7,367
edits
Difference between revisions of "Checklist for Workers' Compensation Review Division Appeals (7:App G)"
From Clicklaw Wikibooks
Checklist for Workers' Compensation Review Division Appeals (7:App G) (view source)
Revision as of 21:09, 15 March 2017
, 21:09, 15 March 2017no edit summary
Desy Wahyuni (talk | contribs) m |
Nate Russell (talk | contribs) |
||
| Line 1: | Line 1: | ||
{{LSLAP Manual TOC|expanded = workers}} | {{LSLAP Manual TOC|expanded = workers}} | ||
{{Checkbox}} Interview client | |||
{{Checkbox}} Review his or her documents | |||
{{Checkbox}} Immediately take note of time limits applicable – they are always to be adhered to | |||
{{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}} 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}} Review client’s file with him or her | |||
* a) Any correspondence | * a) Any correspondence | ||
* b) Medical file | * b) Medical file | ||
* c) Memoranda | * c) Memoranda | ||
{{Checkbox}} Identify key issues leading to the decision - examine all aspects | |||
{{Checkbox}} Research important issues | |||
* a) Medical - consult family doctor, specialist, etc. | * a) Medical - consult family doctor, specialist, etc. | ||
* b) Policy - read Claims Manual, relevant Reporter decisions, etc. | * b) Policy - read Claims Manual, relevant Reporter decisions, etc. | ||
{{Checkbox}} Decide on the basic grounds for appeal and relief sought | |||
{{Checkbox}} Apply for permission to make a late appeal of a related decision, if necessary | |||
{{Checkbox}} Prepare and gather the evidence | |||
* a) Client’s testimony | * a) Client’s testimony | ||
* b) Other witnesses | * b) Other witnesses | ||
| Line 39: | Line 39: | ||
***Ask Review Division to subpoena non-cooperative witnesses | ***Ask Review Division to subpoena non-cooperative witnesses | ||
{{Checkbox}} Prepare submissions - do this in writing, as with a trial book | |||
{{Checkbox}} Hearing | |||
{{Checkbox}} Receive and review Review Division findings with client | |||
{{Checkbox}} Consider further appeal to Workers Compensation Appeal Tribunal | |||
{{LSLAP Manual Navbox|type=chapters1-7}} | {{LSLAP Manual Navbox|type=chapters1-7}} | ||
