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Appeals and reconsiderations

If you disagree with a decision made by Assessment Services and Compliance Services, you can request a reconsideration of the decision.  The steps below outline the reconsideration process. 

1. Contact original decision maker

The first step in the reconsideration process is to contact the decision maker to discuss the decision and attempt to reach a resolution. If you have new, or additional information that the original decision maker may not have, be sure to provide the new information so they can take it into consideration. This step helps to ensure all information is identified and that you understand the reason for the decision. 

2. Submit reconsideration request to Review Office

If you continue to be dissatisfied after discussing the decision with the original decision maker, you may submit a request for reconsideration to the Review Office. All requests for reconsideration must be submitted in writing. Be sure to include your account number, the issue you want addressed and information that should be considered when the decision is reviewed.  

Ways to submit your request for reconsideration:   

  • by email – ReviewOffice@wcb.mb.ca 
  • by fax – 204-954-4999 or toll free 1-877-872-3804  
  • by mail – 333 Broadway Ave.  Winnipeg MB  R3C 4W3 

You may also use the Employer Request for Reconsideration Form to submit your request in writing. 

Note: If your account has a balance owing during the reconsideration process, you are still required to remit payment to avoid interest charges. Decisions resulting in financial adjustments (i.e. reversing or reducing penalty amounts) will be retroactively applied to your account. 

3. Review process 

Once a reconsideration request has been assigned to a review officer, an initial claim review will take place. Reconsiderations are reviewed in the order they are received. The Review Office will acknowledge the reconsideration by advising the worker, employer and their authorized representatives that a reconsideration request has been received. The other party is given the option to participate in the reconsideration. If they choose to participate, an information sharing process, along with notice to all parties, will be followed. 

An initial review will be done to determine if the Review Office can proceed with a reconsideration of the issue. The review officer considers the available information and decides if the issue under appeal can be reconsidered, if further investigation is required or if new information has been received that has not been reviewed by the primary decision maker. If further investigation is required or if new information has been received that has not been previously considered by the primary decision maker, the issue under appeal will be sent back to the original decision maker to provide an updated decision with a written decision letter after further investigation has been conducted and/or the new information considered. 

Should new information be submitted during the reconsideration process, it will be provided to the parties participating in the reconsideration for their response before the Review Office renders a decision. 

Once a decision has been made, a letter outlining the Review Office decision, including the legislation, policies and reasons for the decision, will be sent. 

The length of time for the review process will vary, depending on the issues under appeal, the information sharing process or if further investigation is required. The Review Office strives to complete the majority of decisions within 60 days from the date the reconsideration is listed in the Review Office. 

If you disagree with the Review Office’s decision and have new information that has not been previously considered by the Review Office, you can submit a new request for reconsideration along with the new information to the Review Office. 

The Review Office uses file reviews to decide appeals. Please refer to Policy 20.10 Reconsiderations for more information.

The Appeal Commission

If you are still not satisfied after receiving your decision from the Review Office, the final appeal option available is the Appeal Commission. 

The Appeal Commission is the highest level and the final avenue of appeal for any primary decisions, compliance or assessment issues. Although the Appeal Commission functions separately from the Workers Compensation Board, it is bound by the rules set out in The Workers Compensation Act. 

Only issues previously appealed at the Review Office level will be considered. To begin an appeal with the Appeal Commission, request an assessment appeal form by contacting the scheduling coordinator at 204-925-6114 or by fax at 204-943-4393. Outside Winnipeg, please call toll-free. 

Please visit the Appeal Commission website for more information.

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