Workers' Compensation Independent Review Board (WCIRB)

Department

Authority

Remuneration

Purpose:

The Workers’ Compensation Independent Review Board (WCIRB) is an independent, quasi-judicial body that considers appeals arising from decisions of WorkplaceNL. The appeals process for clients of WorkplaceNL is vital to the overall service provided to employers and to workers who sustain workplace injuries in Newfoundland and Labrador. It is the final level of appeal within the workers’ compensation system. 

WCIRB occupies an important jurisprudential role and performs a significant diversionary function in determining matters which would otherwise be heard by the Courts, placing an expectation on the review commissioner to produce written decisions that are comprehensive, unbiased, well-reasoned and complete and meet a quasi-judicial standard. Appointees to the review commissioner panel must be unbiased and must be perceived as unbiased.

Structure:

Section 33 of the Workplace Health Safety and Compensation Act (Act) provides that the Lieutenant-Governor in Council, on the recommendation of the Minister, appoint to the review board a panel of persons to act as review commissioners. 

The panel of review commissioners cannot exceed seven members, one of which is appointed by the Lieutenant-Governor in Council as the Chief Review Commissioner.   Presently, the Chief Review Commissioner is a full-time salaried position on the executive pay scale and also serves as the organization’s CEO with related administrative responsibilities. 

All review commissioners report to the Chief Review Commissioner who reports directly to the Minister responsible for WorkplaceNL. 

Though not required, ideally, the panel of review commissioners should reflect the gender and regional representation of the Province’s population.

Competency Profile:

Each review commissioner acts independently. Therefore, each review commissioner must possess the same minimum competencies as identified below:

• superior analytical and problem solving skills
• exceptional writing, reasoning and verbal communication skill;
• sound understanding of administrative proceedings;
• in-depth understanding of and ability to interpret and apply legislation, related regulations and policies;  
• practical understanding of administrative law, the concepts of natural justice;
• knowledge and understanding of WorkplaceNL, WCIRB and respective functional structures and mandates;
• organizational skills and abilities to manage a challenging and diverse workload;
• ability to meet performance expectations and goals and superior time management;
• ability to work both independently and in cooperation with internal and external stakeholders, while maintaining confidentiality and standards of conduct;
• attention to detail, the ability to diffuse potentially challenging situations effectively;
• ability to apply sound judgment to fairly assess cases involving issues regarding conflicting verbal and/or written evidence;
• ability to assess credibility; and
• proficiency in Microsoft Office applications.

Qualifications:

Candidates for review commissioner appointments should demonstrate the competencies identified above as well as the following qualifications: 

• experience in the interpretation and application of legislation or policy in a quasi-judicial setting;
• experience in tribunal, arbitral and/or panel environment;
• experience and expertise in interpreting and applying legislation;
• exposure to labour and employment, human rights or occupational health and safety law and/or experience in case file administration/management;
• related post-secondary education; and
• ability to travel to hearings throughout the Province; and
• proficiency in Microsoft Office applications.

Time Commitments:

Following an intenstive in-house training program, each review commissioner will be prepared to hear a minimum of five cases per month. Review Commissioners can expect to spend between 15 and 25+ hours on each case, depending on the complexity of the issue(s). This includes the pre-hearing review, hearing time, draft, editing and finalizing decision processes. Some inter-provincial travel may also be required.

Term:

According to the Act, a review commissioner shall hold office during good behaviour for a term that the Lieutenant-Governor in Council may establish. Currently, the terms of appointments are as follows:

• Chief Review Commissioner appointed on a term contract. 
• Full-time review commissioner appointed on a term contract.