You probably heard that the Workers Compensation Appeal Tribunal (WCAT) is the end of the line for WorkSafe BC claims. Often it is, however, did you know that you can ask the WCAT to reconsider its decision?
Yes, you can. Also, there is no time limit to ask for a reconsideration.
So, when should you ask for a reconsideration and how do you do it?
WCAT will only grant a reconsideration of your claim if:
1. you have new substantial evidence not available at the time of the initial decision;
2. natural justice rules were breached;
3. jurisdiction error; or
4. the decision was patently unreasonable.
The new evidence requirement is straight forward to understand. All I have to say is that it must be compelling new evidence and it must not have been available at the time of the initial WCAT decision. Not available doesn’t mean you failed to get it. Not available means had you tried to get it, you would not have been able to do so.
Natural Justice refers to following the rules set out by WCAT. If WCAT breaks its own rules then you are entitled to a reconsideration. For example, if the WCAT didn’t communicate certain deadlines or invite submissions to you.
Jurisdiction error is when the WCAT fails to apply and interpret the law made by the British Columbia Government and/or the Canadian government.
Patently unreasonable error is a decision that cannot be rationally supported. For instance, if the WCAT makes a decision that has no evidence to support it, that would be patently unreasonable.
The above is a very brief overview about WCAT reconsiderations. It is important to know that reconsideration requests are granted only in limited circumstances. I distilled much of the above information from the WCAT website. You can see more in detail about WCAT reconsiderations by visiting the WCAT website located at www.wcat.bc.ca.
