CONSOLIDATED NEWFOUNDLAND REGULATION 1117/96

Short title

1. These regulations may be cited as the Workers' Compensation Review Division Regulations.

96/95 s1

Definitions

2. In these regulations

(a) "chief review commissioner" means the chief review commissioner appointed under section 22 of the Workers' Compensation Act;

(b) "commission" means the Workers' Compensation Commission continued by section 3 of the Workers' Compensation Act;

(c) "review commissioner" means a review commissioner appointed under section 22 of the Workers' Compensation Act and may include the chief review commissioner; and

(d) "review division" means the review division established under section 21 of the Workers' Compensation Act.

96/95 s2

Reassignment of review

3. The chief review commissioner may reassign a review from one review commissioner to another review commissioner before evidence is taken on a review.

96/95 s3

Cessation as review commissioner

4. Where a review commissioner ceases to be a review commissioner of the review division, he or she may, with the approval of the chief review commissioner,

(a) carry out and complete any duties or responsibilities; and

(b) continue to exercise any powers

that he or she may have had if he or she had not ceased to be a review commissioner in relation to a specific proceeding in which he or she had participated.

96/95 s4

Written request for review

5. Where a worker, dependent or employer applies to the chief review commissioner for a review of a decision of the commission, a written request for review shall be served upon the review division by the worker, dependent or employer.

96/95 s5

Notification

6. Upon receipt of the request for review, the review division shall, as soon as practicable, notify the commission and other interested parties of the request for review and the issue in respect of which the review is sought.

95/96 s6

Information and evidence in review

7. (1) The review commissioner may order production of all information that was before the commission in making its decision.

(2) If the commission receives evidence subsequent to the rendering of a decision and the commission advises the review commissioner that they have considered the evidence for which a review has been requested before a decision is made by the review commissioner and it does not alter their decision, the commissioner may accept that new evidence as part of the decision being reviewed.

96/95 s7

Information not provided

8. If a commissioner orders a party or the commission to provide certain information by a particular date and that information is not provided by that date, the commissioner may, in his or her discretion, proceed to make the decision without that information.

96/95 s8

Witness

9. (1) Where a party desires to call a person as a witness at a review, the party may serve the person with a subpoena in the form provided by the review division requiring the person to attend at a time and place stated in it and, if required, to produce certain documents at the review.

(2) Service of a subpoena referred to in this section shall be in accordance with the Rules of the Supreme Court.

(3) A subpoena shall be issued by the review division and a copy filed with the review division.

96/95 s9

Filing of request

10. (1) A request for review shall be filed with the review division within 90 days from the day the commission's decision was communicated to the individual requesting review of the decision.

(2) A request for review which is not filed with the review division within 90 days from the day the commission decision was communicated to the individual requesting review of the decision may be accepted by the review division at the discretion of the chief review commissioner upon review of a written application by the individual requesting review, however, no request for review shall be accepted beyond one year from the day the commission's decision was communicated to the individual requesting review of the decision.

96/95 s10

Order by review commissioner

11. If the review commissioner ascertains on examining a request for review and the decision of the commission that the commission failed to decide a question the Workers' Compensation Act required it to settle, the review commissioner may issue an order returning the matter to the commission for a decision.

96/95 s11

Application to chief review commissioner

12. (1) An application may be made, in writing, to the chief review commissioner requesting that a decision of a review commissioner be reconsidered.

(2) The chief review commissioner, upon review of the application, may in his or her discretion order that the decision be reconsidered.

96/95 s12

Legal advice

13. The review division may seek legal advice from an independent adviser and if that advice is related to a matter being heard by a commissioner, the nature of the advice shall be made known to the parties in order that they may make submissions as to the law.

96/95 s13

Dismissal of request

14. The chief review commissioner may dismiss a request for review that he or she considers improper or dilatory.

96/95 s14

Repeal

15. The Workers' Compensation Review Division Regulations, Newfoundland Regulation 96/95, are repealed.