Board Appeal Tribunal for employers

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:

• Use our online appeal form.
• Email your appeal to boardappeal@wcbsask.com.
• Mail your written appeal to the address at the top of the page, attention Board Appeal Tribunal.

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)

• The tribunal reviews your appeal and any submissions received.
• The tribunal may ask for other information.
• The tribunal reviews all information and makes a decision.
• You receive a written copy of the tribunal’s decision. Other parties to the appeal will receive a copy too.

Hearing appeal process

• The tribunal will decide if a meeting will be held. The tribunal may ask to meet you and your worker even if you did not ask for a meeting.
• We will schedule a hearing and contact you with the date and location (hearings can be held either in Regina or Saskatoon).
• An assistant to the tribunal will be at the hearing to take notes. The tribunal will arrange for a court reporter at the hearing if it believes official transcripts are needed.
• We do not pay your travel expenses or the expenses of anyone else appearing on your behalf.
• The tribunal considers information on file, information provided at the hearing and information that may be provided after the hearing. Any information gathered after the hearing will be shared with the person who filed the appeal so they may comment on it.

Information about worker appeals

• You cannot have a copy of the worker’s claim file if the worker requested the appeal.
• You cannot ask for a hearing if the worker did not ask for one. You can, however, send us a written submission concerning the claim. You will receive a copy of the submission.
• The tribunal will decide whether you can attend a hearing that was requested by the worker.
• The tribunal will consider the nature of the appeal and whether you have information that helps the tribunal reach a decision.

Filing an appeal on a worker’s claim

• You can receive a copy of a worker’s injury claim if you are appealing a decision on the claim. You may not receive updates on the claim because of time constraints.
• The worker can also attend if you asked for a hearing for your appeal. Workers do not attend hearings on cost relief because this usually has no impact on their claim.

Appealing a decision about your employer account

• The WCB will give you copies of the information used to make the decision. You can request the information by contacting employer services at employerservices@wcbsask.com. Your appeal may be directed to the assessment committee.

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.

Employer Advisory Centre

The Employer Advisory Centre is an independent and confidential service provided to help employers with:

• Education on disability prevention, return to work, effective claims management and appeals.
• Support and advice to determine whether the employer has a legitimate appealable situation.
• Education on the likelihood of winning an appeal and/or coaching to prepare for an appeal.
• Guiding the employer through the process of drafting and filing a WCB appeal where necessary.
• The Employer Advisory Centre will not provide employers with representation services at an appeals tribunal.

Visit the Employer Advisory Centre website for more information.

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
Email: fairpracticeoffice@wcbsask.com
wcbsask.com/about-wcb/who-we-are/fair-practices-office