Frequently Asked Questions

Is there a time limitation on a review?

Yes. You have 30 days from the date of the internal review decision of WorkplaceNL.

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

Can I Request a Review of any decision of WorkplaceNL?

No. Only cases that have been processed through WorkplaceNL’s Internal Review process may be accepted by WCIRB. Usually, a final decision from WorkplaceNL is signed by an Internal Review Specialist.

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 WorkplaceNL.
  3. If the issue was already reviewed by WCIRB and a decision rendered.
  4. If the issue(s) under review does not fall within the jurisdiction of the WCIRB.

Can I call witnesses to my hearing?

Yes. You may call witnesses. However, witnesses are limited to those individuals who have already submitted documents on your file. For example, a physician, who has not submitted a report on your file at WorkplaceNL 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 WCIRB, in writing, at least two weeks prior to your hearing, if you intend to call witnesses.

Can I bring forward new evidence to WCIRB?

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

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

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

If a decision is in your favour, you should contact WorkplaceNL for details on how your decision will be implemented.

If a decision is not in your favour, no further action will be taken by WorkplaceNL.

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

Yes.

If you are a worker – you may contact the office of the Workers’ Advisor.

If you are an employer- you may contact the office of the Employers’ Advisor.

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

Copies of the Act may be obtained from the Office of the King’s Printer, Ground Floor of the Confederation Building, East Block.

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