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Who is affected by the change to policy?
Workers who were permanently disabled prior to June 30, 2002, and who have experienced a permanent change in the nature or degree of their permanent impairment after June 30, 2002, are affected by the change. These workers will be eligible for a reassessment of their benefits under the amended policy.
How does the policy amendment affect these workers?
Under the amended policy, these workers will qualify for the same benefits for which they were eligible under WorkSafeBC policy and the Workers Compensation Act in effect immediately prior to June 30, 2002 — that is, any increase to their permanent disability awards will be based on 75 percent of their gross earnings.
How have the benefits of these workers changed?
Workers who were permanently disabled prior to June 30, 2002, and who have experienced a permanent change in the nature and degree of their permanent impairment after June 30, 2002 will be affected by the change. Changes in permanent disability awards for these workers will be calculated under the former provisions of the Act and policies in the Rehabilitation Services & Claims Manual, Volume I.
What is the effect of a worker experiencing a "recurrence" of disability?
Section 35.1(8) of the Workers Compensation Act provides that where a worker has a "recurrence" of disability on or after June 30, 2002, compensation for the recurrence is determined in accordance with the law and policy in effect at the time of the recurrence, even though the original injury occurred prior to June 30, 2002.
How has the definition of "recurrence" changed as a result of this policy amendment?
"Recurrence" was previously defined in RSCM Policy item #1.03 to include additional periods of temporary disability and/or any permanent changes in the nature and degree of a worker's permanent disability. The policy now limits the definition of "recurrence" to refer only to additional periods of temporary disability. Where a worker was entitled to a permanent disability award prior to June 30, 2002, any permanent changes in the nature and degree of that permanent disability are adjudicated according to the law and policies in effect immediately prior to June 30, 2002 (i.e. the former provisions). This is the case whether the changes to the permanent disability follow an additional period of temporary disability or not.
What is an example of how the policy amendment applies to claims?
For example, a worker has a compensable knee injury on December 27, 2001, receives wage loss benefits for several months, and then returns to work. The worker is assessed for permanent impairment and is entitled to a permanent disability award effective March 19, 2002. In October 2006 the worker undergoes compensable surgery with respect to the knee injury. At the time of the surgery the worker is temporarily totally disabled and is entitled to wage loss benefits. The worker's period of temporary disability is considered a recurrence of disability and benefits are payable based on the current law and policies. This means the worker's wage loss benefits are determined using Volume II of the RSCM and calculated with a wage rate based on 90% of net average earnings. The worker is left with an increased degree of permanent impairment following his recovery from the surgery and as a result his permanent disability award entitlement is reassessed. Because the worker was entitled to a permanent disability award prior to June 30, 2002, the deterioration in his permanent condition continues to be adjudicated under the law and policies in effect prior to June 30, 2002. This mean that the worker's entitlement to an increased permanent disability award is determined according to Volume I of the RSCM and using a wage rate based on 75% of gross average earnings.
When will the amended policy take effect?
The amended policy will take effect on August 1, 2006. However, it will apply retroactively to all decisions made on or after October 16, 2002, to coincide with the date WorkSafeBC's previous policy came into effect.
How will WorkSafeBC identify workers who are eligible for a reassessment?
To ensure all affected workers are identified and informed of their eligibility for a reassessment, WorkSafeBC is working closely with the Workers' Compensation Appeal Tribunal and other external parties, reviewing claims that may be affected, and contacting workers personally for more information.
Workers whose appeals from decisions on pension entitlement have been decided by the Workers' Compensation Appeal Tribunal (WCAT) must apply to WCAT to have their decisions reconsidered. Visit the WCAT web site for more information.
How will WorkSafeBC inform the affected workers?
Once WorkSafeBC has completed its review, workers who are eligible for reassessment will receive a letter from WorkSafeBC, explaining the process.
How long will it take to review the affected claims?
WorkSafeBC is currently identifying the claims of workers who may be affected by the policy amendment. Once completed, we will re-adjudicate the claims of workers impacted by the policy amendment. We expect the re-adjudication of all claims will take several months.
How can I get more information?
Keep checking this web site. As new information becomes available it will be posted here.