Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"
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Similarly, the best starting point to prepare an appeal to the WCAT is to go to the [http://www.wcat.bc.ca WCAT website]. The “How to Appeal” section provides information regarding the appeal process, enables access to various appeal forms, and provides internet links to WCAT publications as well as other resources that can assist in the appeal process. The WCAT site also contains a detailed manual. Parties applying for reconsideration must write to the Tribunal Counsel Office. WCAT will not accept applications for reconsideration by telephone. Note that WCAT can reimburse workers for the cost of acquiring medical reports that are reasonably useful to the hearing. | Similarly, the best starting point to prepare an appeal to the WCAT is to go to the [http://www.wcat.bc.ca WCAT website]. The “How to Appeal” section provides information regarding the appeal process, enables access to various appeal forms, and provides internet links to WCAT publications as well as other resources that can assist in the appeal process. The WCAT site also contains a detailed manual. Parties applying for reconsideration must write to the Tribunal Counsel Office. WCAT will not accept applications for reconsideration by telephone. Note that WCAT can reimburse workers for the cost of acquiring medical reports that are reasonably useful to the hearing. | ||
== | == F. Reconsideration of WCAT Decisions == | ||
WCAT decisions are “final and conclusive”, but are subject to reconsideration based on statutory and common law grounds. If you are successful, the original decision will generally be found void, in whole or in part, and a WCAT panel will hear the appeal once again. | WCAT decisions are “final and conclusive”, but are subject to reconsideration based on statutory and common law grounds. If you are successful, the original decision will generally be found void, in whole or in part, and a WCAT panel will hear the appeal once again. | ||
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A claimant can only apply once for reconsideration on new evidence. They will not be able to re-apply multiple times for any new evidence that might become available in the future. | A claimant can only apply once for reconsideration on new evidence. They will not be able to re-apply multiple times for any new evidence that might become available in the future. | ||
The first stage of reconsideration results in a formal written decision, issued by a WCAT panel, determining whether there are grounds for reconsideration. If the panel concludes that there are no grounds for reconsideration, WCAT will take no further action on the matter. If a panel decides that there are grounds for reconsideration, the original decision will then be found void (in whole or in part) and the application will proceed to the second stage at which a WCAT panel will hear the appeal once again. The WCAT will decide whether the second | The first stage of reconsideration results in a formal written decision, issued by a WCAT panel, determining whether there are grounds for reconsideration. If the panel concludes that there are no grounds for reconsideration, WCAT will take no further action on the matter. If a panel decides that there are grounds for reconsideration, the original decision will then be found void (in whole or in part) and the application will proceed to the second stage at which a WCAT panel will hear the appeal once again. The WCAT will decide whether the second stage will be conducted by oral hearing or written submission. | ||
WCAT has the authority to reconsider both WCAT and Appeal Division decisions. WCAT does not, however, have the authority to reconsider decisions by the former Review Board or the current Review Division. Objections to those decisions will be treated as appeals, or applications for extensions of time to appeal. It is important not to apply for reconsideration until you are ready to proceed as a party may apply for reconsideration of the original WCAT decision on each ground on one occasion only. | WCAT has the authority to reconsider both WCAT and the former Appeal Division decisions. WCAT does not, however, have the authority to reconsider decisions by the former Review Board or the current Review Division. Objections to those decisions will be treated as appeals, or applications for extensions of time to appeal. It is important not to apply for reconsideration until you are ready to proceed as a party may apply for reconsideration of the original WCAT decision on each ground on one occasion only. Additionally, WCAT cannot reconsider its own decisions for reasonableness (''Fraser Health'', supra). | ||
It is important not to apply for reconsideration until you are ready to proceed as a party may apply for reconsideration of the original WCAT decision on each ground on one occasion only. | |||
In view of the finality of these provisions, especially where a decision has not been appealed, any worker who is not completely satisfied with a decision should request a review by the Review Division and if allowed, an appeal to the WCAT. This will preserve a residual right to present new evidence in the future, even if the appeal is unsuccessful. | In view of the finality of these provisions, especially where a decision has not been appealed, any worker who is not completely satisfied with a decision should request a review by the Review Division and if allowed, an appeal to the WCAT. This will preserve a residual right to present new evidence in the future, even if the appeal is unsuccessful. | ||
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WCAT decisions are accessible on the website under “research”. If you want to view previous WCAT decisions made on applications for reconsideration, you can select “reconsideration grounds,” under “type of decision”. | WCAT decisions are accessible on the website under “research”. If you want to view previous WCAT decisions made on applications for reconsideration, you can select “reconsideration grounds,” under “type of decision”. | ||
== | == G. Judicial Review (JR) == | ||
A party may apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances the court may extend the time for applying. '''Possible judicial review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See | A party may apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances the court may extend the time for applying. Due to clear language in the ATA, JR of WCAT decisions are held to the standard of patent unreasonableness on most questions (constitutional issues and questions of so-called true jurisdiction are exceptions). This is the highest level of judicial deference and limits the courts ability to interfere unless the decision was “openly, evidently, clearly wrong” (''Canada (Director of Investigation and Research) v. Southam Inc.'', [1997] 1 S.C.R. 748; ''Fraser Health, supra''). '''Possible judicial review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See Chapter 5: Public Complaints Procedures for more information about judicial review. | ||
Note that if judicial review and reconsideration are both possible, it is advisable for the worker to file their paperwork for judicial review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue judicial review if their reconsideration is denied. | Note that if judicial review and reconsideration are both possible, it is advisable for the worker to file their paperwork for judicial review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue judicial review if their reconsideration is denied. | ||