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Commencement Dates for Non-Traumatic Hearing Loss Pensions Under Section 7(3) of the Workers Compensation Act
99/05/28-01
THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA
RESOLUTION OF THE PANEL OF ADMINISTRATORS
Re: Commencement Dates for Non-Traumatic Hearing Loss Pensions
Under Section 7(3)
of the Workers Compensation Act
WHEREAS:
Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto, the Panel of Administrators must approve and superintend the policies and direction of the Workers' Compensation Board ("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:
B.C. Regulation 590/75, the Hearing Loss Regulation; Decision No. 136, Re Compensation for Hearing Loss; and Policy Item #31.80 of the Rehabilitation Services and Claims Manual; set the commencement date for non-traumatic hearing loss pensions where there is no loss of earnings;
AND WHEREAS:
The issue of commencement dates for non-traumatic hearing loss pensions identified in Appeal Division Decision #93-0658 was referred to the Board of Governors in 1993;
AND WHEREAS:
On the advice of the Policy Development Consultation Committee, the Policy Bureau consulted with employer and worker communities on the matter;
AND WHEREAS:
The Panel of Administrators has considered interpretive options with respect to Section 7(3) of the Workers Compensation Act;
AND WHEREAS:
As a result of a rethinking of paragraph 4 of Policy Item #31.80, the Panel of Administrators has decided to establish a commencement date for pensions, where there is no loss of earnings, as the earlier of either the date of application or the date of first reliable and valid medical evidence of a pensionable degree of hearing loss as set out in Schedule D of the Workers Compensation Act;
THE PANEL OF ADMINISTRATORS RESOLVES THAT:
- Pursuant to Section 75 of the Workers Compensation Act, the Board orders that B.C. Regulation 590/75, the Hearing Loss Regulation, be repealed effective September 1, 1999;
- Decision No. 136, Re Compensation for Hearing Loss, 2 WCR 140, be repealed;
- Policy Item #31.80, paragraph 4, in the Rehabilitation Services and Claims Manual be amended to provide that the commencement date for a pension under Section 7(3), where there is no loss of earnings, is, subject to Section 55, the earlier of either the date of application or the date of first reliable and valid medical evidence showing a threshold level of hearing loss under Schedule D. Where the date of application is used as the commencement date, it must be subsequently supported by reliable and valid medical evidence as of the date of application;
- The repeal of Decision No. 136 and the amendment of Policy Item #31.80 as attached, are effective on repeal of B.C. Regulation 590/75, i.e. September 1, 1999 and applies to applications received by the Board after that date.
DATED at Richmond, British Columbia, June 15, 1999
| By the Workers' Compensation Board |
|
| DON COTT, CHAIR, PANEL OF ADMINISTRATORS |
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REHABILITATION SERVICES & CLAIMS MANUAL
AMENDMENTS
[Deletions Struck Through, Additions in Bold Italics]
#31.80 Commencement of Periodical Payments Pension Benefits under Sections 6 and 7
- The following applies to claims for loss of hearing of non-traumatic origin.
- Where compensation is being awarded under Section 6, then, subject to Section 55, periodical payments pension benefits shall be calculated to commence as of the date upon which the worker first became disabled from earning full wages at the work at which the worker was employed.
- Where compensation is being awarded under Section 7 in respect of a loss of earnings or impairment of earnings capacity, then, subject to Section 55, periodical payments of compensation pension benefits shall be calculated to commence as of the date when the worker first suffered such loss of earnings or impairment of earnings capacity, or as of September 1, 1975, whichever is the later.
- Where compensation is being awarded under Section 7 but not in respect of any loss of earnings or impairment of earning capacity, then, subject to Section 55, periodical payments of compensation pension benefits shall be calculated to commence as of the date when the Board first receives a claim or other document indicating that the worker is claiming compensation for loss of hearing 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 Workers Compensation Act., or as of September 1, 1975, whichever is the later. 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. In no case will pension benefits under Section 7(3) commence prior to September 1, 1975.
ORDER OF THE WORKERS' COMPENSATION BOARD
Pursuant to Section 75 of the Workers Compensation Act, the Workers' Compensation Board orders that B.C. Reg. 590/75, the Hearing Loss Regulation, is repealed effective September 1, 1999.
DATED at Richmond, British Columbia, June 15, 1999.
| By the Workers' Compensation Board |
|
| DON COTT, CHAIR, PANEL OF ADMINISTRATORS |