The following blog describes the process of appealing a WCB decision in BC. Keep reading till the end to understand the Canadian workers’ compensation system and why you need lawyers in BC who fight WCB cases.
What is WCB Canada?
Workers compensation board is known as WCB in British Columbia. The WCB works to ensure workers’ rights, workplace safety, and other protective measures of workers.
Moreover, it also performs the preliminary review of the aggrieved workers. In case of further questions, the aggrieved party goes to the tribunal for appeal submission.
Note:
The appeal procedure of the WCB decision is the last place to establish a worker’s right. After completing the appeal, no alternative remedies remain according to law and order.
There are three stages of seeking justice. The first stage is the regular trial of the court, the second is the review of the WCB, and the final is the appeal to the tribunal.
How do I appeal a WCB decision in British Columbia?
To start an appeal on the tribunal, you must complete some procedural things first. Let’s see the guidelines in the following part.
Firstly—Send an appeal notice within the deadline
You need to complete a notice of appeal and send it to WCB so that they receive it. But you must submit the appeal application before the deadline.
Well, for the submission of your appeal, the duration will be limited and specific. So, complete the request within that particular time. Otherwise, the judgment of the final review will be bound and unchangeable.
Secondly—Gather your supportive documents
Denial orders only result due to a shortage of proper documents and witnesses. Lack of objectivity in medical evidence is the most common cause of depriving of rightful compensation. Therefore, don’t make any shortage of providing medical and other supportive documents while submitting an appeal.
Before approaching an appeal, gather all the medical documents. Then submit a request to the tribunal. In the tribunal stage, proper documents become the victim’s strongest ally.
Thirdly –Fill-up appeal form
To make a successful appeal, you need fill-up the appeal form accurately. Usually, an appeal comes after a review of a decision.
Generally, you are claiming compensation against the existing rules on an appeal. Therefore, write the reason for being aggrieved by the lower court trial. Moreover, statements require to put on the application what type of remedy you are seeking right now.
In case of the lower court’s partial judgment and review board’s decision, you must add a reclaiming amount clearly on the application.
Finally –Submit the appeal application
In the final step, the formal appeal submission time comes forward. After submitting the appeal application to the tribunal, your work is half done.
According to the appeal process, you might need expert helps to accumulate witness and all other documents. To claim an appropriate remedy, you can appoint a lawyer. That approach will keep you in the safe zone. Consequently, there will be a separate tribunal performance for all appeals procedures.
Judgment procedure of appeal
The tribunal of appeal works separately from the usual court proceedings. As there comes intervention of the administrative body of the workers, the request follows general proceedings of the tribunal.
After receiving the review application, the tribunal will begin hearing in a formal process. Workers and their legal representatives present the documents before the judge to establish the claim.
The judge takes the hearing process seriously, and workers come up to the appellate division with their actual suffering. Regardless of what happened during the judgment and review session, the appointed judge observes the matter from a neutral point of view.
In this regard, a lawyer’s appointment is necessary because the appeal is the last place to hear workers’ discomforts. The tribunal board becomes more active during the appeal session than in the regular courtroom activities.
Also, the judge passes the stay order to keep the previous judgment. Alternatively, in case of changing the last decision, a completely new order comes up.
Conclusion
The WCB appeal is an absolute right of workers in British Columbia that comes as the last hope. Thereby, you need to follow all procedural things to complete the request a decision of WCB.
However, to be on the safe end, take the assistance of a veteran lawyer, especially on an appealing tribunal. And do your best to bring the decision in your favour. Remember, the appeal procedure is always a serious matter.
