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Policy decisions finalized at the March 16, 2000 WCB Panel of Administrators meeting

The following is a summary of the policy decisions finalized by the WCB Panel of Administrators on March 16, 2000. For information about the function and mandate of the Panel, please see Governing Structure.

Selective/light Employment

The Panel of Administrators has approved amendments to the Board's policy on selective/light employment as provided in policy item #34.11 of the Rehabilitation Services and Claims Manual.

Selective/light employment is a temporary work alternative, offered by an employer, that is intended to promote a worker's gradual restoration to the pre-injury level of employment. The Board supports selective/light employment as an important component of a worker's rehabilitation and recognizes the value of maintaining an injured worker's positive connection to the workplace.

Policy item #34.11 is amended to clarify the conditions that must be met prior to an injured worker undertaking selective/light employment and to specify situations where a Board officer will intervene to ensure that the employment is suitable.

The policy is also amended to specify the factors that should be considered when determining the reasonableness of a worker's refusal to accept an offer of selective/light employment.

The amendments come into effect on April 1, 2000.

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.

Loss of Earnings Pensions Past Age 65

The Panel of Administrators has approved amendments to the Board's policy on the duration of projected loss of earnings pensions, as provided in policy item #40.20 of the Rehabilitation Services and Claims Manual.

Section 23(3) of the Workers Compensation Act provides for the projected loss of earnings method of calculating a permanent partial disability pension. The Board does not consider that these pensions should be payable for life in every case. Since this type of pension is based on actual loss of earnings resulting from the injury, the Board considers it reasonable to interpret the provision as allowing for termination of benefits when a worker would not have been working due to retirement.

Policy item #40.20 is amended to clarify that the Board considers age 65 to be the standard retirement age. The policy is also amended to clearly state that a projected loss of earnings pension may be awarded or continued in whole past the standard retirement age. In these situations, clear and objective evidence will be required to show that the worker would have continued to work past the standard retirement age if the compensable injury had not occurred.

The amendments come into effect on April 1, 2000.

For further information on this issue, please contact James Watson at 604 231-8650 or toll free within BC at 1 888 967-5377, local 8650.

You may also examine the complete resolution.

New Policy for Determining Administrative Penalty Amounts under Section 196 of the Workers Compensation Act

The Workers Compensation (Occupational Health and Safety) Amendment Act, 1998 (Bill 14) took effect on October 1, 1999. Among other changes, it added Section 196 to the Workers Compensation Act. Section 196 authorizes the Board to impose administrative penalties of up to $500,000 for prevention violations by employers.

The Panel of Administrators approved policies to implement the Amendment Act last year, including a number of policies regarding administrative penalties under Section 196. Those policies were incorporated into a new Prevention Manual.

The Manual did not, however, include a policy on how to determine the amount of an administrative penalty once the decision had been made to impose the penalty. More work was required in the area. As an interim measure, the Panel extended the existing "Recommended Schedule of Sanctions" until that work had been completed.

The Panel of Administrators has now approved a new policy with the following general features:

  • basic amounts. determined by formulas based upon assessable payroll and risk, ranging from $1,000 to $75,000;
  • power to vary (up or down) the basic amounts by up to 30% to reflect the circumstances;
  • special provisions for situations where the violation is confined to one site of a multi-site employer; and
  • increased amounts for repeat penalties, egregious situations such as deliberate high risk violations causing fatalities and where the employer has profited from the violation.

The new policy is effective May 1, 2000 and will apply where a decision is made to levy a penalty in respect of a violation occurring on and after that date. Penalties for violations prior to May 1, 2000 will be determined on the basis of the "Recommended Schedule of Sanctions".

The policy will be reviewed after it has been in effect for three years.

For further information on this issue, please contact Nick Attewell at 604 273-2266, local 2618 or toll free within BC at 1 888 621-7233, local 2618.

You may also examine the complete resolution.

Changes to the Assessment Policy Manual Regarding New Experience Rating Plan

In this resolution the Panel approved changes to the Assessment Policy Manual which:

  1. reflect the new experience rating plan approved by the Panel in Resolution #990824-02, and
  2. reflect the change in internal responsibility for moving a firm or industry from one classification to another.

    For further information on these issues, please contact Meg Brighton at (604) 244-6354, or toll free within BC at 1-888-922-2768, local 6354.

You may also examine the complete resolution.

Experience Rating — Pilot Project for the Construction Sector

In Resolution #2000/01/21-02, the Panel approved a modification of the experience rating plan for the Construction Sector. For the next three years, firms in the Construction Sector will be subject to maximum ER surcharges and discounts of 33.3%, rather than the maximum 100% surcharge and 50% discount that applies to all other firms. This is a pilot project and, at the end of the three years, the Board will evaluate the impact of the project on the Construction Sector. During the pilot project, firms in the Construction Sector are required to participate in other Board programs which have the purpose of reducing the frequency or cost of work-related injuries, diseases and deaths.

For further information on these issues, please contact Meg Brighton at (604) 244-6354 or toll free within BC at 1-888-922-2768, local 6354.

You may also examine the complete resolution.