Workers - WorkSafeNB

[appeals]
Can my employer appeal a decision on
my claim?
Yes. You and your employer both have an interest
in your claim, with similar rights to fair and
equal treatment. You are both entitled to
appeal a decision made on your claim, and will
be notified in the event that an appeal is filed.
As well, you are both entitled to attend any
Appeals Panel hearing relating to your claim.
If your employer files an appeal relating to
your claim, you can access the free services
of a workers’ advocate, or elect to retain the
services of a lawyer or other representative, at
your own expense. Like you, your employer
can also enlist assistance with an appeal. They
can access the services of an employers’ advocate,
free of charge, or they can retain the services
of a lawyer or other representative at their
expense.
Can I go to court?
Courts have limited jurisdiction over workers’
compensation matters since the legislation also
creates an appeal process. If you disagree with
a decision, you cannot go directly to court. Any
decision, order or ruling may be appealed to
the Appeals Tribunal. If you are dissatisfied with
the decision made by the Appeals Tribunal you
may then, under certain circumstances, appeal
that decision to the Court of Appeal. The Court
of Appeal will usually only hear cases where
there is evidence that the Appeals Tribunal
made a mistake in interpreting the law, or
where the Appeals Tribunal had no jurisdiction
to make the decision that it made.
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