Respond to an invitation to participate in an appeal
The Workers’ Compensation Appeal Tribunal (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.
Complete a form to participate. Fill out the online form, or print a copy and mail or fax it. Your letter from WCAT will tell you which form to complete.
If you choose to participate…
You will receive:
- A copy of all the information in the WorkSafeBC file related to the appeal
- A copy of documents or evidence that WCAT has received about the appeal
Review the entire WorkSafeBC claim file to find out what evidence and policies were used to make the decision being appealed.
Respondents don’t have to participate in an appeal. If you choose not to participate, you may be asked to provide evidence relevant to the appeal. You won’t receive any evidence received at or after the hearing, but you will receive a copy of the final decision once it’s available.
To appeal different issues from the same WorkSafeBC decision, start your own appeal – even if another party has already started an appeal about another matter in the same decision. This will make sure that your issue gets heard, even if the appellant withdraws their appeal.
Present your side of the appeal
Start gathering evidence and legal information right away. Find information that will help you prove each point you want to make. Find out how to prepare your case. You might also consider asking for help with this step.
How you participate will depend on whether the appeal will be considered by written submission or at an oral hearing.
Once you receive a copy of the appellant’s submission and any new evidence, it’s your turn to respond by providing your written submission. This is your opportunity to explain, in writing, your position regarding the appeal (i.e. why the appellant should not win, or why you support the appellant). Submit this information to WCAT along with any supporting documents or evidence. The appellant will receive a copy of your submission and be given the opportunity to respond.
Generally, you will receive 21 days to make your submission. If the appellant received more time to make a submission, you can also ask for more time.
If you don’t have new information to share, your Notice of Participation form can be your entire submission. If this is the case, contact WCAT to let them know you won’t be sending anything else.
Add a representative
Authorize a representative to participate on your behalf or offer advice and help you explain your side of the case.