Reconsiderations Policy 21-114 | Effective Date: May 26, 2026

Policy

WorkSafeNB makes a variety of decisions throughout the life of a claim. This includes adjusting a claim as the circumstances of a claim changes, as provided by section 46 of the Workers’ Compensation Act.

While WorkSafeNB decisions are intended to be final and conclusive there are two ways they may be changed:

• Though a reconsideration performed under subsection 22(1) of the Workplace Health Safety and Compensation Commission and Workers’ Compensation Appeal Tribunal Act; and
• Though an appeal, by either the Decision Review Office (DRO) or the Workers’ Compensation Appeals Tribunal (WCAT).

Reconsiderations

A reconsideration may take place when new evidence becomes available that could have changed the outcome of a decision had the evidence been available when the decision was made.

Initial decision-makers may reconsider a decision if:

• The decision at issue has not been the subject of a WCAT or DRO decision; and
• The initial decision-maker is satisfied that new evidence has become available or has been discovered that is material to the decision and substantial.

The DRO may reconsider a decision if:

• A request is made to consider new information concerning a decision that has been the subject of a DRO review;
• The decision at issue has not been the subject of a WCAT decision; and
• The DRO is satisfied that new evidence has become available or has been discovered that is material to the decision and substantial.

When new evidence that is relevant to the decision becomes available as part of the decision review process, the DRO will consider the new information as part of its review.  If the DRO determines more information is required considering the new evidence, the DRO may request that the initial decision-maker reconsider the decision.

Interpretation

Tests

1. To reconsider a decision, the evidence must meet the following tests:

• It is new;
• It is material to the decision; and
• It is substantial.

2. Evidence is new when it:

• Did not exist at the time of the decision; or
• Existed but could not, through reasonable diligence, have been discovered by the worker or employer at that time.

Information is not new evidence when it is:

• An opinion on evidence, where the evidence was available to the original decision-maker;
• Information that reiterates, reaffirms or is an argument about information that is already on file; or
• Information that simply summarizes or restates information that was considered by the decision-maker when the decision was made.

3. New evidence is material to the decision if it is relevant to an issue that was the subject of the past decision.

4. New evidence is substantial when it is important or significant, such that it could have potentially affected the outcome of the decision had it been known at that time. Substantial evidence includes new scientific information or objective findings that may refute past conclusions.

Information that is inconsequential and would not have impacted the past decision does not meet the test of substantial.

Reconsideration by initial decision-making level

5. The initial decision-maker may reconsider a decision when:

• New information is brought to the initial decision-maker’s attention by the client or another party; or
• The DRO asks the initial decision-maker to reconsider their decision.

6. In these cases, initial decision-makers may reconsider the decision provided it has not been the subject of a WCAT or DRO decision and the information meets the three tests for a reconsideration. If all three tests are not met, this will be communicated to the client. 

7. The initial decision-maker must provide a new decision letter once it has been determined if a reconsideration can occur based on the new information.

Reconsideration by the DRO

8. The DRO may reconsider its decision review when a client submits a request for reconsideration to the DRO. This request must reference the information that forms the basis of the request. 

9. When the issue has not been the subject of a WCAT decision and the information meets the three tests for a reconsideration, the DRO may reconsider the decision review, and a new decision letter will be issued. If all three tests for a reconsideration are not met, this will be communicated to the client.

10. When the DRO determines more information is required, either to confirm that there is new information that is material to the decision and substantial, or to compete the reconsideration, the DRO will instruct, on a case-by-case basis, the initial decision-making level on next steps.

11. For more information on the DRO please see Policy 46-500 Review of Decisions by the Decision Review Office.

Appeals

12. At the initial decision-making level, reconsideration decisions, or decisions to not conduct a reconsideration, can be submitted for review by the DRO within 90 days of the reconsideration decision.

13. At the DRO level, reconsideration decisions, or decisions to not conduct a reconsideration, can be appealed to WCAT within one year of the reconsideration decision.

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