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Frequently Asked Questions

1. Is there a time limitation on a review?
2. Can I Request a Review of any decision of the WHSCC?
3. Under what circumstances would my Review Application be rejected?
4. Can I call witnesses to my hearing?
5. Can I bring forward new evidence at the WHSCRD?
6. How is the decision on my case made?
7. How long will the review process take?
8. What happens after I receive a decision from the Review Commissioner?
9. Is there someone who can provide some assistance with my case?
10. Where can I obtain copies of the Workplace Health, Safety, and Compensation Act (the Act) and WHSCC Policies?

1. Is there a time limitation on a review?

Yes. You have 30 days from the date of the decision of the Workplace Health, Safety and Compensation Commission (WHSCC).

An extension of time may be provided by the Chief Review Commissioner, but no extension will exceed one year from the date of the WHSCC's decision.

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2. Can I Request a Review of any decision of the WHSCC?

No. Only cases that have been processed through the WHSCC's Internal Review process will be accepted by the WHSCRD. Usually, a final decision from the WHSCC is signed by an Internal Review Specialist.

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3. Under what circumstances would my Review Application be rejected?

A Request for Review application may be rejected:

1. If your application is outside the time limits prescribed by the Act.
2. If you have not completed the internal review process within the WHSCC.
3. If the issue was already reviewed by the WHSCRD and a decision rendered.
4. If the issue under review does not fall within the jurisdiction of the WHSCRD.

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4. Can I call witnesses to my hearing?

Yes. You may call witnesses. Witnesses, however are limited to only those individuals who have already submitted documents on your file. For example, a physician, who has not submitted a report on your file at the WHSCC cannot provide testimony at your hearing. You are responsible for any costs associated with calling witnesses, as well as proper service of the subpoena. You must advise the WHSCRD, in writing, at least two weeks prior to your hearing, if you intend to call witnesses.

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5. Can I bring forward new evidence at the WHSCRD?

No. The file of information used for the Review will be confined to only the same information that was available to the WHSCC at the time of their Internal Review decision. Any new evidence that you may acquire must be submitted to the WHSCC for a decision before it will be accepted by the Review Commissioner.

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6. How is the decision on my case made?

The Review Commissioner will review your file and hear all the information provided at your hearing. Following this, he or she will decide the following:

1. Did the WHSCC make an error in processing your claim?
2. Did the WHSCC correctly apply the applicable Sections of the Act?
3. Has the WHSCC correctly applied the appropriate Policies of the WHSCC?

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7. How long will the review process take?

The WHSCRD must process your application within sixty days. It is important, therefore, that you are ready to participate in your case as soon as possible. In some situations, postponements are given but in the interest of fairness to all parties the WHSCRD will not put your case on hold indefinitely.

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8. What happens after I receive a decision from the Review Commissioner?

If a decision is in your favour, you should allow the WHSCC several weeks to receive and review your decision to determine its impact on your case. You should then contact the WHSCC for details on how your decision will be implemented.

If a decision is not in your favour, no further action will be taken by the WHSCC. Your case remains closed.

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9. Is there someone who can provide some assistance with my case?

Yes.

If you are a worker - you may contact the office of the Worker's Advisor.

If you are an employer- you may contact the office of the Employer's Advisor.

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10. Where can I obtain copies of the Workplace Health, Safety, and Compensation Act (the Act) and WHSCC Policies?

Copies of the Act may be obtained from the Queen's Printer, Ground Floor of the Confederation Building, East Block.

Copies of the Act and Policies are also available at the WHSCC office or through their website .

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