Employer Assessment Appeals
Guidelines for Appealing Assessment Decisions
Who can appeal an assessment decision?
If you are an employer, the Workers' Compensation Act gives you the right to appeal any assessment decision to the Workers' Compensation, Health and Safety Board (the board).
What is the time limit to file my appeal?
You must appeal within 180 days of the assessment decision.
How do I appeal an assessment decision?
You must appeal in writing to the board. A reasonable substitute is acceptable if you cannot read or write. You can obtain a Notice of Appeal of an Assessment decision form from the board. Please complete the entire form and attach the information requested to avoid delaying the process.
Mail or deliver the form to:
Appeals Assistant
Workers' Compensation, Health and Safety Board
401 Strickland Street
Whitehorse, Yukon Y1A 5N8
Can someone else represent me?
Yes. If you prefer not to represent yourself, you can ask a relative, a friend or a lawyer to represent you and complete an Authorization for Representation Form, which can be found on this website in our Forms section, Appeals.
Will the board pay my legal costs?
No. Your legal costs are your responsibility. However, the board provides an independent lawyer to assist and facilitate the hearing.
Do I have access to my file?
Yes. Upon written request, you or your representative can examine the information on your file.
Is there a charge for copies of the information on file?
You or your representative receive the first copy of the assessment file at no charge. Additional copies cost $50 plus $0.25 per page.
Where can I find the Workers' Compensation Act and Board policies?
Copies of the Act are available at the board office. Your first copy is free. You can also obtain a copy at the Yukon Territorial Government building in Whitehorse for $5.
You can review the Act, Board policies and useful information on the board's website or at the Board office.
What do I do with new evidence?
If you have new, relevant information, you can ask the Financial Services branch to reconsider their decision in light of the new evidence, or you can present it directly to the Appeal Panel.
If you intend to present new evidence at the hearing, you must submit it to the board at least 14 days before the hearing to give other parties a chance to prepare. Otherwise, the hearing may be postponed or adjourned.
Who hears my appeal?
An Appeal Panel of the Board will hear and decide your appeal. The panel is made up of three members of the Board, one of whom will be an employers' representative and another who will be a workers' representative. The chair or the alternate chair of the Board presides over the panel.
The Appeal Panel can reverse, vary or confirm the assessment decision. Each case is decided on its own merit. Decisions of the Appeal Panel are final. You may not appeal any further, but you can request a review if you believe the panel misinterpreted legislation or policy.
What are the types of appeal hearings?
You may choose between a documentary review or an oral hearing.
What happens at a documentary review?
You do not have to attend the hearing. The board gives you a deadline for making a written submission. The Appeal Panel reviews the information on file, the written evidence and the submissions, and makes a decision based on this information. The panel sends you its decision in writing.
What happens at an oral hearing?
The Presiding Officer explains the procedure and opens the hearing. The people in attendance are introduced and the assessment issue under appeal is confirmed. You or your representative make a presentation and submit evidence. The Appeal Panel questions you or your representative and your witnesses. All questions are related to the issue under appeal.
The Appeal Panel bases its decision on the oral information presented, on the assessment file and on written submissions. You will receive the decision in writing.
Who attends an oral hearing?
You or your representative may attend. Other people assisting you may attend. Observers may attend with your permission. An independent lawyer attends to facilitate the hearing. The media may not attend.
Note: If you need a language interpreter at an oral hearing, tell the board when you apply for an appeal. You must provide 30 days notice before the hearing.
Where are oral hearings held?
Most hearings are held in Whitehorse at the board office (401 Strickland Street).
Where can I get more information?
For more information, contact the board at 401 Strickland Street in Whitehorse (Y1A 5N8). The telephone numbers are (867) 667-5645 and 1-800-661-0443 (toll-free).
Yukon Workers' Compensation Health and Safety Board
