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How to Start an Appeal
The Workers Compensation Appeal Tribunal is the SECOND level of appeal for workers and employers who do not agree with a decision of the Workers Compensation Board. The Tribunal has jurisdiction to deal only with issues previously dealt with by WCB’s Internal Reconsideration Officer (IRO), which is considered the first level of appeal.
An appeal shall be commenced by filing five (5) copies of a Notice of Appeal within 30 days of the decision by Workers Compensation Board.
The Notice of Appeal must provide the following information:
- the appellant’s name, address, telephone number, and claim number;
- the date of the IRO decision be appealed;
- the grounds of your appeal (why you feel the IRO decision is incorrect);
- relief sought; and
- the employer on the date of the injury.
Upon receipt of your Notice of Appeal, the Workers Compensation Appeal Tribunal Coordinator will acknowledge receipt of your appeal and provide you an additional 30 days to file five (5) copies of any materials and submissions, arguments or reasons upon which the appellant intends to rely at the hearing. This information will be shared with all parties - Solicitor for WCB, employer, and panel members (when the hearing is scheduled).
The Tribunal cannot hear any evidence not already considered by the IRO as part of their decision making process. The Tribunal itself does not make the determination on whether or not material is new; that is determined by the Board. Therefore, anything not included in the Board’s Appeal Record must be returned to the Board for a determination.
Assistance in preparing for your appeal is available at no charge from the Worker Advisor or Employer Advisor.
This information has been taken from website "Labour"