Highlights of Noteworthy Decisions

Decision 1036 15
E. Smith
  • Withdrawal (of appeal)
  • Procedure (appeal process)

The Vice-Chair reviewed the file for the appeal and determined that she required additional information. The worker then wrote that she did not authorize her representative to file an appeal and did not wish to proceed.

The Tribunal's Notice of Appeal form requires the signature of the worker or representative to file the appeal. It also requires that the worker sign the form personally regarding release of the file to the employer. A review of the form for this appeal showed that the worker's name was printed on the signature lines. Thus, it appears that the worker's representative may have submitted the form without the worker's signature.
A representative may not proceed with an appeal without the authorization of the worker, and only the worker can consent to release of the Board file to the employer. In any event, it was clear that the worker did not want to proceed with the appeal.
The appeal was deemed withdrawn.