Legislation
What is Legislation?
Legislation is law created by the government (also known as "the
statute").
The Workers’ Compensation Act
The Workers’ Compensation
Act (legislation) creates the workers’ compensation system
and establishes two separate entities to carry out the provisions
of the Act.
The first entity is in charge of making decisions about compensation matters:
the Workers’ Compensation Board (WCB).
The second entity is responsible for hearing appeals on decisions made at the
WCB: the Appeals Commission.
The Workers’
Compensation Act sets out specific rules about how the Workers' Compensation Board and the
Appeals Commission should apply the law in workers’ compensation
matters; it dictates how the workers’ compensation system should
operate.
While legislation lays out specific, non-negotiable rules to explain
how the workers’ compensation system operates, it gives the Appeals Commission the authority to create its own rules governing Practice and Procedure.
The legislation also gives the WCB some room to interpret the law by creating policies.
The Alberta Workers’ Compensation Board policies are found on WCB’s web site. The link below will take you to the Alberta Workers’ Compensation Board Policies and Information Manual.
Workers'
Compensation Board Link
The Act also sets out what the Appeals Commission is allowed to do. This is
called "jurisdiction."
Jurisdiction
The jurisdiction of the Appeals Commission is set out in Section
13.1(1) of the Act:
13.1(1) Subject to sections 13.2(11) and 13.4, the Appeals
Commission has exclusive jurisdiction to examine, inquire into,
hear and determine all matters and questions arising under this
Act and the regulations in respect of
- appeals from decisions under section 46 made by a review
body appointed under section 45,
- appeals from decisions under section 120 made by a review
body appointed under section 119,
- appeals from determinations of the Board under section
21(3), and
- any other matters assigned to it under this or any other Act or
the regulations under this or any other Act,
and the decision of the Appeals Commission on the appeal or other matter
is final and conclusive and is not open to question or review in any court.
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