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Policy decisions finalized at the March, 2003 WCB Board of Directors meetings
The following resolutions were finalized by the WCB Board of Directors in March 2003. For information about the function and mandate of the Board of Directors, please see Governing Structure.
- Refinement to Policies in Regard to the Workers Compensation Amendment Act (No. 2), 2002
- Casual Workers
Refinement to Policies in Regard to the Workers Compensation Amendment Act (No. 2), 2002
At their December meeting, the former Panel of Administrators approved substantive policies to implement the Workers Compensation Amendment Act (No. 2), 2002. It was subsequently noted that further refinements were required to the policy in Item C14-102.01 (Changing Previous Board Decisions - Reopenings) to make the language in the policy more consistent with the language in the legislation.
The Board of Directors has now approved two sets of refinements to the reopening policy. The first incorporates the language in section 96(3) of the Workers Compensation Act, which authorizes the WCB to vary a previous decision upon reopening. (The former policy language might have suggested that a decision may only be reopened to pay further benefits.) The second incorporates the language in sections 96.2(2)(g) and 240(2). As a result of these provisions, a WCB decision to reopen or not to reopen a matter on application is appealable directly to the Workers' Compensation Appeal Tribunal and is not reviewable by the WCB Review Division.
You may examine the complete resolution (PDF 62kb).
For further information about this amendment, please contact Joe Pinto of the Board's Compensation and Rehabilitation Services Division at 604 276-3118 or toll-free within B.C. at 1 888 967-5377, local 3118.
Casual Workers
The Board of Directors has approved an amendment to the Workers' Compensation Board's ("WCB") policy on casual workers, as provided in policy item #67.10 of the Rehabilitation Services & Claims Manual, Volume II.
With respect to compensation matters, the WCB's previous policy was that longshore workers were treated as casual workers for the determination of average earnings.
Upon reconsideration, the Board of Directors has determined that the reference to longshore workers should be removed from the policy so longshore workers are categorized according to their employment circumstances for purposes of determining average earnings. Therefore, effective March 18, 2003, the categorization of longshore workers for the determination of average earnings will be dependent upon their employment circumstances.
You may examine the complete resolution (PDF 22kb).
For further information on this issue, please contact Joe Pinto at 604 276-3118 or toll free within B.C. at 1 888 967-5377, local 3118.