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Policy decision finalized at the March 2008 WorkSafeBC Board of Directors meeting

The following resolutions were finalized by WorkSafeBC's Board of Directors in March 2008. For information about the function and mandate of the Board of Directors, please see Governing Structure.

Policy Amendments Regarding an Enhancement to Experience Rating to Address Impact of Change in Minimum Size Criteria for Rate Groups on Experience Rating

At its meeting on March 19, 2008, the Board of Directors approved policy authorizing WorkSafeBC to vary the 2008 and 2009 experience rating of employers identified by WorkSafeBC as having experienced a greater than 10% deterioration in their 2008 experience rating, owing solely to the change in the criteria for the minimum size of rate groups within the Employer Classification System. These employers shall have their 2008 and 2009 experience rating calculated based on comparing the employer’s cost to assessable payroll ratio to the cost to assessable payroll of a simulated rate group that replicates the employer’s 2007 rate group.

You may examine the complete resolution (PDF 28kb). For further information on this issue, please contact Gerry Paquette at 604 244-6321.

Section 251 Decision – Loss of Earnings

At its meeting on March 19, 2008, the Board of Directors considered a decision of the Chair of the Workers’ Compensation Appeal Tribunal that policy item #40.00 of the Rehabilitation Services and Claims Manual, Vol. II, is so patently unreasonable that it is not capable of being supported by the Workers Compensation Act (“Act”) and its regulations.  This determination was made under section 251(3) 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 Board of Directors made a decision on this issue at the March 19, 2008 meeting.  You may examine the decision letter of the Board of Directors to the Chair of the Workers’ Compensation Appeal Tribunal, advising that the Board of Directors has determined that the policy is not patently unreasonable and that the WCAT must apply it.  Decision letter (PDF 36kb).

For further information on this issue, please contact Kevin Molnar at 604 276-5160.

Policy Amendments Regarding Average Earnings and Exceptional Circumstances

At its meeting on March 19, 2008 the Board of Directors approved changes to policy item #67.60 of the Rehabilitation Services & Claims Manual, Volume II. The policy provides direction on exceptions to the general rule for determining a worker’s average earnings when setting the long-term wage rate.

Key changes include amended policy language to ensure decision-makers are not limited to considering only the criteria set out in the policy when determining whether exceptional circumstances exist.  Additionally, prior periods of wage-loss compensation are now expressly excluded from average earnings calculations.

The changes are effective May 1, 2008.  You may examine the complete resolution (PDF 44kb).

For further information on this issue, please contact Rachel Fisher at 604 276-5160.

Amount of Disfigurement Awards

On March 19, 2008, the Board of Directors approved amendments to policy item #43.20, Amount of Award, of Volume II of the Rehabilitation Services & Claims Manual, to ensure that disfigurement awards increase uniformly within each class for greater degrees of disfigurement.

The amendments come into effect on May 1, 2008 and apply to all decisions, including appellate decisions made on or after that date.

For further information on this issue, please contact Louise Kim at 604 276-5160.

You may examine the complete resolution (PDF 75kb).

Policy Amendments Regarding an Enhancement to Experience Rating – The Excess Cost Surcharge

At its meeting on March 19, 2008, the Board of Directors approved policy changes enhancing the experience rating system through the addition of an excess cost surcharge.  The amended policy sets out that firms meeting criteria demonstrating ongoing significant high costs will be subject to an excess cost surcharge, capped at 500 percent of the industry base rate for the firm's classification.

The changes are effective for rate years on or after January 1, 2009.  You may examine the complete resolution (PDF 75kb).  For further information on this issue, please contact Cameron Angus at 604 276-5160.

Revised Effective Dates for Approved Policy Packages

At the March 19, 2008 meeting, the Board of Directors approved amendments to the effective dates of two previously approved policy amendment packages.  Policy changes relating to Workplace Status in the Assessment Manual and Chapter 3 of the Rehabilitation Services & Claims Manual, Volume II were approved by the Board of Directors in 2007, with effective dates of January 1, 2009.

The January 1, 2009 effective dates were intended to allow sufficient time for the Claims Management Solutions (“CMS”) Systems to be developed, implemented and tested before the policy changes took effect.

Due to revisions to the CMS Systems implementation timeline, the Board of Directors has revised the effective dates of the Workplace Status and Chapter 3 policy changes to January 1, 2010.

For further information on this issue, please contact Deborah Viccars at 604 276-5160.

You may also examine the complete resolution (PDF 55kb).