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Policy decision finalized at the July 17, 2012 WorkSafeBC Board of Directors meeting
The following decision was finalized by WorkSafeBC's Board of Directors (“BOD”) in July, 2012. For information about the function and mandate of the BOD, please see Governing Structure.
Section 251 Decision – Interest on Compensation
On July 17, 2012, the BOD considered two decisions from the Chair of the Workers’ Compensation Appeal Tribunal (“WCAT”) that the blatant Board error test in policy item #50.00, Interest, of the Rehabilitation Services & Claims Manual, Volumes I and 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 BOD to determine was whether the policy in question can be rationally supported by the Act.
The BOD made a decision on this issue at its July 17, 2012 meeting. You may examine the decision letter (PDF 823kb) of the BOD to the Chair of the WCAT, advising that the BOD has determined that the policy is not patently unreasonable and that the WCAT must apply it.
The BOD also directed the PRD to commence a review of the interest policy. A discussion paper for consultation will be released shortly.
For further information on this issue, please contact Susan Hynes at 604 276-5160.
Court of Appeal for British Columbia – Loss of Earnings Policy
In a decision dated April 26, 2012, the Court of Appeal for British Columbia (“Court of Appeal”) found that policy item #40.00, Section 23(3) Assessment, Rehabilitation Services and Claims Manual, Volume II, is of no force and effect, only to the extent that it prevents decision-makers from considering the appropriateness of the amount of compensation that would be awarded under the loss of function method of permanent disability assessment.
By Resolution dated July 17, 2012, the Board of Directors of WorkSafeBC approved changes to policy item #40.00 to remove the three criteria in the policy and to incorporate guidance on the determination of significant loss of earnings.
The policy amendments apply to all decisions, including appellate decisions, made on or after April 26, 2012, the date of the Court of Appeal decision.
You may examine the resolution and policy amendments.
You may also review a table summarizing the consultation results.
For further information on this issue, please contact Susan Hynes at 604 276-5160.