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

Use the WCB Review and Appeal System

Judges will usually only review a decision about your WCB claim after you have used up all the review and appeal options in the WCB system. Most decisions by WCB (also called WorksafeBC) can be reviewed by WCB’s Review Division. Most Review Division decisions can then be appealed to WCAT.

You can usually only apply for judicial review after you have a WCAT decision because, at that point, you will have used up all the review and appeal options in the WCB system. But there are some decisions, such as vocational rehabilitation decisions, that cannot be appealed to WCAT. If the decision cannot be appealed to WCAT, then you can apply for judicial review of the Review Division decision because you have no way to appeal that decision anywhere else. If you are unsure about your appeal options, you should try to get legal advice.