Need to submit an appeal to WorkSafe BC. This is against the employer. Salaried and unionized job. The claim was

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Customer: Need to submit an appeal to WorkSafe BC
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: This is against the employer
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: salaried and unionized job
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the claim was submitted by my physician due work related mental health issues which refused and also my request for reconsideration was rejected as well
Answered by ToLawyer in 18 mins 2 years ago
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ToLawyer
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Jessica

Jessica

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ToLawyer, Expert

Hi, my name is***** am sorry to hear about your troubles and I would be happy to assist you. Before we begin, please note that this discussion is for providing general information only, it is not detailed or necessary specific legal advice, and it is only for the purpose of helping you understand the nature of your situation from a legal standpoint and to discuss options. You should engage a lawyer/paralegal in your local jurisdiction if you wish to take any legal action going forward.

In case you would like a faster response, the site will automatically offer you an optional phone call for an additional fee. Rest assured, I can continue to help you by text and I’m already working on your question.

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ToLawyer, Expert

How long ago was this decision made?

Customer
Hi
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ToLawyer, Expert

Hello there.

Customer
No need an faster but we can schedule
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ToLawyer, Expert

Thats ok, I am here and would be happy to assist you via text.

How long ago was the review decision made?

Customer
Received on Feb 2,
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ToLawyer, Expert

This is the review decision that was rejected? you may be out of time to request an appeal.

An appeal should be started 30 days from the date of the review decision.

Customer
No here in British Columbia. You have 90 days to inform that you will be going for an appeal
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ToLawyer, Expert

You may need to file an extension of time and get that approved before you can even think about the appeals process. Is there a good reason why you were late in filing an appeal?

Customer
Then you have 30 days
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ToLawyer, Expert

You are appealing to WCAT BC right?

Customer
Hi
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ToLawyer, Expert

"Your notice of appeal must be received by WCAT within 30 days of the Review Division decision date. Do not wait to start your appeal until you have collected information or evidence first. Evidence and information will be collected later in the appeal process."

Customer
I have my file opened with BC worker adviser and they inform them in time that the appeal will be submitted
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ToLawyer, Expert

so the 90 days rule is if there is an error or omission is your appeal.

Customer
I ensure you that I am in time
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ToLawyer, Expert

Ok, I just wanted to point that out to you. What is your question?

Customer
Need help to prepare an appeal
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ToLawyer, Expert

I cannot really give you legal advice, only legal information. I can only point out where I think you need to provide more detail. What kind of help are you looking for?

Customer
Respectfully, ***** ***** please inform me that you are lawyer
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ToLawyer, Expert

Of course, I am a lawyer.

Customer
How I can share my documents with you
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ToLawyer, Expert

There should be a little paper clip button in the chat box.

Customer
Then I help to draft the the appeal
Customer
Do you have mind sending me an email
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ToLawyer, Expert

I cannot do that, I can only communicate with you on this platform.

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ToLawyer, Expert

However, the platform should have everything you need to upload the documents so I can read them.

Customer
Sure
Customer
Can I send you later
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ToLawyer, Expert

Sure, ill have a look whenever you get back.

Customer
File attached (Q53Z7TQ)
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ToLawyer, Expert

So I have taken look at this and it would appear the biggest issue is that the stressors that caused your depression is, from the position of the adjudicator, not extraordinary.

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ToLawyer, Expert

This is the issue you need to address in appeal.

Customer
Are you able to prepare my appeal application
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ToLawyer, Expert

No. You will have to retain a local lawyer for that. We cannot represent any individuals over the internet.

Customer
Thank you
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ToLawyer, Expert

You are very welcome.

Customer
Do you refer me to a local lawyer work in BC Canada
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ToLawyer, Expert

You can try the law society referral service here: https://www.lawsociety.bc.ca/working-with-lawyers/finding-a-lawyer/

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