Author: Young, T. (2023). WorkSafeBC: Adjudication Decisions and How to Appeal Them. Retrieved from: https://advocacybc.blogspot.com/2023/01/worksafebc-adjudication-decisions-and.html.
Overview of this article
■ Workers Compensation Act link
■ Workers Compensation Appeal Tribunal (WCAT)
WorkSafe's Mandate
Our organization was established by provincial legislation as an agency with the mandate to oversee a no-fault insurance system for the workplace.
We partner with employers and workers in B.C. to do the following:
- Promote the prevention of workplace injury, illness, and disease
- Rehabilitate those who are injured, and provide timely return to work
- Provide fair compensation to replace workers' loss of wages while recovering from injuries
- Ensure sound financial management for a viable workers' compensation system
Source: WorkSafeBC. Our mandate, vision, mission, goals & values. Retrieved from: https://www.worksafebc.com/en/about-us/who-we-are/mission-vision-values
Workers Compensation Act
Source: https://www.bclaws.gov.bc.ca/civix/document/id/complete/statreg/19001_00
Administrative Law and WorkSafeBC Decisions
WorkSafeBC aka the Workers Compensation Board, or "the Board" (or "Compo") is what is called, an administrative tribunal.
What is Administrative Law?
In BC, there are a number of agencies, government departments and boards that have rules and make decisions that affect our daily lives. These organizations have formal complaint processes and they hold tribunal hearings where legal judgments are made.
How Tribunals Are Involved
If you disagree with a decision that a particular government agency has made that affects you, a special board (an administrative tribunal) will hear your complaint and make a decision about your case.
Source: AdminLawBC. What is Administrative Law? Retrieved from: https://www.adminlawbc.ca/what-is-admin-law
Appealing WorkSafeBC Decisions
First level decisions
If you received a decision you don't agree with from an Entitlement Officer (EO), Case Manager (CM), Appeal Manager, or LTD Manager you can file a Request for a Review with the Review Division (RD) of WorkSafeBC.
See here: https://www.worksafebc.com/en/contact-us/departments-and-services/review
Timeframe to Request a Review: 90 days from the date of the decision for Compensation decisions (income replacement and health care benefits)
WorkSafeBC Review Division - Where First Level Decisions Are Appealed
Review division: Practices and procedures - Bill 23 updates
See here: https://www.worksafebc.com/en/resources/review-appeal/guide/review-division-practices-and-procedures-bill-23
Workers Compensation Appeal Tribunal (WCAT)
If you received a decision you don't agree with from the Review Division, you file a request for an Appeal with the Workers Compensation Appeal Tribunal (WCAT).
See here: https://www.wcat.bc.ca/home/appeal-a-decision/
Timeframe to file a WCAT Appeal: 30 days from the date of the decision
WCAT Manual of Rules of Practice and Procedure (MRPP)
See here: https://www.wcat.bc.ca/home/resources/mrpp/
Copyright © 2023. Tracey Young/Advocacy BC. All Rights Reserved.
__________________________________________________
#BC #bcpoli #WCB #WSBC #WorkSafeBC #ReviewDivision #WCAT #bcemploymentlaw #administrativelaw #conlaw
