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Policy decisions finalized at the December, 2005 WorkSafeBC Board of Directors meetings
The following resolutions were finalized by WorkSafeBC's Board of Directors in December 2005. For information about the function and mandate of the Board of Directors, please see Governing Structure.
Benefits for Dependent Children
Section 251 Decision – Benefits for Dependent Children
At its meeting on December 13, 2005, the Board of Directors considered a decision of the Chair of the Workers’ Compensation Appeal Tribunal ("WCAT") that a statement in policy item #55.40 of the Rehabilitation Services & Claims Manual, Volume I, is so patently unreasonable that it is not capable of being supported by the Workers Compensation Act ("Act") and its regulations.
The policy statement in question provides that where there is no surviving spouse eligible to claim compensation, benefits for dependent children who were not living with the worker at the date of the worker’s death are determined under section 17(9) of the Act.
The specific issue for the Board of Directors to determine was whether the policy in question can be rationally supported by the Act. To assist in answering this question, the Board of Directors sought advice from its General Counsel, the Policy and Research Division and from an independent and external Legal Counsel. The parties to the WCAT appeal were also invited to make submissions on this issue; however, no submissions were received.
At its meeting on December 13, 2005, the Board of Directors determined that the policy statement is patently unreasonable and that WCAT may refuse to apply it. The Board of Directors also resolved to amend the policy in question, effective January 1, 1984. You may also examine the complete resolution (PDF 35kb).
For further information on this issue, please contact Susan Furlong at 604 276-5160.
Honouring Requirements to Pay
On December 13, 2005, the Board of Directors approved policy on WorkSafeBC compliance with Requirements to Pay issued by the Canada Revenue Agency under the Income Tax Act (Canada) and the Excise Tax Act (Canada). The policy will appear as policy item #48.23 of the Rehabilitation Services & Claims Manual (“RS&CM”), Volumes I and II.
The policy takes effect on February 1, 2006 and applies to all benefits, including retroactive awards of benefits, payable under the Workers Compensation Act on or after July 13, 2005.
The Board of Directors also approved minor amendments to update language and legislative references in policy items #48.10, #48.22 and #48.30 of the RS&CM , Volume II. These amendments take effect on February 1, 2006.
For further information on this issue, please contact Susan Furlong at 604 276-5160.
You may also examine the complete resolution and policy amendments (PDF 51kb).
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