Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"

=== 1. Appeal Procedure – Workers’ Compensation Review Division ===

A good starting point in preparing a review of the Board’s decision is to go to [http://www.worksafebc.com www.worksafebc.com]. The “Resources” section provides access to various appeal forms, as well as an info sheet with further information on the appeals 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.  After WCAT makes a decision to allow an appeal, WCB implements it into its decision. Note that WCAT can reimburse workers for the cost of acquiring medical reports that are reasonably useful to the hearing.

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 in 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 addendum to the decision.

WCAT may reconsider a final decision for very limited reasons after its powers were considered by both the BCCA and [https://www.canlii.org/en/ca/scc/doc/2016/2016scc25/2016scc25.html?autocompleteStr=Fraser%20Health%20Authority%20v%20Workers%20Compensation%20Appeal%20Tribunal%2C%202016%20SCC%2025&autocompletePos=1''Fraser Health Authority''], 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.''' 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''). Note that a “true jurisdictional error” is an argument that should be used with caution, as the SCC has ceased

recognizing jurisdictional questions as a separate category of questions separate from any other type of question on

 

:NOTE: According to [https://www.canlii.org/en/bc/bcca/doc/2017/2017bcca403/2017bcca403.html?autocompleteStr=Denton%20v%20British%20Columbia%20(Workers%E2%80%99%20Compensation%20Appeal%20Tribunal)%2C%202017%20BCCA%2040&autocompletePos=1 ''Denton v British Columbia (Workers’ Compensation Appeal Tribunal)''], 2017 BCCA 40, where an appeal raises constitutional issues, those issues must be raised prior to the JR stage at the British Columbia Supreme Court. However, as only the Review Division has the authority to decide constitutional issues while WCAT does not, these issues must be raised during the initial review stage.