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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. 

 

Telephone conference hearings

** As a result of COVID-19 precautions all hearings are proceeding via telephone conference, video conference, or written submissions. In-person hearings will only be held in exceptional circumstances **

Hearings that proceed by telephone conference (teleconference) will be audio only hearings via a telephone connection. Arrangements for the telephone conference will be made through the Scheduling Coordinator and the Notice of Hearing will include the date, start time, and instructions on how to join and participate in the telephone conference. Telephone conference hearings will proceed in the official language chosen by the appellant and are recorded. The decision rendered will be based on the Appeal Record, the presentations made by the parties during the hearing and any other information relied upon by the Chairperson. 

On the day of the hearing, WCAT asks that you take some time before the hearing to ensure that your telephone is working, that your room is set up appropriately, and that there are no privacy or connectivity issues. If you are using a cell phone, please have a charger on hand. At least 10 minutes before the start of the hearing participants should call into the conference using the number provided on the Notice of Hearing. For privacy reasons it is important that the dial-in information for the telephone conference is not shared with any individuals who are not legitimately participating in the hearing.

For more detailed information on telephone conference hearings please click here.

 

Video conference hearings

** As a result of COVID-19 precautions all hearings are proceeding via telephone conference, video conference, or written submissions. In-person hearings will only be held in exceptional circumstances **

Hearings that proceed by video conference will use the Zoom platform. If for any reason Zoom does not work properly then the Chairperson may convert the hearing into a telephone conference in order to continue with the hearing. Arrangements for the video conference will be made through the Scheduling Coordinator and the Notice of Hearing will include the date, start time, and instructions on how to join and participate in the video conference. Video conference hearings will proceed in the official language chosen by the appellant and are recorded. The decision rendered will be based on the Appeal Record, the presentations made by the parties during the hearing and any other information relied upon by the Chairperson. 

On the day of the hearing, WCAT asks that you take some time before the hearing to ensure that your room and background are set up appropriately, and that there are no connectivity or privacy issues. If you are using a laptop, please have a charger on hand. At least 10 minutes before the start of the hearing participants should go to the Zoom website (www.zoom.us) and join the hearing with the sign-in information provided by WCAT, the Chairperson will then admit you to the video conference when he or she is ready to start. For privacy reasons it is important that the sign-in information for the video conference is not shared with any individuals who are not legitimately participating in the hearing.

For more detailed information on video conference hearings please click here.

 

Written submission hearings

** As a result of COVID-19 precautions all hearings are proceeding via telephone conference, video conference, or written submissions. In-person hearings will only be held in exceptional circumstances **

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.

 

In-Person hearings

** As a result of COVID-19 precautions all hearings are proceeding via telephone conference, video conference, or written submissions. In-person hearings will only be held in exceptional circumstances **

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.

 

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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