Direct Appeals FAQs

1. What is a reopening on application?

For a reopening decision to be on application, the worker must request a reopening, refer specifically to section 96(2) of the Workers Compensation Act or must use language substantially similar to that section and refer to one of the criteria listed there. A worker's general request for benefits is not an application for reopening. The criteria for finding a reopening decision was made on application are narrow (see WCAT-2003-04322).

2. Do I need to have all my information and evidence before starting an appeal?

No. You do not need all your information and evidence before you appeal. We will later give you the opportunity to strengthen your appeal by providing more information and evidence, either through written or verbal submissions.

3. Can I telephone WCAT to start my appeal?

No. Although you can telephone us and let us know that you intend to appeal, you can only start your appeal in writing. We will send you a Notice of Appeal form. In order to keep your appeal active, you need to ensure that we receive your completed form within 21 days. You will find more information in our Direct Appeal Guide for Workers.

4. Who can participate in an appeal?

The worker along with the worker's representative or adviser, and the employer, along with the employer's representative or adviser can participate in an appeal to WCAT.

The employers in British Columbia pay for the workers' compensation system. The employer has the right to participate in a worker's appeal because the amount they pay to WorkSafeBC may be directly affected by our decision.

5. What if the worker and the employer disagree with the same decision but on different issues?

WorkSafeBC decisions often contain many issues. We usually make our decision only on the issues raised by the appellant in the Notice of Appeal and the written or oral submissions. You should file you own appeal (cross-appeal) to ensure that we consider your issue. If the other party later drops (withdraws) their appeal, and you have not filed your own appeal, you will have to apply for an extension of time, running the risk that this might not be granted.

6. What happens after I send you my appeal form or letter?

You will receive a letter from us confirming that we have received your appeal and giving you an appeal number. We may also ask you for more information if your appeal form or letter does not seem complete. In order to keep your appeal active, you need to ensure that you give us all the information we request within 21 days. If you are a worker, you will find more information in our Direct Appeal Guide for Workers. If you are an employer, you will find more information in our Direct Appeal Guide for Employers.

7. Can I fax my appeal form or letter to WCAT?

Yes. Please keep a copy of everything you send to us as well as the fax confirmation sheet.

8. What if I appeal too late?

If your appeal is late, you may be able to get an extension. We'll ask you if special circumstances prevented you from appealing within the time limit. You can read more about acceptable reasons for extensions in items 8.2 and following in our Manual of Rules of Practice and Procedure.

If you require an extension, please explain your reasons for appealing late on the Extension of Time to Appeal Application form or in your letter of appeal. If you don't give us an explanation, we will mail you an Extension of Time to Appeal Application form to fill out and return. In order to keep your appeal active, you need to ensure that you fill out and return the form to us within 21 days.

9. Do I need someone to represent me?

You may appeal on your own of course, but you might also want to ask for assistance from someone familiar with the workers' compensation system, such as a union representative, compensation consultant, or a lawyer.

You can get free help with your appeal from a workers' or employers' adviser.

To protect your privacy, we will not discuss your appeal with anyone but you unless you authorize a representative on the Notice of Appeal form. You can also file an Authorization of Representative form that gives us permission to do so.

10. What is a stay, why would I want one, and how do I get one?

A stay is when we order a delay in the implementation of a WorkSafeBC decision (section 244 of the Workers Compensation Act). Appealing a WorkSafeBC decision does not automatically delay its implementation. A stay is an extraordinary remedy.

And employer might ask us for a stay of a decision that requires their firm to reimburse a worker's lost wages. If we approve a stay, they would not have to reimburse the worker while we are considering their appeal. You will find more information in our Direct Appeal Guide for Employers. You can apply for a stay on the Stay Application form.