for Review application form if instructed by client. Ensure the time limit is met.

Request copy of file from Board (this can be done before an appeal is filed if time permits).

Review client’s file with him or her

  • a) Any correspondence
  • b) Medical file
  • c) Memoranda

Identify key issues leading to the decision - examine all aspects

Research important issues

  • a) Medical - consult family doctor, specialist, etc.
  • b) Policy - read Claims Manual, relevant Reporter decisions, etc.

Decide on the basic grounds for appeal and relief sought

Apply for permission to make a late appeal of a related decision, if necessary

Prepare and gather the evidence

  • a) Client’s testimony
  • b) Other witnesses
  • c) Documents:
    • i Medical legal reports
    • ii Affidavits or letters from unavailable witnesses
    • iii Income tax returns, etc.
      • Ask Review Division to subpoena non-cooperative witnesses

Prepare submissions - do this in writing, as with a trial book


Receive and review Review Division findings with client

Consider further appeal to Workers Compensation Appeal Tribunal

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