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Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"
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Appeals in Worker's Compensation Claims (7:XII) (view source)
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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = workers}} For most issues, the first level of appeal is to the Review Division of the WCB. Certain issues may undergo a second level of appeal t...") |
Desy Wahyuni (talk | contribs) |
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== A. Internal Review - Workers’ Compensation Review Division == | == A. Internal Review - Workers’ Compensation Review Division == | ||
A worker, a deceased worker's dependent, or an employer may request a review of any of the following decisions of the Board: i) a decision respecting a compensation or rehabilitation matter (e.g. denial of benefits, or quantum of benefits); ii) a decision levying payment by the employer for failure to comply with the statute; or iii) a decision respecting an occupational health or safety matter. | A worker, a deceased worker's dependent, or an employer may request a review of any of the following decisions of the Board: i) a decision respecting a compensation or rehabilitation matter (e.g. denial of benefits, or quantum of benefits); ii) a decision levying payment by the employer for failure to comply with the statute; or iii) a decision respecting an occupational health or safety matter. | ||
The Review Division may also reconsider its own decisions in some cases. It can only undertake such a reconsideration during the first 23 days after the decision is made, and only if no appeal has yet been filed to the WCAT. The Internal Review Division’s powers are slightly greater than the Board’s – it can change a decision on the basis of new evidence that didn’t exist or couldn’t have been presented previously with “due diligence” on the part of the applicant. Even that authority, however, ends on the 24th day. This means that 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. | |||
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