Script 286 gives information only, not legal advice. If you have a legal problem or need legal advice, you should speak to a lawyer. For the name of a lawyer to consult, call Lawyer Referral at 604.687.3221 in the lower mainland or 1.800.663.1919 elsewhere in British Columbia. If you think that the Workers’ Compensation Board, now called WorkSafeBC, makes the wrong decision in your case, or if you don’t understand the decision, ask the WorkSafeBC officer handling your claim to explain it. Ask for a decision letter, if you didn’t already get one. If you are still not satisfied with the decision, you may request a review, and if you are not satisfied with the decision on the review, you may file an appeal. Reviews
First, you have to ask WorkSafeBC’s Review Division to review the decision—within 90 days of the date of the decision letter you get from WorkSafeBC. Because WorkSafeBC routinely communicates some decisions orally, the Review Division will also accept review requests from oral decisions. After you request a review, you will receive a letter setting a time to make written submissions. The Review Division does not normally hold oral hearings. The Review Division considers the written submissions and WorkSafeBC’s file and gives its decision, usually within 150 days. The WorkSafeBC website, at www.worksafebc.com, has more information on reviews. The phone numbers for the Review Division are 604.214.5411 in the lower mainland and 1.888.922.8804 elsewhere in BC. At the same time, if you feel that WorkSafeBC has treated you unfairly, you can also complain to its Complaints Office and the Ombudsman of BC (www.ombud.gov.bc.ca and 1.800.567.3247). Appeals
If you disagree with the decision of the Review Division, you can usually appeal to the Workers’ Compensation Appeal Tribunal (www.wcat.bc.ca). But you cannot appeal decisions of the Review Division on specific issues, such as vocational rehabilitation, commutations, prevention orders (other than penalties), and certain types of pensions. If you want to appeal, you have to do so within 30 days of the date of the decision by the Review Division. Contact the Tribunal in writing (see address below) or phone 604.664.7800 in the lower mainland and 1.800.663.2782 (toll free) elsewhere in BC. You can appeal by phone or letter, or you can use the Notice of Appeal form on the Tribunal’s website. If you appeal by phone, you have to follow it up with the form within 21 days. If you use a letter or the form, fax them to 604.664.7898 or mail them to: WCAT
150 – 4600 Jacombs Road
Richmond, BC V6V 3B1 What the Tribunal does
The Tribunal will send you a letter to confirm that it got your appeal and give you an appeal number. You should always include this appeal number, and your WorkSafeBC file number, in any material you submit. The Tribunal will ask you to make your submissions in writing or tell you the date for your oral hearing. Normally, the Tribunal decides a case within 180 days after disclosure of the claim file is sent. The Tribunal must apply the law and the policies of the WorkSafeBC Board of Directors that apply to your appeal. You should find out what policies apply to your case. You can see Tribunal decisions on its website. Preparing for reviews and appeals
Before you start, see the Appeal Guide on the Tribunal’s website, at www.wcat.bc.ca/appeal-guide for detailed information on appeals. Decide whether you want to handle your own appeal or have someone help you. If you are a union member, discuss your case with the union. They may have a representative who can help you, or they may hire a lawyer for you in a serious case. You may want to hire your own lawyer anyway. Make sure the lawyer has experience in the area. If you don’t get help from a union or lawyer, you should contact the Workers’ Advisers Office of the BC Ministry of Labour and Citizens’ Services. Workers’ Advisers are separate from WorkSafeBC and there’s no charge for their service. They help workers apply for reviews and appeals, and they have detailed information on their website at www.labour.gov.bc.ca/wab. Their phone numbers are 604.713.0360 in Vancouver, 1.800.663.4261 in the lower mainland, and 1.800.661.4066 on Vancouver Island. For numbers in other places, click on “Contacts” on their website. If you are an employer, you should contact the Employers’ Advisers. They provide independent advice, assistance, representation and training to employers, potential employers and employer associations concerning workers' compensation issues. They have detailed information on their website at www.labour.gov.bc.ca/eao. What you need to show
Reviews and appeals are serious. You need to show clearly what’s wrong with the decision. You also need strong evidence to support your appeal. You may need more evidence than you had when you first made your claim, such as medical evidence from doctors and specialists. It’s important to get all the evidence you need, as soon as you can. Check the Appeal Guide and your WorkSafeBC file
To prepare your case, in addition to looking at the Tribunal’s Appeal Guide, you should also look at your WorkSafeBC file. You have the right to see it and you should automatically get it when you ask for a review. You will automatically get updated disclosure when you appeal a Review Division decision. Even if you don’t have an active review or appeal, you can request disclosure of your claim file under the Freedom of Information and Protection of Privacy Act—just to see what’s in it. Send a written request to: Freedom of Information – Protection of Privacy Department
WorkSafeBC
PO Box 2310 Stn Terminal
Vancouver, BC V6B 3W5
Fax 604.279.7401 For more on this, check script 235, called “Freedom of Information and Protection of Privacy”. More information
Check script 285, called “Workers’ Compensation,” and the Tribunal’s website at www.wcat.bc.ca. Check the Tribunal’s Appeal Guide at www.wcat.bc.ca/appeal-guide. Also, check the Workers’ Advisers website, at www.labour.gov.bc.ca/wab or Employers’ Advisers website at www.labour.gov.bc.ca/eao. [updated October 2008]
Dial-A-Law© is a library of legal information that is available: - by phone, as recorded scripts, and
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