As an employer, 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 board members with the WCB who are unbiased and who will rule fairly on appeals from both 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 Queen’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 appeal issues brought forward will be considered by the tribunal.
If you are filing an appeal regarding an injury claim, you may wish to request a copy of the injured worker’s claim file. This will help you form the basis for your appeal. This will also allow the tribunal to include relevant claim file information in the decision you receive. You can request a copy of the file by completing an Employer’s Request for Photocopy of Relevant Records in File(s) (EROI) form.
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). There are three ways to submit an appeal for the tribunal’s review. You can:
Board services staff will inform 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 and that it has been dealt with at the appeals department level or the assessment committee level first. Our staff may also offer advice to help you with your appeal.
If the appeal is about an injury claim, we will advise both 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 the tribunal 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. Learn more about your rights to your worker’s medical information.
There are two types of appeal processes. One process includes a hearing/meeting 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 hearings page.
We will send you the tribunal’s written decision. If you requested and received a copy of the file in the course of the appeal, the medical information used in coming to the decision will be outlined in the decision. If however you did not have a copy of the file, the information provided in the decision would be limited and would not necessarily include medical information.
The FPO receives inquiries and questions about WCB practices in all areas of service delivery. However, it cannot review issues that are under appeal. For more information on the FPO, see the Fair Practices Office page.
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