HAS YOUR WORKERS COMPENSATION CLAIM BEEN DENIED?

UFCW 247 is proud to be able to assist members with their WCB appeals. If your claim has been rejected without good cause, you should contact us without delay. We will assist you by completing the required paperwork and will represent you through this lengthy and often confusing process.

In order for us to assist you, we will require a copy of the decision letter from WCB. Upon receipt of this document, we will forward you an information package containing forms for you to complete and return to us. If these forms are not completed and returned, we will be unable to assist you with your appeal.

We will forward a copy of your WCB Claim for you to review, and give you an opportunity to advise us in writing of any information that is incorrect. We will also assist in writing any required submissions as well as represent you at an oral appeal when appropriate.

As the Appeal process can often take a year or more, you should apply for any benefits available under your Collective Agreement and/or Employment Insurance benefits.

WHAT TO DO WHEN YOU ARE INJURED AT WORK?

If you are injured on the job, it is critical that the injury be reported no later than 72 hours from the time the injury took place. You should report to first aid for treatment and documentation of the injury and make certain that management is aware of your injury. You should also complete the Workers Report of Injury, paying close attention to the cause of the injury. Record important details such as the specific mechanism of the injury, including factors such as weight and height of any objects involved. Also make note of any witness that observed the accident. Report to your Doctor without delay, if medical attention is needed and make certain that the Doctor is aware that it was a work related injury.

These simple steps can make the difference between a successful claim and a lengthy Appeal process.

The following is a brief outline of some of the recent changes regarding the compensation appeal system.

WORKERS' COMPENSATION APPEAL TRIBUNAL

On October 10, 2002 the provincial government introduced a new Workers' Compensation Amendment Act which changes the compensation appeal system as we know it to be. Bill 63 received Royal Assent on October 31, 2002. The new appeal body is called the Workers' Compensation Appeal Tribunal (WCAT).

The new Workers' Compensation Appeal Tribunal is to be established on March 3, 2003.

Key Features:

Two-level system.


• One level for a review (by the Review Division of the Workers' Compensation Board)
• One level for an independent external appeal (WCAT).

These bodies replace the Review Board Appeal Division and Medical Review Panels.



1. The Workers' Compensation Review Board ceases to exist on March 3, 2003.
2. The new system: The Review Division will begin operation on March 3, 2003. The Review Division will begin processing new requests starting March 3, 2003.

The new system in block form below explains the time frame for appeals:

• Internal Reviews to Replace the Review Board. Instead of the current right to appeal an unfair decision to an independent tribunal, Bill 63 only allows the worker to request a review by the Board's internal review officers. These officers, including the chief review officer who has some special powers such as granting an extension of time, will simply be WCB employees hired by the Board.

• Time Limits for Applying for an Internal Review will be 90 Days: Generally, workers or employers must appeal to the Board's Internal Review officers within 90 days of the WCB decision.

• Most Internal Review Decisions will be made within 5 Months (150 Days): The amendments will require that the internal review officers complete their review of the Board's decision within 150 days of the date when the request for review is made.

• Time Limit For Appealing to the new Appeal Tribunal Will Usually be 30 days. If the worker or employer is unhappy with the outcome of the internal review, they must appeal to the new Appeal Tribunal within 30 days. The transition provisions will preserve any longer time limits.

• Most Appeal Tribunal Decisions must be made within 6 months (180 Days) of Receiving the Claim File from the Board: As with the internal review process, this general time limit can be extended by the chief appeal commissioner due to the complexity of the matter.

• Direct Appeals from WCB to the Appeal Tribunal: Certain types of appeals will go directly the new Appeal Tribunal without the decision first being reviewed internally. These include appeals over a decision regarding alleged discrimination by an employer against a worker for making a claim, or reporting a safety violation. The 90-day limit also applies to appeals from a decision by the Board to reconsider (or to refuse to reconsider) a previous decision.

• Special Medical Appeals (MRP's) are Abolished.

For further information or if you have any questions please contact your full-time Union Representative.