Address a fairness inquiry
Procedure summary
Published On
| Purpose | To address a worker's, employer's or dependant's fairness concern. |
| Description | Upon being notified that a worker, employer or dependant of a deceased worker has a concern about being treated unfairly by WCB, a supervisor contacts the worker, employer or dependant to attempt to address and resolve the concern. If the concern cannot be resolved by the supervisor, the manager also attempts to resolve the concern. If the concern is not resolved by the supervisor and/or manager, the worker, employer or dependant may submit a request for a fairness review. Requests for fairness reviews are addressed by the Fair Process Review Centre (FPRC), an independent office within WCB-AB. The client should attempt to have their concerns heard and resolved with the supervisor and manager before initiating an FPRC inquiry. However, if the client does submit a fairness inquiry to the FPRC before discussing the concern with the supervisor and manager, the FPRC will notify the supervisor and manager via file note of the fairness inquiry and request that they collaborate with the worker in an attempt to resolve the concerns. The FPRC only considers whether WCB provided procedural fairnessProcedural fairness reviews look at how processes were followed, not the decision itself and behavioural fairnessBehavioural fairness reviews look at how a person was treated including whether WCB staff followed the Code of Rights and Conduct. It does not consider whether decisions made by WCB are correct (i.e., whether decisions are consistent with WCB Policy and the Workers’ Compensation Act). The FPRC confirms that the requestor has attempted to resolve the fairness concern with the supervisor and manager. If they have not, the worker, employer or dependant must do this before the FPRC review can proceed. If they have, the FPRC then reviews whether the issue relates to procedural fairness or behavioural fairness. If the issue does not, the FPRC will make recommendations for other avenues to resolve the issue such as the Dispute Resolution and Decision Review Body (DRDRB), Appeals Commission (AC) or Alberta Ombudsman Office and the FPRC review process ends. If the concern relates to procedural or behavioural fairness, the FPRC completes a formal fairness review. If, as a result of the review, the FPRC makes recommendations to address the issue, the appropriate business area implements the recommendations. Refer to the WCB website - Fairness Review page for further information. |
| Key information | Early resolution is an important and necessary step before a fairness review is considered. In the interest of transparency and fairness, the business area needs an opportunity to respond to a worker's, employer's or dependant's fairness concerns. When early resolution is not successful, a worker, employer or dependant may request a fairness review by submitting a fairness review form (G302) to the FPRC. The FPRC provides neutral, impartial and independent assistance to workers, employers and dependants who feel they were treated unfairly by the WCB. There is no cost to this service. The FPRC only has the authority to review whether WCB provided procedural fairness and behavioural fairness. Procedural fairness reviews look at how processes were followed, not the decision itself. It includes whether:
Procedural fairness issues will be addressed with the appropriate Client Service manager and unit/team (e.g., Quality Assurance, Business Training, etc.). Behavioural fairness reviews look at how a person was treated including whether WCB staff followed the Code of Rights and Conduct; meaning:
Behavioural fairness issues will be addressed by Client Services or Dispute Resolution and Decision Review Body (DRDRB) departments, as appropriate. When the FPRC identified gaps in procedural or behavioural fairness, they will make recommendations for the appropriate business area to implement. They will also review whether those recommendations are implemented in a timely and appropriate manner. The FPRC does not have the legislative authority to review, change or vary a claim-related decision. They can only address fairness concerns related to the practices or conduct of the WCB. The FPRC also does not complete a fairness review for issues regarding fairness that date back more than one year from the G302's date. These issues must be addressed with the relevant business area, or the worker, employer or dependant may present their fairness concerns to the Alberta Ombudsman. |
