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The Review Division was created in 2003 as a result of amendments to the Workers Compensation Act (the "Act") that made significant changes to the workers' compensation appeal process. These changes, which took effect on March 3, 2003, established two levels of review or appeal for most decisions made by WorkSafeBC under the Act.
The first level is internal, involving a review by a Review Officer in the Review Division. The second level of appeal is to the independent Workers' Compensation Appeal Tribunal (WCAT).
The Review Division provides impartial reviews of decisions made under the Act. It has authority under sections 96.2 to 96.5 of the Act to review decisions in specific cases made by officers in WorkSafeBC's Compensation Services, Finance and Prevention Divisions. Decisions cover these areas:
|Compensation - Whether a claim for compensation should be allowed, the amount and duration of compensation benefits, including vocational rehabilitation and medical assistance, and how the costs of that claim should be allocated|
|Finance - The obligation of employers to pay assessments to WorkSafeBC, and the amount of those assessments|
|Prevention - Whether employers have violated the prevention provisions of the Act and regulations, whether a variance should be given from a provision of a regulation, a certificate awarded to a first aid attendant or similar person should be cancelled or suspected and whether an administrative penalty should be imposed on an employer.|
Review officers conduct reviews carried out by the division. There are three methods for conducting a review:
In conducting reviews, the Review Division has three main objectives:
|1.||To provide a simplified and flexible process for obtaining within WorkSafeBC an independent review of a specific decision made under the Act.|
|2.||To be part of the Board's overall strategy to develop and maintain consistent, predictable and quality decision-making, including a timely information loop between the Review Division and WorkSafeBC's senior management.|
To provide final resolution to disputes with WorkSafeBC decisions within the required statutory time frames.