The Appeal

General Hearing/Review Information

  • Hearings and reviews are scheduled as soon as the parties are ready to proceed.
  • A worker or employer's access to file information is subject to certain restrictions contained in the Act. File access generally takes up to six weeks, but can be longer if objections to the release of information are received. Information from a worker's claim file is released by the WCB's File Access Department. They can be reached at (204) 954-4453.
  • Any evidence concerning an appeal must be provided to the Appeal Commission at least 5 business days before the review or hearing.
  • A decision will be made within 60 days of the completion of the hearing or review.

Procedure - Oral Hearing

Who attends the hearing?

  • The party who began the appeal should always attend the hearing. Other parties to the appeal (e.g. the employer at the time of an injury) may also attend the hearing.
  • If a party is represented, the representative should also attend the hearing. Any party may bring a spouse or friend for moral support. Parties may also bring witnesses to the hearing to give evidence in support of their case. You must notify the Appeal Commission before the hearing if you are bringing a witness.
  • The hearing is conducted by a panel of 3 appeal commissioners. There will also be a court reporter present to record the proceedings. A copy of the transcript is placed onto the file. If required, the Appeal Commission can arrange for an interpreter to attend the hearing.
  • The WCB is not normally represented at the hearing.

What to bring to the hearing

The Appeal Commission uses the original WCB claim file. If you have medical reports that are not already on your claim file or any other evidence that is important to your appeal, provide those to us at least 5 business days before the hearing.

What happens at the hearing?

  • All parties meet in the Appeal Commission waiting room prior to the scheduled hearing time.
  • The parties are then brought into the hearing room and seated.
  • The parties are introduced and the chair of the panel makes an opening statement and explains how the hearing will be conducted.
  • The party requesting the appeal makes their full presentation, including the advancement of their arguments and the calling of any witnesses.
  • The other party to the appeal then makes their full presentation.
  • The panel may ask questions of each party.
  • At the discretion of the panel, other parties may ask questions of each other.
  • The parties then make their closing remarks.
  • The panel can only consider issues previously decided by the WCB. If a new issue is raised at the hearing, it will be referred back to the WCB for consideration.

After the hearing

When the hearing is complete, the panel will meet and either decide the appeal or determine that further information is required. If further information is required all parties will be notified and given an opportunity to comment on the new information before the panel decides the appeal.

A decision will be made within sixty (60) days of the completion of the hearing (or the receipt of further information) and written reasons will be mailed to the parties to the appeal.

We also send a copy of the written decision to the WCB. The WCB is responsible for implementing the decision.

Procedure - File Review

How does the appeal proceed?

We will phone you to schedule a date for the review to be held. The deadline for parties to send in evidence and submissions is 5 business days before the review.

The parties to the appeal usually include the worker and the employer. The WCB does not normally participate. All parties may send in evidence and make submissions.

On the day of the review a panel of 3 appeal commissioners will meet and review the appeal. There are no other parties present.

After the review

If the panel decides that additional information is required they will request it. All parties will be notified and given an opportunity to comment on the new information before the panel decides the appeal.

A decision will be made within sixty (60) days of the review (or the receipt of further information) and written reasons be mailed to the parties to the appeal.

We also send a copy of the written decision to the WCB. The WCB is responsible for implementing the decision.