Reviews and Appeals

September 3, 2001 - August 29, 2005

GC-05

General Information

1. The Workers' Compensation Act gives the following individuals the right to request a review by a Hearing Officer of a decision made concerning a claim for compensation:
• a worker;
• a worker's representative;
• a dependant of a deceased worker; and
• a worker's employer.

2. A Hearing Officer appointed by the President conducts the review. The parties have the right to appeal that decision to the Appeal Tribunal, which is an appeal body independent of the Board.

3. Where compensation has been suspended or reduced for reasons outlined in section 7(1) of the Act, the worker may bypass the Hearing Officer and appeal the decision directly to the Appeal Tribunal.

4. The Workers' Compensation Act gives employers the right to appeal decisions relating to assessments to an Appeal Panel composed of members of the Board.

5. Under the Occupational Health and Safety Act, workers, employers or trade unions representing workers may appeal the following occupational health and safety matters to an Appeal Panel of the Board:
• decisions;
• orders;
• refusals to give orders; and
• administrative penalties.

6. Parties may also apply to an Appeal Panel to determine if a right of action is removed as per section 41(5) of the Workers' Compensation Act.