Appealing a WCB Decision
Can I appeal a WCB decision?
Yes. If you are a worker or a dependant of a deceased worker, you can appeal any WCB decision that affects your entitlement to benefits.
Is there any time limit for me to appeal a WCB decision?
No. There is no time limit for appealing WCB decisions. Although you can appeal a decision months or years later, the longer you wait the harder it may be to find evidence to support your appeal.
Can my employer appeal an issue on my claim?
Yes. Your employer can also appeal any decision made by the WCB on your claim. If your employer initiates an appeal, you will be notified by the WCB and given the option to participate in the appeal.
Do I need a copy of my claim file?
Yes. A complete copy of your claim file is useful in understanding why the WCB has made its decision, and may contain evidence that can support your appeal. The WCB will provide you with one free copy of your file if you call the WCB File Access Coordinator at 204-954-4453. You can ask for periodic updates of your file at any time. If you need another copy of your file, the WCB will charge you for it.
If the Worker Advisor Office is helping me, do I need to provide them with a copy of my file?
No. The Worker Advisor Office will obtain a copy of your file from the WCB once you have given us permission in writing. The WCB will not provide us a copy unless you have given your permission.
What do I need to do before appealing a decision made by the WCB?
When the WCB makes a decision, you will get a letter explaining the decision and reasons. If you’ve been told a decision has been made but have not received a letter, ask for it. The written decision from the WCB will help you prepare your argument for an appeal.
If you have new information, you can submit it to the WCB and ask the person who made the decision for reconsideration before submitting a formal appeal.
Who makes the decisions at the WCB?
Most decisions are made by the case manager (or adjudicator) assigned to your claim. They are responsible for managing your claim and making decisions about your benefits. You should be in regular contact with your case manager, and discuss any concerns or questions about your claim.
If you disagree with a decision made by your case manager, you can appeal to the WCB’s Review Office.
What is the Review Office?
The Review Office is a formal level of appeal at the WCB and is staffed by senior WCB employees. They consider written appeals and have the power to keep, modify or overturn a case manager’s decision. The Review Office may also refer the file back to the case manager for further investigation.
How do I appeal to the Review Office?
To appeal a case manager’s decision to the Review Office, explain in writing what you disagree with and why you believe the decision is wrong. You can provide additional information to the Review Office with your appeal, but this can result in your claim being returned to the case manager for further consideration or investigation. We can help you decide what to include in an appeal to Review Office.
Do I need to appear in person when appealing to the Review Office?
No, appeals to Review Office are made in writing. However, Review Office may call you if they need additional information or want to clarify an aspect of your appeal.
What if I disagree with the Review Office decision?
If you obtain more evidence to support your argument, you can submit it to Review Office and ask them to reconsider their decision. You can also ask Review Office to look at your appeal again if you believe something was not properly considered. The Review Office will consider further appeals as long as there is new information that affects the claim.
If there is no new evidence to support your position and you believe the Review Office decision is wrong, you can appeal to the Appeal Commission.
What is the Appeal Commission?
The Appeal Commission is a panel of three persons who are appointed by the Government to represent the interests of the public, workers, and employers. They are not employees of the WCB. The Appeal Commission is the final level of appeal, and normally you will only get one opportunity to present your argument. It is very important that you have all evidence available before you file your appeal.
The Appeal Commission will ask you if you want to make a written submission or have an oral hearing. Most appeals are done by an oral hearing where you and your representative, if you have one, make a presentation and answer questions from the panel members.
The Appeal Commission will consider all information on the file as well as any evidence or arguments you provide for your appeal. They can also ask for further information from your medical practitioners. Once they have all the information they need, they will make a decision. This decision is final, and cannot be reconsidered except in very limited circumstances.
What if I disagree with an Appeal Commission decision?
The Appeal Commission is the last level of appeal. Since their decision is final, it is important to prepare, gather and present all information for your appeal.
Reconsideration of a decision made by The Appeal Commission can only occur in very limited circumstances. To learn more, visit The Appeal Commission’s website at www.appeal.mb.ca.
Contact the Worker Advisor Office
Telephone: 204-945-5787 or
Toll free at 1-800-282-8069 (ask for the Worker Advisor Office at ext. 5787)
Fax: 204-948-2020
E-mail: [email protected]
This is a general overview and the information used is subject to change. For detailed information, please refer to current legislation including The Workers Compensation Act.
