Appeal Rules

Division 2
Appeals Commission Decisions

• Who makes the decision
• What controls Appeals Commission decisions?
• New or additional information
• What decisions can the Appeals Commission make?
• Signing the decision
• Effective date of decision
• Notification and distribution of decision
• Technical errors and omissions
• Clarification

Who makes the decision  [back to top section]

4.14(1) Only the commissioners on a panel that hear or consider a matter may decide that matter.

(2) The decision must be in writing, and

1. include findings of fact on which the decision is based,
    
2. state the conclusion reached, and
   
   
3. give reasons for the decision.

1. the Workers’ Compensation Act;
    
2. the Workers’ Compensation Regulation (AR 325/2002);
    
3. when it is applicable, the Firefighters’ Primary Site Cancer Regulation (AR 102/2003);
    
4. any other Act or regulation that applies to the matter the Appeals Commission has to make a decision about.

(2) The Appeals Commission is also bound by the Workers’ Compensation Board of Directors’ policy relating to the matter under appeal. However, that policy is not binding on the Appeals Commission if it is inconsistent with the Act or regulations under the Act.


New or additional information  [back to top section]

4.16 If, before a decision is made on an appeal, evidence that was not available before the hearing becomes available, or if evidence available before the hearing but which could not, on reasonable and justifiable grounds, be produced at the hearing, becomes available, the Appeals Commission may

1. consider whether the evidence should be presented;
    
2. provide an opportunity for every other party to review the information and make submissions on it and its relevance;
    
3. consider reopening the hearing to hear evidence related to the information;
    
4. consider giving notice to the Board and other parties to hear representations on the application of Board policy, the Act or the regulations with respect to the information.

What decisions can the Appeals Commission make?  [back to top section]

4.17 Under section 13.2(6) of the Act, the Appeals Commission may

1. confirm, reverse, or vary a decision under appeal;
    
2. refer any matter back to the review body or Board that made the decision for further action or decision, with or without directions.

1. the appellant,
    
2. the Board, and
    
3. every other party to the appeal.

(2) The decision, or a version of it modified to protect confidentiality or privacy, must also be placed on the Appeals Commission’s web site unless the Appeals Commission decides that to do so would be inappropriate or unnecessary in the circumstances.

Technical errors and omissions  [back to top section]

4.21(1) Subject to rule 4.22 [Clarification], after a decision becomes an official decision of the Appeals Commission, the panel that heard and decided the appeal has no further authority to review and change their signed decision, other than to correct

1. obvious slips, typographical errors,
    
2. errors of calculation,
    
3. misstatements and technical errors, or
    
4. omissions in its decision.

(2) These corrections may be made without first giving notice to the parties but the parties must subsequently be promptly notified of the correction.

Clarification  [back to top section]

4.22 Under section 13.2(7) of the Act, the panel of the Appeals Commission making a decision may clarify any directions given in respect of a decision at the request of an affected person or the Board.
 

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