Workers Compansation Appeals Trubunal

Your appeal will be considered by a hearing chairperson, chosen by the chairperson of the WCAT. Most appeals will be heard by a hearing chairperson acting alone; however, in exceptional circumstances, the chairperson of the WCAT may assign a panel to hear an appeal.

The chairperson of the WCAT shall decide if the appeal is to proceed by oral hearing or by written submission and shall notify the parties accordingly. Most appeals will be resolved by oral hearing; however, the chairperson of the WCAT may decide that the appeal is to proceed by written submission and shall notify the parties accordingly.

Types of hearings

  • An oral presentation is a hearing where the hearing chairperson (or panel) meets with the person submitting the appeal, other parties involved and respective representatives. An oral presentation can also proceed by video conference or telephone conference. The decision is based on the Appeal Record, oral, and written submissions. The proceedings are recorded.
  • written submission hearing is where the hearing chairperson (or panel) reviews the Appeal Record in the absence of the person submitting the appeal, other parties involved or respective representatives. The decision is based on the Appeal Record and written submissions.

WorkSafeNB can participate in an appeal to the WCAT involving any question as to the interpretation or application of the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, the Workers' Compensation Act, the Firefighters' Compensation Act or the Occupational Health and Safety Act or the policies approved by WorkSafeNB.

The WCAT holds its hearings in regions throughout the province in the official language chosen by the person submitting the appeal.

Witnesses
Any party to an appeal may bring a witness or witnesses to the hearing, however, the WCAT should be advised in writing 10 days before the hearing date.

The notice must include the name(s) and the purpose of having the witness(es) attend the hearing.

New documents or reports
All relevant information should have been submitted to the original decision maker. However, if this was not possible and it is necessary to submit documents to the WCAT, then such information should be provided to the WCAT as early as possible but in any event no later than 14 days before the hearing date.

Any documents not received 14 days before the hearing date but presented at the hearing are subject to the acceptance of the hearing chairperson.

 

After your hearing is finished, the hearing chairperson (or panel) will consider the documentary and oral evidence, and render a decision. All parties will be informed in writing of the WCAT’s decision and reasons. WCAT decisions, orders or rulings are final and are delivered in writing. If your decision is favorable, it will be sent to WorkSafeNB for implementation.

Should your decision not be favorable, the other option you may want to consider:

Court of Appeal
Any decision, order or ruling of the WCAT is final but is subject to an appeal to the New Brunswick Court of Appeal involving any question as to jurisdiction or law.

Any party intending to appeal to the New Brunswick Court of Appeal must, within 30 days of receipt of the WCAT's decision, order or ruling, apply to the WCAT for a statement of the facts.