Get details on the worker appeal process, what information and forms you need to file an appeal, how to appoint someone to act on your behalf and how to request information.
The WCB is committed to making decisions that are fair, reasonable and correct. We want to make sure you understand all the decisions that affect your injury claim. We know that sometimes you may not agree with a WCB decision made on your claim and we want to help.
It is important that you know your rights when it comes to questioning a decision made on your injury claim. We will make every attempt to resolve disagreements whenever possible.
There are three steps to the appeal process that must be completed in order. A decision must be made at each step before you can move on to the next step.
Before considering an appeal, try the Fair Practices Office. They may be able to help. The FPO receives inquiries and questions about WCB practices in all areas of service delivery. However, it cannot review issues that are under appeal. Please visit the Fair Practices Office page for more information.
If you need some assistance with submitting your decision review request, you can contact the Office of the Workers’ Advocate. The Office of the Workers’ Advocate provides independent advice, assistance, and advocacy services for injured workers and their dependents. These services are free of charge.
If you have questions about or disagree with a decision made on your injury claim, the first step is to discuss the decision with the initial decision-maker or case manager. He or she will be able to explain the decision and answer questions you may have.
If you have new information that could affect your injury claim decision, let the initial decision maker or customer care facilitator know. We are always willing to consider new information. You can also call and ask to speak to a supervisor while your claim is proceeding.
If we are not able to resolve your concerns this way, you may submit an appeal asking for the decision you disagree with to be reviewed. The intent of the appeal process is to provide workers with an easily accessible and independent review process of a decision regarding the worker’s claim for entitlement to WCB benefits and compensation.
If you have been unable to resolve your concerns with the initial decision maker or customer care facilitator and would still like to have the WCB decision on your claim independently reviewed, you can request a review of the decision by an appeals officer.
Once your appeal is registered, the appeals department will send you a letter with the expected wait time for a decision. Read the steps in the appeals department process.
If you have completed step 2 and disagree with the decision of the appeals department, you can appeal to the Board Appeal Tribunal. This is the final level of appeal (unless you have a valid medical question).. Please visit the Board Appeal Tribunal page for more information.
If steps 1, 2 and 3 have all been completed and you still have a valid medical question, you can ask for a review from the Medical Review Panel. Please see the Medical Review Panel page for more information.
You can have someone help you with your appeal and you can ask for information from your claim file. You have to complete forms to do this.
Print these forms off, complete them and mail or fax them to us.
A: A worker can ask for a review of a decision made on their injury claim or an employer can ask for a review of a decision made on their injured worker’s claim at any time. There is no time limit in Saskatchewan. The intent of the appeals process is to provide workers and employers with an easily accessible and independent review process of any decision made by the WCB regarding a worker’s claim for entitlement to WCB benefits and compensation. Any decision made on the claim file that a worker or employer disagrees with can be further reviewed through the appeal process. We encourage you to consider reaching out to the initial WCB decision maker to discuss and better understand the decision you disagree with before you appeal.
A: The first step is to discuss the decision with the original WCB decision maker to better understand the reasons for the decision you disagree with and to ask the original decision maker to review their decision before you appeal.
If that discussion does not change the decision you disagree with and you still wish to appeal, you can ask the appeals department to independently review the disputed decision. Your appeal request must be in writing and addressed to the WCB appeals department. You can submit the appeal request by:
A: Include your name, claim number, the date of the decision in dispute, the name of the original decision-maker, reasons why you disagree with the decision, and how you would like the matter resolved. Provide any additional information that you might have that is relevant to the decision you are appealing or why you disagree.
A: In Saskatchewan, there is no time limit on when you can submit an appeal on a claim decision. If you are considering an appeal of a WCB claim file decision, we encourage you to submit your appeal as soon as you are able and as close in time to the original decision you are disputing. With the passage of time the appeal review becomes more difficult and memories of the event and facts fade.
A: Appeals by the appeals department are conducted on a first-come, first-served basis to be fair to everyone submitting an appeal. When your appeal is registered, you will receive confirmation in writing of the registration and an estimate of the time required to complete your appeal review. You will generally not be contacted once it is assigned to an appeals officer unless the appeals officer needs further information or clarification. Once the appeal is completed, the decision will be sent to you in writing, along with the reasons for the decision, including the applicable WCB policy and legislation used in the appeal decision.
A: The total time to complete an appeal review is very much dependent upon the volume of incoming appeals at the time when you submitted your appeal and the complexity of the claim file. Appeals are conducted on a first-come, first-served basis to be fair to everyone submitting an appeal. The current estimated wait time at the time of registration will be provided in the confirmation letter sent to you once your appeal is registered.
A: The appeals officer reviewing your appeal request has access to all documentation and records on your claim file. The appeals officer will also consider all additional information that you may have provided in your appeal submission.
A: The Workers’ Compensation Act, 2013 (the Act) stipulates that the WCB may reconsider any matter it has dealt with and may rescind, alter or amend any prior decision it has made. The Act requires staff to base every decision on the real merits and justice of each particular case.
The WCB also recognizes that from time to time, workers and employers may desire an independent review made on an injury claim. Appeals officers are bound by WCB policy and have authority to confirm, change, or reverse any prior claim decision.
At all levels of appeal, all information relevant to the issue or decision under dispute is considered and given weight appropriate to its relevance and the ability to verify its accuracy. Facts and issues are determined on the basis of whether they are more likely than not. For example, if an appeals officer is given a particular statement of fact, they must look at all the evidence and determine on that evidence whether that fact is more likely than not to be true. Every appeal considers the merits and justice of each particular circumstance. Where evidence on both sides of an issue is approximately equal, the issue is settled in favour of the worker as directed by the Act.
A: If your appeal is successful, the original decision you disagreed with is rescinded or reversed and appropriate WCB benefits or compensation that ought to have been provided are then given to you.
A: If you disagree with a decision of the appeals department, you have the right to further appeal to the Board Appeal Tribunal as the final level of appeal. The process around this last level of appeal is much the same as the appeals department process.
A: The Board Appeal Tribunal is comprised of two or more members of the board. This is the last and final level of appeal at the WCB. The Board Appeal Tribunal is bound by the Act and has full discretionary authority in all matters delegated to it under the Act. Much like the appeals department, in reviewing a WCB decision, the Board Appeal Tribunal may rescind, alter, or amend a prior decision made on a claim file based on the real merits and justice of each particular case.
A: The FPO receives inquiries and questions about WCB practices in all areas of service delivery. However, it cannot review issues that are under appeal. Please visit the Fair Practices Office page for more information.
A: If a worker needs some assistance with submitting their decision review request or appeal, they can contact the Office of the Workers’ Advocate. The Office of the Workers’ Advocate provides independent advice, assistance and advocacy services for injured workers and their dependents. These services are free of charge.
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