Not all workers’ compensation – workplace safety and insurance board/commission decisions are fair, just or even consistent with the law. Fortunately appeal mechanisms exist that allow parties to challenge unfavourable decisions. But appeal procedures vary considerably province to province and can be complex, confusing and even intimidating.
Compcore can help.
Our lawyers have appeared before appeal bodies in all the common law provincial workers’ compensation jurisdictions. Not only do we understand workers’ compensation law, appeal procedures and rules of evidence, our legal team has many years of experience drafting detailed and comprehensive workers’ compensation written appeal submissions on behalf of employers and representing businesses at workers’ compensation oral hearings.
Among the many workers’ compensation – workplace safety and insurance law issues that exist, Compcore lawyers’ appeal experience include, but is not limited to:
- claim filing limitation period appeals;
- claim file access disputes;
- initial entitlement appeals including recurrence and aggravation claims, stress claims, claims for psychological injury, chemical exposure claims, occupational disease claims and claims for chronic pain entitlement;
- loss of earnings – wage loss benefits rate calculations;
- return to work issues including workplace parties’ obligations, failure to cooperate, the duty to accommodate, employment termination and non-compliance issues and level of disability-suitability of work concerns;
- re-employment breach cases;
- permanent impairment award concerns including thresholds and quantum;
- labour market re-entry and retraining eligibility requirements, assessments and cooperation issues;
- appeal limitation period and extension of time appeals;
- cost relief requests;
- employer experience rating classifications;
- negligence – transfer of costs appeals;
- applications to statute bar civil proceedings; and
- tribunal reconsiderations.
While most workers’ compensation board-commission decisions are not published some workers’ compensation tribunal decisions are available on tribunal websites and/or the Canadian Legal Information Institute website. A list of our lawyers’ published decisions is located on the Published Decisions link in the upper left corner of this website page. We also refer employers to the link titled Sample Appeal Work for interesting case synopses.