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

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.''' On these grounds, WCAT may rehear all or part of the appeal and come to a different conclusion. However, WCAT '''cannot''' change the outcome of a WCAT decision because it is incorrect, unreasonable, or patently unreasonable. In this respect, the WCAT decision is final, reviewable only by a court on judicial review, with a time limit to apply for judicial review of 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

Information regarding reconsideration of WCAT decisions is available on the Post-Decision Information Guide on the WCAT website. There is '''no time limit''' on applying for reconsideration. To apply for reconsideration, a worker may fill out the Application for Reconsideration form and send it to the Tribunal Counsel Office. A worker can also apply for reconsideration by writing a letter to the Tribunal Counsel Office explaining how they meet the grounds for reconsideration.

Section 310(3) of the WCA [Former Act, s. 256(3)] allows for a party to a completed appeal to apply for reconsideration of a decision based on new '''evidence''' which:

If you apply for reconsideration based on new evidence, '''you must explain''':