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Responding to an Appeal FAQs

  1. Do I have any obligation to involve myself in the appeal?
  2. No. You are not required to participate as a respondent in an appeal.

    Even if you do not choose to participate in an appeal as a respondent, we may ask you to provide relevant evidence to us.

  3. What if I want to raise different issues than the appellant?
  4. WorkSafeBC or Review Division 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. However, you may want us to decide an issue that the appellant has not raised. In that case, you should file your own appeal (cross-appeal) to ensure that we consider your issue. Otherwise, if the appellant later drops (withdraws) their appeal, you will have to apply for an extension of time, running the risk that this might not be granted.

    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.

  5. How long does an appeal take?
  6. You can expect us to decide an appeal within six months from the date that WorkSafeBC gives you disclosure. It is therefore important that you provide your written submission to us promptly when we ask for them and attend any oral hearing on the scheduled date. If we conduct the appeal through written submissions, we will ask you to provide your written submission within 21 days of our request.

    If we grant the appellant more than the usual 21 days to provide a submission (up to an extra 45 days), you may ask for the same amount of extra time without having to give us any reasons for your request. If the appellant does not receive any extra time to provide a submission, we will not grant you any extra time.

    If the appeal is complicated, reaching a decision may take us more than six months.

  7. Do I need someone to represent me?
  8. You may respond to an 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 compensation consultant, a lawyer, an employers' association or a union representative.

    Free help for employers is available from the Employers' Advisers. Free help for workers is available from the Workers' Advisers.

    To protect your privacy, we will not discuss the appeal with anyone but you unless you authorize a representative on the Notice of Participation form that gives us permission to do so.

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