The Work Certification Board of Review is an independent body that reviews and makes recommendations to the Department of Labor regarding the worker’s eligibility to work. The WCB also has a review panel that can review all of the information provided by the employer.
You may disagree with the Work Certification Board of Review’s decision, and even when you are not happy with a decision, the fact remains that you must abide by the terms of the work authorization.
When you’re not in agreement with how the WCB has ruled, what can you do as an employer or an employee? The WCB Appeals process has many different stages, and each step requires a different level of cooperation from the employer. Here’s a look at the WCB appeals system and the various levels of appeal.
Review of Board’s Findings and Recommendations:
When you file an appeal, you must present all of the evidence and testimony gathered during the investigation process. This evidence can include written reports from the employee’s doctor, copies of pay stubs or income tax statements, photos of the premises, and other documentation of the job duties performed. The Appeal Board can also consider the testimony of the employer’s witnesses.
Review of Evidence and Opinions
After you file your appeal, you must present any medical or other evidence, including x-rays and photos, if necessary, that might support your case. You will also have to supply copies of the original documentation from the employer’s medical practitioner if you’re requesting a reversal of a medical opinion in the case.
Review of Commission’s Decisions
If the Appeal Board decides that the employer has not adhered to its terms of the program, the appeal will be denied. If the Appeal Board upholds the determination, the case will go to a final appeal hearing. The request will go before the Commission on Appeal for further consideration. This appeals procedure can be followed up until the final panel of the Appeal Board.
In summary, when you file an appeal, you must follow all of the rules laid out for the final appeal. To successfully appeal to the Commission on Appeal, you must meet all of the requirements outlined in the employment contract or the original work authorization.
You can submit an appeals request by contacting the Claims Bureau or by filing an appeal form online. The process is quick and simple, and several steps need to be completed to successfully submit your claim. The appeals process is completed within three weeks.
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