Workers or employers and their representatives (including a dependant of a deceased worker) can appeal a decision made by WorkSafeBC.
A respondent should start their own appeal about a specific issue they’d like to be addressed from a WorkSafeBC decision – even if another party has already started an appeal about another matter in the same decision. This will make sure that their issue gets heard, even if the appellant withdraws their appeal.
This is an overview of the process used to appeal a decision that you disagree with from the WorkSafeBC Review Division.
Start an appeal. If the worker or employer disagrees with the review decision from WorkSafeBC, they can give notice to start an appeal with the Workers’ Compensation Appeal Tribunal (WCAT).
Respond to an invitation to participate. WCAT sends a letter to everyone who may be directly affected by an appeal to let them know the appeal has been started and invite them to participate. WorkSafeBC shares the claim files related to the appeal with WCAT and all parties.
Prepare your case. Once an appeal is started, WCAT invites everyone who may be directly affected by an appeal to participate and lets them know what to do next. During this stage, all parties can review the WorkSafeBC file, do some research and collect evidence to support their side of the appeal.
Present evidence and arguments. WCAT decides how your appeal will proceed – by written submission or oral hearing. For written submissions, parties explain their side of the appeal and provide evidence in writing. For oral hearings, parties attend a meeting to explain their side of the appeal and present evidence that they submitted before the hearing.
Get a final decision. A vice chair or panel at WCAT reviews the appeal and makes a decision. A copy of the decision is sent to all parties and WorkSafeBC. The WCAT decision cannot be appealed.
End or suspend an appeal. Suspending an appeal is also called putting an appeal on hold. Appeals can be suspended by WCAT or appellants can ask to suspend their appeal. Ending an appeal is called withdrawing an appeal – appellants can ask to withdraw an appeal.