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Word List

A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z

A

AC

Appeal Coordinator

AD

Appeal Division

ADR

Alternative Dispute Resolution

AL

Appeal Liaison

Allow

The WCAT panel disagrees with the determination made on an issue covered by a decision or order under appeal, or grants the remedy requested in an application.

Alternative Dispute Resolution (ADR)

The purpose of ADR is to seek a consensual resolution to a dispute, between or among the parties to an appeal. Representatives from the Board may also be involved in the ADR process. ADR at WCAT is limited to discriminatory action appeals under section 240(1) of the WCA and appeals from classification decisions under section 37(2). It is unlikely that WCAT will utilize ADR to address compensation entitlement issues.

Appeal Coordinator (AC) and Appeal Liaison (AL), WCAT Registry

The Appeal Coordinators and Liaisons are responsible for managing the file building process for appeals. They are the primary liaisons between WCAT and all parties to the appeal. This includes obtaining and exchanging submissions and new evidence from parties.

Appeal Division

The Appeal Division was an appeal tribunal which heard appeals from decisions of the Workers' Compensation Review Board (Review Board) and WorkSafeBC. On March 3, 2003 this tribunal along with the Review Board were replaced by WCAT. This is a link to search Appeal Division Decisions.

Appellant

A party that applies for an appeal. This includes an applicant.

ATA

Administrative Tribunals Act

B

Board of Directors

The governing body of the Board. The Board of directors have the authority to make policy. Applicable Board policy in a particular appeal, is binding on WCAT. This is subject to a referral to the chair of WCAT if the panel considers the policy to be patently unreasonable.

Board officer

A Board case manager (claims adjudicator), entitlement officer, disability awards officer, vocational rehabilitation consultant, special needs officer, or others as designated.

C

Cancel

The WCAT panel disagrees with the determinations made by the prior decision maker in the decision or order under appeal and determines that the decision or order should be set aside without providing a new or changed decision or order.

Chair, WCAT

The head of WCAT appointed under the WCA who is responsible for the general operation of WCAT.

Clarification

A party may apply to the panel, within 90 days after being served with a final WCAT decision, for a clarification of the decision. The panel may amend the decision if it considers that the amendment will clarify its decision. WCAT has no ability to extend the 90 day time limit for applying for a clarification.

Confirm

The WCAT panel agrees with the determinations made by the prior decision maker in the decision or order under appeal, though not necessarily for the same reasons.

Correction

A WCAT panel may, on request by a party or on the panel's own initiative, amend a final WCAT decision to correct a clerical or typographical error, an accidental or inadvertent error, omission, or other similar mistake, and an arithmetical error made in a computation. Panels must issue amendments within 90 days of all parties being served with the final decision, unless the panel determines otherwise.

Costs

Section 6 of the Workers Compensation Act Appeal Regulation (Appeal Regulation) gives WCAT the authority to order one party to pay the costs of another party. Here is a link to the Appeal Regulation.

D

Decision

The written outcome of an appeal or application. WCAT decisions are of two types. "Merit" decisions involve the weighing of evidence and argument, and provide a final outcome. "Procedural" or "summary" decisions are concerned with the steps or processes in the appeal, including the dismissal of an appeal without a decision on its merits.

Deny

Means the WCAT panel agrees with the determination made on an issue covered by a decision or order under appeal, or denies the remedy requested in an application.

Dismissal

Section 31 of the Administrative Tribunals Act (ATA) gives WCAT the authority to dismiss all or part of an appeal or application. Here is a link to the ATA.

E

EAO

Employers' Advisers Office

Employers' Adviser (EA)

The EA is a staff member of the Ministry of Labour who provides free independent advice, assistance and representation to employers. This is a link to the EAO website.

Employers' Advisers Office (EAO)

The EAO is a branch of the Ministry of Labour which provides free independent advice, assistance, representation and training to employers, potential employers, and employer associations concerning workers' compensation, assessment, and occupational health and safety matters. This is a link to the EAO website.

EOT

Extension of Time Application

Expenses

Section 7 of the Workers Compensation Act Appeal Regulation (Appeal Regulation) gives WCAT the authority to order the Board to reimburse the expenses incurred by a party to an appeal. Here is a link to the Appeal Regulation.

Extension of Time Application

If an appellant has not appealed a Board or Review Division decision to WCAT within the time limits set out in the Workers Compensation Act, they must apply for an extension of time to appeal the decision to WCAT.

F

There are no entries for the letter "F".

G

There are no entries for the letter "G".

H

There are no entries for the letter "H".

I

IHP (Independent Health Professional)

This phrase is used under "Appeal Process/ Suspended" in the explanation.

J

Judicial Review

A party may apply for judicial review of a WCAT decision by the British Columbia Supreme Court within 60 days of the date of the decision. Under certain circumstances, the court may extend the time for applying.

Jurisdiction

WCAT only has the statutory authority to hear appeals from certain types of decisions of the Board and Review Division as set out in sections 239 and 240 of the Workers Compensation Act.

K

There are no entries for the letter "K".

L

There are no entries for the letter "L".

M

Manual of Rules of Practice and Procedure (MRPP)

The MRPP sets out legislation relevant to WCAT's operation, as well as rules of practice and procedure and practice directives established by the chair. Here is a link to the MRPP.

