How do I appeal a ruling?
If a claimant or employer does not agree with a decision that the WCB
has made, they may file an appeal of that decision. The Worker's
Compensation Board has a two-level appeal process:
1st level - Review Committee
The first level of appeal is the Review Committee, with the authority to hear any matter relating to claims for compensation, employer issues and assessment. Subsection 24.(1) of the Workers' Compensation Act gives the Review Committee the authority to hear claims matters; subsection 64.(1) provides authority to hear assessment matters.
The Review Committee is an internal appeal body within the Workers' Compensation Board, comprised of two Co-Chairpersons who hear the reviews. The Committee also has two Registrars who are responsible for all administrative functions.
The Review Committee normally conducts documentary reviews. Oral hearings will be held if the employer, worker or dependant concerned in the review requests it in writing.
Following a review of the issue(s) and all relevant information presented and on file, the Review Committee may uphold, reverse or vary the original decision.
There is no time limit to file an appeal with the Review Committee.
HOW TO REQUEST A REVIEW
A request for review is submitted, in writing, to the Review Committee Registrar and must include:
- a claim number or account number
- date of the letter containing the decision you are appealing
- the issue(s) you disagree with
- the reason(s) for your disagreement
- what you feel the decision should be
- whether you are requesting an oral hearing rather than a documentary review
A request for review should be addressed to:
Review Committee Registrar
Workers' Compensation Board of the
Northwest Territories and Nunavut
P.O. Box 8888
YELLOWKNIFE NT X1A 2R3
THE REVIEW PROCESS
Once a Request for Review is received by the Registrar, an acknowledgment letter is sent confirming the issue(s) for review. Interested parties, such as Employers in the case of a Claimant review, are provided a copy of the Request for Review and acknowledgment letter.
A documentary hearing is held approximately 30 working days from receipt of the Request for Review. A written Decision Paper is completed and mailed within 20 days from the date of the hearing.
Oral hearings may be conducted by telephone conference, videoconference or in person, as determined by the Review Committee. A hearing date will be dependent upon the availability of the person requesting the oral hearing and any other person concerned in the review who indicates they wish to be present. The turnaround time for completion of the review process will be determined by the scheduled date for the oral hearing.
The Review Committee’s decision is provided in writing to all concerned parties.
WHOM TO CALL
For more information about the Review Committee process, please contact:
Review Committee Registrar
Workers' Compensation Board of the
Northwest Territories and Nunavut
P.O. Box 8888
YELLOWKNIFE NT X1A 2R3
Toll Free Ph. 1-800-661-0792
Ph. (867) 920-3888
Fax (867) 873-4596
ACCESS TO CLAIM FILE
A claimant or dependent can request release of claim file information by submitting a request, in writing, to:
Client Services Division
Workers' Compensation Board of the
Northwest Territories and Nunavut
P.O. Box 8888
YELLOWKNIFE NT X1A 2R3
Fax (867) 873-4596
A claimant's representative must have written authorization from the claimant or dependent before disclosure is provided.
Employers are granted access to relevant medical and non-medical information
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2nd level- Appeals Tribunal
The Appeals Tribunal is the second and final level of the appeal. The Appeals Tribunal is an external body composed of eight members appointed by the Minister Responsible for the Workers' Compensation Board including three worker representatives, three employer representatives, and two representatives of the public. Hearings are conducted by a three-person panel via documentary and oral reviews. The Appeals Tribunal only has the authority to hear appeals on decisions reached by the Review Committee relating to claims and revenue issues, and can confirm, vary or reverse these decisions. The Tribunal does have the power to subpoena and call witnesses and hear sworn testimony as in a court of law. There is no time limit to file an appeal with the Appeals Tribunal.
A decision from the Appeals Tribunal cannot be reviewed or questioned by any court of law, however, the Tribunal can be ordered to rehear a case if it is determined the principles of natural justice have not been followed. The Board can also stay a decision or direct the Appeals Tribunal to rehear the appeal if they feel the Panel has failed to comply with the provisions of the Workers' Compensation Acts or Regulations, or has failed to properly apply policies established by the Board. An appellant also has the right to make an application for a rehearing which must be supported by new evidence previously unavailable.
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