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Payment of Public Trustee and Committee Fees

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE PANEL OF ADMINISTRATORS

July 16, 1998

Re: Payment of Public Trustee and Committee Fees


WHEREAS:

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") including policies respecting compensation, assessments, rehabilitation and occupational safety and health and must review and approve the operating policies of the Board;

AND WHEREAS:

The Rehabilitation Services and Claims Manual does not provide policy guidance regarding whether the Board can pay administrative fees to the Public Trustee of a Committee when compensation is redirected under Section 35(1) of the Act;

THE PANEL OF ADMINISTRATORS RESOLVES THAT:

  1. Policy Item #49.30, attached as Appendix "A" to this resolution, is added to the Rehabilitation Services and Claims Manual;

  2. This new policy is effective as of the date this resolution is signed and applies to new claims received and all claims that are active on the effective date. For active claims, the Board will pay the fees from the date the policy comes into effect and beyond, but not prior to the effective date.

By the Workers' Compensation Board


Appendix "A"


#49.30 PAYMENT OF PUBLIC TRUSTEE AND COMMITTEE FEES

The Board pays the fees charged to a worker by the Public Trustee or Committee for managing the worker's entire estate when the following conditions are met:

  1. The worker is incapable of managing his or her own affairs and the Public Trustee or Committee administers the worker's estate;

  2. The worker's incapacity to manage his or her own affairs results from a compensable injury or disease; and

  3. The Public Trustee or Committee is appointed to manage the worker's affairs under the Patients Property Act or the Public Trustees Act, or equivalent statute.

The Board will pay the Public Trustee and Committee fees in accordance with the fee schedule established by the Public Trustee. Fees may include the account review fee paid to the Public Trustee by Committees and the accountant's fees for preparing the account summaries.

The Board will pay the Committee fees after the Public Trustee has approved the accounts.