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Policy decisions finalized at the June, 2006 WorkSafeBC Board of Directors meetings
The following resolutions were finalized by WorkSafeBC's Board of Directors in June 2006. For information about the function and mandate of the Board of Directors, please see Governing Structure.
Transitional Rules Regarding Recurrence of Disability
The Board of Directors approved changes to policy item #1.03 in Volumes I and II of the Rehabilitation Services & Claims Manual. This policy interprets section 35.1(8) of the Workers Compensation Act (Act). Section 35.1(8) is one of several transitional provisions setting out how WorkSafeBC must apply major amendments to the Act that came into effect on June 30, 2002. In particular, section 35.1(8) provides that if, on or after June 30, 2002, a worker has a recurrence of a disability that results from an injury that occurred before June 30, 2002, the current provisions of the Act apply.
The policy amendment clarifies that, for the purposes of the transitional provisions, a recurrence of disability does not include a permanent change in the nature and degree of a workers permanent disability. Instead, a recurrence includes any claim that is re-opened for an additional period of temporary disability, regardless of whether the worker had been entitled to a permanent disability award before June 30, 2002.
The policy changes take effect on August 1, 2006 and apply to all decisions, including appellate decisions, made on or after October 16, 2002.
You may also examine the complete resolution and policy amendment.
For further information on this issue, please contact Susan Furlong at 604 276-5160.
Average Earnings and Worker Expenses
The Board of Directors approved changes to the Rehabilitation Services & Claims Manual, policy items #68.61 (renamed "Workers Deducting Business and/or Equipment Expenses") and #68.62 (Fishers) to add guidance for deducting expenses from workers' and fishers' gross earnings to determine average earnings. These policies apply in cases where workers and fishers without Personal Optional Protection take deductions from gross earnings for expenses incurred in providing labour. In addition to adding four questions to consider in deducting expenses, the policies were edited for clarity in response to stakeholder comments.
The changes are effective for claims resulting from injuries occurring on or after August 1, 2006.
For further information on this issue, please contact Cameron Angus at 604 276-5160.
You may also examine the complete resolution and policy amendments.