About WCAT

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The Workers’ Compensation Appeal Tribunal (WCAT) is an independent organization that workers or employers can go to if they want to appeal a decision from WorkSafeBC.

WCAT is the final level of appeal in the B.C. workers’ compensation system. It has authority to decide appeals about specific types of work-related matters outlined in sections 288 and 289 of the Workers Compensation Act.

The Review Division at WorkSafeBC provides the first level review for decisions about compensation, vocational rehabilitation, assessment and occupational health and safety (prevention). Some Review Division decisions cannot be appealed to WCAT.

Get an overview of the appeal process

How WCAT operates

Processes are governed by Part 7 of the Workers Compensation Act, which includes guidance for WCAT’s organizational structure, jurisdiction, limits of responsibilities and functions.

Operations

WCAT will strive to provide:

Predictable, consistent, and efficient decision making
Independent and impartial decision making
Succinct, understandable, and high-quality decisions
Consistency with the Workers Compensation Act, policy, and WCAT’s precedent decisions
Communication within the workers compensation system while safeguarding WCAT’s independence
Integration and communication within the workers compensation system
Accountability through performance management
Appropriate balance between efficiency (timeliness and stewardship of scarce resources) and effectiveness (quality decision making)
Prompt, knowledgeable and responsive client service
Interpretive guidance for the workers compensation system

Decision making

WCAT will provide a decision with reasons within 180 days from the date that WorkSafeBC provides a copy of the file – more time may be required for complicated appeals
WCAT will apply WorkSafeBC policies unless the policy is inconsistent with the Workers Compensation Act
WCAT will follow its own precedent decisions unless it involved different circumstances
If the evidence is evenly balanced on a compensation issue, WCAT will decide the issue in favour of the worker. On assessment and prevention issues, WCAT will make its decisions on a balance of probabilities
WCAT decisions are final and conclusive

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The Manual of Rules of Practice and Procedure (MRPP) defines how WCAT operates according to legislation. It includes rules of practice and procedure, practice directives and guidelines to make sure that appeals are handled in a just, timely, efficient and effective way.

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Our team

The chair provides leadership to WCAT and sets the strategic direction of the Tribunal. The chair is the chief adjudicator and is also responsible for making lawfulness of policy decisions and delegation or procedural decisions.

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This includes, receiving and registering notices of appeal, determining whether appeals meet the requirements of the Workers Compensation Act, determining whether WCAT has jurisdiction to hear the appeal, proposing the appeal method, and assigning appeals to WCAT panels. The registrar’s office also manages the written submissions process and schedules oral hearings. The registry consists of the Registrar, Deputy Registrars, a senior registry officer, assessment officers, appeal coordinators, intake, registration and scheduling clerks and support staff.

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Appeals are considered and decided by a “panel.” A panel usually consists of one vice chair. The chair may assign a three-member panel in complex appeals, or a precedent panel if the matters in an appeal are of special interest or significance to the entire workers’ compensation system. After considering an appeal, the panel makes the final decision and gives written reasons.

Learn more about the role of vice chairs

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This includes, managing the MRPP, responding to inquiries or complaints from the public or via the B.C. Ombudsperson, responding to inquiries under the Freedom of Information and Protection of Privacy Act, reviewing applications for reconsideration, and representing WCAT in judicial reviews. The TCO consists of Tribunal Counsel, the Vice Chair of Quality Assurance and Training, legal counsel, a medical coordinator, and support staff.

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Reports

About WCAT

How WCAT operates

Principles that guide operations and decision making

Operations

Decision making

Manual of Rules of Practice and Procedures (MRPP)

Delegation and procedural decisions

Our team

The chair’s office oversees the work of vice chairs and makes specific decisions

The registry administers the appeal process

Vice chairs consider appeals and make a final decision

The tribunal counsel office provides legal support and training to the chair and vice chairs

Reports

Annual reports

Quarterly reports

2024

2023

2022

2021

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