Procedure at the Hearing

The Hearing Panel

The hearing panel must consist of no less than two appeals commissioners, however, most panels are normally made up of three appeals commissioners. One commissioner is a hearing chair and is the presiding member for the panel.

Prior to the hearing, the hearing panel reviews the Appeal Documents Package (ADP), the legislation (Workers' Compensation Act) and the WCB policies.

The Hearing Chair

• Is the commissioner who chairs the hearing.

• Identifies the WCB review body (formerly known as the CSRC or ARC) decision(s) under appeal and confirms the issue(s) to be considered.

• Explains the Appeals Commission and the process that will be followed.

The Commissioners and the Hearing Chair

• Attend the hearing, hear evidence and determine the outcome of the appeal.

• Have the right to ask questions at any time during the hearing.

The Appellant and the Respondent

• Present their cases to the hearing panel

• May ask questions which are relevant to the appeal (addressing them to the hearing chair).

Witnesses Giving Evidence

• The parties have the right to bring witnesses to the hearing. Proper notice must be given to the Appeals Commission and to the witnesses that their presence is required. Parties are responsible for notifying witnesses of the date, time and place of the hearing. Witnesses are normally excluded from the hearing room until the hearing panel is ready to hear their evidence.

• If the parties want the Appeals Commission to compel the attendance of a witness, they must apply to the Appeals Commission. If the request is granted, the Appeals Commission may issue a Notice to Attend.

The Sequence of Events at an In-person Hearing

The Appeals Commission tries to keep the hearing procedure relatively informal. Although the process may vary somewhat depending on the hearing panel, in-person hearings generally follow this sequence:

• Introduction of the parties and, if appropriate, their representatives, and any observers of the hearing.

• The hearing chair will make opening comments to explain the Appeals Commission and the hearing process.

• Parties will have an opportunity to raise preliminary matters.

• The hearing chair will confirm the issue(s) of appeal.

• The appellant will be invited to provide evidence and submissions relating to the issue(s).

• The respondent(s), if present, will provide evidence and submissions.

• Cross-examination of the appellant, respondent(s) or any witness(es) is done by questions referred through the Chair.

• The hearing panel may question the parties or any of the witnesses.

• The appellant and respondent will have an opportunity to make closing statements.

Recording of Hearings

• No recording devices of the parties are allowed in the hearing room.

• The Appeals Commission electronically records all oral hearings, unless otherwise directed by the Commission, using digital audio recording technology.