Yukon Workers' Compensation Health and Safety Board

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How many levels of appeal are available?

Well, that depends on what you are appealing.

Is it a claim decision? Or an Occupational Health and Safety or assessment matter? 

Each carries a different appeal process.

For claims there are two levels of appeal. For OHS and assessments, one.

Claims

If you aren’t happy with your claim decision, you may request a review.

In most cases, reviews are handled by a hearing officer.

This is the first level.

The President of the board appoints the hearing officers.

A hearing officer will review all the evidence and may reverse, vary or confirm the original decision.

If you don’t like the hearing officer’s decision, you may go to the Yukon Workers' Compensation Appeal Tribunal.

A tribunal committee is the second and final level of appeal available to you.
The committee is made up of three members -- a representative of workers, a representative of employers and the chair or alternate chair of the tribunal.

It may reverse, vary or confirm the decision of the hearing officer.

Each case is determined on its merits. The decision of the tribunal is final.
However, if you believe the tribunal misinterpreted the law or policy, you may request a review.

And, of course, if you turn up new, relevant information  you may submit it to prompt a new decision.

Assessments

With assessment disputes, your appeal goes directly to the Board of Directors.

You can appeal any written decision on their assessment account that pertains to:

classification;
rate of assessment;
audit results;
collection activities;
non-payment of penalties; or
non-reporting of penalties.

Before appealing, please contact the staff member who made the decision or the Director of Assessments to ask why the decision was made. This is often the simplest way to resolve any misunderstandings or communications problems that led to the dispute.

Talking may eliminate the formal review or appeal.

If not, you have 180 calendar days from the assessment decision to appeal to the Board of Directors.

The board will convene an Appeal Panel.

After reviewing the evidence, it will make a decision. That decision is final and conclusive and not open to question or review in any court.

However, if you believe the panel erred in law, you may able to seek a judicial review. A lawyer shoudl be able to help you with this.
 

Occupational Health and Safety

Your appeal must be in writing.

You must deliver it to the director of Occupational Health and Safety within 21 days of the date of the decision you disagree with.

The director will immediately forward it to the board.

The board can stay a decision until the appeal is heard, but it might not. It is not obligated to do so.

A board inquiry into the dispute will begin within 21 days of receiving your appeal.

Once the inquiry is over, the board will decide the issue. That decision is final and binding.

If you have an appeal, please send it to the director of Occupational Health and Safety here:

Fax: (867) 393-6279
Emailworksafe@gov.yk.ca
Address:
401 Strickland Street
Whitehorse, Yukon
Y1A 5N8
(We are open Monday to Friday, from 8 a.m. to 5 p.m.)
 
And if you have questions or concerns, give us a call:
Phone: (867) 667-5645
Toll-free across Canada: (800) 661-0443