Limitation Periods and Timing of Decisions for Workers' Compensation (7:III)

From Clicklaw Wikibooks

WCB deadlines are both short and generally strict so while there are reminders throughout this section outlining relevant deadlines, they are all collected here for quick reference. Steps 3-7 are only as applicable.

  1. Report the claim to employer: Do this as soon as possible. Even small delays can prejudice your claim.
  2. File a claim with WCB: Any claim must be filed within 1 year of the date of injury. If a claim is filed later than one year, it may be accepted if it meets criteria of "special circumstances" under Section 55 (see below).
  3. Reconsideration of Board Decision: The Board may change any past decision so long as it the inquiry is completed within 75 days.
  4. Appeal to Review Division (RD): The time limit for applying for an Internal Review is 90 days. Workers seeking appeal must always file a Request for Review to the RD within 90 days of the date of the decision. Workers are not required to submit arguments of evidence at the Request for Review stage, but only to file the Request for Review form, which includes some basic information and a brief description of what denied benefits they are seeking and why. Therefore, if the 90-day limit is approaching, it is far more important to submit the Request for Review on time than it is to ensure you have fully stated your reasons for review – those could always be added to later. If a worker has missed the 90-day time limit, they should file the review and request an extension of time providing reasons why they are late—the Chief Review Officer may grant an extension of time if good reasons are shown, but Extension of Time applications are not commonly successful Most Internal Review Decisions must be made within 5 months (150 days). The WCA now requires that the internal review officers complete their review of the Board’s decision within 150 days of the date when the request for review was made.
  5. Reconsideration by Review Division: Limited inquiry but must be completed within 23 days of original RD decision VII.A.
  6. Appeal to WCAT: The time limit for appealing to WCAT is 30 days. If a worker or employer is unhappy with the outcome of the internal review of the RD decision being issued, they must appeal to WCAT within 30 days of the RD decision being issued. Most WCAT Decisions must be made within 6 months (180 days) of receiving the Claim File from the Board. This general time limit can be extended by the chief review officer due to the complexity of the matter, a request by the worker or employer, or the need to await a pending decision on another claim raising similar legal or policy issues. Appeals from WCB to WCAT (90-day time limit). There are certain types of appeals which go directly to WCAT without the decision first being reviewed internally. These include appeals over a decision regarding alleged discrimination by an employer against a worker for making a claim, or reporting a safety violation.
  7. Amendments by WCAT: WCAT may amend to correct minor clerical errors. Request for correction of a clerical error must be completed within 75 days of the original decision.
  8. Reconsideration by WCAT for new evidence of procedural unfairness has no time limit.
  9. Judicial Review: Party must file a petition for Judicial Review within 60 days of date of a WCAT decision being appealed.

© Copyright 2017, The Greater Vancouver Law Students' Legal Advice Society.

Personal tools