Introduction
Injured workers who wish to overturn a Workers’ Compensation Board (WCB) decision may be tempted to hire a
WCB lawyer and seek resolution in the court system. However, it is important to recognize that courts are often hesitant to intervene in the decisions of specialized administrative tribunals like the WCB. In this article, we’ll discuss why relying on WCB lawyers to launch a court battle might not be the most effective approach, and explore alternative strategies that could yield better outcomes.
The Judicial Deference to Tribunal Decisions
Courts tend to defer to the decisions of specialized administrative tribunals, acknowledging their expertise in their respective jurisdictions. The expertise stems from the tribunal’s knowledge of the subject matter, application of relevant legal principles, and experience in handling similar issues. Consequently, courts are generally reluctant to question the decisions of tribunals such as the WCB, which can make overturning a decision in the court system an uphill battle.
The Value of Exhausting Administrative Remedies
Before considering hiring a
WCB lawyer, it’s crucial for injured workers to exhaust all available administrative remedies. This includes applying for a Reconsideration of the initial WCB decision, which offers an opportunity to present new evidence or challenge the decision based on perceived errors in law or fact. Additionally, contacting the Office of the Ombudsman may be helpful in addressing procedural concerns or ensuring the proper application of policies and procedures.
The Benefits of Seeking Expert Advice from WCB Advocates
Before resorting to hiring a WCB lawyer, it’s worth considering the assistance of a WCB advocate who can provide expert guidance and support throughout the appeals process. WCB advocates have a deep understanding of the system and can help identify the most effective strategies to strengthen your case. Their experience can prove invaluable in presenting a persuasive argument before the Appeals Commission and can potentially save time and resources compared to pursuing a court-based challenge.
The Appeals Commission as a More Effective Alternative
Rather than pursuing a court-based challenge with a WCB lawyer, injured workers should consider returning to the Appeals Commission to present or reframe their grievances. By focusing on newly discovered facts or identifying different appealable issues, claimants may be able to persuade the Commission to reconsider its decision. The Appeals Commission is better equipped to evaluate the nuances of a worker’s compensation claim, and its familiarity with the system allows for a more efficient and effective resolution of disputes.
Conclusion
In conclusion, attempting to overturn a WCB decision through the court system can be a difficult and unfruitful endeavors. The principle of judicial deference means that courts are usually unwilling to interfere with the decisions of specialized administrative tribunals like the WCB. Therefore, injured workers should first exhaust all administrative remedies, such as a Reconsideration Application and contacting the Office of the Ombudsman. Additionally, seeking advice from a
WCB lawyer can provide valuable insights and guidance throughout the process. Returning to the Appeals Commission with new information or different appealable issues may be a more successful strategy. By considering all available options and resources, injured workers can make informed decisions and potentially achieve a more favorable outcome.
