What to Know Before Your Hearing

The Appeals Commission?s Jurisdiction

The Appeals Commission for Alberta Workers? Compensation (AC) is independent and separate from the Workers' Compensation Board (WCB). The AC has the authority through provincial legislation (jurisdiction) to hear and make decisions on appeals from workers or their dependents (if the worker is deceased), or employers, arising from decisions of a WCB review body (formerly known as the Claims Services Review Committee (CSRC) or the Assessment Review Committee (ARC)).

Section 13.1(1) of the Workers? Compensation Act states:

...the Appeals Commission has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act and the regulations in respect of

1. appeals from decisions under section 46 made by a review body appointed under section 45,
2. appeals from decisions under section 120 made by a review body appointed under section 119,
3. appeals from determinations of the Board under section 21(3), and
4. any other matters assigned to it under this or any other Act or the regulations under this or any other Act,

and the decision of the Appeals Commission on the appeal or other matter is final and conclusive and is not open to question or review in any court.

Different Types of Hearings

There are three types of hearings:

1. In-person Hearings
    
   In-person hearings allow the appellant and respondent (and/or their representatives) to attend the appeal hearing and make their presentations personally. In-person hearings are held regularly at the Appeals Commission offices in Edmonton and Calgary. Hearings are usually scheduled for one half day or one full day, but, depending on the case, more or less time may be needed to hear the matter. The average hearing lasts about one to one and a half hours.
    
2. Documentary Hearings
    
   Documentary hearings allow a formal appeal process to take place without any of the parties in attendance. Neither the appellant nor the respondent attends a documentary hearing. All evidence and representations are submitted in written form and the hearing panel (appeals commissioners) review these submissions and other documents in making their decision.
    
3. Teleconference Hearings
    
   Teleconference hearings are conducted over the telephone. This process allows the appellant and respondent (and/or their representatives) to participate in their hearing when they are unable to travel to the Appeals Commission offices in Edmonton or Calgary. Teleconference hearings may also have a mix of people attending in-person and people participating by telephone.

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Parties to an Appeal

There are usually two "parties" involved in every WCB claim - the worker and the employer - and either party may appeal a decision of the WCB review body (formerly known as the CSRC or ARC). The party who appeals is called the "appellant." If the other party (the "respondent") wants to be involved in the appeal, it is entitled to a copy of the Appeal Documents Package and any other written material relating to the appeal. The respondent may also attend and participate in the hearing.

According to the Rules of Procedure, Rule 4(a) - Interested Parties:

The commission may, on its own motion or the application of any party, grant status to any person for the purposes of a proceeding.

Other individuals or groups who may attend or take part in an appeal are:

• Party - An appellant, worker or employer respondent, or any person declared by the Commission to be an interested party. [See Rules of Procedure, Definitions, Rule 1];
   
• Interested Party - A person who is, or may be, directly affected by the Appeals Commission Decision. An interested party is treated as a party to the proceeding. [See Rules of Procedure, Interested Parties, Rule 4(e)]
   
• Intervenor - A person who is not a party but whose participation will, in the opinion of the Appeals Commission, contribute relevant information or argument that would assist the hearing panel in performing its functions. An intervenor may participate on the terms set by the hearing chair.
   
• Observer - A person who attends a hearing to support a party or to observe the hearing for some other valid purpose. An observer takes no part in the hearing process.
   
• Other Participant - Any person, other than a member of the hearing panel, the appeals secretary, a party or an interested party, that attends or otherwise takes part in an appeal proceeding. This includes, but is not limited to, an intervenor, observer, witness, or translator.
   
• Person - Includes an individual, partnership or corporation.

The Appeal Documents Package

When the hearing notice is sent to the parties, an Appeal Documents Package (ADP) is prepared and shared with the parties and the hearing panel members. The package contains the WCB claim file documentation related to the appeal. The parties are responsible for reviewing this package in sufficient detail to ensure all the applicable documents are present. At the hearing, oral presentations are heard and submissions that relate to the issue(s) of appeal are considered.

Preparing for the Hearing

It is important that you review and are satisfied the Appeal Documents Package contains all the applicable appeal documentation. The hearing panel reviews this material in preparation for the hearing. If you have any new or pertinent information that does not appear to be included in the package, send it to the Appeals Commission within the prescribed time period, so that it may be shared with all the parties and reviewed by the hearing panel members prior to the hearing.

Parties are entitled to review all information in the Workers? Compensation Board file(s). A copy of this file is available through the WCB Access to Information Department at (780) 498-3999 (telephone) or (780) 498-7867 (fax). The WCB can be contacted toll-free in Alberta at 1-866-922-9221 or out of province at 1-800-661-9608.

Costs (Reimbursement of Expenses)

Injured workers who must travel to attend an Appeals Commission hearing are eligible for reimbursement of travel related expenses. Normally, certain costs you incur in order to attend an in-person hearing, such as wage loss, travel and subsistence expenses, are paid by the WCB. Please contact your appeals officer for more information.

Note: If special circumstances regarding costs prevent you from attending your hearing, please contact your appeals officer.

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Obtaining Further Information

The hearing panel has the authority to obtain further information. It uses this authority to investigate when it has insufficient evidence to decide the appeal. Frequently this authority is used to obtain further medical evidence or opinion. Additional information obtained by the hearing panel following a hearing is shared with the parties. An opportunity is given to the parties for written submissions in response to the new material(s) before a decision is made.

Representation

Whether you are an appellant, a respondent, or another interested party, you may want assistance in preparing for the hearing. You can have a representative attend the hearing with you, but this is not required. Either way, the Appeals Commission will conduct the hearing in such a manner as to reach a decision on your appeal.

If you decide a representative is necessary, you have a number of choices. You can contact the Office of the Appeals Advisor, you may hire an independent representative, or, if you are a member of a trade union, you may ask them to represent you at the hearing. You may also have a friend or relative act as your representative.

Translators

If you have difficulty speaking or understanding English, you should ask for a translator by contacting the appeals officer assigned to your appeal at least two weeks before the hearing. There is no charge to you for this service. You cannot use a friend or relative as a translator.

Adjournments and Failure to Appear

If you cannot attend the hearing at the scheduled time and place, you must inform the Appeals Commission no less than 14 days prior to the hearing and request that the matter be rescheduled.

A hearing will not normally be adjourned unless an unforeseen circumstance outside your control makes attendance impossible or unreasonably difficult. Otherwise, you are 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 compromising the principles of natural justice. If you cannot attend and do not advise the Appeals Commission, the hearing may proceed and your appeal will be determined by a documentary review.