Text Size  Decrease text size Reset the text size back to default Increase text size Text Sizer Help
Print

Employer

As an employer, you can appeal most Review Division decisions to us at WCAT. You need to ensure that we receive your appeal within 30 days of the date of the Review Division decision.

Note: We cannot decide any issue or question that was not contained in the WorkSafeBC or Review Division decision. If you want a decision on something new, you must ask WorkSafeBC for it.

Here are three decision categories with some typical examples:

Compensation Decisions  more ...

  • Whether a worker was injured on the job
  • Whether a worker suffers from an occupational disease caused by the job
  • How long a worker is entitled to short-term disability benefits
  • How WorkSafeBC calculated a worker's average earnings or wage rate
  • Most permanent disability awards
  • Whether WorkSafeBC should reopen a worker's claim

Assessment Decisions  more ...

  • Whether you should be relieved of all or part of the costs of a claim under section 39(1)(e) of the WCA because a worker had a pre-existing disease, condition, or disability that enhanced his or her compensable disability
  • Your assessment classification unit
  • The amount of your assessable payroll
  • Whether you have to pay the costs of a claim under section 47(2) of the WCA because you did not send required information to WorkSafeBC or pay an assessment
  • Your claims experience rating under section 42 of the WCA
  • Whether another employer should have to pay the costs of a claim under section 10(8) of the WCA

Occupational Health & Safety (Prevention) Decisions  more ...

  • An order that WorkSafeBC relied upon to impose a penalty for an occupational health and safety violation (see section 196(1) of the WCA)
  • A penalty for an occupational health and safety violation
  • A decision to charge you for claim costs where a worker was injured, died or was disabled by an occupational disease under any of these circumstances:
    • You were grossly negligent
    • You did not adopt reasonable means to prevent injuries, deaths, or occupational diseases
    • You did not comply with WorkSafeBC orders or directions
    (see section 73(1) of the WCA)
  • An order to cancel or suspend one of the following certificates:
    • A certificate of an occupational first aid attendant or instructor
    • A medical certificate of a worker's fitness for a specific type of work
    • A certificate of a blaster or blasting instructor
    (see section 195 of the WCA)

You cannot appeal some Review Division decisions to us. Here are some typical examples of decisions you cannot appeal: more ...

  • A decision regarding vocational rehabilitation assistance
  • A decision about whether or not to refer a decision back to WorkSafeBC
  • A decision not to give more time to bring your review to the Review Division
  • The way a review officer handled an appeal
  • A request to make a lump-sum award (that is, to commute an award) for a permanent disability
  • Your assessment rate group or industry group
  • Other decisions respecting orders under Part 3 of the WCA not relied upon to impose a penalty under section 196(1) of the Act
  • Conditions placed on a certificate of an occupational first-aid attendant or instructor, a worker's fitness for a specific type of work, or a blaster or blasting instructor

You have 30 days to appeal a Review Division decision to us.

You can start your appeal in one of these ways:

  1. Fill out a Notice of Appeal (Compensation) form on-line, or if applicable a Notice of Appeal (Non-Compensation) form. If you are not familiar with our appeal process, this form will help you enter all the required information successfully. Print the completed form, sign it, and send it to us.
  2. Print a blank Notice of Appeal (Compensation) form, or if applicable a Notice of Appeal (Non-Compensation) form, fill it out, sign it, and send it to us. You can also telephone us and 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.
  3. Send a letter telling us why you think the earlier decision is wrong. State the specific results you want from WCAT, such as more compensation. Include your name, address, telephone number, claim number (WorkSafeBC file number), the date of the decision you are appealing, and your signature.

If you have a copy of the Review Division decision available, please include the first page with your Notice of Appeal form or letter.

If you are an employer responding to a worker's appeal, for more information.

If you are NOT appealing a Review Division decision, then for information on direct appeals or for information on legal actions .

Workers' Compensation Appeal Tribunal. 150-4600 Jacombs Road, Richmond BC V6V 3B1 * All rights reserved.
Tel. (604) 664-7800 * Toll Free within BC 1 (800) 663-2782 * Fax (604) 664-7898
Home