Frequently Asked Questions
Below is a list of Frequently Asked Questions. If you do not find your question in the list
below, please refer to the Guide to the AC.
- Can I file an appeal with the Appeals Commission?
- How do I start an appeal?
- How can I get help with filling out the form?
- What happens after I file an appeal?
- What is the length of the appeal process?
- How do I get an extension of the one-year time
limit to file my appeal?
- How can I find out the status of my appeal?
- Where do the hearings take place?
- What type of hearing can I have?
- If I cannot make it to my hearing, what should
I do?
- Will the hearing be recorded?
- How long does a hearing take?
- Can I bring a relative or friend to the hearing?
- What should I wear to the hearing?
- How can I prepare myself for the hearing?
- What should I bring with me to the hearing?
- What happens after the hearing?
- I received my decision and I do not understand
it. Can somebody help me?
- What if I do not like the result of my appeal?
- What is a Reconsideration Application?
- Is there a deadline for reconsideration of a decision?
- What is the Appeals Commission for Alberta Workers'
Compensation?
- How is the Appeals Commission different from the
Workers' Compensation Board?
- What does the "second level of appeal"
mean?
- What is the difference between a WCB review body
and the Appeals Commission?
- If my appeal is successful, when will I receive
compensation?
- Can I get my travel expenses and/or lost wages
reimbursed by the Appeals Commission?
- What is the difference between a Case Manager
and an Appeals Officer?
- What is the difference between an Appeals Officer
and an Appeals Advisor?
- What is cost relief?
1. Can I file an appeal with the Appeals Commission?
A worker (or if a worker is deceased, the worker's dependants) or
an employer may submit an appeal to the Appeals Commission after receipt
of a written decision from a WCB review body (formerly known as the
Claims Services Review Committee (CSRC) or the Assessment Review Committee
(ARC)). Your representative may also file an appeal on your behalf.
A representative may be an appeals advisor, a consultant in private
practice whom you have hired, a friend, a union representative, a
lawyer or any other person you authorize to act on your behalf.
2. How do I start an appeal?
You start your appeal by filling out and sending in a Request for
Appeal Form or by sending a letter outlining your appeal. It is
important to include your WCB claim number(s) or employer account
number(s), and the date of a WCB review body decision(s) document
containing the decision you are appealing. It is also essential
that you send your appeal to the Appeals Commission at: #901, 10109
- 106 Street, Edmonton, Alberta, T5J 3L7 OR #206, 1701 Centre Street
North, Calgary, Alberta, T2E 7Y2. Your appeal must be received at
the Appeals Commission within one year of the decision date of
a WCB review body decision. If not, your appeal may be declared
"untimely" and you will not be able to proceed. Your only
choice, then, is to apply to the Chief Appeals Commissioner for
an extension of the time limit. This extension of the time limit
is not guaranteed.
3. How can I get help with filling out the form?
If you have a question about filling out your appeal form, you can
refer to the Instructions for
the Request for Appeal Form, or telephone the Appeals Commission
at (780) 412-8700. If you are a worker and you require advice, rather
than information, it is recommended that you contact the Office
of the Appeals Advisor at (780) 498-8640.
4. What happens after I file an appeal?
After you file your appeal with the Appeals Commission, all parties
(usually the worker and employer) are contacted by the Commission
to ensure information is complete and accurate so that the appeal
may proceed. Once all parties to an appeal have confirmed they are
ready to proceed, they will receive an acknowledgement letter and
the appeal becomes ready for processing.
5. What is the length of the appeal process?
The appeal process can vary greatly in length depending on the particular
situation. This time allows both parties to prepare their cases.
In some instances, further information is required and this takes
additional time to gather. The complexity of the appeal may also
affect the length of time it takes to finalize your appeal.
6. How do I get an extension of the one- year time limit to
file my appeal?
When you file an appeal with the Appeals Commission more than one
year after a WCB review body decision, you must apply to the Chief
Appeals Commissioner for an extension of the time limit. This is
required by section 13.2(9) of the
Workers'
Compensation Act. You must make your request in writing
and explain the reasons for your late filing. You should try to
be as clear as possible in describing the circumstances that led
you to file after the one year time limit because once the decision
is made by the Chief Appeals Commissioner, there is no further review.
7. How can I find out the status of my appeal?
If you wish to find out the status of your appeal, you can phone the Appeals
Commission at (780) 412-8700 and ask for the information. The nature of Alberta's
privacy laws allows the Appeals Commission to release this information only
to you or to your official representative.
8. Where do the hearings take place?
Hearings are most often held in Calgary and Edmonton at the Appeals Commission
offices.
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Calgary Office |
Braithwaite Boyle Building
#206, 1701 Centre Street N.
