Checklist for Workers' Compensation Review Division Appeals (7:App G)
|This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 1, 2023.|
□ Interview client
□ Review their documents
□ Immediately take note of time limits applicable – they are always to be adhered to
□ Contact the WCB for necessary clarification, reconsideration based on new evidence, etc.
□ Advise client on alternatives such as an application for reconsideration based on new evidence, keeping in mind that the decision is not more than 75 days old since that would prohibit a Board from reconsidering it
□ File Request for Review application form if instructed by client. Ensure the time limit is met.
□ Request copy of file from Board (this can be done before an appeal is filed if time permits)
□ Review client’s file with them
- (a) Any correspondence
- (b) Medical file
- (c) Memoranda
□ Identify key issues leading to the decision - examine all aspects
□ Research important issues
- (a) Medical - consult family doctor, specialist, etc.
- (b) Policy - read Claims Manual, relevant Reporter decisions, etc.
□ Decide on the basic grounds for appeal and relief sought
□ Apply for permission to make a late appeal of a related decision, if necessary
□ Prepare and gather the evidence
- (a) Client’s testimony
- (b) Other witnesses
- (c) Documents:
- (i) Medical legal reports
- (ii) Affidavits or letters from unavailable witnesses
- (a) Ask Review Division to subpoena non-cooperative witnesses
- (iii) Income tax returns, etc.
□ Prepare submissions - do this in writing, as with a trial book
□ Receive and review Review Division findings with client
□ Consider further appeal to Workers Compensation Appeal Tribunal
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