Before the Appeal

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Preparing for an Oral Hearing (PDF 216 KB)

Introduction

If you disagree with a decision you received from the WCB, you may appeal that decision to the Appeal Commission. To begin the appeal process, please read the following information and then complete an Application to Appeal.

Who can appeal?

  • a worker
  • a deceased worker’s dependent
  • a deceased worker’s estate
  • an employer wishing to challenge a compensation decision
  • an employer wishing to challenge an assessment decision
  • a third party with a direct interest in a matter
  • a party to an action where an application is made pursuant to subsection 68(4) of the Act

What can I appeal?

Any decision regarding an application for compensation or other benefits and all matters relating to assessments may be appealed. However, the Appeal Commission is only able to consider issues previously decided by the WCB’s Review Office or Assessment Committee. If new issues are raised prior to or at a hearing, they will be referred back to the WCB.

Is there a time limit to appeal?

No. You may appeal a decision at any time. If you intend to obtain further information, medical or otherwise, you should obtain that information before appealing.

What documents do I need to submit?

The Appeal Commission uses your actual WCB claim file so you do not need to submit copies of any information from your claim file. If you will use information that is not on your claim file please ensure we receive it at least 5 business days before your hearing. If someone will be attending with you please let us know before your hearing.

What if I miss time from work to attend the hearing?

If you are a worker and are required to miss work to attend your hearing you will be reimbursed for actual wages lost. The Appeal Commission will verify your wages with your employer.

Will I be paid for any other expenses?

You may be reimbursed for reasonable expenses incurred to attend your hearing if you live in the province of Manitoba. If, for health reasons you are unable to travel alone, you may also be reimbursed the expenses of a companion. Please contact the Appeal Commission for further information about eligible expenses. You are responsible for all fees charged by your personal representative for your appeal and any expenses incurred by witnesses you bring with you.

When will I get a decision?

A decision and the reasons for it will be made within 60 days after the completion of the hearing. All parties will receive a copy of the decision. If additional information is required, all parties will be provided with a copy of the information and given a reasonable period to make any comment.

Where can I get help?

If you are a worker, there are individuals and agencies that may help you make your appeal, e.g.:

  1. Your Union Representative
    Your union representative may have experience in dealing with the appeal process and may be able to answer any questions you may have or possibly represent you at an appeal hearing.
  2. Worker Advisor Office
    The Worker Advisor Office is a branch of the Manitoba Department of Labour and is independent of the WCB. Worker advisors are knowledgeable about the compensation system and can help you with the appeal process. The services of a worker advisor are available free of charge. More information on worker advisors is available by contacting the Worker Advisor Office in your area.


    Winnipeg and the surrounding area
    406-401 York Avenue
    Winnipeg, Manitoba
    R3C 0P8
    (204) 945-5787 or 1-800-282-8069 (toll free)

    Brandon and the surrounding area
    Room 328 340 - 9th Street
    Brandon, Manitoba
    R7A 6C2
    (204) 726-6480

If you are an employer, you may represent yourself in an appeal. You may also choose to be represented by a lawyer or any other person.