Appeal a claims decision

On this page

  1. When to appeal a claims decision
  2. How to appeal a claims decision
  3. Deadlines
  4. Appeal process and levels of appeal
  5. Access to file
  6. Support and representation with your appeal
  7. Forms required
  8. Rules of procedure

When to appeal a claims decision

As a worker, if you are not satisfied with our decision about your injury claim, you have the right to appeal the decision.

An injured worker’s employer and the dependent of a deceased worker also have the right to appeal.

How to appeal a claims decision

The appeal process begins when we receive your Request for Review by a Hearing Officer form.

Complete the form, attach all the required information and submit it to us. Our Corporate Services Branch reviews appeals.

Deadlines

Claim decision: You have up to 24 months to appeal starting from the date of our decision. For example, if the date of a claim decision is July 31, 2020, you have until July 31, 2022 to submit an appeal.

Hearing officer decision: After the hearing officer reviews your appeal and makes a decision, you have up to 24 months to appeal that decision to the Yukon Worker’s Compensation Appeal Tribunal (WCAT). The appeal must be made in writing. You can find the WCAT Notice of Appeal here.

Appeal process and levels of appeal

The claim appeal process has two levels.

Level one: hearing officer review

A hearing officer reviews all the evidence and will either reverse, vary or confirm the original claim decision.

If you are satisfied with this decision, the appeals process ends. If not, it moves to level two.

You can read the Rules of Procedure for Proceedings Before the Hearing Officer for more detailed information.

Level two: Workers' Compensation Appeal Tribunal

If you are not satisfied with the decision of the hearing officer (level one), you may go to the second, and final, level of appeal, which is the Workers' Compensation Appeal Tribunal (WCAT).

WCAT is independent of Yukon Workers’ Compensation Health and Safety Board and hears final (second) level appeals relating to compensation claim matters.

The tribunal committee is made up of three members: a representative of workers, a representative of employers and the chair (or alternate chair) of the tribunal.

The committee may reverse, vary or confirm the decision of the hearing officer. Their decision is final. 

You can read WCAT's rules for more detailed information.

You can also get assistance from the Worker’s Advocate.

Access to file

Your claim file contains a lot of information about you that informs decisions about your claim—from determining entitlement and benefits to assessing medical conditions, treatment, fitness for employment and rehabilitation.

You are entitled to see your file. As well, your employer is entitled to see information that is relevant to an issue which is the subject of a review or an appeal.

If your employer has made a request to access relevant information from your claim file relating to a review or appeal of a decision, you have 14 days to respond or object to the relevancy of the information. If there is a dispute about the relevancy of the information, the President of the Yukon Workers' Compensation Health and Safety Board will determine what information is relevant to the issue on review or appeal, which can be further appealed to the appeal tribunal.

For access requests, please submit a Request for Disclosure form. Once the disclosure is prepared, you may come down to our offices and view the file under supervision. Or we can provide a copy. There is no charge for the first copy. After that, we charge a photocopying fee of $0.25 per page or $50 to copy the file.

Support and representation with your appeal

You can have a relative, friend or a lawyer to represent you during your appeal. Alternatively, as a worker, the Workers' Advocate or a union representative can represent you during the process.

If you would like someone else to represent you, we need you to complete the Authorization of a Representative form to show us that you authorize their involvement.

Workers' Advocate

The Workers’ Advocate is appointed by the Minister of Justice and acts independently of the Yukon Workers’ Compensation Health and Safety Board.

They provide advice and support to injured workers and to dependents of workers who are killed on the job. The Workers’ Advocate:

  • Provides information about the compensation process to workers and their dependents and helps them understand their compensation claims.
  • Supports workers through the claims appeal process.
  • Can represent workers appearing before adjudicators, hearing officers or the Workers’ Compensation Appeal Tribunal.

The Worker’s Advocate has vast experience handling appeals, but you don’t have to use their services to appeal claims decisions if you prefer not to.

For more information, visit Workers’ Advocate.

To contact the Workers’ Advocate:

Forms required

Rules of procedure