This is essentially the first step toward a decision. If the commissioner is satisfied there is merit to the case, a hearing will be held and an oral decision would be made immediately with a formal, written decision to follow. Following an appeal to WCAT, an injured worker or employer must have their case heard within 60 days, with a formal, written decision to follow within 30 days. The committee recommends the grounds for appeal to the Court of Appeal be changed to those contained in the former Act. Once a decision has been reached at WCAT, a worker is unable to try the same appeal again.
Closure needs to be given to the thousands of individuals currently tied up in the appeals system.
The committee recommends the following streamlined appeals process, with legislated timelines for decisions, will bring this assurance to the system.