When You Receive a ”Notice to Participate” Letter from WCB
• You will receive a “Notice to Participate” form after the Board has accepted your WCB claim for a compensable injury.
• You will receive this form because your accident employer has submitted a “Request for Review” to the WCB. Your employer is saying that the Board was in error in accepting your claim.
• The WCB is giving you an opportunity to participate in the review process. If you do not fill out the “Notice to Participate” the review will go ahead without your input.
• The Union is mandated by the Constitution to assist Longshore workers with WCB claims when requested to do so. Bring in your “Notice to Participate” letter to the Secretary Treasurer. He will assist you in making a submission supporting the decision of the WCB to accept your claim.
• There is a two-week time limit to submit the “Notice to Participate”. Do not wait to the last day to request assistance.
If you do not submit the “Notice to Participate” form it is possible for the decision to have your claim accepted overturned. Some of the grounds on which employers have used to try to have a claim denied are:
• Unreasonably refused an offer of light duty by the employer.
• Did not report the injury to the First Aid Attendant.
• Did not see a doctor about the injury.
• Continued to work after the original injury and only applied for WCB wage loss days or weeks later.
• Worker is exaggerating the extent of his injuries.
• Insufficient evidence that the Worker’s condition is employment related.
• The Worker did nothing out of the ordinary on the date of injury.
• Injury is the result of a pre-existing condition.
Longshore workers have ignored these “Notice to Participate” letters because they received their wage loss benefits and they returned to work. They mistakenly believed that this had nothing to do with them.
We always recommend that you submit the “Notice to Participate” form.
Peter Haines
Secretary Treasurer