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The WHSCRD Review Process

• Pre-requisites for a Review
• Applying for a Review
• Check List
• Acceptance of Request for Review Application
• Review Process Chart

Pre-requisites for a Review

Your first review is conducted within the WHSCC through its Internal Review Division. A final decision must be made at this level before a case can be heard by the WHSCRD.

You have thirty days from the date of the final decision of the WHSCC to apply to the WHSCRD and initiate an external review. The WHSCRD may not accept your Request for Review application if it is not filed within the appropriate time frame.

If the thirty day time limit has elapsed for filing your Request for Review application you must submit an Extension of Time Application form . The Chief Review Commissioner upon receipt of this form may grant an extension of time.

A Request for Review can be filed by an injured worker, their dependent or an employer. Issues under review can include wage loss benefits, dependency benefits, disputes caused by the assignment of an employer to a particular group, medical aid benefits, etc.

The review process from application to decision takes 60 days to complete.

The WHSCRD will not review a WHSCC decision after twelve months.

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Applying for a Review

To initiate the review process, a Request for Review application form must be completed and forwarded to our office. The application must contain information on the worker, authorized representatives and the employer, the date of the decision you wish to have reviewed, the reasons why you believe the decision is incorrect, and a brief outline of the type of benefit you are seeking from the WHSCC. Failure to include any of this information can cause a delay in processing your review application.

Applications are available from the WHSCRD office or you may forward a letter containing your name, address, telephone number, WHSCC claim number(s), your accident employer’s name and complete address, the date of your decision and the reasons you are applying for a review to the WHSCRD.

Employers who also wish to initiate a review may complete the Request for Review application form including their firm’s information such as WHSCC Firm Number, the firm’s name, address, telephone number and contact person. The date of the WHSCC decision to be reviewed and the reasons why it is believed to be incorrect must also be included, as well as the remedy requested.

Any party planning to have representation during the review process, must complete and submit an Authorized Representative Consent form consenting to the release of information to their representative.

For workers and employers who plan to have representation during the review process, an Authorized Representative Consent form must be completed giving your approval for the representative to act on your behalf.

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Check List

• Have you included a copy of your final decision from the WHSCC?
• Have you listed all claim numbers or the firm number involved in your review?
• Have you provided the following information:
  • The final WHSCC decision date.
  • Your complete mailing address and phone number.
  • The complete address and telephone number of the accident employer or the name of the employee if this is an employer review.
  • Have you stated the reasons why you disagree with the WHSCC's decision?
  • Have you stated the type of benefits or remedy requested you believe you are entitled to?
• Have you made the WHSCRD aware of any person who will be representing you by submitting an Authorized Representative Consent form?
• Any information omitted from your Request for Review application form may cause a delay in processing your review.

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Acceptance of the Request for Review Application

Worker

Once your Request for Review application has been received, a letter is sent to the WHSCC to advise them that you are requesting a review of their decision.

The WHSCRD will then request the WHSCC to confirm that the issues stated on the application have been finalized at the WHSCC. A copy of your file will also be requested. After receiving the WHSCC's reply, a letter is sent to you and your accident employer (if applicable) on the status of your application. This usually takes 10-14 days after the application is received.

When your application is accepted your case will be assigned to one of the WHSCRD's Client Services Representatives (CSR). The CSR becomes the WHSCRD contact and he or she will assist you during the review process.

Employer

In the case of an employer’s Request for Review application, a letter is sent to the WHSCC to advise them you have requested a review of their decision.

After receiving the WHSCC’s reply, a letter is sent to you and the worker (if a worker is involved) on the status of your application. This usually takes 10-14 days after the Request for Review application is received.

For employers who have been notified in writing that a Request for Review application has been submitted by one of its employees, an Employer’s Notice of Intention to Participate form must be filled out and returned to the WHSCRD office within 14 days of receipt of correspondence.

When your application is accepted, it is assigned to a CSR at this office, who will contact you with a hearing date.

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Review Process Chart

Download the Review Process chart .

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