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Appeal Rules

Information note

What these rules do

These are the Appeals Commission’s rules that govern the practice and procedure of the Appeals Commission under the Workers’ Compensation Act. The rules are intended to help everyone understand how appeals to the Appeals Commission work and will help those involved to prepare for and participate in the appeal.
Contents of the rules
The Appeal Rules are divided into 6 Parts, as follows:
  • Part 1 [Fundamental Rules]
  • Part 2 [Appeals to the Appeals Commission]
  • Part 3 [Getting Ready for the Hearing]
  • Part 4 [The Hearing and Decision]
  • Part 5 [Reconsideration of Decisions]
  • Part 6 [Technical Rules].
Definitions
An Appendix [Definitions] at the end of the rules contains a list of words that have particular meaning in these rules
Information notes and summary overviews

The rules contain two particular features to help readers understand the rules. The first is a series of information notes that indicate other information or rules that readers may find helpful. You are reading an information note now. The other feature designed to help readers is summary overviews on the title page of each Part of the rules. The summary overview gives a brief description of what the Part is about.

Numbering system

The rules are divided, numbered and named in the following way:
  • rules that relate to a particular subject area are grouped into Parts with a number assigned to each Part, for example
    » Part 2 [Appeals to the Appeals Commission]
    » Part 3 [Getting Ready for the Hearing]
    » Part 4 [The Hearing and Decision]

  • each Part consists of a series of rules numbered first with the Part number and then consecutively, for example, in Part 2 the rules are numbered 2.1; 2.2; 2.3 and so on;
  • if a particular rule is divided into 2 or more identifiable sentences, subrules are usually created with numbers in brackets, for example: 2.1(1), (2), (3);
  • if a rule or subrule is divided

» the rule is divided into clauses, using lowercase letters in brackets, for example: 2.5(a), (b) and in the case of a subrule, 2.14(2)(a), (b), (c), (d), and

» the rule can be further divided into subclauses, using roman numerals in rackets, for example: 1.12(2)(o)(i) and (ii).

Authority for the Rules

The Appeals Commission is given authority to make rules governing the practice and procedure applicable to proceedings before the Commission by section 13.1(3) of the Workers’ Compensation Act.

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Headings_24.gif Appeal Facts It takes approximately 4 weeks (an average of 30 days) for the hearing panel to issue a decision on an appeal following a hearing.

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Page Last Updated 12/13/2007