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Prepare for a hearing

Your appeal hearing is your opportunity to “state your case”. It’s the time and place that an appointed hearing chairperson will consider the evidence of your case, and then render a decision. Appeals are typically heard by a hearing chairperson alone, but in exceptional circumstances the chairperson may assign a panel to hear an appeal.

All relevant information should have been submitted to the original decision maker before filing your appeal. Otherwise, such information should be provided to WCAT as early as possible—no later than 20 days before the hearing date. Any documents presented at the hearing that were not received 20 days before the hearing date are subject to the acceptance of the hearing chairperson. New documents may also delay your appeal process, as the hearing may need to be adjourned to allow WorkSafeNB 14 days to review the new information.

Most appeals will be resolved by an oral hearing, however the chairperson may decide that the appeal is to proceed by written submission only. Either way, all parties will be notified. 

 

Oral hearings

In an oral hearing, the hearing chairperson (or panel) meets with the person submitting the appeal, other parties involved, and their representatives. An oral presentation can also proceed by video or telephone conference. Hearings are held in regions throughout the province in the official language chosen by the person submitting the appeal, and are recorded. The decision is based on the Appeal Record, and oral and written submissions. 

Any party to an appeal may bring witnesses to an oral hearing. However, you must advise WCAT in writing 10 days before the hearing date. This notice must include the names of the witnesses and the purpose of having them attend the hearing.

The recording-secretary at the hearing will provide you with a form indicating that you attended the hearing. To be reimbursed for your eligible travel costs, return this form to WorkSafeNB. You may also be reimbursed for lost wages in accordance with WorkSafeNB policy.

 

Written submission hearings

In the case of a written submission hearing, the hearing chairperson (or panel) reviews your case in the absence of the person submitting the appeal, other parties involved, or respective representatives. The decision is based solely on the Appeal Record and written submissions.

 

After the hearing

Once your hearing is complete, the hearing chairperson (or panel) will consider the documentary and oral evidence, and render a final decision within 90 days. WCAT decisions, orders, and rulings are final, and delivered in writing to WorkSafeNB and all other parties as soon as possible.

If your decision is favourable, WorkSafeNB will administer claim management and implementation of the ruling.

If your decision is not favourable, you may consider appealing to the New Brunswick Court of Appeal. If you decide to appeal a WCAT decision, apply to WCAT for a statement of the facts within 30 days of receiving WCAT's decision.

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