Appeals in Worker's Compensation Claims (7:XII): Difference between revisions
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Appeals in Worker's Compensation Claims (7:XII) (view source)
Revision as of 22:17, 13 December 2022
, 13 December 2022→C. Judicial Review (JR)
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== C. Judicial Review (JR) == | == C. Judicial Review (JR) == | ||
A party may apply for judicial review at the same time that they apply for a reconsideration of a decision from WCAT. A party must apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances, the court may extend the time for applying. Due to clear language in the Administrative Tribunal Act, Judicial Review of WCAT decisions are held to the standard of patent unreasonableness on most questions (constitutional issues and questions of so-called true jurisdiction are exceptions). This is the highest level of judicial deference and limits the court's ability to interfere unless the decision was “openly, evidently, clearly wrong” (''[http://canliiconnects.org/en/summaries/41327 Canada (Director of Investigation and Research) v. Southam Inc | A party may apply for judicial review at the same time that they apply for a reconsideration of a decision from WCAT. A party must apply for judicial review of a WCAT decision by the British Columbia Supreme Court '''within 60 days''' of the date on which a decision is issued. Under certain circumstances, the court may extend the time for applying. Due to clear language in the Administrative Tribunal Act, Judicial Review of WCAT decisions are held to the standard of patent unreasonableness on most questions (constitutional issues and questions of so-called true jurisdiction are exceptions). This is the highest level of judicial deference and limits the court's ability to interfere unless the decision was “openly, evidently, clearly wrong” (''[http://canliiconnects.org/en/summaries/41327 Canada (Director of Investigation and Research) v. Southam Inc., [1997] 1 S.C.R. 748; Fraser Health'', supra]). | ||
'''Possible Judicial Review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See [[Introduction_to_Public_Complaints_Procedures_(5:I)|Chapter 5: Public Complaints Procedures]] for more information about judicial review. | '''Possible Judicial Review cases should be referred to lawyers as it is very difficult to file and conduct a judicial review without a lawyer’s assistance.''' See [[Introduction_to_Public_Complaints_Procedures_(5:I)|Chapter 5: Public Complaints Procedures]] for more information about judicial review. | ||
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Note that if Judicial Review and reconsideration are both possible, it is advisable for the worker to file their paperwork for Judicial Review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue Judicial Review if their reconsideration is denied. | Note that if Judicial Review and reconsideration are both possible, it is advisable for the worker to file their paperwork for Judicial Review within the 60-day time limit and then apply for reconsideration. This ensures that they will still be able to pursue Judicial Review if their reconsideration is denied. | ||
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. Both the Review Division and WCAT have the authority to hear constitutional issues. | |||
== D. Access to Files == | == D. Access to Files == | ||