These regulations set out how to start a workers compensation appeal, what each side must file, that filing the appeal does not stop the appealed decision, and that the Tribunal may extend prescribed times.
c t WORKERS COMPENSATION ACT APPEAL REGULATIONS PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this regulation, current to April 5, 2014. It is intended for information and reference purposes only. This document is not the official version of these regulations. The regulations and the amendments printed in the Royal Gazette should be consulted on the Prince Edward Island Government web site to determine the authoritative text of these regulations. For more information concerning the history of these regulations, please see the Table of Regulations on the Prince Edward Island Government web site (www.princeedwardisland.ca). If you find any errors or omissions in this consolidation, please contact: Legislative Counsel Office Tel: (902) 368-4292 Email: legislation@gov.pe.ca Workers Compensation Act Appeal Regulations Section 1 c WORKERS COMPENSATION ACT Chapter W-7.1 APPEAL REGULATIONS Pursuant to section 80 of the Workers Compensation Act R.S.P.E.I. 1988, Cap. W-7.1, Council approved the following regulations made by the Workers Compensation Board of Prince Edward Island: 1. Filing of appeal An appeal shall be commenced by filing with the Workers Compensation Appeal Tribunal five copies of a written notice of appeal which includes the following information: (a) the name, address, telephone number and claim or employment number of the appellant; (b) the date of the decision being appealed; (c) the grounds of appeal and relief requested. (EC357/95;493/04; 185/14) 2. Appellant’s materials, etc. for appeal Within 30 days after filing the notice of appeal, the appellant shall file with the Workers Compensation Appeal Tribunal five copies of any materials and submissions, arguments or reasons upon which the appellant intends to rely at the hearing of the appeal. (EC357/95) 3. Distribution of materials The Workers Compensation Appeal Tribunal will distribute filings as appropriate and as received to the Workers Compensation Board, the appellant and all other parties who have a direct interest in the matter. (EC357/95) 4. Respondent’s materials Within 30 days after receiving the materials, submissions, arguments or reasons of the appellant, the Workers Compensation Board and all other parties who have a direct interest in the matter and who choose to be involved in the appeal, shall file with the Workers Compensation Appeal Tribunal five copies of the materials, submissions, arguments or reasons upon which they intend to rely. (EC357/95) c t Updated April 5, 2014 Page 3 Section 5 Workers Compensation Act Appeal Regulations 5. Effect of filing The filing of an appeal does not operate as a stay of proceedings under the decision appealed. (EC357/95) 6. Extension of time On application by a party, the Workers Compensation Appeal Tribunal may by order extend any time prescribed by these regulations on such terms as are, in the opinion of the Workers Compensation Appeal Tribunal, appropriate. (EC357/95; 185/14) Page 4 Updated April 5, 2014 t c