Calgary, Alberta T2E 7Y2
Ph: (403) 508-8800
Fax: (403) 508-8822
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Edmonton Office |
Energy Square Building
#901, 10109 - 106 Street
Edmonton, Alberta T5J 3L7
Ph: (780) 412-8700
Fax: (780) 412-8701
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In some circumstances, a hearing may be convened in another city.
This must be arranged through the Manager of Work Allocation and
Scheduling.
9. What type of hearing can I have?
The type of hearing you have depends on the issue(s) of appeal you
bring to the Appeals Commission. Initial (1st time) appeal applications
are normally heard through "in-person" or "teleconference"
hearings. However, you may choose to have your appeal decided through
written submissions only (a "documentary hearing"). State
your hearing preference (in-person, teleconference or documentary)
when you apply.
If you are applying to have a panel reconsider an earlier decision of the Appeals
Commission, this application is usually determined by documentary
review.
10. If I cannot make it to my hearing, what should
I do?
CALL US.
- You should inform the Appeals Commission and request that the
appeal be re-scheduled as far in advance of the scheduled hearing
date as possible (at least 14 days prior to the hearing). Doing
this in a timely manner ensures that no party is negatively affected
by the delay.
- The hearing chair will consider your request on a documentary
basis (review of written submissions only) and either grant or
refuse your request.
- Usually, adjournments of scheduled hearings are only considered
when unforeseen circumstances, over which you have no control,
make your attendance impossible or unreasonably difficult. In
any other circumstances, you will be required to attend on the
date set for hearing to seek an adjournment. Normally, an adjournment
is granted only where the hearing panel is satisfied that it cannot
proceed without denying the principles of natural justice.
- If you cannot attend and do not advise us, the hearing may proceed,
thereby the outcome of your appeal will be determined by a documentary
review of the information available to the panel.
11. Will the hearing be recorded?
Beginning in 2002, the Appeals Commission electronically records
all oral hearings, unless otherwise directed by the Commission.
You may not make your own recording. If you wish to obtain a copy
of the recording, notify the Appeals Commission or click here
for a Transcript Request Form.
12. How long does a hearing take?
Hearings continue for as long as necessary so the panel may hear
the evidence and submissions of all parties. They can last anywhere
from 15 minutes to a number of days, but the average hearing is
approximately one to one and a half hours long.
13. Can I bring a relative or friend to the hearing?
You may bring anyone you wish to the hearing. You must advise the
Appeals Commission of the number of people you are planning to bring
with you to the hearing, as well as their names, prior to the hearing
date. The panel will decide the status of each person at the time
of the hearing.
14. What should I wear to the hearing?
Hearings at the Appeals Commission are informal. Therefore, you
may wear what you are comfortable in. You do not have to dress up,
however, we ask that you do not wear inappropriate clothing.
15. How can I prepare myself for the hearing?
- Ensure all submissions, evidence, required medical reports and
other related information have been sent to the Appeals Commission
prior to the hearing date (preferably 21 days or more before).
- Read your Appeal Documents Package (ADP) completely before the
hearing.
- Obtain representation (if you wish).
- Confirm the date and time of the hearing with your representative
or the Appeals Commission Hearing Coordinator at (780) 412-8766
in Edmonton, or at (403) 508-8803 in Calgary.
16. What should I bring with me to the hearing?
It is recommended that you bring your Appeal Documents Package with
you to the hearing and any other notes or information you find helpful
in making your presentation.
17. What happens after the hearing?
A written decision will be mailed to all parties (usually within
4 - 6 weeks after the hearing). If the panel requires further information
to make their decision, then all parties will be advised of this
delay. Once the necessary information is gathered, it will be shared
with the parties.
18. I received my decision and I do not understand
it. Can somebody help me?
If you have a minor concern with your decision, you may wish to
speak to your appeals officer to get clarification. If the point
is more involved, you can write to us and request a clarification.
Set out your concerns in writing and either mail or fax them to
the Appeals Commission. You may also wish to discuss the matter
with a representative. If you are not sure what the Workers' Compensation
Board plans to do about implementing your decision, you can discuss
that matter directly with your WCB case manager.
Please be aware that although the panel may provide clarification
of a point or points contained in its decision, this will not change
the outcome of your decision.
If you understand, but disagree with, the Appeals Commission's
decision, clarification will not be of assistance to you. You may
then wish to consider other options.
19. What if I do not like the result of my appeal?
You may apply for reconsideration, however, the Appeals Commission
will not reconsider its decision simply because you are dissatisfied
with it. In order to apply
for a reconsideration you must provide substantial reasons justifying
your request, such as:
- new information that is substantial and was not, within reason,
available at the previous hearing
- evidence of misapplication of policy or legislation
- evidence of procedural error.
