DRDRB decision implementation
Procedure summary
Published On
| Purpose | To review and implement Dispute Resolution and Decision Review Body (DRDRB) decisions fairly, consistently and without unnecessary delay, while keeping the requester informed and supported throughout the process. |
| Description | The supervisor reviews the DRDRBAn internal review body established under sections 9.3 and 9.4 of the Workers’ Compensation Act, responsible for reviewing adjudicative and employer account decisions when requested by a person with a direct interest in the decision. An internal review body established under sections 9.3 and 9.4 of the Workers’ Compensation Act, responsible for reviewing adjudicative and employer account decisions when requested by a person with a direct interest in the decision.decision and, if required, assigns the claim to a decision maker (i.e., case manager or adjudicator) to implement the decision. The decision maker reviews the DRDRB decision and any alternate direction provided. If needed, they develop a plan to implement the decision which may include reviewing benefits and services available to the worker. Throughout the implementation process, they maintain communication with the requester. If the worker or employer is receiving interim relief (IR) while awaiting the decision, the decision maker reviews the resolution specialist's direction and actions the benefits accordingly. In some cases, IR will be recovered from any resulting wage loss payments following a DRDRB decision. |
| Key information | When a worker, employer, dependantA dependant is a spouse/adult interdependent partner or child(ren) of a worker who died as a result of their work accident. A dependant is a spouse/adult interdependent partner or child(ren) of a worker who died as a result of their work accident.or their authorized representativeAn authorized representative may include a worker or employer representative, or an advisor from the Advisor Office. Refer to the 9-4 Authorizations: Worker and employer representatives procedure. is dissatisfied with the decision made by Customer Service (CS), the decision maker and/or their supervisor works with them to understand their concerns and clearly explain how the decision was made and the Workers' Compensation Act (WCA) or policies that support it. When an issue cannot be resolved, the decision is first reviewed internally by Customer Service (CS). If the issue remains unresolved following the CS review, a further review may be requested from the DRDRBAn internal review body established under sections 9.3 and 9.4 of the Workers’ Compensation Act, responsible for reviewing adjudicative and employer account decisions when requested by a person with a direct interest in the decision.. The DRDRB conducts the second-level internal review to determine whether the decision is consistent with the facts and applicable legislation and policy and has the authority to change the decision if it is not. Note: The requester must submit a request for review within one year of the CS decision that is under dispute and may submit an appeal to the Appeals Commission (AC)The Appeals Commission (AC) is a separate appeal body with exclusive jurisdiction to hear appeals on decisions concerning claims issues made by the DRDRB, as well as determinations made by WCB under s.21(3). The Appeals Commission (AC) is a separate appeal body with exclusive jurisdiction to hear appeals on decisions concerning claims issues made by the DRDRB, as well as determinations made by WCB under s.21(3).within one year of the DRDRB decision. For more information on the Request for Review (RFR) process, refer to the 13-2 Request for review (RFR) procedure. Once the DRDRB makes a decision, CS reviews the decision memo and determines if the decision is unchangedThe decision is supported and remains in place., changedThe most recent decision on the issue is not appropriate and is fully reversed. or partially changedSome part(s) of the most recent decision on the issue is changed and further action is required.. In some circumstances, the review may be returned as premature or provide alternate direction, requiring further investigation or action from CS. Then, CS develops a plan to implement a changed decision or action any recommendations or alternate direction, as appropriate. For reviews returned as premature, refer to the 13-2 Request for review (RFR) procedure. If the DRDRB determines the decision is appropriate, the requester may submit an appeal to the AC within one year of the DRDRB decision. The AC is an external review body and represents the third and final step in the review process. The AC can only review DRDRB decisions and determines whether the DRDRB decision is correct. In rare circumstances, if the decision was made at the request of parties to an action under Section 21(3) of the ActSection 21(3) deals with situations where a worker, who is entitled to compensation from the WCB, is injured by a third party who is not part of the workers' compensation system (i.e., not a worker or employer). In such cases, the WCB can sue the third party to recover its costs and some compensation for the injured worker. For example, a delivery driver is injured in a car accident caused by a non-working third party. The WCB can sue the third party for the costs paid to the injured driver. Additionally, if there's a lawsuit between two parties and it's unclear if either is covered under the Workers' Compensation Act, Section 21(3) allows one party to ask the WCB to determine coverage. If both parties are covered, the lawsuit would be dismissed under the Act. This section helps the WCB make a decision that can end an ongoing lawsuit., the requester may go directly to the AC without first submitting a request for review to the DRDRB. Refer to Policy 01-08, Part II, Application 3: Reviews and Appeals. For implementation of an AC decision, refer to the 13-4 Appeals Commission decision implementation procedure. If the worker or employer is receiving Interim Relief (IR)Interim relief is financial support provided to workers or employers while they wait for a decision to be made on a RFR or Appeal issue. while waiting for a decision, the DRDRB will direct that benefits end the date of the DRDRB decision and whether they should be recovered from future benefits. Details about IR payments are only discussed with the party (or their authorized representative) receiving the benefits and any documents or letters related to IR benefits are not released by CS or the Claims Contact Centre. All inquiries relating to a request for interim relief must be directed to the DRDRB. Refer to Policy 01-10, Application 1 and the Resource Library. Implementation of a decision is complete when all benefits have been issued to the requester, referrals for any required services have been completed and a letter is sent confirming the implementation. Implementing DRDRB or AC decisions is a priority, and information related to the timelines can be found within the steps. When the plan will not be completed for an extended period of time (e.g., an academic program), the plan can be considered implemented as of the date the plan and benefits are approved at the required Levels of Authority. Refer to Policy 01-08, Part II, Application 4: Implementing a Changed Decision. For additional information about the decision review process, refer to the resources listed under the General tab in Supporting References at the end of this procedure. |
