There are two formal levels of review within the workers’ compensation system in Newfoundland and Labrador. The Workplace Health, Safety & Compensation Commission (WHSCC) provides the first level through its Internal Review Division.
The other level of review is the Workplace Health, Safety & Compensation Review Division (WHSCRD). The WHSCRD reviews final decisions of the WHSCC. The WHSCRD operates under the authority of the Workplace Health, Safety & Compensation Act (the Act). The WHSCRD is separate and independent from the WHSCC. The WHSCRD reports to Government through the Minister responsible for Service NL.
The mandate of the WHSCRD is to review decisions of the WHSCC to ensure compliance with the Act and Regulations, as well as with the policies of the WHSCC. The WHSCRD is also mandated to direct appropriate remedies where necessary.
The vision of the WHSCRD is an environment where workers and employers participate in an independent, timely and fair review process anchored in a culture of exceptional client service.
Initiatives that provide for continuous improvement in the area of client service remains a priority for the WHSCRD. The WHSCRD provides timely frontline services to its clients in an environment which is respectful, professional and free of bias. The core values of independence, respect and professionalism guide the staff and Review Commissioners of the WHSCRD on a daily basis.
The WHSCRD offers the following services to its clients:
The WHSCRD was established by legislative amendment in 1994. The amendment created an independent review division with the authority to hear and decide review applications resulting from decisions made by the WHSCC. The WHSCRD is the final level of appeal provided by the Act.
Review applications are assigned to WHSCRD Review Commissioners throughout the Province. The Panel of Review Commissioners consists of a Chief Review Commissioner (CRC) and may consist of up to six additional part-time Review Commissioners from various areas of the province. The Review Commissioners conduct hearings throughout Newfoundland and Labrador according to the rules of natural justice and procedural fairness. The Review Commissioners review evidence, conduct hearings, and provide decisions on the outcome of review applications.