Missed Issue (Incomplete Decision)

Once WCAT issues its decision, it is considered "functus officio" and it has no further authority to address the matter. However, if a panel fails to address an issue which was before it, its decision is not complete and the panel may complete its adjudicative function by issuing an addendum to the original decision.

MRPP

Manual of Rules of Practice and Procedure

N

NOA

Notice of Appeal

NOP

Notice of Participation

Notice of Appeal

A document an appellant may complete to appeal a Board or Review Division decision to WCAT.

Notice of Participation

A respondent to any appeal must complete a notice of participation form in order to indicate to WCAT that they want to participate in the appeal.

O

Ombudsperson

The Ombudsperson of British Columbia has independent authority to conduct impartial investigations on receipt of written complaints from people who believe they have been treated unfairly by agencies operating under provincial legislation, which includes WCAT and WorkSafeBC.

P

Party

A person who may bring or respond to an appeal.

Precedent Panel

The chair may appoint a precedent panel where it is determined that the matters in an appeal are of special interest or significance to the workers' compensation system as a whole. A precedent panel decision is binding on future WCAT panels, unless: (a) the specific circumstances of the matter under appeal are clearly distinguishable from the circumstances in the precedent panel's decision, or (b) subsequent to the panel's decision, a policy of the board of directors relied upon in the precedent panel's decision was repealed, replaced or revised.

Pre-Hearing Conference

WCAT may require the parties to attend or participate in a pre-hearing conference to discuss procedural and substantive issues relating to the conduct of an appeal.

Q

There are no entries for the letter "Q".

R

RD

Review Division of the Workers' Compensation Board, operating as WorkSafeBC

Reconsideration

Any WCAT decision, including a summary decision or a decision on the merits of an appeal, is final and conclusive and is not open to further appeal. WCAT has limited authority to reconsider a previous WCAT decision on the basis of "new" evidence and/or jurisdictional error. Here is link to some general information about reconsideration applications.

Representative

Any individual, including legal counsel or a spouse, authorized in writing to act on behalf of any person in an appeal. Workers' and Employers' Advisers may also represent individuals in an appeal.

Respondent

A respondent is the party who is responding to the appeal brought by the appellant.

S

Stay

Unless WCAT orders otherwise, an appeal to WCAT does not operate as a stay or affect the operation of that decision or order. A party may apply to WCAT for a stay of the decision or order, pending the outcome of their appeal.

Suspension

The WCA authorizes the chair to suspend appeals in four situations, thereby interrupting the statutory time frame for decision making. WCAT appeals may be suspended in order to refer an undetermined matter back to the Board, obtain independent health professional advice, to await a pending Board decision on a related matter, and to refer a policy to the chair which the panel considers is patently unreasonable.

T

Tribunal Counsel Office (TCO), WCAT

TCO is responsible for providing legal support to the chair and vice chairs, continuing education, the Manual of Rules of Practice and Procedure, responding to inquiries under the Freedom of Information and Protection of Privacy Act and from the Ombudsman, applications for reconsideration, complaints, and judicial reviews of WCAT decisions.

U

There are no entries for the letter "U".

V

Vary

The WCAT panel disagrees with the determinations made on one or more issues addressed by the prior decision maker in the decision or order under appeal and provides a changed decision or order.

Vice Chair, WCAT

A decision maker appointed under the WCA to decide appeals or applications to WCAT.

W

WAO

Workers' Advisers Office

WCA

Workers Compensation Act

WCAT

Workers' Compensation Appeal Tribunal

WCRB

Workers' Compensation Review Board

Withdrawal

An appellant may withdraw an appeal by right at any time before the appeal has been assigned to a WCAT panel. After assignment, the panel decides whether to allow a request for withdrawal.

Workers Compensation Act (WCA)

British Columbia (provincial government) legislation that creates the workers' compensation system, including the appellate system. It covers workers' compensation, employer assessment and occupational health and safety matters. WorkSafeBC and WCAT obtain their authority from the provisions of this legislation.

Workers' Compensation Board, operating as WorkSafeBC (Board)

An independent corporation that administers and manages the workers' compensation system based upon the provisions of the WCA. A board of directors is empowered by the WCA to set and revise the policies of the Board and to set and supervise the direction of the Board. This is a link to the Board's website.

Workers' Adviser (WA)

The WA is a staff member of the Ministry of Labour who provides free independent advice, education and representation to workers, their dependents, and other stakeholders. This is a link to the WAO website.

Workers' Advisers Office (WAO)

The WAO is a branch of the Ministry of Labour who provides free independent advice, education, and representation to workers, their dependents, and other stakeholders concerning workers' compensation matters. This is a link to the WAO website.

Workers' Compensation

A no-fault compensation system for workplace injuries and diseases.

Workers' Compensation Appeal Tribunal (WCAT)

WCAT is an independent appeal tribunal created under Part 4 of the WCA to hear appeals from the Review Division and the Board.

WorkSafeBC (Board)

Workers' Compensation Board, operating as WorkSafeBC

WorkSafeBC Fair Practices Office

This Office deals with WorkSafeBC-related complaints of alleged unfairness in the application of compensation law, policy, practice and procedure. The mission of the office is to provide confidential assistance to workers, employers, and other stakeholders. This is a link to the WorkSafeBC Fair Practices Office.

X

There are no entries for the letter "X".

Y

There are no entries for the letter "Y".

Z

There are no entries for the letter "Z".

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
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