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BEFORE YOU FILE AN APPEAL

 

 

​You must have a written decision from the Dispute Resolution and Decision Review Body (DRDRB) before you can file an appeal with the Appeals Commission.

Under the Workers' Compensation Act (WCA), the Appeals Commission is the final level of appeal for workers and employers who disagree with a DRDRB decision.

WORKERS' COMPENSATION ACT

The Workers' Compensation Act:

  • sets out how the workers' compensation system operates

  • indicates that the Workers' Compensation Board (WCB) can create policies

  • confirms what the Appeals Commission can do (its jurisdiction)

  • sets timelines in appealing decisions to the Appeals Commission

  • gives the Appeals Commission the authority to create its own rules and guidelines

 

Section 13.1(1) of the WCA says that the Appeals Commission can hear appeals from decisions made by the WCB review body, the DRDRB.  Read more about the WCA.

DEADLINE FOR FILING AN APPEAL

Section 13.2(8) of the WCA states that, from the date of the DRDRB decision, you have one year to submit an appeal to the Appeals Commission.  There is an exception for decisions made on or after September 1, 2018 and before April 1, 2021 where you have two years to submit an appeal from the date of the DRDRB decision.

EXTENSIONS

​If you are out of time to file an appeal, you can apply for an extension of time. See section 13.2(9) of the WCA. You will have to provide the reason(s) why you did not appeal within the time limit. Read more about Extending Time to Appeal (Practice Guideline #4).