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Appellate review of claim closures and disability classifications

Disputing claim closures

For injuries that have occurred since mid-1990, a party disputing a claim closure must seek departmental reconsideration before proceeding to a hearing. If the extent of the worker’s impairment is not disputed, the process must be completed in 18 working days. When impairment is disputed or medical information is insufficient to determine impairment, a medical arbiter is appointed to examine the worker, and an additional 60 days is allowed. No additional medical evidence may be used in subsequent litigation. Appellate review orders may be appealed to the WCB Hearings Division.

The following table provides statistics on the appellate review process.

Workers' compensation appellate review

Year Recon requests on closures Recon requests on disability classifications Recon orders issueds Recon % of closures appealed Recon % of cases appealed to hearings

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