Reconsideration of Appeal Commission Decisions

History

The Workers Compensation Act (the Act) establishes the Appeal Commission as the final level of decision making in the workers compensation system. According to the Act, Appeal Commission decisions are final and binding on all parties. As a result, there are only limited remedies available once an appeal panel has heard and decided an issue.

Under Section 60.10 of the Act, reconsideration of an appeal panel decision may be ordered by the Chief Appeal Commissioner when new evidence, which is determined to be substantial and material to the previous decision, has arisen or been discovered by a party after an appeal panel has rendered its decision.

In other words, Section 60.10 gives the Chief Appeal Commissioner the discretionary power to order a new hearing to reconsider a panel's previous decision, when, in his/her opinion, the new evidence meets the requirements of this section.

Procedure for Requests Under Section 60.10

A party must apply to the Chief Appeal Commissioner, in writing, submitting the new evidence which they believe is material and substantial to the previous decision. As well, the party must identify which decision they want reconsidered.

The application should be made to:

The Chief Appeal Commissioner
Workers Compensation Appeal Commission
600 - 330 St. Mary Avenue
Winnipeg, MB
R3C 3Z5

Please note: Section 60.10 of the Act does not allow the Chief Appeal Commissioner to consider further arguments based on evidence that was available to the previous panel.

Section 60.10 does not allow the Chief Appeal Commissioner to consider other matters such as the merits of the case, the weight of evidence or whether the panel properly applied WCB policies, regulations or the Act. Section 60.10 is not a further level of appeal.

Decisions Under Section 60.10

The Chief Appeal Commissioner, after receiving a request for reconsideration, will review the new evidence submitted and determine whether:

  • the evidence is substantial and material to the panel's previous decision
  • the evidence was available at the time of the original hearing
  • the evidence could have been obtained at the time of the original hearing through due diligence

Should the Chief Appeal Commissioner determine that the new evidence is substantial and material to the panel's previous decision, the Chief Appeal Commissioner will direct that the Appeal Commission reconsider its previous decision, and a rehearing of the matter will be ordered. A direction that a new hearing be held is not a finding that the old decision is wrong. Please note that the old decision remains in effect until the appeal is reheard and a new decision is made.

In all cases, a party applying for reconsideration will receive a written decision from the Chief Appeal Commissioner.

More Information

If you require more information on the 60.10 process, please contact:

Workers Compensation Appeal Commission
600 - 330 St. Mary Avenue
Winnipeg, MB
R3C 3Z5
Telephone: (204) 925-6110
Toll Free: 1-800-362-3340
Fax: (204) 943-4393