As a worker, learn how to file an appeal with the tribunal, the different types of appeals and the tribunal appeal process.
You can ask the Board Appeal Tribunal (the tribunal) to review any decision made by the appeals department or the assessment committee. The tribunal is the WCB’s final level of appeal. It is made up of two or more members of the WCB who are unbiased and who will rule fairly on appeals from workers and employers.
The tribunal has full authority in all matters arising from The Workers’ Compensation Act, 2013 (the Act). It has the same powers as the Court of King’s Bench. It can ask witnesses to appear and to give statements under oath. It can ask that evidence be produced at any time in the appeal process. The tribunal is not bound by legal precedent. The tribunal will make decisions on the real merits of each case to be fair and reasonable. The tribunal must base its decisions within the language of the Act.
The tribunal has full authority to review all matters and is not required to uphold prior decisions. All matters will be reviewed and reconsidered when an appeal is submitted.
Filing an appeal
Your appeal must be in writing. You must give your reasons for the appeal and send any supporting documents. You must outline what you expect from the tribunal. Please indicate if you wish to have a hearing (see types of appeals below). You can:
Board services staff will tell you when we have received your appeal. We will look at your appeal to make certain that it is a concern that can be reviewed by the tribunal. Our staff may also offer advice to help you with your appeal.
If the appeal is about an injury claim, we will contact you and your worker. All information relating to a claim may only be used for the purpose of an appeal. Both of you will have an opportunity to provide information that supports a position on the matter under appeal.
With some injury claims, an employer may ask to take part in a worker’s appeal or a worker may ask to take part in an employer’s appeal. The tribunal decides this on a case-by-case basis. If it agrees, any written submissions by one party will be given to the other party. All personal or medical information not related to the claim will be removed before being released to you.
Types of appeals processes
There are two types of appeal processes. One process includes a hearing and the other does not (this is called a paper review). In both cases, the tribunal follows an inquiry model where they can gather additional information if needed. For more information about the hearing process, see the Board Appeal Tribunal hearing on the WCB website.
Non–hearing appeal process (paper review)
Hearing appeal process
Information about worker appeals
Filing an appeal on a worker’s claim
Appealing a decision about your employer account
Decisions by the tribunal
We will send you our written decision. Your letter will be more general if you did not get a copy of the worker’s claim file. The letter will give you the tribunal’s decision, but will avoid unnecessary references to the worker’s personal or medical information. If we did give you a copy of the claim file, your letter will include the personal and medical information used by the tribunal to make its decision.
Fair Practices Office (FPO)
The FPO receives inquiries and questions about the WCB’s practices in all areas of service delivery. However, it cannot review issues that are under appeal. For more information on the FPO, refer to the detailed fact sheet found on our website.
Phone 306.787.8651 or toll free: 1.888.787.8651
Toll free fax: 1.866.787.6751
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