Checklist for Workers' Compensation Review Division Appeals (7:App G): Difference between revisions
m (Corinne Shortridge moved page Checklist for Workers' Compensation Review Division Appeals (7:App F) to Checklist for Workers' Compensation Review Division Appeals (7:App G): Update to 2020 edition) |
No edit summary |
||
(6 intermediate revisions by 4 users not shown) | |||
Line 1: | Line 1: | ||
{{REVIEWED LSLAP | date= September 2, 2024}} | |||
{{LSLAP Manual TOC|expanded = workers}} | {{LSLAP Manual TOC|expanded = workers}} | ||
{{Checkbox}} Interview client | {{Checkbox}} Interview client | ||
{{Checkbox}} Review | {{Checkbox}} Review their documents | ||
{{Checkbox}} Immediately take note of time limits applicable – they are always to be adhered to | {{Checkbox}} Immediately take note of time limits applicable – they are always to be adhered to | ||
Line 9: | Line 10: | ||
{{Checkbox}} Contact the WCB for necessary clarification, reconsideration based on new evidence, etc. | {{Checkbox}} Contact the WCB for necessary clarification, reconsideration based on new evidence, etc. | ||
{{Checkbox}} 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 | {{Checkbox}} 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 | ||
{{Checkbox}} File Request for Review application form if instructed by client. | {{Checkbox}} File Request for Review application form if instructed by client. Ensure the time limit is met. | ||
{{Checkbox}} Request copy of file from Board (this can be done before an appeal is filed if time permits) | {{Checkbox}} Request copy of file from Board (this can be done before an appeal is filed if time permits) | ||
{{Checkbox}} Review client’s file with | {{Checkbox}} Review client’s file with them | ||
:(a) Any correspondence | |||
:(b) Medical file | |||
:(c) Memoranda | |||
{{Checkbox}} Identify key issues leading to the decision - examine all aspects | {{Checkbox}} Identify key issues leading to the decision - examine all aspects | ||
{{Checkbox}} Research important issues | {{Checkbox}} Research important issues | ||
:(a) Medical - consult family doctor, specialist, etc. | |||
:(b) Policy - read Claims Manual, relevant Reporter decisions, etc. | |||
{{Checkbox}} Decide on the basic grounds for appeal and relief sought | {{Checkbox}} Decide on the basic grounds for appeal and relief sought | ||
Line 31: | Line 32: | ||
{{Checkbox}} Prepare and gather the evidence | {{Checkbox}} 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 | |||
:::(a) Ask Review Division to subpoena non-cooperative witnesses | |||
::(iii) Income tax returns, etc. | |||
{{Checkbox}} Prepare submissions - do this in writing, as with a trial book | {{Checkbox}} Prepare submissions - do this in writing, as with a trial book |
Latest revision as of 00:16, 3 September 2024
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on September 2, 2024. |
□ Interview client
□ Review their 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 them
- (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
- (a) Ask Review Division to subpoena non-cooperative witnesses
- (iii) Income tax returns, etc.
□ Prepare submissions - do this in writing, as with a trial book
□ Hearing
□ Receive and review Review Division findings with client
□ Consider further appeal to Workers Compensation Appeal Tribunal
© Copyright 2024, The Greater Vancouver Law Students' Legal Advice Society. |