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Proposed Amendments Regarding Recurrence of Mental Stress

At issue is a statement in the mental stress policy that addresses recurrences.

On June 30, 2002, new legislation was introduced to specifically address mental stress. The new legislation provides that a worker is entitled to compensation where the mental stress is an “acute reaction to a sudden and unexpected traumatic event arising out of and in the course of employment”.

To bridge the new legislation, a transitional provision provides direction for how the Workers CompensationAct as amended by the June 30, 2002 legislation should be applied in the event of a recurrence. The transitional provision may be interpreted in two ways. The current mental stress policy takes a broad view, that the June 30, 2002 provisions are applicable not only to the calculation of benefits, but also to entitlement of benefits. In the alternative, under a narrow view, the current provisions would only be applicable to the calculation of benefits, but not entitlement.

On January 23, 2007, the Board of Directors approved the release of a discussion paper with options and draft policy amendments for stakeholder consultation. Proposed deletions of policy wording are identified with a strikethrough and additions are identified in bold.

Discussion paper (PDF 57kb)

There are a number of ways for stakeholders to provide feedback on the options and draft policy amendments:

(a) Comment link:

Through the Comment link below, you will be able to provide immediate feedback by completing an online submission form.

Please note: Once you click the “submit” button at the bottom of the form you cannot access it again to make additional comments. Therefore, if you wish to make detailed comments in the feedback section, you may want to draft your comments using a word processing format and then cut and paste them into the submission form.

Comment

Alternatively, submissions can also be submitted as follows:

(b) E-mail: policy@worksafebc.com
(c) Mail:

Policy and Research Division
WorkSafeBC
PO Box 5350 Station Terminal
Vancouver, BC V6B 5L5

(d) Fax: 604-279-7599; or toll-free in B.C. 1-877-279-7599

The consultation period will end on February 23, 2007. The Board of Directors will consider stakeholder feedback before making a decision on policy amendments.

Please note that all comments become part of the Policy and Research Division's database and may be published, including the identity of organizations and those participating on behalf of organizations. The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.