Employment Law Library

Our library contains very general information about various areas of the law. It is written by lawyers who are listed in our directory and provide legal coaching or limited scope legal services.

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Workers' Compensation:
Workers' Compensation Reviews and Appeals

Workers' Compensation Reviews and Appeals

If WCB has denied your claim or made a decision that you do not agree with, then you have one year to seek review before the Dispute Resolution and Decision Review Body (the "DRDRB"), which is an internal department of the WCB. It is imperative that your review request is filed before the expiry of the one-year limitation period. Further, the DRDRB will only review the aspects of your file that you articulate as the basis for review. For these reasons, it is often beneficial to seek assistance from a lawyer who can identify critical facts and improper application of WCB's policies relating to your claim.

Where the DRDRB makes a decision that you wish to dispute, then you must apply for an appeal to the Commission within one year of the DRDRB decision (or two years, if the decision was dated between September 1, 2018 and March 31, 2021).

While the Commission, like the WCB and DRDRB, is established under the WCA, it is independent from the WCB. With respect to factual findings, the Commission's decisions are generally final; however, it is possible to apply for reconsideration to the Commission within six months of either its appeal decision or the availability of new evidence.

Finally, you may appeal the Commission's decision to the Alberta Court of Queen's Bench on an error of law or jurisdiction. The Court, however, will not reassess the factual findings of the WCB, the DRDRB, or the Commission, and is limited by the appropriate standard of review relating to the specific legal issue of your case.

Appeals before the Commission or the Court are complex, and a lawyer can assist with identifying appealable issues, obtaining or interpreting new evidence, and/or representing you through the appeal process.



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Workers' Compensation:
Workers' Compensation Reviews and Appeals

Authors

Content by Justin Harlton of Evolution Law (Edmonton)

Last updated on November 11, 2022

This page has not yet received a complete review.

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