Step 1 – General Information

Who can appeal?

  • a worker
  • a deceased worker’s dependant
  • a deceased worker’s estate
  • an employer wishing to challenge
  • a compensation decision
  • an employer wishing to challenge
  • a decision about classification, assessments, and other issues.

What can be appealed?

Any decision of the Commission’s Review Committee can be appealed. The Tribunal cannot hear an appeal until the Review Committee has made a decision.

Is there a time limit to file an appeal?

Yes. As of April 1, 2008 the law changed and now an appeal must be made within 3 years after a Review Committee decision is made.

How do I appeal?

To start an appeal, you must tell us what it is you are appealing. There is a form called a Notice of Appeal that will help. Fill out the Notice of Appeal and mail or fax it to the Tribunal together with a copy of the Review Committee’s decision you are appealing. More information about filing an appeal is available in Step 2 – Filing an Appeal.

Step 2 – Filing an Appeal

Here is a Guide for Filing an Appeal. This PDF formatted guide provides step-by-step instructions for filing an Appeal. An Appeal is started by completing a Notice of Appeal form. You can fill-out this form on-line then print it off to send to the Tribunal.

Step 3 – Before the Hearing

When an appeal is filed with the Appeals Tribunal, you will be notified. The Tribunal will then request a copy of the claim file from the Worker’s Safety and Compensation Commission. The Tribunal will prepare an Appeal Package made up of all the information from the claim file about the appeal and any other information provided from you.

The other parties to the appeal such as the Commission and the employer are informed of the appeal and are asked if they will take part in the appeal.

The appeal package will be sent to you with a Certificate of Readiness to Proceed form. This form must be returned to the Tribunal telling us that you are ready to have a hearing. When it is received, a hearing date will be set and the parties are informed. The process is explained in the Before a Hearing Guide.

Step 4 – The Hearing

When the Tribunal informs of a hearing date, you will also receive a Guide to Hearing and Decision. This guide will explain the hearing process.

Hearings can be written (the decision is based only on the documents) or in-person. An in-person hearing can mean that the parties appear before the Tribunal at the location scheduled for the hearing or it may mean the parties attend by way of telephone conference call or video conferencing.

Decisions are made within 90 days of receiving all the evidence and are mailed to the parties.