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Policy decisions finalized at the June 15, 1999 WCB Panel of Administrators meeting
The following is a summary of the policy decisions finalized by the WCB Panel of Administrators on June 15, 1999. For information about the function and mandate of the Panel, please see Governing Structure.
- Pension Benefits for Loss of Visual Acuity
- Prepaid Personal Optional Protection
- E-File – Manual Amendments
- Commencement Dates for Non-Traumatic Hearing Loss Pensions
- Recording Principals' Earnings Information
- Acute Respiratory Reactions to Substances with Irritating or Inflammatory Properties
- Authority to Decide Prevention Order Appeals
Pension Benefits for Loss of Visual Acuity
The Panel of Administrators has approved amendments to policy item #39.42 of the Rehabilitation Services and Claims Manual. The amendments serve to incorporate the rationale for considering corrected vision in assessing visual acuity when determining compensation under Section 23(1) of the Workers Compensation Act.
Section 23(1) provides compensation based on the existence of a permanent partial "disability". The degree of disability is the extent to which the injury is presumed to impair the earning capacity of the average worker. In determining the degree of disability, measurement of the loss of visual acuity is usually based on the best vision obtainable after correction with corrective lenses. Effective application of corrective lenses should eliminate any impairment of earning capacity.
The amendments also recognize that certain occupations require perfect uncorrected vision as a condition of employment. In these circumstances, where the worker may suffer an actual loss of earnings, the policy states that a Section 23(3) loss of earnings pension may be more equitable.
The amendments came into effective on June 15, 1999.
For further information on this issue, please contact James Watson at 604 231-8650 or toll free within B.C. at 1 888 967-5377 local 8650.
You may also examine the complete resolution.
Prepaid Personal Optional Protection
The Panel of Administrators has approved in principle a policy change that would require Personal Optional Protection (POP) registrants to prepay their assessments, including as terms and conditions that:
- One month minimum coverage be provided;
- Refunds be given for unused coverage for all but the first month and partial months;
- Automatic cancellation of coverage at the end of the prepaid period with no grace period for late payment;
- Notice of the date of termination of coverage will be contained in the documents provided to the independent operator or employer granting the coverage;
- No additional notice of the date of termination will be provided to independent operators or employers granted coverage of less than three (3) months;
- Independent operators or employers granted coverage for three (3) months or longer will receive one notice of the date of termination in addition to the notice in the documents granting coverage.
The Panel resolution was signed June 15, 1999 with a tentative implementation date of September 1, 2000.
For further information on this issue, please contact Meg Brighton at 604 244-6354 or toll free within B.C. at 1 888 922-2768, local 6354.
You may also examine the complete resolution.
E-File – Manual Amendments
The Panel of Administrators has approved changes to the Board's current policies dealing with the treatment of unsolicited information, the treatment of irrelevant sensitive information and the treatment of pejorative comments on the claim file. These policies assume the existence of a paper claim file and require amendment to accommodate an electronic claim file (E-File) as well.
The new Board policy for the treatment of unsolicited information sets out only the principles for dealing with this type of information to ensure that the file contains accurate and relevant information.
Board policy on the treatment of irrelevant (sensitive personal) information now states that irrelevant information will be destroyed rather than returned to the sender. Furthermore, where the irrelevant information is an original document, it will be returned to the sender if it is in the possession of the Board and upon request by the worker or sender. The Board will also take steps to educate senders on the need to send only relevant information.
With respect to the treatment of pejorative comments on the claim file, the amended policy states that, in an electronic file environment, an annotation citing the comment as pejorative will be placed on the record.
These amendments took effect June 15, 1999.
For further information on this issue, please contact Susan Hynes at 604 231 -8864 or toll free within B.C. at 1 888 967-5377, local 8864.
You may also examine the complete resolution.
Non-Traumatic Hearing Loss Pensions
The Panel of Administrators has approved amendments to the Rehabilitation Services and Claims Manual to provide a new commencement date for a non-traumatic hearing loss pension where there is no loss of earnings (under Section 7(3) of the Workers Compensation Act).
Policy item #31.80, paragraph 4 is amended to provide that where compensation is being awarded under Section 7 of the Act, but not in respect of any loss of earnings or impairment of earning capacity, then, subject to Section 55, pension benefits shall be calculated to commence as of the earlier of either the date of application or the date of first medical evidence that is sufficiently valid and reliable for the Board to establish a pensionable degree of hearing loss under Schedule D of the Act.
Where the date of application is used as the commencement date, subsequent testing must support a pensionable degree of hearing loss as of the date of application.
These amendments take effect September 1, 1999.
For further information on this issue, please contact Pamela Cohen at 604 231-8341 or toll free within B.C. at 1 888 967-5377, local 8341.
You may also examine the complete resolution.
Recording Principals' Earnings Information
The Panel of Administrators has approved amendments to policy item #35.24 of the Rehabilitation Services and Claims Manual and items 40:30:20 and 40:30:30 of the Assessment Policy Manual. The amendments are consequential to a business process change by the Assessment Department.
Previously, the Assessment Department, through the "Employer Payroll and Contract Labour Report" (Form 1810), collected information from principals of limited companies that included their individual earnings information. As a result of the Department's new computer system, the names of principals and their individual earnings information will no longer be collected.
Form 1810 will continue to provide information regarding total principals' earnings. This will enable the Assessment Department to ascertain if the principals of a limited company have reported earnings.
This business process change is intended to reduce the amount of Board related paperwork and the complexity of reporting obligations for employers.
The amendments came into effect on June 15, 1999.
For further information on this issue, please contact Meg Brighton at 604 244-6354 or toll free within B.C. at 1 888 922-2768, local 6354.
You may also examine the complete resolution.
Acute Respiratory Reactions to Substances with Irritating or Inflammatory Properties
Paragraph 4 of Item #29.10 of the Rehabilitation Services and Claims Manual -- "Acute Respiratory Reactions to Substances with Irritating or Inflammatory Properties" was amended to clarify that a claim for reactive airways dysfunction syndrome (RADS) may be entitled to the presumption afforded by Item 6 of Schedule B (Asthma).
For further information on this amendment, please contact Jay Rowland or D. Campbell in Occupational Disease Services at 604 276-3007 or toll free within B.C. at 1 888 967-5377, local 3007.
You may also examine the complete resolution.
Authority to Decide Prevention Order Appeals
Policy 1.4.5 of the Prevention Division Policy and Procedure Manual provides for a right of appeal to the Director, Field Operations, with respect to the decision of a regional manager on orders issued by a Board officer. By resolution of April 23, 1998, this policy was extended to cover appeals against the non-issue of orders as well. To facilitate decision-making, the Panel has authorized the Vice-President, Prevention Division, to assign in writing to any director or assistant director in that Division with relevant expertise the appeal functions granted to the Director, Field Operations, under the policy.
For further information on this issue, please contact Nick Attewell at 604 231-8374 or toll free within B.C. at 1 888 621-7233, local 2618.
You may also examine the complete resolution.