Are you dissatisfied with the decision of the Workers Compensation Board regarding your application? Well, you are not alone—many people get similar decisions but this doesn’t mean it is the end of the world. Whether you are a dependent of a deceased worker or an injured worker, you can appeal a WCB decision that denies you what you feel is your entitlement. Many people ask themselves a series of questions after the application is set aside but do not get accurate answers. This article focuses on helping you understand some of the things you’ve been grappling with so you can know how to proceed with your WCB appeals.
Frequently Asked Questions (FAQs)
Is it the end after the WCB decision?
No. once your original application is denied, you have the chance to appeal it so you can get the most favorable outcome. Depending on the reasoning for denial or the reasons for your appeal, you still stand a chance to get the best outcome.
Is there a time limit for ne to appeal a WCB decision?
No. there are no agreed-upon time limits for making an appeal. Therefore, you can appeal the WCB decision immediately, several weeks or months later. However, the longer you take to bring your appeal, the harder it becomes to prove your case. This is because you may not have the kind of evidence you need to counter the reasons upon which the WCB relied when making its determination.
Can my employer make an appeal against my claim?
Yes. Your employer can and may file an appeal against one or several issues arising from your appeal or from the decision by the WCB. The employer may also get a chance to take part in the appeal by making submissions.
Who makes the decisions at the WCB?
In many cases, the case manager or an adjudicator makes the decision on behalf of the WCB. Such officers are assigned to individual cases and will be responsible for listening to your case and making decisions regarding your possible benefits or otherwise. In case you are not in agreement with the decision of the adjudication process, you are free to appeal the decision by presenting your case to the WCB’s Review Office. This is an office that is composed of senior WCB staff and who is formally allowed to listen to appeals emanating from the WCB. The review office has the powers to review, retain or set aside the decisions made by the case manager at the initial stage.
In your appeal, you will need to make an application in writing stating your reasons for disagreement and why you strongly feel you deserve a reversal of the decision. You may provide additional evidence to the review board, but this can result in the case being returned to the case manager for consideration.