Windley Ely clients have access to our in-house Appeals Division who advance our clients’ interests before the various appeals bodies and tribunals across Canada. Windley Ely’s Appeal Division includes lawyers and paralegals with expertise in workers’ compensation law, policy and procedures, legal drafting skills, training in oral advocacy and litigation experience before Canadian courts and tribunals.
Windley Ely’s Appeal Division typically becomes involved in a workers’ compensation claim when:
- A worker has initiated an appeal before one of the provincial workers’ compensation agencies, appeals bodies or an independent workers’ compensation tribunal;
- Windley Ely has identified an objectionable issue and after consultation with our customer has initiated an appeal.
Appeals before an appeals division or an independent tribunal proceed by way of written appeal or by oral hearing in accordance with the decision of appeal agency or tribunal hearing the appeal. Our team will provide expert representation by drafting written submissions inclusive of references to relevant statutory provisions, policy and law and where appropriate by making opening and closing submissions and providing direct and cross examination of witnesses in oral hearings.
WE provide all clients having collective bargaining agreements with the necessary tools to make informed decisions as to how best to advance workers’ compensation appeal issues within their unique operating circumstances. By providing overviews of governing workers’ compensation laws and claim costs as well as candid assessments of claim strengths and weaknesses; claim costs liabilities and potential workers’ compensation appeal consequences; WE assist our partners in developing claim specific options that integrate with the existing state of their labour relationships, outstanding union grievances and/or collective bargaining strategies.