Board Appeal Tribunal hearings

What is a hearing?

After you have filed an appeal with the Saskatchewan Workers’ Compensation Board (WCB)’s Board Appeal Tribunal (the tribunal), the tribunal will decide if a hearing will be held.

When the tribunal has determined a date and time for your hearing, an assistant to the board will contact you to provide you with the information you need to join the in person, teleconference or videoconference hearing.

We recommend you prepare information in advance of your hearing if you are representing yourself.

How does the tribunal make a decision?

The tribunal uses an inquiry model to make decisions. This model ensures the tribunal has all the necessary information to make the best decision possible in relation to the appeal issue. In addition to the material in the WCB files and the information you supply, the tribunal may request additional information after the hearing.

The tribunal makes decisions on the merits of each case to be fair and reasonable to all parties. We are bound by The Workers’ Compensation Act, 2013 (the Act) and refer to policies to guide decision-making. Read the Act and policies.

Who will be at the hearing?

• The tribunal (consisting of two to three tribunal members).
• An assistant to the board, who will take notes during the hearing.
• You and any attendees who have been pre-approved. This may include a support person or witness.
• If you would like an attendee to be present, a request must be made 72 hours prior to your hearing. This can be done by contacting the assistant to the board.

Things to consider

• Any documentation the tribunal should have for your hearing must be sent well in advance of your hearing date. Send materials by email to boardappeal@wcbsask.com.
• During your hearing, the tribunal asks that you turn your cellphone ringer to silent.
• Recordings of the proceedings are not allowed.
• A hearing is scheduled for 60 minutes.
• The tribunal will be familiar with your claim and has access to your file and the summary prepared by the assistant to the board.
• The assistant to the board attends the hearing to take notes during the hearing and does not take part in making the decision.

What can I expect during my hearing?

Step 1: Introduction

• The chair will identify each person and their role during the hearing. You will then introduce yourself and anyone who is attending the hearing with you.

Step 2: Review the process

• The chair will explain the process and invite questions, if you have any, on the process they will be following. Once the chair confirms your understanding, the hearing will proceed.

Step 3: Opening statement and presentation

• The chair will ask you for opening statements along with your and/or your representative's presentation. These statements should answer the question of “What brings you here today?” 

Step 4: Tribunal questions

• The tribunal may ask questions to clarify the information you have provided. This step is intended to allow the tribunal to understand the situation and assist in the decision.

Step 5: Closing statement

• This allows you to make any final comments to the tribunal.

How do I prepare for my hearing?

The key to making an effective presentation to the tribunal is to organize your documents and present the information in a logical manner.

When presenting your case:

• Present the information in a clear and simple manner. Stick to the points that relate to the result(s) you are seeking.
• What decision do you disagree with and what result would you like to see happen?
• Present your reasons and evidence as to why you believe the tribunal should accept your appeal.
• Provide specific information to support your case, if needed. Specific information could include, but is not limited to:
  • diagnostics (for example, MRI scan, CT scan, X-ray)
  • witness statements (printed name, dated and contact information)
  • medical reports

What do I need to bring to my hearing?

Please bring any evidence or documents relevant to the appeal issue. Note that the tribunal has already reviewed documents that have been received prior to the hearing.

Ask yourself “Does this evidence help prove the facts of my case?”

For example, if the issue in your case is whether an injury was work-related, stating that you injured your arm while lifting overweight boxes at work is relevant information. Indicating that it was raining that day is not relevant, unless it contributed to the injury.

If you bring any documents to the hearing, please be prepared to provide four copies for all attendees. If you are not able to make copies, please let the assistant to the board know before the hearing starts, so the assistant can make appropriate copies.

Witnesses are not typical in most tribunals. However, if you feel one is necessary, reach out to the assistant to the board for more information on how to proceed.

What happens after my hearing?

The tribunal will review all documents, including what was presented at the hearing, and try to provide a decision within 30 days. This timeline may be extended if the tribunal needs more information.

What if I have more questions?

If you have more questions about representing yourself at a hearing with the tribunal, please contact board services:

Email: boardappeal@wcbsask.com

Toll free phone: 1.800.667.7590

What if I need more help?

You can also ask Injured Worker Appeal Services to give you free and independent advice about your claim and your appeal.

1870 Albert St. Regina, SK S4P 4W1

Email: appealservices@gov.sk.ca

Toll free phone: 1.877.787.2456