Yes. You have 30 days from the date of the 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.
No. Only cases that have been processed through WorkplaceNL’s Internal Review process will be accepted by WHSCRD. Usually, a final decision from WorkplaceNL is signed by an Internal Review Specialist.
A Request for Review application may be rejected:
- If your application is outside the time limits prescribed by the Act.
- If you have not completed the internal review process within WorkplaceNL.
- If the issue was already reviewed by WHSCRD and a decision rendered.
- If the issue(s) under review does not fall within the jurisdiction of the WHSCRD.
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 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 WHSCRD, in writing, at least two weeks prior to your hearing, if you intend to call witnesses.
No. The file of information used for the Review will be confined to only 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.
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:
- Did WorkplaceNL make an error in processing your claim?
- Did WorkplaceNL correctly apply the applicable Sections of the Act?
- Has WorkplaceNL correctly applied the appropriate Policies?
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.
If a decision is in your favour, you should allow WorkplaceNL several weeks to receive and review your decision to determine its impact on your case. You should then 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. Your case remains closed.
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 Queen’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.