If you disagree with the decisions we make on claims, assessments, workplace health and safety orders or administrative penalties, you may have the right to request a review of them and to appeal decisions made from those reviews. There are two levels in this process.
Reconsiderations are internal reviews of the decision by the board
Appeals are external reviews of the decision by the independent Appeal Tribunal
Reconsiderations are conducted by our internal and impartial Reconsideration Unit.
We encourage anyone who would like the board to reconsider a decision to contact the board decision maker who made the initial decision and discuss the reasons for their findings. Having a better understanding of how and why the decision was made can clarify the situation so a reconsideration may no longer be necessary.
If you are still not satisfied, you must submit a Request for Reconsideration form to the board within the following time periods. Submit this form by fax, 867-393-6279, or by email, [email protected].
|Type of decision||Time limit to make request for reconsideration|
|Claim decision||within 1 year after date of decision|
|Assessment decision||within 90 days after the date of decision|
|Workplace health and safety order or decision||within 21 days after the date of an order or decision|
|Decision relating to a work refusal||within 7 days after the date of decision|
|Administrative penalties||within 21 days after the date the penalty is served|
Since a decision can affect someone other than the person making the request, other affected persons will also be invited to participate in the review.
Reconsiderations are documentary reviews of the file. How long the reconsideration takes will depend on the issues being reconsidered, the information sharing process or if further information is required.
After reviewing the file, written submissions and any other relevant information, the decision maker will provide their decision, including reasons, to the parties.
For more information on the process please see to policy 6.1 Reconsiderations.
Appeals to Appeal Tribunal
After receiving the reconsideration decision, if you are still not satisfied with the decision, you can then submit an appeal to the Appeal Tribunal. Appeals are conducted by this external and independent tribunal.
Appeals must be filed within the following time limits.
|Type of decision||Time limit to make request for appeal|
|Claim decision||within 1 year after date of the reconsideration decision|
|Assessment decision||within 90 days after the date of the reconsideration decision|
|Workplace health and safety order or decision||within 21 days after the date of the reconsideration decision|
|Decision relating to a work refusal||within 7 days after the date of the reconsideration decision|
|Administrative penalties||within 21 days after the date of the reconsideration decision|
For more information contact the Appeal Tribunal at 867-667-8731.
Disclosure of information
Anyone requesting a reconsideration or an appeal has the right to copies of any relevant information we have on file. You can obtain this information by submitting a Request for Disclosure form to our Information Management Unit.
Workers’ Advocate Office
If you are a worker needing help with a request for reconsideration or appeal relating to a decision on a claim, you can contact the Workers’ Advocate Office. For more information, visit the Workers’ Advocate Office website, email, or phone 867-667-5324 or 800-661-0408, extension 5324.