2020 Analysis of Workers' Compensation Laws - 137

Chart XV-Appeal Provisions, cont.
Questions Reviewed
Time for
Appeal

Law and
Fact

Basis for
Review

Jury
Trial

Petition

Yes

Record

No

Decision review bodies
(internal)
Appeals Commission
(external)

In writing

Yes

No

Notice of appeal in
writing

Yes

Record and
written or oral
testimony
Record and
written or oral
testimony

Workers' Compensation
Board Review Division
(internal)
Workers' Compensation
Appeal Tribunal
(external)

Request for review

Yes

No

Appeal or referral

Yes

Record and
written or oral
testimony
Record and
written or oral
testimony

Yes

Record and
written or oral
testimony

No

Yes

Claim file
(written) and/or
oral testimony
Appeal Record

No

Jurisdiction

Administration

To What Court

Longshore
Act

Division of Longshore
and Harbor Workers'
Compensation, Office of
Workers' Compensation
Programs26

30 days
60 days

Benefits Review Board27
U.S. Court of Appeals
U.S. Supreme Court

Alberta

Workers' Compensation
Board

One year
Within one
year prior to
9/1/18, within
two years on
or after 9/1/18;
excusable

British
Columbia

Workers' Compensation
Board

90 days
30 days

Process and
Procedure

Law
Only

No

No

Manitoba

Workers' Compensation
Board

No limit

1st Level-Review Office;
2nd level-Appeal
Commission

Reconsideration by
written request;
Appeal by written request

New
Brunswick

WorkSafeNB Decision
Review Office

90 days

WorkSafeNB Decision
Review Office

Internal review by written
request

Workers' Compensation
Appeals Tribunal

One year
from original
decision
30 days

Workers' Compensation
Appeals Tribunal

Appeal by written request

Yes

New Brunswick Court of
Appeals

Appeal by Notice of
Appeal28

Yes

30 days

Workplace Health, Safety
and Compensation Review
Division

Written request

Yes

Record and oral
testimony

No

Workers' Safety
Northwest
and Compensation
Territories
and Nunavut Commission

Three years

Review Committee, Appeals
Tribunal

Appeal in writing

Yes

Record and
written or oral
testimony

No

Nova Scotia

Workers' Compensation
Board

30 days
30 days
30 days

Hearing Officer
Appeals
Tribunal Court of Appeals

Deliver, mail, or fax form
Deliver, mail, or fax form
Leave to appeal

Yes
Yes
Yes

Oral or paper
Oral or paper
Jurisdiction

No
No
No

Ontario

Workplace Safety
and Insurance Board
(internal appeals
branch).

Six months or
longer if the
tribunal permits

Workplace Safety and
Insurance Appeals Tribunal
(independent appeals
tribunal)

Notice of Appeal in
writing must be filed with
the tribunal

Yes

Yes

De novo

No

Prince
Edward
Island

Workers' Compensation
Board

90 days

Internal Reconsideration
Office
Independent Appeals
Tribunal

Internal Reconsideration
Office and Independent
Appeals Tribunal is by
written request, and
the Court of Appeal is
by written request with
leave.

30

Yes, in
Record
respect to the
Independent
Appeals
Tribunal;
No, in respect
to the Court
of Appeal (the
court may
review on a
question of law
or jurisdiction).

No

Notice (medical facts
only)
Appeal
Appeal, recourse joint
board

Yes

Yes

No

New Brunswick Court of
Appeal

Newfoundland and
Labrador

Québec

WorkplaceNL

30 days

Commission des
normes, de l'équité,
de la santé et de la
sécurité du travail

30 days

Court of Appeal

30 days

Bureau d'evaluation
medicale
Review
Tribunal administratif du
travail.

30 days
45 days

2020 Analysis of Workers' Compensation Laws | 137

29

Yes
Yes

Medical file and
examination;
File only;
Conciliation
offered

No
No
2020 Analysis of Workers' Compensation Laws

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