How to File a Appeal
In order to appeal a decision of your Case Manager, the Decision must be a FINAL decision of the WCB on that issue. To be a FINAL decision, it must be in writing and the Case Manager must have given you information in the decision or covering letter that you have 30 days in which to appeal it.
Here is what you need to do to appeal:
Obtain a copy of the Notice of Appeal to the Hearing Officer form.
The form cannot be filled in online. You must print it off, fill it out by hand and mail or fax it to the address on the top of the form. If you do not have access to a printer, contact the WCB, our office or the office of your MLA to obtain the form. If you do not have a fax machine your MLA will fax it for you.
If you live in the Halifax Region Municipality you can deliver the form in person.
Fill in the form as completely as you can.
Workers need not fill in Section A(2), as that is for Employers who wish to appeal a decision.
Part B: DECISION TO BE APPEALED is usually the most difficult to fill out. You need to name the person who made the decision. This is usually the person who signed the decision. Their signature will be at the bottom of the decision. You must also provide the date of the decision. This is usually at the top of the page.
The 30 day period to appeal a decision does not begin until 5 working days (Monday to Friday) after the date on the postage stamp on the envelope your decision letter arrived in.
This part also asks you to identify what you think is wrong in the decision and what you are asking the appeals division to do about it (the remedy you are seeking). You do not need to use legal terms to describe this – your own words are best. If you need assistance with this part, contact our Worker Counsellor for help.
The second page (back) of the form is to provide the Hearing Officer with information about who will represent you in the appeal.
If you plan to represent yourself, tick “Yes”.
If you have a lawyer or other representative, fill in the details for contact with that person.
If you wish to have someone from the Workers’ Advisors Program (WAP) represent you, tick “No” but leave the name of your advisor blank, as one will not have been assigned to you until after you apply to them for that service.
WAP is a free service provided to injured workers in Nova Scotia, providing representation in appeals arising under the Workers’ Compensation Act. They cannot provide assistance on case management matters, and cannot assist you in filling out the Notice of Appeal. For further information about WAP, click here.
Fax or mail the form to the Hearing Officer within the time set out in step 2. Keep a copy for your own records.
If you have additional information you wish the Hearing Officer to consider make sure you include copies of that with your Notice of Appeal. Remember the Hearing Officer will obtain a copy of your complete WCB file, so there is no need to send them anything you know is already on file.
If you wish to have representation from WAP, contact them at this point (click here). When speaking to the receptionist, make sure she is aware that you have already filed your Notice of Appeal to the Hearing Officer.
Appeals to the Hearing Officer take time, so be prepared to wait. You should receive a letter from them within 4 weeks confirming that they have received your paperwork and asking if you have any further information to send them. Your representative will also receive a copy of that letter. Make sure you send any additional information you have to the Hearing Officer within the time set out in that letter.