|
|
Our History
What is the Appeals Commission?
The Appeals Commission is an administrative tribunal established
under the
Workers' Compensation Act (the Act) as a final level
of appeal for workers' compensation matters in the Province of Alberta.
See sections 10, 11, 12 and 13 of the Workers' Compensation
Act.
History of the Appeals System
1918
- Alberta workers' compensation legislation first appeared in 1918. From 1918
until 1973 the appeals process was very simple. Appeals were made directly
to the members of the Board of Directors of the Worker's Compensation Board
(the Board).
1973
- The first significant change in the appeal process came in
1973 when legislation was passed creating a review committee.
This committee was a forerunner to the Claims Services Review
Committee (CSRC) and Assessment Review Committee (ARC). This committee
would, on written request, review a worker's file in detail to
determine whether the claim had been adjudicated accurately and
whether the worker had received all of the benefits to which s/he
was properly entitled. The review involved a complete evaluation
of every aspect of the file. The committee would report to and
instruct the case manager concerning any problems or additional
entitlements identified, and would provide recommendations on
further work necessary to properly adjudicate the claim. A similar
review would be undertaken for employers on assessment matters.
The committee's review was more consistent with a training and
quality control function than an adjudicative function. Following
the review process, workers and employers could appeal. The appeals
process remained internal to the Worker's Compensation Board (WCB).
Final appeals were made to the Board of Directors.
1988
- In early 1988, a discussion paper, The Workers' Compensation Board - Shaping
the Future, was produced by the WCB for the Minister responsible for the Workers'
Compensation Board (the Minister). In this paper, the WCB recommended that
an internal appeal process be maintained.
- On November 1, 1988, the government proclaimed Bill 30, which
made major revisions to the Act. The 1988 changes created
the Appeals Commission as the final level of appeal from the decisions
of the CSRC and the ARC and certain decisions of the Board. This
legislation established an Appeals Commission that was external
to and independent of the WCB.
- Although the Minister established a task force in March of 1988, to undertake
public consultations on the discussion paper, Shaping the Future, it did not
report until after Bill 30 was proclaimed. The task force, concluded, "Clearly
there is a mixture of views respecting the kind of appeals body that best
meets the needs of all parties. The Appeals Commission provided for in Bill
30 appears to be in the middle between a completely independent body and the
current arrangement. Therefore, it has some of the advantages of each alternative
and appears to be a reasonable solution."
- In November, 1988, the Appeals Commission began operation with two full-time
Appeals Commissioners, a full-time Chairman/Chief Appeals Commissioner, and
eight part-time Appeals Commissioners. The primary purpose for creating the
Appeals Commission was to establish an independent final level of appeal.
1995
- In 1995, Andrew C.L. Sims, Q.C., published a report reviewing
the operations of the Appeals Commission. The Sims Report provided
an extensive analysis of the operations of the Appeals Commission.
It confirmed the fundamental legislative foundation and basic
mission of the Appeals Commission. It also provided significant
recommendations for changes in the operation of the Appeals Commission.
- As a result of the Sims Report, the Appeals Commission took
action on a significant number of the recommendations to improve
the operations of the Appeals Commission.
2000
- In February, 2000, the Workers' Compensation Board Appeal Systems Review
Committee (ASRC) was formed with a purpose of examining the workers' compensation
appeals systems and to make recommendations on how to serve employers and
workers in Alberta more effectively. In November, 2000, the five-member committee
produced its final report entitled, The WCB Appeal Systems: Are they Working
Well? The ASRC in this initiative proposed 32 recommendations to improve the
systems' overall effectiveness.
2001
- The Minister released the Alberta government's response to the
ASRC's report in July, 2001. The government fully accepted 6 recommendations,
partially or in principle accepted 19 more, and rejected 7.
2002
- On September 1, 2002, the Appeals Commission became a government
entity reporting to the Minister of Human Resources and Employment.
|
|
|
|
|
