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Appeal Rules
PART 2: APPEALS TO THE APPEALS COMMISSION
Division 4
Parties to the Appeal and
their Rights
Sections
Parties to an appeal
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2.13 Unless the Appeals Commission decides otherwise, the parties to an appeal are:
- the worker, if the worker is the appellant or otherwise has a direct interest in the appeal,
- the Board, with the rights set out in section 13.2(6)(c) of the Workers’ Compensation Act,
- an employer having a direct interest in the appeal, and
- any other person recognized by the Appeals Commission as a party to the appeal under rule 2.14 [Application to become a party to the appeal].
Application to become a party to an appeal
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2.14(1) A person who claims to have a direct interest in an appeal, and who wants to become a party to the appeal, must file with the Appeals Commission as soon as practicable an application for party status with a description of their interest in being granted party status in the appeal.
(2) The application for party status must
- be in writing, signed and dated;
- include the person’s full name, postal address and telephone number, including fax and cell phone numbers, if they have them;
- state the reasons why the person wishes to be a party to the appeal;
- if the applicant is represented, include a notice of representation in accordance with rule 1.7(3) [Right to be represented].
(3) An application for party status is not complete unless it accurately contains all of the information required by subrule (2).
(4) If a person does not file a complete application for party status, or having filed a complete application does not appear, without reasonable explanation, at the hearing of an application to decide party status, that person’s interest is abandoned and the Appeals Commission may decide the application without further notice to that person.
Rights of a party to an appeal
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2.15(1) Subject to any limitations imposed under section 2.13 [Parties to an appeal], in addition to the rights of a party under the Act, a party to an appeal has the right to:
- make representations on the type of hearing of an appeal or other matter arising in the course of an appeal,
- receive a copy of documents in the Appeals Commission’s possession that are related to the appeal,
- present evidence,
- call witnesses,
- question or cross-examine witnesses who give evidence at a hearing,
- make submissions on the evidence and issues under appeal
- receive copies of the written submission and evidence provided to the Appeals Commission by the other parties to the appeal, and
- receive a copy of the Appeals Commission decision.
(2) The Appeals Commission may give directions or impose conditions on the matters described in subrule (1).
Appeal documents package
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2.16 The Appeals Commission must send to every party to an appeal a dated letter enclosing an appeal documents package containing
- documents that the Appeals Commission considers to be related to the appeal from the record received by the Appeals Commission from the Board,
- a certificate of readiness to proceed in the prescribed form,
- a list of additional documents in the prescribed form,
- a request for hearing in the prescribed form, and
- any other material related to the appeal that the Appeals Commission considers appropriate.
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