Appeal Rules
2. Appeals to the Appeals Commission
| Summary overview of this Part:
This Part describes how to make an appeal to the Appeals Commission, what the Appeals Commission does when it receives an appeal, how other parties can respond to an appeal and how a person can become a party to an appeal.
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Information note |
| Defined words: Words and phrases
used in this Part that have meanings defined in the Appendix
[Definitions] include
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• Act
• appeal
• Appeals Commission
• appellant
• assessment
• Board
• chief appeals commissioner
• compensation
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• employer
• file
• party
• prescribed form
• record
• representative
• review body
• worker |
PART 2: APPEALS TO THE APPEALS COMMISSION
Division 1
How to Make an Appeal
Starting an appeal
2.1 To start an appeal to the Appeals Commission a person who has a right to appeal to the Appeals Commission must
- file with the Commission a notice of appeal in the prescribed form, and
- file the notice of appeal within the time required by the Act or any extension of time permitted by the chief appeals commissioner under rule 2.4 [Extending the deadline for filing appeals].
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Information note |
| Rule 1.3 [What can be appealed to the Appeals Commission?] describes what decisions can be appealed and the limitations on what can be appealed to the Commission. |
| An appeal is filed when it is received by the Appeals Commission in one of the ways described in rule 6.1 [Filing documents with the Appeals Commission]. Prescribed forms can be obtained from an Appeals Commission office or the Commission’s website www.appealscommission.ab.ca |
| The time period for filing appeals is noted in rule 2.3 [Deadline for appeals to be received]. |
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For circumstances when a prescribed form need not be used – see rule 6.6 [Prescribed forms]. |
What information an appeal must contain
2.2(1) To be a valid appeal, the notice of appeal must
- be in writing, dated and signed by the appellant or the appellant’s representative;
- state the appellant’s full name, address and telephone number, and the appellant’s fax and cell phone numbers, if any;
- state the claim number or account number and the date of the Board decision or review body decision being appealed;
- state the reason or reasons for the appeal for each decision appealed;
- attach or include with the notice of appeal a copy of each Board decision or review body decision being appealed;
- if the appellant is represented, include with the notice of appeal a notice of representation in the prescribed form, unless it has already been filed with the Appeals Commission.
2.2(1) Section 11(2) of the Workers’ Compensation Regulation AR 325/2002 ceases to apply with respect to an appeal to the Appeals Commission and is replaced by subrule (1).
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Information note |
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Section 11(2) of the Workers’ Compensation Regulation says “Unless the review body or the Appeals Commission specifies otherwise” a review or appeal must contain certain information. Rule 2.2(1) above is the Appeal Commission “specifying otherwise” and so rule 2.2(1) replaces Regulation 11(2) with respect to information that must be contained in an appeal. |
| Key points to remember in making an appeal |
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if your appeal involves more than one claim, provide all claim or account numbers. This ensures that the Appeals Commission is aware of all of the claims that might be relevant |
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if you have a representative make sure a notice of representation is filed with the Appeals Commission. The rules about appointing representatives are in rule 1.7 [Right to be represented]. All further communications will be with your representative |
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provide a copy of each decision you are appealing if there is more than one |
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clearly identify the issues you are appealing. It helps if you
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use the exact wording from the decision that you are appealing
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identify the page number in the decision the issue is decided |
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if you are appealing more than 3 issues, use the Additional Appeal Issues form |
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it is best to use the Notice of Appeal prescribed form available from the Commission |
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make sure the notice of appeal is signed and dated. |
Deadline for appeals to be received
2.3(1) In accordance with section 13.2(8) of the Act, a notice of appeal must be filed with the Appeals Commission within one year from the date that
- a review body made its decision on a worker’s claim for compensation under section 46 of the Act, or
- the Board made a decision on an employer’s assessment under section 120 of the Act,
unless the time for the appeal is extended under rule 2.4 [Extending the deadline for filing appeals].
(2) A notice of appeal from a Board determination about whether or not a worker, who is a party to a court action, is entitled to compensation under section 21(3) of the Act is not subject to a one year time limit.
Extending the deadline for filing appeals
2.4 The one year time limit within which an appeal must be filed may be extended under section 13.2(9) of the Act only if the chief appeals commissioner considers there is a justifiable reason for the delay.
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Information note |
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Section 13.2(9) of the Act reads: |
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(9) Notwithstanding subsection (8), if the chief appeals commissioner, or the appeals commissioner to whom the chief appeals commissioner delegates the chief appeals commissioner’s duties, considers there is a justifiable reason for a delay, that commissioner may extend, with or without conditions, the deadline set out in subsection (8). |
Division 2
What the Appeals Commission Must
Do After Receiving an Appeal
Request for the Board’s record
2.5 When a notice of appeal is filed with the Appeals Commission, the Appeals Commission must
- send a written request to the Board asking the Board to send to the Appeals Commission the record of the matter being appealed within 10 days of the date of the Appeals Commission’s request, and
- assign a member of the Appeals Commission staff to the appeal and send notice of that fact to the parties and other persons as the circumstances require.
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Information note |
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Under rule 1.15 [Communication with Appeals Commission] all communications outside a hearing must be to the staff person assigned. If the staff person assigned the file is away, another staff person will be assigned to attend to the file.
The Board, in accordance with sections 13.2(5) of the Act, must send its record to the Appeals Commission. Section 13.2(5) of the Act reads: |
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(5) Where a decision or determination is appealed, the Board shall, on request, forward to the Appeals Commission
- the records and information in its possession relating to the decision or determination, and
- the written reasons for the decision or
determination.
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Communication with representatives
2.6 Unless circumstances otherwise require, the Appeals Commission and the staff person assigned to an appeal must communicate with the representative of a party or prospective party, unless no representative has been appointed.
