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E-File – Manual Amendments

990413-03

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE PANEL OF ADMINISTRATORS

Re: E-File – Manual Amendments

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, assessment, rehabilitation and occupational safety and health, and must review and approve the operating policies of the Board;

AND WHEREAS:

The Board's current policies dealing with the treatment of irrelevant sensitive information, the treatment of unsolicited information, and the treatment of pejorative comments on the claim file are provided in Policies #99.30, #99.23A, #99.23B and #99.35 of the Rehabilitation Services and Claims Manual;

AND WHEREAS:

These policies assume the existence of a paper claim file and require amendment to accommodate an electronic file environment as well;

THE PANEL OF ADMINISTRATORS RESOLVES THAT:

  1. Policies #99.23A and #99.23B of the Rehabilitation Services and Claims Manual are replaced by a policy setting out only the principles for dealing with unsolicited information to ensure that the file contains accurate and relevant information, as set out in the attached Appendix I.
  2. Policy #99.30 of the Rehabilitation Services and Claims Manual is amended to provide that:
    1. irrelevant (sensitive personal) information will be destroyed rather than returned to the sender; and
    2. an original document will be returned to the sender where the original is in the possession of the Board and upon request by the worker or sender, as set out in the attached Appendix II.
  3. The Board will take steps to educate senders on the need to send only relevant information.
  4. Policy #99.35 of the Rehabilitation Services and Claims Manual is amended to provide that, in an electronic file environment, an annotation citing the comment as pejorative will be placed on the record, as set out in the attached Appendix III.
  5. These policy changes come into effect on the date this resolution is signed.

Dated at Richmond, BC June 15, 1999.

  By the Workers' Compensation Board
  DON COTT,
CHAIR, PANEL OF ADMINISTRATORS

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APPENDIX I
to Resolution #990413-03

#99.23  Unsolicited Information

Unsolicited information will not be placed on the worker's claim until it has been assessed for relevancy and accuracy.

Where the Board receives unsolicited information about a worker, the following principles apply:

  1. Unsolicited information that is clearly irrelevant to the administration of the worker's claim will be destroyed.

  2. Unsolicited information that appears to be relevant or potentially relevant to the administration of the worker's claim will be investigated for accuracy.

  3. Where, after investigation, the information is determined to be inaccurate or its accuracy is unknown, the information will be destroyed, including any record that initiated the investigation, the investigation report and any documentation obtained in connection with the investigation.

  4. Where, after investigation, the information is determined to be accurate, a final assessment as to relevancy will be made.

  5. Where accurate information is considered to be irrelevant to the administration of the worker's claim, the information will be destroyed, including any record that initiated the investigation, the investigation report and any documentation obtained in connection with the investigation.

  6. Where accurate information is considered to be relevant or potentially relevant to the administration of the worker's claim, the information is placed on the worker's claim as follows:
    1. anonymous information – The investigation report and any documentation obtained in connection with the investigation will be placed on the claim. The record that initiated the investigation will be destroyed and the claim will state that the investigation was initiated on the basis of information received.
    2. information from identified source  – The record that initiated the investigation, the investigation report and any documentation obtained in connection with the investigation will be placed on the claim.

    An identified source will be advised that the information may be disclosed to the worker. If the identified source wishes to become anonymous at any time, the information will be treated as anonymous information under (a) above. If the identified source wishes to remain identified, this will be recorded on the worker's claim.

  7. If only some of the information is accurate and only some of the accurate information is relevant or potentially relevant to the administration of the worker's claim, the record that initiated the investigation will be destroyed and reference will only be made on the worker's claim to information that is both accurate and relevant or potentially relevant.

  8. If, during the investigation, accurate information is discovered that is unrelated to the subject matter of the unsolicited information, but is relevant to the administration of the worker's claim, that information will be recorded separately on the worker's claim.

  9. Where unsolicited information is found to be accurate and relevant or potentially relevant to the administration of the worker's claim, the worker will be advised of the information and given an opportunity to comment. Complaints about the accuracy and relevancy of unsolicited information will be dealt with according to #99.35 – Complaints Regarding File Contents.

APPENDIX II
to Resolution #990413-03

#99.30  Disclosure of Claim Files

The claim file is the master file for recording information used in the adjudication and administration of a claim. Information may exist outside of the claim file. However, all evidence used in the adjudication of the claim is contained in the claim file. When obtained by the Adjudicator or other Board officer, the opinions of both outside physicians and Board Medical Advisers, as well as any further comments on the part of the Adjudicator or other Board officer, are all recorded on, and become part of, the claim file.

Sensitive personal information that is received, which has not been specifically requested and which is not relevant to the adjudication or administration of the claim shall be returned to the sender and shall will not become part of the claim file. It will normally be destroyed. However, where the original document is still in the Board's possession, it will be returned to the sender when requested by the worker or sender. When the Adjudicator or other Board officer has questions about the relevancy of information received, the information shall be brought to the attention of a Manager. The Manager shall make the decision as to whether information received is sensitive or irrelevant and whether the information should be placed on the claim file.

Discretion is necessary in documenting the file to ensure that rumour or innuendo is not mistakenly reported as fact where it is unsupported or cannot be verified. Board staff members should confine their file comments regarding claimants, employers and other persons involved in the claim to relevant matters which they have observed personally or for which there is other supporting evidence. They should confine their observations to the particular circumstances of the claim or other matter and should not make general comments about an individual's personality. They should word their comments in the least offensive way possible and avoid derogatory terms.

In recognition of the sensitive nature of sexual assault claims where the employer is alleged to be the perpetrator of the assault, all such cases, regardless of the residence of the worker, are assigned to the Sensitive Claims Area. Disclosure of these claim files for appeal and other legal purposes is administered by the Sensitive Claims Area.


APPENDIX III
to Resolution #990413-03

#99.35  Complaints Regarding File Contents

Only where it is personal information which is irrelevant to the claim, does the Board permit the deletion or removal from claim files of statements or documents to which a claimant, employer or other person referred to on the file objects. A person making an objection as to the accuracy of file information will be allowed to place on the file statements or material to rebut the statements to which there is an objection. However, the Board will not make a ruling on a dispute over the accuracy of file information save when it is necessary in the normal course of events for the purpose of reaching a decision on the merits of the claim or other matter. Where the person making the objection is the claimant, anyone who had access to the file in the one-year period prior to the annotation to the record will be informed.

A complaint that a comment on a Board file is pejorative may be forwarded to the President. If it is concluded that the comment is pejorative, the comment will be stamped, or annotated electronically where appropriate, to identify the comment as pejorative and to refer the reader to the correcting documentation.