Review and appeal

The Decision Review Office is here to review WorkSafeNB decisions if you disagree with the original decision. 

Our mandate is to review decisions under the Workers’ Compensation Act, the Firefighters’ Compensation Act, the Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act and the Government Employees’ Compensation Act.

Although a part of WorkSafeNB, the Decision Review Office operates independently and is guided by impartiality. The Decision Review Office reports directly to WorkSafeNB's General Counsel.  

Workers and employers are required to complete the decision review form which will be acknowledged in writing from the Decision Review Office to determine if a decision review can proceed.

We are committed to reviewing your decision to ensure it has been made in accordance with legislation, policy, and the merits of your case. The Decision Review Office does not contact the worker, employer or their representative by telephone during the review process to discuss pending or completed reviews. The review consists of a review of the information in the file. When a review is requested, new information cannot be presented.  If you wish to present new information, it should be sent to the original decision maker.

As of January 1, 2020:

• You must have your decision reviewed by the Decision Review Office before proceeding to appeal; and
• You must request the review within 90 days after the original decision date.

If you disagree with a decision

If you disagree with a decision, a Decision Review Office will conduct an impartial paper-based review. This review will have one of four possible outcomes

• Confirm the original decision: Confirm means accepting, approving, or verifying the decision.
• Revoke the original decision: Revoke means annulling, repealing, rescinding or cancelling a decision. 
• Vary the original decision: Vary means changing or altering the decision, which included the ability to reverse the decision and to make the decision that the reviewer thought should have been made initially.
• Suspend the original decision: Suspend means stopping, interrupting, postponing or staying the review; possibly temporarily. This outcome is used only when there was insufficient evidence to make the original decision and the reviewer cannot determine if the outcome is correct. (Retroactivity will depend on the merits of each individual case and applicable legislation and policy).

The DRO decision is WorkSafeNB’s final decision. If you disagree with this decision, you can file an appeal with the Workers’ Compensation Appeals Tribunal (WCAT). The WCAT will contact you directly about your appeal. Advocate Services can help you file an appeal. Their services are free.

Injured workers, employers or their representatives can request a review by: 

• Completing the Decision Review Form and forwarding it to the Decision Review Office (Please note this form is not compatible with Mozilla Firefox or Chrome. We recommend using Internet Explorer.)
• Contact  the Decision Review Office email, phone or fax. 

Contact the Decision Review Office:
1 Portland Street
Saint John, N.B. E2L 3X9
Email: decisions@ws-ts.nb.ca
Toll-free: 1 800 999-9775
Fax: 506 642-0720