Appealing a Workers' Compensation Decision

If you think that the Workers’ Compensation Board, now called WorkSafeBC, made the wrong decision in your case, or if you don’t understand the decision, ask the WorkSafeBC officer handling your claim to explain it. Ask for a decision letter, if you didn’t already get one. If you are still not satisfied with the decision, you may request a review, and if you are not satisfied with the decision on the review, you may file an appeal.

Reviews

First, you have to ask WorkSafeBC’s Review Division to review the decision – within 90 days of the date of WorkSafeBC’s decision letter or, in some cases, within 90 days of the date that WorkSafeBC told you its decision orally or stopped paying you. Because WorkSafeBC routinely communicates some decisions orally, the Review Division will also accept review requests from oral decisions. After you request a review, you will receive a letter setting a time to make written submissions. The Review Division does not normally hold oral hearings.

The Review Division considers the written submissions and WorkSafeBC’s file and gives its decision, usually within 150 days. The WorkSafeBC website, at www.worksafebc.com, has more information on reviews. The phone numbers for the Review Division are 604.214.5411 in the lower mainland and 1.888.922.8804 elsewhere in BC. At the same time, if you feel that WorkSafeBC has treated you unfairly, you can also complain to its Fair Practices Office and the Ombudsperson of BC (www.ombudsman.bc.ca and 1.800.567.3247).

Appeals

If you disagree with the decision of the Review Division, you can usually appeal to the Workers’ Compensation Appeal Tribunal www.wcat.bc.ca). But you cannot appeal decisions of the Review Division on specific issues, such as vocational rehabilitation, commutations, prevention orders (other than penalties), and certain types of disability awards. If you want to appeal, you have to do so within 30 days of the date of the decision by the Review Division. Contact the Tribunal in writing (see address below) or phone 604.664.7800 in the lower mainland and 1.800.663.2782 (toll free) elsewhere in BC.

You can appeal by phone or letter, or you can use the Notice of Appeal form on the Tribunal’s website. If you appeal by phone, you have to follow it up with the form within 21 days. If you use a letter or the form, fax them to 604.664.7898 or mail them to:

WCAT

150 – 4600 Jacombs Road

Richmond, BC V6V 3B1

What the Tribunal does

The Tribunal will send you a letter to confirm that it got your appeal and give you an appeal number. You should always include this appeal number, and your WorkSafeBC file number, in any material you submit. The Tribunal will ask you to make your submissions in writing or tell you the date for your oral hearing. Normally, the Tribunal decides a case within 180 days of when it receives your claim file from WorkSafe BC.

The Tribunal must apply the law and the policies of the WorkSafeBC Board of Directors that apply to your appeal. You should find out what policies apply to your case. You can see previous Tribunal decisions on its website.

Preparing for reviews and appeals

Before you start, see the information guides on the Tribunal’s website, at www.wcat.bc.ca. Click on “Information Guides” for detailed information on appeals. Decide whether you want to handle your own appeal or have someone help you. If you are a union member, discuss your case with the union. They may have a representative who can help you, or they may hire a lawyer for you in a serious case. You may want to hire your own lawyer anyway. Make sure the lawyer has experience in workers’ compensation.

If you don’t get help from a union or lawyer, you should contact the Workers’ Advisers Office of the BC Ministry of Labour and Citizens’ Services. Workers’ Advisers are separate from WorkSafeBC and there’s no charge for their service. They can help workers apply for reviews and appeals, and they have detailed information on their website at www.labour.gov.bc.ca/wab. Their phone numbers are 604.713.0360 in Vancouver and 1.800.663.4261 elsewhere in BC.

If you are an employer, you should contact the Employers’ Advisers. They provide independent advice, assistance, representation and training to employers, potential employers and employer associations concerning workers' compensation issues. There is no charge for their service. They have detailed information on their website at www.labour.gov.bc.ca/eao.

What you need to show

Reviews and appeals are serious. You need to show clearly what’s wrong with the decision. You may need new evidence to support your appeal. You may need more evidence than you had when you first made your claim, such as medical evidence from doctors and specialists. It’s important to get all the evidence you need, as soon as you can.

Check the Information Guides and your WorkSafeBC file

To prepare your case, in addition to looking at the Tribunal’s Information Guides, you should also look at your WorkSafeBC file. You have the right to see it and you should automatically get it when you ask for a review. You will automatically get updated disclosure when you appeal a Review Division decision.

