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I WANT TO APPEAL, SO WHAT DO I NEED TO DO?

Appeals | What is an Appeal Hearing? | I’ve been to a hearing, now what happens? | Appeals decision search (Worker Initiated) | Appeals decision search (Employer Initiated) | Appeals Tribunal statistics) | Information / Contact us

Workers, dependants or employers can appeal decisions of WorkSafeNB.

Before submitting an application of appeal to the Appeals Tribunal, ensure you have provided all relevant information to the original decision maker.

The original decision maker is the person who has signed the letter informing you of the decision. In providing all relevant information to the original decision maker, you are ensuring that you obtain all the services and benefits you are eligible to receive without unnecessary delay.

IMPORTANT

Any decision made on or after June 1, 2001 must be appealed within one year of the decision date. The limitation period of one year may be extended by the Appeals Tribunal.

Decisions made before June 1, 2001 will continue to have no time limit.

Any decision by the Chief Compliance Officer under the Occupational Health and Safety Act must be appealed within seven days.

Appeal Process

How To Submit Your Appeal
To submit an application of appeal to the Appeals Tribunal, you do not need to fill out any lengthy forms. However, you must submit in writing the following information:

Your name, address and claim or employer number.
Date of the decision being appealed.
Issue being appealed, as well as your request.
Reasons supporting your appeal.
Your preferred official language.

Your Appeal
Upon receipt of your application of appeal, the Appeals Tribunal:

Determines whether the application is at the Appeals Tribunal level.
Informs all parties involved of the disposition of the application and the appropriate issues.
When appropriate, informs all parties of the option(s) for proceeding with the appeal.
Informs all parties of the date, time, locations and procedure of the hearing.
Prepares and distributes an Appeal Record.

Witnesses
Any party to an appeal may bring (a) witness(es) to the hearing, however, the Appeals Tribunal should be advised in writing at least three weeks 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
Ordinarily, 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 Appeals Tribunal, then such information must be submitted at least three weeks before the hearing date.

Any documents not provided three weeks before the hearing date but presented at the hearing are subject to the acceptance of the Appeals Panel.