Is there a time limit?
Yes. Under subsection 52(1) of the Workers' Compensation Act S.Y. 2008 (the "Act", a worker, dependent of a deceased worker or employer must file a notice of review or appeal within 24 months from the date of the decision. Under subsection 52(2) of the Act, the notice of a review or appeal must be filed by June 30, 2010 for all decisions made before July 1, 2008.
a) For a review or an appeal on or after July 1, 2008, a worker, dependent of a deceased worker or an employer must file, in writing, a notice of request for a review or appeal, within 24 months from the date of a decision.
Example:
An injured worker receives a decision on their claim for compensation on September 20, 2008. The injured worker or employer has until September 20, 2010, to request a review of this decision to a Hearing Officer. Once the Hearing Officer decision is made, the worker or employer has 24 months to appeal that decision to the Tribunal.
b) For a decision prior to July 1, 2008, a worker, dependent of a deceased worker or employer must file, in writing, a notice of a request for review or appeal of a decision, on or before June 30, 2010.
Example
An injured worker receives a decision on their claim for compensation on March 14, 2008. The injured worker or employer must make a written request for a review of this decision to a Hearing Officer by no later than June 30, 2010. Once the Hearing Officer decision is made, the worker or employer has 24 months to appeal that decision to theTribunal.