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. | == F. Clarifications, Corrections, Missed Issue == | ||
WCAT | WCAT may '''correct''' accidental errors or omissions (such as typographical or numerical) if the appellate requests it. The appellate should request corrections. The appellate should request clerical corrections as soon as possible and WCAT aims to have it amended within 90 days. WCAT may '''clarify''' their decision if it is not clear. The appellate must request clarification in writing within '''90 days'''of the date that the decision was served, and the panel will decide if clarification is necessary. If WCAT did not '''decide''' on an issue in the appeal, the appellate must request this is writing to the Tribunal Counsel Office. If the panel that made the decision agrees that they did not decide on an issue in the appeal, then they will complete the decision by writing an annendum to the decision. | ||
== G. Reconsideration of WCAT Decisions == | |||
WCAT may reconsider a final decision for very limited reasons after its powers were considered by both the BCCA and ''Fraser Health'', supra. Under the WCA, a WCAT panel may change the outcome of a WCAT decision if there is new evidence. In addition, WCAT may still reconsider a WCAT decision under common law grounds if there is procedural unfairness or a true '''jurisdictional error.''' On these grounds, WCAT may rehear all or part of the appeal and come to a different conclusion. However, WCAT '''cannot''' change the outcome of a WCAT decision because it is incorrect, unreasonable, or patently unreasonable. In this respect, the WCAT is final, reviewable only by a court on judicial review (the time limit to apply for JR is 60 days, under the ''Administrative Tribunals Act''). | |||
Information regarding reconsideration of WCAT decisions is available on the Post-Decision Information Guide on the WCAT website. There is '''no time limit''' on applying for reconsideration. To apply for reconsideration, a worker may fill out the Application for Reconsideration form and send it to the Tribunal Counsel Office. A worker can also apply for reconsideration by writing a letter to Tribunal Counsel Office explaining how they meet the grounds for reconsideration. | |||
WCAT makes a '''jurisdictional error''' if it: | |||
*Decided on something it had no power to decide (Example: if WCAT tried to make a binding decision on a residential tenancy issue when it only has authority to make decisions on workers compensation issues). | |||
*Failed to decide on something it was supposed to decide (Example: WCAT was unfair in its decision making process, such as refusing to allow a worker to make submissions for an appeal). | |||
*Was procedurally unfair (Example: WCAT was unfair in its decision making process, such as refusing to allow a worker to make submissions for an appeal). | |||
Section 256(3) of the WCA allows for a party to a completed appeal to apply for reconsideration of a decision based on evidence which: | Section 256(3) of the WCA allows for a party to a completed appeal to apply for reconsideration of a decision based on evidence which: | ||
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*did not exist at the time of the appeal hearing or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered. | *did not exist at the time of the appeal hearing or did exist at that time but was not discovered and could not through the exercise of reasonable diligence have been discovered. | ||
If you apply for reconsideration based on new evidence, you must explain: | If you apply for reconsideration based on new evidence, you '''must explain''': | ||
*why the new evidence is substantial (has weight and supports a different conclusion); | *why the new evidence is substantial (has weight and supports a different conclusion); | ||
*how it is material (is relevant to the decision); | *how it is material (is relevant to the decision); | ||
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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. | 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 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 | 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 unreasonableness or patently unreasonableness (''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. | 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. | ||
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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. | ||
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) == | == G. Judicial Review (JR) == | ||