Reviews and appeals

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Reviews and appeals

Reviews and appeals

As an employer, you may appeal a worker claim decision, an assessment decision, and an occupational health and safety (OHS) decision, order or inspection report.

Appeal of a decision made on a worker's claim

You, a worker or a dependent of a deceased worker may appeal a compensation claim decision to a hearing officer.

How to appeal a worker claim decision

The appeal process begins when we receive your Request for Review by a Hearing Officer form. You may pick up a copy at our building.

Complete the form, attach all the required information and submit it to us.

The claim appeal process has two levels.

Level one: hearing officer review

A hearing officer reviews all the evidence and either reverses, varies or confirms 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.

Time limit

Claim decision: You have up to 24 months to appeal starting from the date of the claim decision.

Hearing officer decision: After the hearing officer reviews your appeal and makes a decision, you have up to 24 months, starting from the date of the claim decision, to appeal that decision to the Yukon Workers’ Compensation Appeal Tribunal. The appeal must be made in writing using the WCAT Notice of Appeal form.

Appeal an assessment decision

You may appeal any written decision on your assessment account that relates to:

classification;
audit results;
a decision to levy penalties for non-payment or non-reporting of penalties.

Before appealing, please contact the staff member who made the decision or the Director of Assessments to ask why the decision was made. This is often the simplest way to resolve any misunderstandings or communications problems that led to the dispute. Talking may eliminate the formal review or appeal.

How to appeal an assessment decision

The appeal process begins when our Board of Directors receives your Notice of Appeal of an Assessment Decision form.

Complete the form, attach all the required information and submit it to us.

After your appeal is accepted, the Board of Directors review the evidence and convene an Appeal Panel. The panel makes the decision on your appeal. Their decision is final and conclusive and not open to question or review in any court.

Time limit

You have 180 days from the date on the assessment decision to appeal to the Board of Directors.

Appeal Panel

An Appeal Panel will hear and rule on your assessment dispute.

The panel is made up of three members of the Board of Directors, one of whom is a representative of employers and another is a representative of workers. The chair, or the alternate chair, of the Board of Directors presides over the panel.

The Appeal Panel can reverse, vary or confirm the assessment decision in question. Each case is decided on its own merit.

Decisions of the Appeal Panel are final.

Appeal an OHS decision or order

Any employer, worker or trade union may appeal OHS decisions, administrative penalties, orders or refusals to give an order.

Before you launch a formal appeal, we encourage you to contact the staff member who made the decision or the Director of OHS to ask to discuss the rationale and reasoning for the order or decision. Talking may eliminate the formal appeal.

How to appeal an OHS decision

The appeal process begins when the Director of OHS receives your Notice of Appeal of an Occupational Health and Safety Decision form.

Complete the form, attach all the required information and submit it to us.

The Board of Directors may hold a formal hearing. If so, you will be invited to attend, along with the complainant, the director (or their representative) and anyone else we want to hear from.

After gathering all the relevant information, the Board of Directors will consider the matter and make a decision. That decision is final and binding.

Time limit

In most cases, you have 21 days after the date on the original decision to file your appeal.

However, if your appeal concerns a worker’s refusal to perform hazardous work, the time limit is seven days.

A Board of Directors inquiry into the dispute will begin within 21 days of receiving your appeal.

Appeal Panel

An Appeal Panel will hear and rule on your OHS dispute. The panel is made up of three members of the Board of Directors, one of whom is a representative of employers and another is a representative of workers. The chair, or the alternate chair, of the Board of Directors presides over the panel.

The Appeal Panel can reverse, vary or confirm the OHS decision in question. Each case is decided on its own merit.

Decisions of the Appeal Panel are final.

Forms required

Appeal of a decision made on a worker's claim

How to appeal a worker claim decision

Level one: hearing officer review

Level two: Workers’ Compensation Appeal Tribunal

Time limit

Appeal an assessment decision

How to appeal an assessment decision

Time limit

Appeal Panel

Appeal an OHS decision or order

How to appeal an OHS decision

Time limit

Appeal Panel

Forms required

Claim Appeals

Occupational Health and Safety Appeal

Assessment Appeal

Workers’ Compensation Appeal Tribunal

Common forms

More information