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To object when the Commissioner rejects your employee's COID claim, there's one thing you can do

by , 02 October 2014
When you submit a claim to COID for injury compensation for your employee, there's always a chance the Commissioner will reject it.

This could mean you have to cover the compensation yourself.

Don't worry though, this isn't something you have to simply accept. You can object the Commissioner's decision.

Here's what you can do...

 

Here's what you must do to object if the Commissioner rejects your claim

 
If you're a member of a trade union or an employers' organisation and the Commissioner's decision affects you, you can lodge an objection against the decision within 180 days (COIDA Section 91.1).
 
The presiding officer will consider your objection in consultation with two assessors: One assessor represents you and the other represents your employee (COIDA Section 91.2a). If necessary, the presiding officer can consult with and ask assistance from a medical assessor (COIDA Section 91.2b).
 
If the assessors don't agree with the presiding officer, the matter will go to the Supreme Court for a decision (COIDA Section 91.3b).
 
Here's what the Court will assess the appeal on.
 
*********** Reader's choice  ***************
 
COID rejects 80% of all claims! Will it reject yours?
 
 
***************************************
 

Here's how the Supreme Court will assess your appeal

 
If you want to appeal against this decision, you must apply to any provincial or local division of the Supreme Court. The Court will consider the following criteria (COIDA Section 91.5):
 
  • Interpretation of the Act or any other law;
  • The question of whether an accident or occupational disease causing disablement or death of any employee happened because of serious and wilful misconduct;
  • Whether the amount of compensation he awarded was too much or too little; and
  • The right to increased compensation.
 
When you lodge your objection and, until a court makes its decision, the original decision by the presiding officer still stands. In other words, your employee won't get any payments during this time (COIDA Section 91.6).
 
The Supreme Courts decision is final so, if they up hold the original decision, there's nothing else you can do. 
 
The best thing to do is to be honest in your original claim and get the decision you want the first time round to avoid all of this. 


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