Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"

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{{LSLAP Manual TOC|expanded = workers}}
{{LSLAP Manual TOC|expanded = workers}}


If the worker (or the employer) disagrees with a Board decision, they may appeal the decision to the Review Division (“'''RD'''”) '''within 90 days of the Board’s decision'''. The RD is a review body internal to the Board; links to RD material, including RD appeal forms, are available on the Board website ( [http://www.worksafebc.com/en/review-appeal www.worksafebc.com/en/review-appeal]).  The RD must issue a decision within 180 days of the appeal being filed. The RD decision may then be appealed to an independent tribunal, the Workers’ Compensation Appeal Tribunal (“'''WCAT'''”) within '''30 days of the RD decision'''. WCAT appeal forms are available on the WCAT website: [http://www.wcat.bc.ca www.wcat.bc.ca].
If the worker (or the employer) disagrees with a Board decision, they may appeal the decision to the Review Division (“'''RD'''”) '''within 90 days of the Board’s decision'''. The RD is a review body internal to the Board; links to RD material, including RD appeal forms, are available on the Board website ([http://www.worksafebc.com/en/review-appeal www.worksafebc.com/en/review-appeal]).  The RD must issue a decision within 180 days of the appeal being filed. The RD decision may then be appealed to an independent tribunal, the Workers’ Compensation Appeal Tribunal (“'''WCAT'''”) within '''30 days of the RD decision'''. WCAT appeal forms are available on the WCAT website: [http://www.wcat.bc.ca www.wcat.bc.ca].


Section 123(1) of the Act [Former Act, s. 96(4)] does allow the Board to “reconsider” '''any''' past decision, on its own initiative, but s. 123(2) of the Act [Former Act, s. 96(5)] prohibits it from doing so if a decision is more than '''75 days old''' unless there has been fraud or misrepresentation (such as when videotape may show that the worker is less disabled than claimed) or if there is a clear error or omission. The Board interprets this to mean that the reconsideration '''must be completed''', not just initiated, by the 75th day.
Section 123(1) of the Act [Former Act, s. 96(4)] does allow the Board to “reconsider” '''any''' past decision, on its own initiative, but s. 123(2) of the Act [Former Act, s. 96(5)] prohibits it from doing so if a decision is more than '''75 days old''' unless there has been fraud or misrepresentation (such as when videotape may show that the worker is less disabled than claimed) or if there is a clear error or omission. The Board interprets this to mean that the reconsideration '''must be completed''', not just initiated, by the 75th day.
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