New Evidence at Reviews and Appeals
December 31, 2013 - June 30, 2022
The Workers’ Compensation Act S.Y. 2008 (the "Act") allows a worker, a dependent of a deceased worker or an employer to request a review of a decision concerning a claim for compensation to a hearing officer, and, if still unsatisfied with the decision to appeal it to the Workers’ Compensation Appeal Tribunal (Tribunal).
This policy addresses the process for dealing with new evidence within the review and appeal process from the date a review or appeal is filed. Examples are given in this policy to provide a clear understanding as to when new information is or is not considered new evidence. When new evidence is presented during a review or appeal process, the evidence will be referred back to the previous decision-maker for reconsideration.