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Difference between revisions of "Limitation Periods and Timing of Decisions for Workers' Compensation (7:V)"
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Limitation Periods and Timing of Decisions for Workers' Compensation (7:V) (view source)
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# Reconsideration by Review Division: Limited inquiry but '''must be completed within 23 days''' of original RD decision [[VII.A]]. | # Reconsideration by Review Division: Limited inquiry but '''must be completed within 23 days''' of original RD decision [[VII.A]]. | ||
# Appeal to WCAT: '''The time limit for appealing to WCAT is 30 days.''' If a worker or employer is unhappy with the outcome of the internal review, they must appeal to WCAT within 30 days of the RD decision being issued. '''Most WCAT Decisions must be made within 6 months (180 days) of receiving the Claim File from the Board.''' This general time limit can be extended by the chief review officer due to the complexity of the matter, a request by the worker or employer, or the need to await a pending decision on another claim raising similar legal or policy issues. '''Appeals from WCB to WCAT (90-day time limit).''' There are certain types of appeals which go directly to WCAT without the decision first being reviewed internally. These include appeals over a decision regarding alleged discrimination by an employer against a worker for making a claim, or reporting a safety violation. | # Appeal to WCAT: '''The time limit for appealing to WCAT is 30 days.''' If a worker or employer is unhappy with the outcome of the internal review, they must appeal to WCAT within 30 days of the RD decision being issued. '''Most WCAT Decisions must be made within 6 months (180 days) of receiving the Claim File from the Board.''' This general time limit can be extended by the chief review officer due to the complexity of the matter, a request by the worker or employer, or the need to await a pending decision on another claim raising similar legal or policy issues. '''Appeals from WCB to WCAT (90-day time limit).''' There are certain types of appeals which go directly to WCAT without the decision first being reviewed internally. These include appeals over a decision regarding alleged discrimination by an employer against a worker for making a claim, or reporting a safety violation. | ||
# Reconsideration by WCAT: Very limited inquiry that can primarily only be used to correct minor clerical errors unless there is new evidence or procedural unfairness | # Reconsideration by WCAT: Very limited inquiry that can primarily only be used to correct minor clerical errors unless there is new evidence or procedural unfairness (see section VII). Reconsideration for correction of a clerical error '''must be completed within 75 days''' of the original WCAT decision. Reconsideration by WCAT for new evidence of procedural unfairness has no time limit. | ||
# Judicial Review: Party must file a petition for Judicial Review within '''60 days''' of date of a WCAT decision being appealed. | # Judicial Review: Party must file a petition for Judicial Review within '''60 days''' of date of a WCAT decision being appealed. | ||
