Chapter:
GENERAL
Subject:
WORKERS COMPENSATION APPEAL TRIBUNAL DECISION IMPLEMENTATION
Effective Date:
April 1, 2002
Last Updated On:
May 1, 2026
REFERENCE
Workers Compensation Act, RSPEI 1988, c W-7.1., Section(s) 26, 29, 32, 56.1, 56.2
Workers Compensation Act Appeal Regulations, 1988, Section 1
DEFINITION
In this policy:
“Appeal Tribunal” means the appeal body appointed by the Lieutenant Governor in Council established to hear appeals of Internal Reconsideration Officer decisions and any other matter referred to it by the Workers Compensation Board.
“Person with a direct interest” related to a claim decision means the worker or dependants of the deceased worker, the accident employer where the decision has a direct financial, legal or operational impact on that employer, and the Workers Compensation Board.
“Person with a direct interest” related to an employer assessment decision means the assessed employer and the Workers Compensation Board.
POLICY
- A worker or employer may request an appeal of a decision of the Appeals Tribunal. The request for appeal must be made to the Court of Appeal within thirty (30) calendar days of the date of the Appeal Tribunal’s decision.
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The Appeal Tribunal decision being appealed will not be implemented until 30 days following the date of the decision to allow time for persons with a direct interest to appeal.
Where no appeal has been filed, the Workers Compensation Board (WCB) will implement the Appeal Tribunal decision within the next 30 days.
- If an appeal is filed, the WCB will not implement the Appeal Tribunal decision until the Court of Appeal decision has been made.
HISTORY
May 1, 2026 – Non-substantive changes for clarity and readability.
December 10, 2020 - Non-substantive changes to reflect revised definitions in policy, POL-48, Internal Reconsideration.
July 23, 2020 – Non-substantive changes to reflect reference changes.
March 9, 2018 – Policy was reviewed by Chief Executive Officer and Director; no changes required.
December 16, 2010 - The policy was updated as a result of the 60 month policy review process. The name of the policy was changed from “Workers Compensation Appeal Tribunal” to “Workers Compensation Appeal Tribunal Decision Implementation.” Sections that are within the jurisdiction of WCAT were removed from the policy.
April 26, 2005 - Amended to include the definition of “Employer Advisor”.
May 26, 2003 - Amended to ensure the definitions of “Appeal Tribunal” and “Workers’ Advisor” are consistent with the definitions provided in the Workers Compensation Act.
Board of Directors Approval Date: March 28, 2002