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Authority to Decide Prevention Order Appeals

99/06/15-04

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE PANEL OF ADMINISTRATORS

Re: Authority to Decide Prevention Order Appeals


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 WHEREAS:

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, and by resolution of April 23, 1998, this policy was extended to cover appeals against the non-issue of orders;

AND WHEREAS:

Reorganizations of the Prevention Division in 1997 and 1999 have resulted in a change in title from "Director, Field Operations" to "Director, Regional Services", and a significant increase in responsibility for that position;

AND WHEREAS:

Significant delays have been experienced in dealing with appeals by the Director, Regional Services, and a backlog of outstanding appeals has developed;

AND WHEREAS:

A policy decision is required by the Panel of Administrators to authorize additional qualified persons designated by the Vice-President, Prevention Division, to hear appeals;

THE PANEL OF ADMINISTRATORS RESOLVES THAT:

  1. The Vice-President, Prevention Division, may in writing assign to any director or assistant director in the Prevention Division with relevant expertise the authority to exercise the appeal functions granted to the Director, Field Operations, under Policy 1.4.5 of the Prevention Division Policy and Procedure Manual.
  2. Any assignment in writing made by the Vice-President is available to the public on request.
  3. This resolution constitutes a policy decision of the Panel of Administrators.

DATED at Richmond, British Columbia, June 15, 1999.

  By the Workers' Compensation Board

  DON COTT, CHAIR
PANEL OF ADMINISTRATORS