When is a WCB Claim Not a Claim?
Nobody wants or likes a Workers’ Compensation (WCB) claim, not workers nor employers, but the reality is that work-related accidents do happen. While the majority of work-related claims are relatively straightforward, resolved quickly, and adjudicated appropriately, there are situations that are more complex, contentious, and/or less obvious. They require a closer look to determine whether they are an acceptable WCB claim. Employers are entitled to a) question the validity of these cases, b) have the rationale for acceptance explained, and c) appeal any decision made on a claim— including acceptability. Whether it is because of worker-related issues, worksite related incidents, or other outside factors, there are times when employers get frustrated and want to question the acceptability of a WCB claim. A tremendous amount of time, energy, and resources can be wasted trying to fight a WCB claim, more often than not without success. The result can be increased claims […]
Beyond the Dispute Resolution & Decision Review Board: Appeals Commission for Alberta Workers’ Compensation
So the WCB-Alberta has made a decision on an injured worker’s claim and, as the employer, you do not agree with the decision. You have talked to the WCB decision maker, likely a Claim Manager or Claims Adjudicator, without success. You have discussed the issue with a supervisor, have had no luck with the Dispute Resolution and Decision Review Board(DRDRB) and still you are not in agreement with the decision that was made. What can you do now? Is there another level of appeal? Is there a way to get an impartial hearing to voice your grievance? The WCB Appeals Commission: The Appeals Commission for Alberta Workers’ Compensation is exactly that. The WCB Appeals Commission (AC) is the final level appeal for decisions made by the DRDRB and the most formal of all levels of appeal. It is a quasi-judicial tribunal established by and operating under the Alberta Workers’ Compensation […]
WCB Dispute Resolution and Decision Review Board
Although the WCB Alberta is committed to making fair decisions on claims, with rationale that is understood by all interested parties, not everyone is always in agreement when a decision is made. Every WCB claim is different because each work-related accident is unique unto itself. There are enough similarities in the types of accident, types of injury, methods of treatment, durations of disability and return to work plans that allow claims to be processed within structured WCB policies, procedures and guidelines. However, these standards and protocols do not always allow for the individual nuances and circumstances of a claim to be taken into consideration when decisions are made. What happens when an employer disagrees with a decision made on an injured worker’s claim or doesn’t understand the reason why a decision was made? Every employer has the right to question and request a review of any decision made on a […]
Workers’ Compensation Lawsuit Settlements Explained
On the night of February 26, 2014, a charter plane carrying a number of local government workers crashed on the Hawaiian Island of Lanai, killing three people and seriously injuring three more. All six were deemed workers; and as a result, workers’ compensation claims were opened, approved and benefits issued accordingly. On May 2, 2014, a third-party lawsuit was filed against the responsible airline, Maui Air, which remains in litigation. An article, published in The Maui News on March 19, 2016, quoted one crash survivor addressing the Maui County Council, asking them to allow the survivors and the families of the deceased to be awarded all of the settlement money from the lawsuit with the airline. By law, worker’s compensation is set up to be the first payor in the event of a work-related accident or injury, regardless of any other coverage or benefits that may be available to the […]