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

Please note that once a request for a review has been filed, the CM is no longer allowed to proceed with a reconsideration.

A worker, a deceased worker's dependant, or an employer may request a review of any of the following decisions of the Board:  

Once the period for directing a reconsideration has passed, the matter must be appealed to WCAT. For decisions that cannot be appealed to the WCAT, like vocational rehabilitation issues and many pension amounts, there will be no way for anyone in the system to change an incorrect decision based on new evidence, even if it could not possibly have been presented earlier and shows conclusively that the decision was wrong. The matter must be taken to judicial review.

A complete account of the review process goes beyond the scope of this chapter. A good starting point in preparing a review of the Board’s decision is to go to [http://www.worksafebc.com www.worksafebc.com] and look for the “Manage a Claim” section, under the “Claims” menu.  Follow the link under the heading “If you disagree with a claim decision”.  There is a Policy and Procedures Manual that describes the process in detail, as well as provides the necessary forms and applications.  Limitations as to what kinds of decisions can be appealed, and what persons can appeal them, are clearly stated within this section.