Appealing a Workers’ Compensation Decision


The Review Division is the first level of appeal.  A review must be commenced within 90 days of the date of a WCB decision letter.  The Review Division is an internal (within WCB) body.  The Review Division does not usually hold oral hearings.  The Review Division determines the issues under appeal based on written legal submissions (involving the relevant facts, law and policy). The Review Division considers written submissions and gives its decision, usually within 150 days.


If you disagree with the decision of the Review Division, you can appeal most (not all) decisions to the Workers’ Compensation Appeal Tribunal (www.wcat.bc.ca).  You cannot appeal decisions of the Review Division regarding vocational rehabilitation issues, commutations, prevention orders (other than penalties), and certain types of pensions.  If you want to appeal to WCAT, you must do so within 30 days of the date of the decision by the Review Division.

WCAT usually decides a case within 180 days after disclosure of the claim file is sent.  It is advisable to request an oral hearing.

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