WCB Return to Work Disputes

Why WCB Forces Workers Back Too Soon

WCB decisions about fitness for work are often based on incomplete or outdated information. Some of the most common reasons workers are pushed back too early include:

• Relying on WCB doctors instead of your treating physician – your family doctor knows your condition best, but WCB often ignores their recommendations.
  
  

• Paperwork errors – missing or misinterpreted medical notes can lead WCB to conclude you’re fit when you’re not.
  
  

• Employer pressure – employers sometimes push for early returns to save on costs, even if it compromises your safety.
  
  

• Lack of a proper plan – workers are sometimes told to show up without a valid, documented return-to-work plan in place.
  
  

Common Return-to-Work Issues

Workers across Alberta experience similar challenges when dealing with WCB:

• WCB ignoring family doctor’s recommendations
  
  

• No valid return-to-work plan in place
  
  

• Unsafe or unsuitable job offers
  
  

• Little or no notice before being forced to return

Your Rights Under Alberta WCB

Under WCB Policy, workers are entitled to a return-to-work process that is:

• Based on current medical evidence from your treating providers
  
  

• Designed to ensure the work is safe and suitable for your condition
  
  

• Supported with a valid return-to-work plan, not last-minute instructions
  
  

If these requirements are not met, WCB is not following its own policies and you have the right to challenge their decision.

How the Appeal Process Works

If WCB insists you are fit for work but you and your doctor disagree, you can challenge the decision:

1. Dispute Resolution and Decision Review Body (DRDRB) – First, you can request an internal review of WCB’s decision. This involves written submissions, where we highlight policy breaches and medical evidence.
   
   

2. Appeals Commission – If DRDRB upholds the decision, you can escalate to the Appeals Commission. This independent tribunal often overturns WCB’s rulings when proper evidence is presented.
   
   

How Claimstead Helps

As experienced WCB consultants, Claimstead protects your safety and rights in return-to-work disputes. We:

• Review your medical evidence for readiness and suitability
  
  

• Challenge unsafe return-to-work decisions with policy-based arguments
  
  

• Ensure proper notice and accommodations are given
  
  

• Represent you before DRDRB and the Appeals Commission
  
  

Frequently Asked Questions

Can WCB force me back to work before I’m ready?
No. WCB must rely on medical evidence, and you have the right to challenge any unsafe or premature decision.

What if my employer pressures me to return early?
Your return-to-work must be safe and suitable. Claimstead can help challenge unfair offers that put your health at risk.

Do I need a lawyer to appeal WCB’s decision?
No. As your WCB representative in Alberta, Claimstead handles appeals at both DRDRB and the Appeals Commission.

Take Action on Your WCB Return-to-Work Dispute

If you’ve been told you are fit for work but you know you’re not ready, you have the right to challenge WCB’s decision. Don’t risk your recovery or workplace safety.