Review of notice of appeal and the Board’s record
2.7 When the record of the matter under appeal is received by the Appeals Commission from the Board, the notice of appeal must be reviewed by the Appeals Commission to ensure that the information in the notice of appeal is complete and accurate.
Acknowledgment of valid appeal
2.8 If an appeal is valid, the Appeals Commission must send a letter to the appellant acknowledging receipt of a valid appeal.
Problems with the appeal
2.9(1) An appeal is invalid if
- the notice of appeal is incomplete because it does not contain or attach all the information required by rule 2.2 [What information an appeal must contain],
- the notice of appeal is inaccurate or incorrect, or
- the notice of appeal is not received in time or within an extension of time permitted under rule 2.4 [Extending the deadline for filing appeals].
(2) If the appeal is invalid but can be corrected, the Appeals Commission must send the appellant written notice of how to correct the appeal or that the appeal must be resubmitted.
(3) The Appeals Commission may refuse to process an appeal unless the appellant corrects the appeal or resubmits it in accordance with the Appeals Commission’s notice.
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Information note |
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The Appeals Commission cannot treat an appeal as a valid appeal unless it follows all the requirements of rule 2.2 [What information an appeal must contain]. The deadline and extensions of the deadline for receiving appeals are contained in rule 2.3 [Deadline for appeals to be received] and rule 2.4 [Extending the deadline for filing appeals].
The only exception to this rule would be if a waiver or variance was obtained under rule 1.5 [Waiver of and non-compliance with the rules]. |
Withdrawal of an appeal
2.10(1) The appellant may apply to withdraw an appeal by filing with the Appeals Commission, at any time before a decision is signed by the Appeals Commission, a written notice of request to withdraw the appeal.
(2) The Appeals Commission may
- accept the request to withdraw the appeal if all the parties agree or if no other party objects to the request, or
- if there is an objection to withdrawal of the appeal, decide whether to accept the request.
Division 3
Response to the Appeal
Notice to persons directly affected
2.11 After the Appeals Commission acknowledges receipt of an appeal as a valid appeal, the Appeals Commission must send a copy of the notice of appeal, the notice of acknowledgement of a valid appeal, and a notice of participation prescribed form to:
- the Board, and
- every person who, based on a review of the record provided by the Board, the Appeals Commission considers may have a direct interest in the appeal.
Time limit for response to an appeal
2.12(1) If the Board or a person who receives a notice of appeal under rule 2.11 [Notice to persons directly affected] wishes to participate in the appeal, they must
- complete the notice of participation prescribed form, and
- file it with the Appeals Commission within 14 days of the date the Appeals Commission notifies them of the appeal under rule 2.11 [Notice to persons directly affected].
(2) If a completed notice of participation prescribed form is not filed in time, or if the person does not apply to extend the 14 day time limit before it expires, that person or the Board, as the case may be, is presumed not to wish to be a party or to participate in the appeal and the Appeals Commission may proceed in the absence of the Board or person without further notice to them.
(3) A person who is presumed not to wish to be a party under subrule (2) may subsequently apply to be a party under rule 2.14 [Application to become a party to an appeal].
Division 4
Parties to the Appeal and
their Rights
Parties to an appeal
2.13 Unless the Appeals Commission decides otherwise, the parties to an appeal are:
- the worker, if the worker is the appellant or otherwise has a direct interest in the appeal,
- the Board, with the rights set out in section 13.2(6)(c) of the Workers’ Compensation Act,
- an employer having a direct interest in the appeal, and
- any other person recognized by the Appeals Commission as a party to the appeal under rule 2.14 [Application to become a party to the appeal].
Application to become a party to an appeal
2.14(1) A person who claims to have a direct interest in an appeal, and who wants to become a party to the appeal, must file with the Appeals Commission as soon as practicable an application for party status with a description of their interest in being granted party status in the appeal.
(2) The application for party status must
- be in writing, signed and dated;
- include the person’s full name, postal address and telephone number, including fax and cell phone numbers, if they have them;
- state the reasons why the person wishes to be a party to the appeal;
- if the applicant is represented, include a notice of representation in accordance with rule 1.7(3) [Right to be represented].
(3) An application for party status is not complete unless it accurately contains all of the information required by subrule (2).
(4) If a person does not file a complete application for party status, or having filed a complete application does not appear, without reasonable explanation, at the hearing of an application to decide party status, that person’s interest is abandoned and the Appeals Commission may decide the application without further notice to that person.
Rights of a party to an appeal
2.15(1) Subject to any limitations imposed under section 2.13 [Parties to an appeal], in addition to the rights of a party under the Act, a party to an appeal has the right to:
- make representations on the type of hearing of an appeal or other matter arising in the course of an appeal,
- receive a copy of documents in the Appeals Commission’s possession that are related to the appeal,
- present evidence,
- call witnesses,
- question or cross-examine witnesses who give evidence at a hearing,
- make submissions on the evidence and issues under appeal
- receive copies of the written submission and evidence provided to the Appeals Commission by the other parties to the appeal, and
- receive a copy of the Appeals Commission decision.
(2) The Appeals Commission may give directions or impose conditions on the matters described in subrule (1).
Appeal documents package
2.16 The Appeals Commission must send to every party to an appeal a dated letter enclosing an appeal documents package containing
- documents that the Appeals Commission considers to be related to the appeal from the record received by the Appeals Commission from the Board,
- a certificate of readiness to proceed in the prescribed form,
- a list of additional documents in the prescribed form,
- a request for hearing in the prescribed form, and
- any other material related to the appeal that the Appeals Commission considers appropriate.
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