20. What is a Reconsideration Application?
Reconsideration applications are conducted through a documentary
review of the appeal file. A reconsideration panel, comprised of
a hearing chair and two commissioners, receives a package of information
provided to them by an appeals officer. The package contains the
reconsideration application
and any information provided to support the application for a reconsideration
of the previous hearing panel's decision. The Appeals Commission
gives the parties a specified period of time for the submission
of evidence and arguments. Where there is a respondent, the parties
are given the opportunity to respond to each other's material. Initially,
the deadlines are set by the appeals officer; these may be changed
or extended by the hearing panel to whom the appeal is assigned.
When the submissions are complete, the claim file, including submissions,
is circulated among the three panel members. The panel members then
meet to arrive at a decision.
21. Is there a deadline for reconsideration of a decision?
No. The Appeals Commission will only reconsider a matter if:
- the grounds for the request disclose substantial reasons to justify
a review (dissatisfaction or disagreement with the decision does not qualify
as reasonable grounds)
- there was a procedural error on the part of the Appeals Commission
when conducting the hearing
- additional evidence that pertains to the issue(s) of appeal (e.g.,
medical reports) is made available after the hearing.
22. What is the Appeals Commission for Alberta Workers' Compensation?
The Appeals Commission for Alberta Workers' Compensation is an independent,
quasi-judicial tribunal established under the terms of the Workers'
Compensation Act to deal with appeals arising from decisions
made by a WCB review body (formerly known as the Claims Services
Review Committee (CSRC) or the Assessment Review Committee (ARC)).
The Appeals Commission is independent of the Workers' Compensation
Board. The Chief Appeals Commissioner of the Appeals Commission
reports to the Minister of Human Resources and Employment. The commissioners
at the Appeals Commission, including the Chief Appeals Commissioner,
are appointed through an Order-in-Council by the Provincial Government.
23. How is the Appeals Commission different from the Workers' Compensation Board?
The Appeals Commission is separate from the WCB. The Commission's
mandate is to hear and decide appeals from workers (and in certain
cases the dependants of workers) and employers. The Commission can
only deal with matters which have already been decided by written
decision from the appropriate WCB review body, and for which proper
notice of appeal has been filed (in writing within one year).
24. What does the "second level of appeal" mean?
The Appeals Commission can only hear appeals that have already been
through the appropriate WCB review body (formerly known as the Claims
Services Review Committee (CSRC) or Assessment Review Committee
(ARC)). The first level of appeal is a WCB review body. There are
a few exceptions to this rule, such as appeals that arise from section
21(3) of the
Workers'
Compensation Act.
25. What is the difference between a WCB review
body and the Appeals Commission?
The Appeals Commission hears appeals of decisions that are made
by WCB review body members and which affect workers and employers.
It is the final level of appeal for workers and employers who are
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.
Conversely, the WCB review body is internal, first level appeal
divisions of the Workers' Compensation Board. The WCB hires employees
(called members) to hear first level worker appeals and to hear
appeals regarding employer assessment costs.
26. If my appeal is successful, when will I receive compensation?
The Appeals Commission has no authority to pay benefits under the
Workers'
Compensation Act. That authority rests solely with the Workers'
Compensation Board. Once the Appeals Commission hearing panel has
heard your appeal, it will make a decision about the issue(s) considered
at the hearing. The Appeals Commission will then return your file
to the Workers' Compensation Board, where a case manager will arrange
to make any necessary payments and schedule any referrals arising
as a result of the Commission's decisions. The length of time it
will take for payment of your benefits may vary depending on the
details of the decision and the speed with which the case manager
acts to implement the decision.
27. Can I get my travel expenses and/or lost wages reimbursed by the Appeals
Commission?
The Appeals Commission will provide a worker with a Wage
Loss Form that must be completed and sent to the WCB. Where
appropriate, the WCB case manager will authorize reimbursement for
wage loss and meals, kilometers traveled, etc., for the worker to
attend the appeal hearing. Payment of travel expenses and other
related costs are made in an amount consistent with the Workers'
Compensation Board schedule in effect at the time.
28. What is the difference between a Case Manager
and an Appeals Officer?
Your case manager is an employee of the WCB and manages your file
at the WCB. Your appeals officer, on the other hand, is an employee
of the Appeals Commission who prepares your appeal documentation
at the Appeals Commission.
29. What is the difference between an Appeals Officer and an Appeals Advisor?
An appeals officer is an employee of the Appeals Commission and
handles the preparation of your file at the Appeals Commission.
An appeals advisor, on the other hand, is a representative who acts
on behalf of worker appellants in the appeal process. Appeals advisors
are paid employees of the WCB's Office of the Appeals Advisor.
30. What is cost relief?
Cost relief is an issue of appeal when an employer requests the
cost of a claim be transferred, apportioned or relieved from their
account.
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