What are the procedures and process from time of an initial WorksafeNB denial?
By: Mike Murphy, QC, Senior Partner
After a WorksafeNB claim has been denied there is an initial appeal process conducted by the Decision Review Office, the steps to follow are outlined in brief below:
Once a claim is denied, a claimant can request a review by the Decision Review Office
This is done by filling out the Decision Review Form (https://www.worksafenb.ca/media/60757/decision-review-form_.pdf)
Must request within 90 days of the original decision (if it is past 90 days, the form states you must first request an extension with reasons for the late application)
Must do this before proceeding to appeal to Workers’ Compensation Appeals Tribunal
A Decision Review Specialist conducts a review; 4 possible outcomes:
Confirm the decision;
Revoke the decision;
Vary the decision; or
Suspend original decision and return to the original decision maker for reconsideration.
Decisions of the Decision Review Office are appealed to the Workers’ Compensation Appeals Tribunal
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