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Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto (the "Act"), the Panel of Administrators (the "Panel") must approve and superintend the policies and direction of the Workers' Compensation Board (the "Board") and must:
82(a)(ii) review and approve operating policies of the Board, 82(a)(iii) approve operating and capital budgets of the Board, 82(a)(v) approve major programs and expenditures;
Section 16 of the Act states that the Board may take measures and make expenditures from the accident fund that it considers necessary or expedient to aid in getting injured workers back to work or to assist in lessening or removing a resulting handicap;
As part of its rehabilitation expenditures, the Board may provide continuity of income benefits in appropriate circumstances to injured workers between the termination of temporary disability benefits and the commencement of permanent disability benefits;
Board policy on continuity of income benefits is set out in Policy Item #89.11 of the Rehabilitation Services and Claims Manual;
In September 1996, the Compensation Services Division made changes to the payment procedures on continuity of income benefits;
The Panel asked the Policy and Regulation Development Bureau (the "Bureau") of the Board to consult with stakeholders regarding the changes to the payment procedures and bring any policy issues to the Panel for decision;
The Bureau consulted on and brought to the Panel:
- Policy issues concerning the rate at which continuity of income benefits are paid; and
- Policy issues concerning the requirement that continuity of income benefits are available only to workers who are:
- unemployed; and
- have no existing pension on the claim;
- The policy provisions on adjusting the amount of continuity of income payments take effect as of September 1, 1996 and are applicable to all cases affected since that date by the changes made to the payment procedures by the Compensation Services Division;
- The policy provisions on the payment of continuity of income benefits to workers who are employed but at a reduced income level and/or whose existing pensions are being reviewed are effective as of the date of this resolution and create no entitlement to benefits nor any increase in benefits prior to that date.