A Guide to the Appeals Commission
In All Fairness
Workers’ Compensation Act - Alberta
Appeals Commission Mission Statement
"To provide a timely, fair and independent appeals process consistent
with legislation, policy and the principles of natural justice"
What is the Appeals Commission?
The Appeals Commission is the final level of appeal for workers and employers
dissatisfied with decisions made by the Workers’ Compensation Board (WCB). The
Appeals Commission is an administrative tribunal, and its decision-making is
independent of the WCB.
What does the Appeals Commission do?
The Appeals Commission hears worker and employer appeals arising from WCB review
body decisions (formerly known as the Claims Services Review Committee - CSRC
and the Assessment Review Committee - ARC).
What are some types of issues heard by the Appeals Commission?
- Acceptance of a worker’s claim.
- Recognition of a worker’s reduced earnings capacity.
- Duration of a worker’s entitlement to benefits.
- Whether the worker’s injury or disease is occupationally related.
- Whether accident costs should be transferred from one employer to another.
- Employer assessment disputes.
Is there a time limit in which I must file an appeal?
Yes. Section 13.2(8) of the Workers' Compensation Act states a written
notice of appeal must be received by the Appeals Commission within one year
from the date of a WCB review body decision. However, according to section 13.2(9)
of the Act, this deadline may be extended for justifiable reasons upon
application to the chief appeals commissioner. The chief appeals commissioner's
decision regarding extension is not appealable.
Where do I send my appeal?
Send a letter including your name, address, telephone number, claim number,
and specific reasons for appeal to:
APPEALS COMMISSION
901, 10109 – 106 Street
Edmonton, Alberta T5J 3L7
or
Fax: (780) 412-8701
What do I have to include in my appeal application?
You must appeal in writing and include the following:
- General information such as current address/telephone number, claim number(s)
and/or employer account number, and the date and place of the accident(s).
- The specific appeal issue(s) and remedies sought. The Appeals Commission
has the jurisdiction to only deal with issues previously decided by a WCB
review body.
When submitting your appeal, include all related medical and/or other
information to avoid a delay in scheduling a hearing date.
What happens after I file my appeal?
You will receive written confirmation that the Appeals Commission has received your appeal. The
Appeals Commission will obtain a copy of your file records and information from the WCB Access to
Information department. An appeals officer from the Commission will then contact you to discuss your appeal.
Your appeals officer will prepare an Appeals Document Package (ADP) from your file records and
information received from the WCB.
When will my appeal be scheduled?
The Appeals Commission's Hearing Co-ordinator will contact the parties to the appeal to set a hearing date
after the ADP has been prepared. A copy of the ADP will be shared with you or your representative before the
hearing.
Can I submit new or additional information for my appeal before the hearing?
Yes. If you have new or additional information you want the hearing panel to consider, submit it as soon
as possible before the hearing. Failure to do so may result in your hearing being delayed as the Appeals Commission
shares this new information with the other parties to the appeal.
Are language translators available during the hearing?
Yes. If you require a language translator, please advise your appeals
officer as soon as possible so that we may arrange for one.
How do I review my file?
Your file is a WCB file, which means that you must contact the WCB to make arrangements to review it. Call Access
to Information at (780) 498-3999. If you live outside of Edmonton and want to avoid long distance charges, call the
WCB's toll-free number at 1-866-922-9221 and ask for the Access to Information department.
Can I represent myself at the hearing?
You can attend alone if you are prepared to present your case, or you may bring a representative. A lawyer, friend,
union representative, or other individual may represent you. The WCB offers a free appeals advisory service to workers,
upon application. Contact the Office of the Appeals Advisor in Edmonton at (780) 498-8640 or in Calgary at (403) 517-6220
for further information. If you live outside Edmonton or Calgary, use WCB's toll-free line at 1-866-922-9221 and ask for
the Office of the Appeals Advisor.
Who may attend a hearing?
The parties to an appeal may attend the hearing. Usually, the parties are the
worker and the employer.
If you plan to bring someone with you for moral support, please advise your appeals officer
before the hearing.
Since there are many confidential issues discussed at appeal hearings, the
proceedings are closed to the public (known as "in camera"). The media
may not attend a hearing.
I want someone to appear as a witness for me. How do I arrange for this?
If the witness agrees to come, it is your responsibility to make sure he/she
knows the time, date, and place of the hearing. You must also tell your appeals
officer that you will be bringing a witness to the hearing and who that witnesses is.
What if the person will not agree to come as a witness?
The Appeals Commission has the power to order an individual to come
to a hearing as a witness. If you want the Appeals Commission to order a witness to attend a hearing, please contact
your appeals officer
Are there different types of hearings?
Yes. Most requests are in-person. However, if you are unable to attend, you may request a
documentary or conference-call hearing.
What if I cannot attend the hearing on the scheduled date?
Contact your appeals officer immediately.
Where are Appeals Commission hearings held?
The Appeals Commission normally holds hearings in Edmonton and Calgary.
Who will hear my appeal?
Appeals are heard by a panel consisting of a hearing chair and one or more commissioners,
who are individuals appointed by the provincial government
How are the hearings conducted?
An appeals secretary greets the parties and escorts them to the hearing room. The hearing
chair begins by explaining the hearing procedures, and the authorities and responsibilities of
the Appeals Commission. The appellant (or representative) presents their case first, and may be
asked questions from the hearing panel. Then the respondent (or representative) presents their case,
followed by questions from the hearing panel. The parties may summarize their presentations at the end
of the hearing.
The Appeals Commission records all in-person and teleconference hearings.
The Appeals Commission has established Rules of Procedure to help parties prepare for and participate
in the appeal process. Workers, employers and their representatives are encouraged to review the Appeals
Commission's Rules of Procedure.
Contact the Appeals Commission for a copy of the Rules of Procedure,
or visit our web site at: Rules
of Procedure
Is the Appeals Commission bound by the Workers’ Compensation Act and WCB policy?
Yes.
Do I get reimbursed for lost wages and travel expenses when I attend a hearing?
If you are an injured worker, you will receive a Wage Loss Form at the in-person
hearing. Have your employer complete this form and send it to the WCB for payment.
A copy of this form is available on the Appeals Commission web site at: Wage
Loss Form
If you live outside of the immediate vicinity of the hearing location, please discuss your travel requirements with your appeals officer before the hearing.
Can the Appeals Commission reduce my entitlement even though I am appealing for an increase?
Yes. The Appeals Commission has the right to confirm, reverse or vary a decision made by the WCB Review Body. This includes increasing or decreasing any
compensation award or assistance.
When will I receive the Appeals Commission's decision?
The Appeals Commission sends the parties a written decision usually 4 - 6 weeks after the hearing. A delay will result if the hearing panel determines
further information is needed before making its decision.
Can I ask the Appeals Commission to reconsider its decision?
Yes. The Appeals Commission may accept a reconsideration request where
new evidence or information comes forward that may affect the initial decision.
Is there more information available about the Appeals Commission?
Yes. Review our web site, or contact our office at:
APPEALS COMMISSION
901, 10109 – 106 Street
Edmonton, Alberta T5J 3L7
Telephone: (780) 412-8700
or
APPEALS COMMISSION
206, 1701 Centre Street North
Calgary, Alberta T2E 7Y2
Telephone: (403) 508-8800
The Appeals Commission does not accept collect calls. If you live outside of
Edmonton or Calgary and want to avoid long distance charges, call the RITE operator at
310-0000 then enter (780) 412-8700 for the Edmonton office, or enter (403) 508-8800 for
the Calgary office. If you are calling long distance outside of Alberta, call 1-866-222-4109.
Effective: September 1, 2002
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