Even if you don’t have an active review or appeal, you can request disclosure of your claim file by sending a written request, using a form on the WorkSafeBC website (www.worksafebc.com), to:

Disclosure Department

WorkSafeBC

PO Box 4700 Stn Terminal

Vancouver BC V6B 1J1

Fax: 604 233-9777 or toll free 1 888 922-8807

All your personal information is usually in your claim file, but sometimes other WorkSafeBC records also have personal information. To see these records, under the Freedom of Information and Protection of Privacy Act, send a written request to:

Freedom of Information and Protection of Privacy Office

WorkSafeBC

PO Box 2310 Stn Terminal

Vancouver, BC V6B 3W5

Phone 1.866.266.9405

Fax 604.279.7401

You can also see most of your claim file information online on the WorkSafeBC website. You will need your claim number and your personal access number.

For more on this, check script 235, called “Freedom of Information and Protection of Privacy”. As well, the Freedom of Information and Protection of Privacy Act is available at www.bclaws.ca.

For more information

• Check script 285, called “Workers’ Compensation”, and the Tribunal’s website at www.wcat.bc.ca, including its Information Guides.
• Check the Workers’ Advisers website, at www.labour.gov.bc.ca/wab or Employers’ Advisers website at www.labour.gov.bc.ca/eao.

[updated January 2014]

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In law, (1) a judge's conclusions after hearing argument and considering the evidence presented at a trial or an application, (2) a judgment, or (3) the judge's reasons. A judge's written or oral decision will include the judge's conclusions about the relief or remedies claimed as well as their findings of fact and conclusions of law. A written decision is called the judge’s "reasons for judgment." See "common law," "conclusions of law" and "findings of fact."

(1) In law, a court proceeding; a lawsuit; an action; a cause of action; a claim. (2) A historic decision of the court; case law. See "action," "case law, " "court proceeding," and "precedent."

(1) The assertion of a legal right to an order or to a thing; (2) the remedy or relief sought by a party to a court proceeding.

In law, the re-examination of a term of an order or agreement, usually to determine whether the term remains fair and appropriate in light of the circumstances prevailing at the time of the review. In family law, particularly the review of an order or agreement provided for the payment of spousal support. See "de novo," "family law agreements," "order" and "spousal support."

An application to a higher court for a review of the correctness of a decision of a lower court. A decision of a judge of the Provincial Court of British Columbia can be appealed to the Supreme Court of British Columbia. A decision of a judge of the Supreme Court can be appealed to the Court of Appeal for British Columbia. See "appellant" and "respondent."

In law, a legal incapacity to do certain things, like enter into a contract or start a court proceeding. Legal disabilities include insanity and being under the age of majority. See "age of majority."

A legal document required under the rules of British Columbia's Supreme Court and Court of Appeal which is used to give notice of a party's intention to appeal a decision. See "appeal" and "decision."

In law, something that is relevant or important. A material fact, for example, is a fact relevant to a claim or a defence to a claim. See "claim," "evidence" and "fact."

In law, any proceeding before a judicial official to determine questions of law and questions of fact, including the hearing of an application and the hearing of a trial. See "decision."

A person licensed to practice law in a particular jurisdiction by that jurisdiction's law society. See "barrister and solicitor."

Under the Family Law Act, a term that describes the time a person who is not a guardian of a child, including a parent who is not a guardian, has with that child. Under the Divorce Act, a term that describes the time a person who is not a married spouse has with a child. See "guardian" and "parental responsibilities."

In law, to formally deliver documents to a person in a manner that complies with the rules of court. Service may be ordinary (mailed or delivered to a litigant's address for service), personal (hand-delivered to a person), or substituted (performed in a way other than the rules normally require). See "address for delivery," "ordinary service," "personal service" and "substituted service."

In contract law, a promise made by someone about a certain state of affairs, like "the plumbing was replaced last year" or "I had a vasectomy two years ago." See "misrepresentation."

Facts, or proof tending to support the existence of facts, presented to a judge at a hearing or trial. Evidence can be given through the oral testimony of witnesses, in writing as business records and other documents, or in the form of physical objects. Evidence must be admissible according to the rules of court and the rules of evidence. See "circumstantial evidence," "hearsay" and "testimony."

A step in a court proceeding in which each party advises the other of the documents in their possession which relate to the issues in the court proceeding and produces copies of any documents the other side requests before trial. This process is regulated by the rules of court, which put each party under an ongoing obligation to continue to advise the other of new documents coming into their possession or control. The purpose of this step is to encourage the settlement of court proceedings and to prevent a party from springing new evidence on the other party at trial.

Under the old Divorce Act, the schedule of a parent's time with their children under an order or agreement, replaced with "parenting time" and "contact" in the new Divorce Act. Access usually referred to the schedule of the parent with the least amount of time with the child. See "contact," "custody" and "parenting time."