Disruption in Postal Services
– A labour disruption at Canada Post may result in slowed or cancelled postal services. If this occurs, please send in your notice of appeal, written submissions, or other appeal related documents to WCAT by fax at 604-664-7898
by the required deadline.
At this time, it is business as usual. However, if a postal disruption occurs:
1. If you do not have access to a fax machine, please call us at 604-664-7800, or toll-free within BC 1-800-663-2782, to arrange an alternate way of delivering your information to us.
2. WCAT will send any appeal documents to you or your representative by fax, if possible. If you do not have access to a fax machine, we will find an alternate way to communicate with you in a timely manner.
3. If you mail something to WCAT or expect to receive mail from us, please call or fax us. You can also find out what is happening with your appeal by clicking on the “Status of an Appeal” button above.
Please check our website regularly for updates regarding our plans in response to a disruption in postal services.
Power of WCAT to Reconsider for Patent Unreasonableness
– The Supreme Court of Canada has issued its decision in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority
(2016 SCC 25). The court denied WCAT’s appeal, with the result that the decision of the BC Court of Appeal in Fraser Health Authority v. Workers’ Compensation Appeal Tribunal
(2014 BCCA 499), reversing the BC Supreme Court decision in Fraser Health Authority v Workers’ Compensation Appeal Tribunal and Katrina Hammer
(2013 BCSC 524), remains valid with respect to the issue of WCAT’s jurisdiction to reconsider its own decisions. The majority of the court allowed the workers’ appeal with respect to the sufficiency of evidence establishing causation in workers’ compensation claims. The court concluded that confirmatory expert evidence is not necessary to establish causation, and the Tribunal may rely on other evidence which, viewed reasonably, is capable of supporting a finding of causative significance. Information regarding reconsideration of WCAT decisions is available in the Post-Decision Information Guide
. The BC Supreme Court decision refers to the WCAT decisions that were the subject of review, and those decisions may be found on WCAT’s website. (Posted 2016/06/24)