Document name

Appeals – Board Appeal Tribunal – Publication of Decisions

Document number

PRO 14/2024

Effective date: October 1, 2024

Application: Applies to all appeals submitted to the Board Appeal Tribunal on or after October 1, 2024.

Policy subject: Reconsiderations and appeals

Purpose:

To provide guidelines for the publication of Board Appeal Tribunal decisions.

BACKGROUND

POL 13/2024, Appeals – Board Appeal Tribunal, establishes the Board Appeal Tribunal (Tribunal) as the final step in the appeal process at the Workers’ Compensation Board (WCB).
The Workers’ Compensation Act, 2013 (the Act) states the Tribunal will make its decisions on the real merits and justice of each case and is not bound to follow any legal precedent. In making its decisions, the Tribunal may have regard to its policy directives (Section 23).
Board Services shall publish appeal decisions of the Tribunal with the reasons for the decisions made (Section 23.1).
To ensure the privacy of customers, the WCB complies with the provisions of The Freedom of Information and Protection of Privacy Act (FOIPP).
The WCB complies with The Health Information Protection Act (HIPA) where applicable. Parts II, IV and V of HIPA do not apply to personal health information obtained for the purposes to the WCB Act (Section 4(4)(h) of HIPA).

PROCEDURE

What types of Tribunal decisions will be published on or after October 1, 2024?
1. Only appeal decisions in relation to WCB injury claims or employer accounts will be published.
What types of Tribunal decisions will not be published?
1. Medical Review Panel decisions (Section 59),
2. Annuity decisions (Sections 73 and 74),
3. Determination of a worker’s right to bring action decisions (Section 169), and
4. Order of the Board decisions (Section 170).
Where will Tribunal decisions be published? a. The Tribunal decisions will be published online at Canadian Legal Information Institute | CanLII.
When will Tribunal decisions be published? a. The Tribunal decisions will be published in a timely manner.
What steps will be taken by Board Services to ensure customers are aware that their decision will be published?
1. When an appeal is submitted to the Tribunal via email or regular mail on or after October 1, 2024, Board Services will send a letter to the customer confirming receipt of their appeal and notifying them that the appeal decision will be published.
2. When an appeal is submitted to the Tribunal online on or after October 1, 2024, the customer will receive an online notification that their appeal has been received and that the appeal decision will be published.
What information will be removed from Tribunal decisions to ensure the protection of each customer’s privacy? a. In accordance with the provisions of FOIPP, the following identifying information will be removed from the decision prior to it being posted:
1. The name of the customers (worker, employer, and/or their representative),
2. Any identifying numbers such as claim, firm numbers or provincial health card numbers,
3. The home or business address or home or business telephone number, iv. Information that was obtained on a tax return,
4. Information that describes an individual’s finances, assets, liabilities, etc., and
5. Any other information which may identify an individual (unless, pursuant to section 7(b) of this procedure, the information relates to the reasons for the decision being made).
6. To further protect a customer’s privacy, the following information will also be redacted from the decision prior to it being posted:
  1. The names of any health care providers seen,
  2. The names of any hospitals attended, iii. The names of any clinics attended (i.e., physiotherapy or chiropractor clinic names, etc.), and
  3. The names of any towns, cities, etc.
What information will not be removed from Tribunal decisions? a. The medical diagnosis (unless there is risk of harm or embarrassment to the customer), and b. Any information which relates to the reasons for the decision being made.
When would a Tribunal decision not be published? a. As WCB is legislatively required to publish these decisions, there will be limited reasons for the Tribunal to decide not to publish a decision. b. The Tribunal may decide not to publish a decision if:
1. A member of the public could reasonably identify the specific customer the decision was written about (i.e., the story has previously been made public in the media) or
2. They determine that posting the decision could cause a safety concern to an individual or group.
What happens when a previous Tribunal decision is reconsidered?
1. When a decision has been amended because of a reconsideration, the amended decision will replace the decision that was previously published.
2. When a decision has been rescinded because of a reconsideration, the decision will be removed from publication.
  1. When a decision has multiple appeal issues and only a portion of the decision has been rescinded, only the rescinded portion will be removed from publication.
Can a member of the public use a published decision to raise concerns about another injury claim or employer account?
1. The Tribunal makes decisions on the real merits and justice of each case and is not bound by precedent.
2. A member of the public cannot rely on a published decision to support an unrelated matter on another claim or employer account.
3. Only the parties involved in the appeals process have the right to bring forward an issue related to the published decision.
What process can a customer follow if they are questioning WCB’s compliance with privacy legislation once a decision has been published?
1. If a customer questions WCB’s compliance with privacy legislation they can:
  1. Submit their request in writing to the Tribunal for consideration and
  2. Outline in their submission the reasons why they question WCB’s compliance with privacy legislation.
2. The Tribunal may consult with the WCB Privacy Officer during their review of the customer’s submission and may refer the submission to the Privacy Officer directly.
3. If a customer is not satisfied with the Tribunal’s response to their privacy concern, the customer may contact the WCB Privacy Officer via email: privacyoffice@wcbsask.com.

Policy references

Legislative Authority

The Workers’ Compensation Act, 2013

Sections 9(5), 14, 20, 23, 23.1, 178.1

The Workers’ Compensation General Regulations, 1985

The Freedom of Information and Protection of Privacy Act

Section heading

Document History

(1) October 1, 2024. New procedure considering Bill 138, The Workers’ Compensation (Extending Firefighter Cancer) Amendment Act, 2024 which directs that appeal decisions and reasons for the decision of the Tribunal are to be published by the WCB.