Interpretation

1  In this regulation:

"Act" means the Workers Compensation Act;

"board" means the Workers' Compensation Board;

"chairman", "vice chairman" or "member" means the chairman, a vice chairman or another member of the review board, including a temporary vice chairman or a temporary member of the review board;

"panel" means a panel of the review board;

"review board" means the Workers' Compensation Review Board established by the Act.

 Chairman

2  (1)  The chairman has responsibility for the general administration of the review board and may

(a) appoint a registrar, and if he deems necessary a deputy registrar, from among its members,

(b) assign duties he considers advisable to the members, designate the matters in which they shall act, the place where they shall act and supervise the carrying out of their duties,

(c) subject to any agreement made under section 93 (4) of the Act, employ such staff and make such provision for facilities and equipment as he considers necessary for the efficient operation of the review board,

(d) assign the duties he considers advisable to the staff of the review board and supervise the carrying out of their duties, and

(e) determine the type of records to be kept of the proceedings of the review board.

(2)  The chairman may designate a vice chairman to be acting chairman during his absence and the acting chairman will have all the powers and authority of the chairman.

 Panels

3  (1)  The chairman shall

(a) establish panels of the review board,

(b) appoint members to the panels to ensure composition in the manner set out in subsection (2),

(c) terminate appointments made and fill vacancies, and

(d) assign appeals to the panels.

(2)  A panel shall be composed of

(a) the chairman or a vice chairman as presiding member and 2 other members, one of whom shall have a background associated with employer interests and one of whom shall have a background associated with worker interests,

(b) the chairman as presiding member and 2 vice chairmen, or

(c) the chairman or a vice chairman sitting alone.

(3)  The chairman may reassign any appeal from one panel to another before evidence is taken on the appeal by the panel to which it was originally assigned.

(4)  Where a person ceases to be a member, he may, with the approval of the chairman, carry out and complete any duties or responsibilities and continue to exercise any powers that he may have had if he had not ceased to be a member in relation to a specific proceeding in which he participated.

(5)  Where a member is unable to complete his duties or responsibilities on a panel, the chairman may

(a) appoint a member, including himself, to replace that person,

(b) direct that the remaining persons comprising the panel constitute a quorum for the determination of an appeal, and that the findings of the quorum shall be the decision of the panel, or

(c) exercise his authority under subsection (3).

 Registrar

4  (1)  At the direction of the chairman, the registrar shall be responsible for determining all administrative matters pertaining to the filing of and completion of an appeal before the review board and shall carry out the following duties:

(a) supervise staff assigned to him by the chairman;

(b) review all appeals filed with the review board to determine their compliance with section 90 of the Act and these regulations;

(c) correspond with parties to an appeal to ensure compliance with the requirements for pursuing a valid appeal and to suspend appeals where these requirements are not met after due notice to the affected party;

(d) ensure that all issues raised by an appeal have been disposed of before the claim file is returned to the board;

(e) refer claim files to an officer of the board where a matter under appeal has not been considered in the first instance.

 Procedure

5  (1)  An appeal to the review board shall be filed at its office or at an office of the board.

(2)  An appeal shall

(a) be in writing signed by the appellant or his agent,

(b) specify the decision being appealed and state why, in the opinion of the appellant, the decision is incorrect, and

(c) set out the remedy sought.

(3)  Where the grounds of appeal relate to evidence that was apparently not considered by or disclosed to the officer of the board, the written appeal must contain

(a) the names and addresses of any witnesses to be produced,

(b) a description of any documentary evidence to be offered, and

(c) if the evidence is additional medical evidence, a short statement as to how the evidence will affect the decision under appeal.

(4)  If subsections (2) and (3) are not fully complied with, the review board may require the appellant to file with it a completed notice of appeal in the form determined by the review board.

(5)  The registrar shall acknowledge receipt of every appeal made to the review board and provide a copy to the respondent together with a notice of appearance.

(6)  A respondent, who wishes to participate in the appeal, shall file the notice of appearance with the registrar within 21 days from the date of dispatch of the notice under subsection (5).

 Submissions and evidence

6  (1)  Where the review board does not conduct an oral hearing, it shall permit parties to the appeal to make written submissions.

(2)  The review board shall consider relevant information and argument submitted to it by or on behalf of a worker, employer or dependant, whether made orally or in writing.

(3)  The review board may require and receive medical or other evidence and information on oath, affidavit or otherwise as in its discretion it considers proper to make a fair decision.

(4)  The review board may require a worker to attend for examination by a physician chosen by the review board.

(5)  The review board shall, in determining whether or not a record in its possession, including a medical report, should be disclosed to a worker, employer or other person, follow the practice of the board.

(6)  The review board has the right to examine an original or copy of a record in the board's possession that relates to a matter under appeal.

 Expenses

7  (1)  The review board may order the board to reimburse a person for the cost incurred in

(a) attending an oral hearing,

(b) obtaining a medical report submitted to the review board, or

(c) attending an examination required under section 6 (4).

(2)  The amount of costs authorized under subsection (1) shall not exceed the rates paid by the board for similar services.

 General

8  (1)  All records of the review board, other than personal notes kept by a member, shall be delivered to the board following the finding of the review board.

(2)  Subject to the Act, all reasonable time limits set by a panel for the due conduct of an appeal shall be complied with unless waived by the chairman or the panel.

(3)  Where forms are set by the review board, they shall be used in the proceedings before the review board.