Difference between revisions of "Checklist for Workers' Compensation Review Division Appeals (7:App G)"

From Clicklaw Wikibooks
Jump to navigation Jump to search
(5 intermediate revisions by 4 users not shown)
Line 1: Line 1:
{{REVIEWED LSLAP | date= June 30, 2021}}
{{LSLAP Manual TOC|expanded = workers}}
{{LSLAP Manual TOC|expanded = workers}}


Interview client
{{Checkbox}} Interview client


Review his or her documents
{{Checkbox}} Review their documents


Immediately take note of time limits applicable – they are always to be adhered to
{{Checkbox}} 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.
{{Checkbox}} 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.   
{{Checkbox}} 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.
{{Checkbox}} 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).
{{Checkbox}} Request copy of file from Board (this can be done before an appeal is filed if time permits).


Review client’s file with him or her
{{Checkbox}} Review client’s file with them
* a) Any correspondence
* a) Any correspondence
* b) Medical file
* b) Medical file
* c) Memoranda
* c) Memoranda


Identify key issues leading to the decision - examine all aspects
{{Checkbox}} Identify key issues leading to the decision - examine all aspects


Research important issues
{{Checkbox}} Research important issues
* a) Medical - consult family doctor, specialist, etc.
* a) Medical - consult family doctor, specialist, etc.
* b) Policy - read Claims Manual, relevant Reporter decisions, etc.
* b) Policy - read Claims Manual, relevant Reporter decisions, etc.


Decide on the basic grounds for appeal and relief sought
{{Checkbox}} Decide on the basic grounds for appeal and relief sought


Apply for permission to make a late appeal of a related decision, if necessary
{{Checkbox}} Apply for permission to make a late appeal of a related decision, if necessary


Prepare and gather the evidence
{{Checkbox}} Prepare and gather the evidence
* a) Client’s testimony
* a) Client’s testimony
* b) Other witnesses
* b) Other witnesses
Line 39: Line 40:
***Ask Review Division to subpoena non-cooperative witnesses
***Ask Review Division to subpoena non-cooperative witnesses


Prepare submissions - do this in writing, as with a trial book
{{Checkbox}} Prepare submissions - do this in writing, as with a trial book


Hearing
{{Checkbox}} Hearing


Receive and review Review Division findings with client
{{Checkbox}} Receive and review Review Division findings with client


Consider further appeal to Workers Compensation Appeal Tribunal
{{Checkbox}} Consider further appeal to Workers Compensation Appeal Tribunal
 
 
{{LSLAP Manual Navbox|type=chapters1-7}}

Revision as of 01:38, 3 December 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on June 30, 2021.



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
    • iii Income tax returns, etc.
      • Ask Review Division to subpoena non-cooperative witnesses

Prepare submissions - do this in writing, as with a trial book

Hearing

Receive and review Review Division findings with client

Consider further appeal to Workers Compensation Appeal Tribunal


© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.