PART III EXTERNAL REVIEWS — Review by review commissioner
40
(1) Upon receiving an application under section 39, a review commissioner may review a decision of the commission to determine if the commission, in making that decision, acted in accordance with this Act, the regulations or policy as they apply to
40(a)
compensation benefits; orally, including by telephone, teleconference or other electronic means which enables the parties to participate in the hearing instantaneously and simultaneously; an interest in a matter before the review commissioner; and notify each party and a person referred to in subsection (6) of the time, manner and place set for the review; and that failure to attend is due to circumstances beyond the party or person's control; and make a decision which is in accordance with this Act, regulations and policy; or 60 days of the date of the hearing, where an oral hearing is held; or
40(b)
rehabilitation and return to work services and benefits; in writing; or notified the review commissioner in writing of the intention to appear, that person has the right to appear before the review commissioner or to be represented by counsel or an agent. review the decision of the commission and determine whether it was in accordance with this Act, the regulations or policy. that party or person has, by written notice, advised the review commissioner of the wish to attend and sets out, in the notice, the circumstances that prevent the attendance. where it is appropriate to have a new decision from the commission, refer the matter to the commission for a new decision with or without direction on an appropriate remedy. 60 days of the date written submissions are due, where an oral hearing is not held.
40(c)
an employer's assessment; partly orally and partly in writing.
40(d)
the assignment of an employer to a particular class or group;
40(e)
an employer's merit or demerit rating; and
40(f)
the obligations of an employer and a worker under Part VII.
40(2)
A review commissioner shall not review a decision under subsection (1) except in accordance with subsection (1).
40(3)
A review commissioner may require a hearing of an application under this Part to be conducted
40(4)
The commission shall have standing and may be heard and make representations itself or through an agent acting on its behalf on a matter being reviewed by a review commissioner and at further proceedings arising out of that matter.
40(5)
A party may appear before the review commissioner or be represented by counsel or an agent and may accompany and appear with the counsel or agent before the review commissioner.
40(6)
Where a person other than a party has
40(7)
A review commissioner to which a matter has been referred for review shall
40(8)
Where a party or a person referred to in subsection (6) fails to attend, in person or by counsel or agent the review commissioner may proceed to examine witnesses and to review and adjudicate on the matter being reviewed unless
40(9)
A review commissioner may disclose information to the parties or other persons involved in the hearing where the review commissioner determines that the disclosure of the information is necessary for the purposes of the hearing.
40(10)
A party or other person who receives information in accordance with subsection (9) may only use the information for the purposes of the hearing.
40(11)
Where a review commissioner determines that the decision of the commission was in accordance with this Act, the regulations and policy, the review commissioner shall confirm the decision of the commission.
40(12)
Where a review commissioner determines that the decision of the commission was not in accordance with this Act, the regulations or policy, the review commissioner shall identify how the decision of the commission was contrary to this Act, regulations or policy, specify the contravened provision, set aside the decision of the commission and
40(13)
Where a matter is referred to the commission under paragraph (12)(b), the review commissioner shall not review a new decision except where a new application is made under section 39.
40(14)
A decision of a review commissioner shall be communicated by the review commissioner, with reasons, to each party and any persons referred to in subsection (6), within
40(15)
An order or decision of a review commissioner is final and conclusive and is not open to question or review in a court of law and proceedings by or before a review commissioner shall not be restrained by injunction, prohibition or other process or proceedings in a court of law or be removable by certiorari or otherwise in a court of law.
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