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Difference between revisions of "Appeals in Worker's Compensation Claims (7:XII)"
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Appeals in Worker's Compensation Claims (7:XII) (view source)
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WCAT may reconsider a final decision for very limited reasons after its powers were considered by both the BCCA and [https://www.canlii.org/en/ca/scc/doc/2016/2016scc25/2016scc25.html?autocompleteStr=Fraser%20Health%20Authority%20v%20Workers%20Compensation%20Appeal%20Tribunal%2C%202016%20SCC%2025&autocompletePos=1''Fraser Health Authority''], supra. | WCAT may reconsider a final decision for very limited reasons after its powers were considered by both the BCCA and [https://www.canlii.org/en/ca/scc/doc/2016/2016scc25/2016scc25.html?autocompleteStr=Fraser%20Health%20Authority%20v%20Workers%20Compensation%20Appeal%20Tribunal%2C%202016%20SCC%2025&autocompletePos=1''Fraser Health Authority''], supra. | ||
Under the WCA, a WCAT panel may change the outcome of a WCAT decision if there is new evidence. In addition, WCAT may still reconsider a WCAT decision under common law grounds if there is procedural unfairness or a true '''jurisdictional error.''' Note that a “true jurisdictional error” is an argument that should be used with caution, as the SCC has ceased | Under the WCA, a WCAT panel may change the outcome of a WCAT decision if there is new evidence. In addition, WCAT may still reconsider a WCAT decision under common law grounds if there is procedural unfairness or a true '''jurisdictional error.''' However, WCAT '''cannot''' change the outcome of a WCAT decision because it is incorrect, unreasonable, or patently unreasonable. In this respect, the WCAT is final, reviewable only by a court on judicial review (the time limit to apply for JR is 60 days, under the ''Administrative Tribunals Act''). Note that a “true jurisdictional error” is an argument that should be used with caution, as the SCC has ceased | ||
recognizing jurisdictional questions as a separate category of questions separate from any other type of question on | recognizing jurisdictional questions as a separate category of questions separate from any other type of question on | ||
judicial review. See Canada [http://https://www.canlii.org/en/ca/scc/doc/2019/2019scc65/2019scc65.html (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65],paras 65 - 68 On these grounds, WCAT may rehear all or part of the appeal and come to a different conclusion | judicial review. See Canada [http://https://www.canlii.org/en/ca/scc/doc/2019/2019scc65/2019scc65.html (Minister of Citizenship and Immigration) v. Vavilov, 2019 SCC 65],paras 65 - 68 On these grounds, WCAT may rehear all or part of the appeal and come to a different conclusion. | ||
Information regarding reconsideration of WCAT decisions is available on the Post-Decision Information Guide on the WCAT website. There is '''no time limit''' on applying for reconsideration. To apply for reconsideration, a worker may fill out the Application for Reconsideration form and send it to the Tribunal Counsel Office. A worker can also apply for reconsideration by writing a letter to the Tribunal Counsel Office explaining how they meet the grounds for reconsideration. | Information regarding reconsideration of WCAT decisions is available on the Post-Decision Information Guide on the WCAT website. There is '''no time limit''' on applying for reconsideration. To apply for reconsideration, a worker may fill out the Application for Reconsideration form and send it to the Tribunal Counsel Office. A worker can also apply for reconsideration by writing a letter to the Tribunal Counsel Office explaining how they meet the grounds for reconsideration. | ||
