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Appeal Rules
PART 2: APPEALS TO THE APPEALS COMMISSION
Division 1
How to Make an Appeal
Sections
Starting an appeal
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2.1 To start an appeal to the Appeals Commission a person who has a right to appeal to the Appeals Commission must
- file with the Commission a notice of appeal in the prescribed form, and
- file the notice of appeal within the time required by the Act or any extension of time permitted by the chief appeals commissioner under rule 2.4 [Extending the deadline for filing appeals].
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Information note |
| Rule 1.3 [What can be appealed to the Appeals Commission?] describes what decisions can be appealed and the limitations on what can be appealed to the Commission. |
| An appeal is filed when it is received by the Appeals Commission in one of the ways described in rule 6.1 [Filing documents with the Appeals Commission]. Prescribed forms can be obtained from an Appeals Commission office or the Commission’s website www.appealscommission.ab.ca |
| The time period for filing appeals is noted in rule 2.3 [Deadline for appeals to be received]. |
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For circumstances when a prescribed form need not be used – see rule 6.6 [Prescribed forms]. |
What information an appeal must contain
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2.2(1) To be a valid appeal, the notice of appeal must
- be in writing, dated and signed by the appellant or the appellant’s representative;
- state the appellant’s full name, address and telephone number, and the appellant’s fax and cell phone numbers, if any;
- state the claim number or account number and the date of the Board decision or review body decision being appealed;
- state the reason or reasons for the appeal for each decision appealed;
- attach or include with the notice of appeal a copy of each Board decision or review body decision being appealed;
- if the appellant is represented, include with the notice of appeal a notice of representation in the prescribed form, unless it has already been filed with the Appeals Commission.
2.2(1) Section 11(2) of the Workers’ Compensation Regulation AR 325/2002 ceases to apply with respect to an appeal to the Appeals Commission and is replaced by subrule (1).
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Information note |
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Section 11(2) of the Workers’ Compensation Regulation says “Unless the review body or the Appeals Commission specifies otherwise” a review or appeal must contain certain information. Rule 2.2(1) above is the Appeal Commission “specifying otherwise” and so rule 2.2(1) replaces Regulation 11(2) with respect to information that must be contained in an appeal. |
| Key points to remember in making an appeal |
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if your appeal involves more than one claim, provide all claim or account numbers. This ensures that the Appeals Commission is aware of all of the claims that might be relevant |
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if you have a representative make sure a notice of representation is filed with the Appeals Commission. The rules about appointing representatives are in rule 1.7 [Right to be represented]. All further communications will be with your representative |
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provide a copy of each decision you are appealing if there is more than one |
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clearly identify the issues you are appealing. It helps if you
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use the exact wording from the decision that you are appealing
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identify the page number in the decision the issue is decided |
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if you are appealing more than 3 issues, use the Additional Appeal Issues form |
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it is best to use the Notice of Appeal prescribed form available from the Commission |
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make sure the notice of appeal is signed and dated. |
Deadline for appeals to be received
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2.3(1) In accordance with section 13.2(8) of the Act, a notice of appeal must be filed with the Appeals Commission within one year from the date that
- a review body made its decision on a worker’s claim for compensation under section 46 of the Act, or
- the Board made a decision on an employer’s assessment under section 120 of the Act,
unless the time for the appeal is extended under rule 2.4 [Extending the deadline for filing appeals].
(2) A notice of appeal from a Board determination about whether or not a worker, who is a party to a court action, is entitled to compensation under section 21(3) of the Act is not subject to a one year time limit.
Extending the deadline for filing appeals
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2.4 The one year time limit within which an appeal must be filed may be extended under section 13.2(9) of the Act only if the chief appeals commissioner considers there is a justifiable reason for the delay.
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Information note |
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Section 13.2(9) of the Act reads: |
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(9) Notwithstanding subsection (8), if the chief appeals commissioner, or the appeals commissioner to whom the chief appeals commissioner delegates the chief appeals commissioner’s duties, considers there is a justifiable reason for a delay, that commissioner may extend, with or without conditions, the deadline set out in subsection (8). |
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