Appeal, from arbitrator, procedural issues
Procedural issues in Arbitral Appeals
From WCC E.Bulletin No. 41 March 2011 >>
Provision of a Chronology
An application to appeal against the decision of an arbitrator must now include a chronology, in accordance with Part 16, Rule 16.2(4)(e) of the 2010 Rules.
The chronology should be a document which provides assistance in understanding the history of the matter.
In addition to procedural events before the Commission, the chronology should also include (where relevant), the principal factual events such as:
- the date of the alleged injury
- the date of notice of injury
- the date of notice of claim,
- the date the worker first sought medical treatment
- the date the worker first ceased employment
- if appropriate, the dates during which the worker was employed in suitable employment
- the date on which the claim for compensation alleged to commence etc
Referring to Evidence in Submissions
When parties refer to evidence tendered at the arbitration in their submissions on appeal, the Commission requests that the submissions contain a citation of the page number where that evidence appears.
Provision of Transcript
As soon as possible after an appeal is lodged under s 352, the Commission organises the preparation of a transcript of the arbitral proceedings and will issue a copy to each party to the appeal.
A copy of the transcript is also placed on the Commission file.
It is unnecessary for parties to attach a copy of the transcript to their submissions on appeal.
However, where parts of the transcript are relevant to the submissions made on appeal, the relevant page and line number should be cited.
Parties are asked to note that the numbers on the left hand side of the transcript refer to line numbers, not paragraph numbers.