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Workers' Compensation Appeal Backlog Regulations

made under subsection 236(1) of the
Workers' Compensation Act
S.N.S. 1994-95, c. 10
O.I.C. 96-300 (April 23, 1996), N.S. Reg. 84/96

Definitions

1 In these regulations

"Transitional Appeal Regulations" means the Workers' Compensation Transitional Appeal Regulations made by Order in Council 95-411 on May 23, 1995.

Purpose and Citation

2 (1) These regulations may be cited as the Workers' Compensation Appeal Backlog Regulations.

(2) The purpose of these regulations is to ensure that injured workers who had filed appeals under Section 174 of the former Act are heard and decided by the Appeals Tribunal in accordance with the Transitional Appeal Regulations.

Appeals referred from Appeal Board

3 (1) Appeals that were

(a) filed under Section 174 of the former Act;

(b) within the jurisdiction of the Workers' Compensation Appeal Board as constituted under the Transitional Appeal Regulations; and

(c) not decided by the Appeal Board before February 1, 1996

are to be referred to, heard, and decided by the Appeals Tribunal.

(2) Section 238 to Section 258 of the Act apply to the appeals described in subsection (1), except that

(a) all such appeals shall be granted leave under Section 243;

(b) Section 248 of the Act does not apply; and

(c) the injured worker's employer shall not be a participant in any such appeal.

Appeals referred to Board from Appeal Board

4 (1) Appeals from decisions of the Board in cases

(a) in respect of which an appeal under Section 174 of the former Act had been filed; and

(b) that were, under the Transitional Appeal Regulations, referred to the Board for further consideration in accordance with the Board's internal appeal process

are to be heard and decided by the Appeals Tribunal.

(2) Sections 238 to Section 258 of the Act apply to the appeals described in subsection (1), except that

(a) all such appeals shall be granted leave under Section 243;

(b) Section 248 of the Act does not apply; and

(c) the injured worker's employer shall not be a participant in any such appeal.