Feb 032017
 

By Gerald

What is the point of having the Office of the Appeals Advisor represent a worker through out the appeals process and if there is an error in law, jurisdiction or mixed fact and law, a worker is forced to pay a lawyer a retainer, costs and disbursements to represent the worker on judicial review that can result in tens of thousands of dollars in costs to a worker who does not have the financial ability to ensure that justice is done or seen to be done. Either separate the Office of the Appeals Advisor from WCB Legal Services or change the legislation specific to the Legal Procedures Act that would allow a representative of a worker to represent the worker before the courts.

Another major problem exists when the Appeals Commission is by legislation given more power than the courts. When a  superior court directs that the Appeals Commission reconsider their decision, the Appeals Commission can refuse to reconsider their decision and are allowed by legislation to give the finger to the court. A worker then has to go back to the court to have the direction of the court upheld. This brings total disrespect to the whole system when a the Appeals Commission can by legislation disrespect an order of the court and refuse to comply with the decision of a court. Further to this under the Rules of Natural Justice a body cannot try their own case and when a superior court makes a ruling, the Appeals Commission should have to appeal the decision to the Alberta Court of Appeals like every one else has to do.