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

Medical Evidence FAQs

  1. There is medical evidence on the claim file. Why do I need more?
  2. In some cases, the medical evidence on the claim file may not fully support your position. Therefore, you may want to get new medical evidence. In other cases, evidence already on the claim file consists of reports, but these reports do not specifically say how the injury affects the need for medical treatment or the worker's level of disability. It is often a good idea to ask a doctor to explain, in writing, the specific relationship between the worker's injury and the need for medical treatment or the worker's level of disability.

  3. What questions should I ask the medical expert?
  4. Ask the medical expert to write a letter that:

    • Describes their expert qualifications
    • Explains how they know the worker (if they do) and how familiar they are with the case
    • Gives their opinion on the specific question in issue and an explanation of the basis for their opinion
    • Explains why their opinion differs from other medical opinion(s) on the file
    • Provides any other information or opinions that may be helpful
  5. When do I need to provide my evidence to WCAT?
  6. If the appeal is by the oral hearing method, you need to ensure that we receive any new medical evidence, including experts' opinions, at least 21 days before the oral hearing. This gives us enough time to send it to other participating parties and for the vice chair to review it before the hearing. You should also send in your (or your representative's) letter requesting the opinion and a copy of the expert's bill. The vice chair may accept new medical evidence at or after an oral hearing depending on your reasons for not providing it before the oral hearing.

    If your appeal is by the written submission method, include any new medical evidence and send it in together with your written submission by the deadline we give you.

  7. Do I have to bring a medical expert, like a doctor, to the hearing?
  8. No. WCAT will accept written reports from a medical expert without the need for them to attend the oral hearing. We must receive the expert's opinion, at least 21 days before the oral hearing. We will not require a medical expert to attend an oral hearing unless the vice chair believes this is necessary to fairly decide the appeal.

  9. Can WCAT obtain more medical evidence?
  10. We have the right to collect more medical evidence. This could include medical records, or a medical opinion from one of the worker's doctors, or an independent health professional or, on rare occasions, a doctor employed by WorkSafeBC. The independent health professional may ask the worker to attend for an examination. For more information on the independent health professional process, .

  11. What appeal expenses will WCAT order WorkSafeBC to pay?
  12. We may order WorkSafeBC to repay you for your expenses related to an appeal, such as expenses for obtaining a letter from your doctor or specialist. If you have such expenses, ask us to order WorkSafeBC to repay you in your written submission or at the oral hearing, and give us a copy of your written request for the opinion and a copy of the doctor's bill.

    Even if you are not successful in the appeal, we will generally order WorkSafeBC to repay you for your expenses for obtaining a medical report or opinion if the evidence was useful or helpful in deciding the appeal, or it was reasonable for you to have obtained the evidence for the appeal.

    We put limits on the amount of reimbursement which you will find . If your bill is higher, and you want to be repaid for all your expenses, please explain the reason why you think we should order payment of the full amount.

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