As an employer, you can appeal claims decisions made by the Operations Division or industry classifications,
experience rating or assessment decisions made by the Revenue and Employer Accounts (REA) department.
Ask for Help If You Need It
Request an Appeal on an Injury Claim
Request an Appeal on an Industry Classification, Experience Rating or Assessment
Ask for Help If You Need It
Even though the review process is informal and easy to use, you can ask for help from:
- A Representative of Your Choice
You can appoint a representative to help you present your concerns to the WCB or to get information
about a claim. You must complete and sign our
Authorization Letter of Representation (EREP)
form and mail or fax it to the WCB.
- Fair Practices Office
This office reports directly to the Board Chairman and can investigate any issues related to WCB's
procedures or administration. The Fair Practices Office can't deal with matters already being appealed.
Request an Appeal on an Injury Claim
Before You Request an Appeal
Access to Claim File Information
Request an Appeal
Appeal Process
Before You Request an Appeal
Contact the WCB staff member who made the decision and ask for an explanation of the decision, or offer to provide
any additional information you may have. Many misunderstandings and disagreements can be settled at this stage.
The WCB representative will review all medical reports and other new information about the claim. You should request
an appeal only when you and the WCB staff member can't reach an agreement.
Access to Claim File Information
Because claim files may contain sensitive or very personal information, there are certain restrictions on what can
be disclosed. The specific provisions for file disclosure are outlined under Section 171.1 and 171.2 of the
WCB Act and Board policy
POL 12/2003.
- If you disagree with a decision on a claim, you can request information from your worker's file by completing
and signing an Employer Request for Information (EROI)
form. The WCB will let your worker know that you have requested information from the file. They have the right to object
to the release of any sensitive or personal information that is not related to the decision you are questioning.
- You can authorize someone else to access this information on your behalf. Complete and sign an
Authorization Letter of Representation (EREP)
form and mail or fax it to the WCB. Your representative can then request information from the claim file using the
Employer's Representative Request
Information (ERO2) form.
Reviewing this file information, along with explanations provided by WCB staff, will normally provide you with the
information needed to understand the decision. If, after reviewing the information, you still disagree with the decision,
you have the right to request an appeal.
Request an Appeal
Your request for an appeal must be filed in writing and forwarded to the WCB by mail or fax.
You should include the following information:
- A clear written description of the issue(s) under dispute;
- Why you feel the decision is wrong; and
- The result you expect from the appeal.
If additional information becomes available after you have submitted your appeal, you can ask to have it attached to your appeal document.
Appeal Process
There are two levels of appeal that must be accessed consecutively:
1.
Appeal Department Review
2.
Board Members Review
1. Appeal Department Review
Your appeal will be assigned to an Officer in the
Appeals Department
who has the authority to make decisions about the appeal issue. Appeals are generally reviewed in the order in which they
are received. A goal of the Appeal Department is to provide the decision on your appeal within 30 days.
The WCB Operations Division must follow the instructions outlined in the appeal decision.
In accordance with their
mandate, the Appeals Officer will:
- Thoroughly review all the file information relevant to the appeal issue;
- Review any additional information you provide;
- Gather any additional information they feel is necessary to come to a fair and reasonable resolution; and
- In some case, the Appeals Officer may ask the WCB Operations Division to gather additional information and provide a new decision.
You can request a personal meeting with the Appeals Officer to provide additional information or clarify your position.
If you disagree with an appeal decision, you can appeal directly to the Board Members who act as the final avenue of appeal.
The Board Members will not consider an appeal prior to a decision being made by an Appeals Officer.
2. Board Member Review
If you disagree with the decision of the Appeals Officer, you may request a further review by the WCB Board Members.
You can submit an appeal by mail or fax to the Assistant to the Board giving your reasons for
the review and documentation to support your request.
You can request a personal meeting with the Board Members to provide additional information or clarify your position.
Request an Appeal on an Industry Classification, Experience Rating or Assessment Decision
Before You Request an Appeal
Access to Your Account Information
Request an Appeal
Appeal Process
Before You Request an Appeal
Contact the WCB representative in Revenue and Employer Accounts (REA) who made the decision and ask for an explanation of
the decision. If you have additional information, provide it to the representative for their review.
Many misunderstandings and disagreements can be settled at this stage. You should request an appeal to the REA Assessment
Committee only when you and the Service Representative can't reach an agreement.
Access to Your Account Information
You may contact the REA department to request copies of your account information.
Reviewing this file information, along with explanations provided by WCB staff, will normally provide you
with the information needed to understand the decision. If, after reviewing the information, you still
disagree with the decision, you have the right to request an appeal.
Request an Appeal
Your request for an appeal must be filed in writing and forwarded to the Assessment Committee by mail or fax. You should include the following information:
- A clear written description of the issue(s) under dispute;
- Why you feel the decision is wrong; and
- The result you expect from the appeal.
If additional information becomes available after you have submitted your appeal, you can ask to have it attached to your appeal document.
Appeal Process
There are three levels of appeal that must be accessed consecutively:
1. Assessment Committee Review
2. Appeals Department Review
3. Board Member Review
1. Assessment Committee Review
The Assessment Committee has the authority to reconsider decisions made regarding your account.
Appeals are generally reviewed in the order in which they are received and you will be advised of
the Committee's decision in writing.
The Assessment Committee will:
- Thoroughly review all the file information relevant to the appeal issue;
- Review any additional information you provide;
- Gather any additional information they feel is necessary to come to a fair and reasonable resolution; and
- In some cases, the Assessment Committee may ask the Service Representative to gather additional information.
2. Appeals Department Review
If you disagree with the Assessment Committee's decision, you can appeal to the Appeals Department. The Appeals department will:
- Review all the file information relevant to the issue under dispute; and
- Provide a written decision outlining the reasons for the decision.
3. Board Member Review
If you disagree with the decision of the Appeals Department, you may request a further review by the WCB Board Members.
- You can submit a request by mail or fax to the Assistant to the Board giving your reasons for the review and documentation to
support your request; and
- You can request a personal meeting with the Board Members to provide additional information or clarify your position.
If additional information becomes available after you have submitted your appeal, you can ask to have it attached to your appeal document.
The Board Members are the final level of appeal for employers, and their decision is binding unless new information is brought forward that
would warrant a subsequent appeal.
Industry Association Appeals
Industry associations that disagree with classification on behalf of an entire industry can appeal that decision.
There are two levels of appeal that must be accessed consecutively.
1. Assessment Committee Review
Industry associations that disagree with classification on behalf of an entire industry should direct their concerns to the REA Assessment Committee for review.
2. Board Members Review
If the Association disagrees with the Assessment Committee's decision, they can request an appeal to the Board Members.