Community Legal Assistance Society - BC Judicial Review Self-Help Guide

Request Correction or Clarification

Correction

In some cases, you may not want to challenge WCAT’s decision. Instead, you just need to fix a simple mistake or oversight. WCAT has the power to correct simple errors in a decision, such as spelling or math mistakes. For example, WCAT may be able to correct a decision if:

  • The WCAT decision says that your work address is 134 Maple Street, but it is actually 143 Maple Street; or
  • The arbitrator said that 2 + 2 = 5.

WCAT usually only has 90 days after you and the other people involved in the appeal get the decision to correct a mistake.  Apply well before the 90 days is up because it may take a while for WCAT to read your application and make the correction.

Keep in mind that this option cannot be used to challenge a decision you do not agree with. It is only used to correct very simple and minor mistakes.

Clarification

If you cannot figure out what your WCAT decision means, you can ask WCAT to clarify the decision. For example, if you cannot tell from the decision whether WCAT did or did not accept the back injury you were claiming for, you can ask WCAT to clarify its decision on that point. You must apply to have the decision clarified within 90 days of when you first found out about the decision.   Unlike a correction, WCAT just needs to get your application to clarify the decision within 90 days.  It can actually write-out the clarification later on as long as you apply on time.

Again, keep in mind that this option cannot be used to challenge or change a decision you do not agree with. It is only used to clarify what the decision means.

You can learn more about requesting a correction or clarification on the Workers’ Compensation Appeal Tribunal website.

It is very important to remember that applying for correction or clarification does not stop or reset your time limit to apply for judicial review. If you are considering judicial review, you still need to apply for judicial review in BC Supreme Court no later than 60 days after WCAT made its decision.