As an injured worker, you or a dependant can appeal a decision made by the Operations Division on your injury claim.
Ask for Help if You Need It
Get Information from Your File
Request an Appeal
Appeal Process
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 an
Authorization Letter of Representation form and mail or fax it to the WCB.
- Office of the Workers' Advocate
You, your dependants or your authorized representative can get free advice or assistance from the
Office of the Workers' Advocate.
- 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.
Get Information from Your File
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.
- You can ask for information from your file to help you prepare your appeal by completing and signing a
Worker's Request for Copy of File.
- You can give someone else access to this information. Complete and sign an
Authorization Letter of Representation
form and mail or fax it to the WCB. Without this form, the WCB can't give information from your file to a representative (not even your spouse).
- Your employer can also request information on your file if they disagree with a decision on your claim.
They must complete and sign an
Employer's Request for Copy of File
form and fax or mail it to the WCB. The WCB will let you know about your employer's request and you will be given the opportunity
to review the file information. If there is any sensitive or personal information in your file that is not related to the decision
your employer disagrees with, you can object to it being released.
Reviewing this file information, along with explanations provided by WCB staff, will normally provide you or your employer 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 with the WCB in writing by mail or fax or you can complete an
Appeal Submission online. You should include the following information:
- A clear written description of the issue(s) under dispute
- Why you feel the decision is wrong
- The result you expect from the appeal.
Appeal Process
There are three levels of appeal that must be accessed consecutively:
1. Appeal Department Review
2. Board Members Review
3. Medical Review Panel
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 usually 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.
Appeals Officers, in accordance with their
mandate, 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
- In some cases, 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 the Appeals Officer's 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 without a decision first 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 your request 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.
The Board Members are the final level of appeal.
3. Medical Review Panels
A request for a Medical Review Panel can only be made when all preceding avenues of appeal have been exhausted and
a bona fide medical question exists.
A bona fide medical question exists when a physician or chiropractor disagrees with a medical position taken by the WCB.
This results in two conflicting medical positions. Where such a medical question exists, injured workers can request that
a Medical Review Panel be convened to hear their concerns.
To initiate a Medical Review Panel, request the appropriate forms from the Assistant to the Board. These forms are:
- an Medical Review Panel Application Form for you to complete, including your choice of location - either Regina or Saskatoon, and
- an Enabling Certificate for your physician or chiropractor to complete. This certificate will:
- Outline the medical position of the WCB you are disputing
- Set out the reasons why your physician or chiropractor thinks the WCB decision is medically incorrect.
The WCB will review these documents to make sure a bona fide medical question exists. If so, a Medical Review Panel will be convened.
The panel will consist of:
- A Chair selected by the WCB in consultation with the Saskatchewan Medical Association, and
- Your choice from a list provided by WCB of two physicians with medical specialties appropriate to your injury, or one chiropractor
and one physician.
The physician or chiropractor who completed your Enabling Certificate is not eligible to serve on the Medical Review Panel.
The decision of the Medical Review Panel is final and binding on you, your employer and the WCB.
Appeal a Decision