After the Appeal
What can I do once I have received a final decision that I do not agree with?
The Appeal Commission cannot clarify or change its decision once a decision has been made. This means that once a decision has been made, the panel is unable to provide any further reasons or explanations for its decision. As well, the panel cannot consider further arguments or submissions by the parties.
Once a decision has been made, there are limited remedies available to the parties under the Act. These remedies are:
Under Section 60.9 of the Act, if a party thinks the panel has acted outside its authority or has erred in applying the Act, Regulations or WCB policy, the party can approach the Board of Directors of the WCB and ask them to review the decision. The party must identify the error made by the panel. Should the Board of Directors consider that an error has been made, they may order that the appeal be re-heard.
Requests under section 60.9 must be made within 90 calendar days of the release of the appeal decision. For more information please contact the WCB.
Under Section 60.10 of the Act, if a party has new evidence which is substantial and material to the decision, they may apply to the Chief Appeal Commissioner and request reconsideration of the decision. The information must not have existed at the time of the original hearing, or been known to the applicant and also could not have been discovered through the exercise of due diligence. If the Chief Appeal Commissioner decides that the evidence meets the reconsideration provisions of the Act, a new hearing on the matter will be ordered. The Chief Appeal Commissioner is unable to consider further arguments about the evidence that was before the original panel.
There is no time limit for requesting reconsideration. There are also no limits on the number of times a person may apply for reconsideration but there must be new evidence which meets the requirements of the Act for reconsideration to be ordered.