There may be times when you disagree with a claim decision and an objective review of the decision can be helpful. Reporting to WorkSafeNB’s General Counsel, the Decision Review Office (DRO) operates independently of WorkSafeNB’s case management, adjudication and benefit payment services. The team is committed to reviewing your decision to determine that it was made consistent with legislation, policy and the merits of the case.
* The DRO does not review decisions made under the Occupational Health and Safety Act. For these decisions, please see OHS Appeals, Deviations and Variances.
Yes. We’ll inform you in writing if your request meets the requirements for a review. From that time, you can expect a decision within four weeks.
Yes. Please contact Advocates Services. The team helps workers and employers with matters relating to workers’ compensation. Their services are free.
As per New Brunswick legislation, you must request the review within 90 days after the original decision date. The original decision date is located on the letter you received from WorkSafeNB.
What are possible reasons my decision may not qualify for a review?
• It's not the type of decision we review. The decision must be made under the Workers’ Compensation (WC) Act, Firefighters’ Compensation (FC) Act or the Workplace Health Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal (WHSCC & WCAT) Act.
• The decision isn’t within our legal mandate. Examples: New Brunswick’s Workers’ Compensation Appeals Tribunal (WCAT) has decided on the matter already or we communicated a policy change in advance that could affect a future decision (ex. travel expenses).
• The decision isn’t ready for a review. Examples: new information has been submitted with the decision review application that needs to be sent to the original decision maker, actions occurring at the initial level that impact the disputed issue, etc.
• The decision is not in scope of our reviews. Client service complaints, occupational health and safety matters or privacy breach concerns have other complaint or review procedures.
• The application does not fall within required timeframe. The DRO does not review decisions made before January 1, 2020. The application must also be made within 90 days of the original decision. (There are exceptions if the DRO determines the late application is justified. Please see policy for more detail on justifiable situations.)
• The original decision did not address information related to the review request concern.
Once a review is requested, new information cannot be presented to the Decision Review Office. If you wish to share new information, send it directly to the person assigned to your claim. Their contact information is on the original decision letter. WorkSafeNB will determine if the new information is relevant to the decision.
The DRO doesn't contact the worker, employer or their representative by telephone during the review process. The process consists of a review of the information in the file. You will receive a written communication from the DRO when your review is complete.
If you need help completing the application or have questions on the process, please contact Advocates Services. The team helps workers and employers with matters relating to workers’ compensation. Their services are free.
Yes. As per New Brunswick legislation, you must have the decision you disagree with reviewed by the DRO first before proceeding to an appeal through the Workers’ Compensation Appeals Tribunal (WCAT).
Yes. You can add up to 10 decisions for review within the same application. In the Decision Review section, select “Add Another Decision.” The decisions must be related to the same claim number.
