Appealing a WCB decisionYou can appeal a decision that has been made about your claim if you disagree with it. Before starting an appeal, discuss the issue or decision with a WCB representative to try and find a solution. If you are still unsatisfied with the decision, two levels of appeal are available to you: The Review Office and The Appeal Commission.The Review OfficeThe Review Office is an independent department of the WCB that reviews primary decisions for compensation or other benefits and is a level of appeal between the primary decision-maker and the WCB Appeal Commission. To begin your appeal, contact the Review Office in writing to explain the decision you wish to appeal and the specific reason why the decision should be reconsidered. The Review Office cannot render any decisions on issues where you have not received a formal, written decision letter from the primary decision maker.Requesting reconsideration of a claim decision Submit your completed Request for Review form identifying the date of the decision you wish to have reconsidered and why you disagree with the decision: by email – ReviewOffice@wcb.mb.ca by fax – 204-954-4999 or toll free 1-877-872-3804 by mail – 333 Broadway Winnipeg MB R3C 4W3 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 require assistance with the appeal, the Worker Advisor Office is a free service available to assist workers. 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 CommissionIf 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.Accessing your information from the WCBProtecting your privacy is of the utmost importance. In addition to respecting and understanding your need and right to privacy, the WCB’s collection, use and disclosure of information are governed by three pieces of legislation: The Workers Compensation Act The Personal Health Information Act (PHIA) The Freedom of Information and Protection of Privacy Act (FIPPA) In accordance with the PHIA and the FIPPA, you have a right to examine and receive your claim file. Your claim file contains personal information and personal health information. You also have a right to authorize someone else to access your claim file. You can request a free copy or update of your file by asking your WCB representative, or by calling the WCB’s File Access Department at 204-954-4453. With proper authorization, copies may also be provided on request to employers and advocates.Employer requests for accessIf your employer requests access to your file on an appeal, you will have 10 business days to provide consent or written objections to the request. You may review the file content in person or request a copy at that time. If you disagree with the WCB’s decision to authorize access to your information to your employer, you can appeal the decision to the chief appeal commissioner.Related linksMedical review panel
