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Claims avoidance

2001/07/17-05

THE WORKERS' COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE PANEL OF ADMINISTRATORS

Re: Claims Avoidance

WHEREAS:

Pursuant to Section 82 of the Workers Compensation Act, RSBC 1996, Chapter 492 and amendments thereto, the Panel of Administrators ("Panel") 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:

The Board's policy regarding an employer's obligation not to discourage a worker from reporting to the Board is provided in policy item #94.20 of the Rehabilitation Services and Claims Manual;

AND WHEREAS:

Policy item #94.20 requires revision following the enactment of Part 3 of the Workers Compensation Act;

THE PANEL OF ADMINISTRATORS RESOLVES THAT:

  1. Policy item #94.20 of the Rehabilitation Services and Claims Manual is amended to recognize the repeal of section 13(2) and the enactment of section 177 of the Workers Compensation Act, regarding attempts to prevent reporting.
  2. Policy item #94.20 is also amended to recognize that the Board may levy an administrative penalty in respect of a violation of section 177.
  3. The amendments to policy item #94.20, as attached, are approved.
  4. The amended policy item #94.20 is effective August 1, 2001.

DATED at Richmond, British Columbia, July 17, 2001.

 

By the Workers' Compensation Board

 
  MAUREEN NICHOLLS, CHAIR
PANEL OF ADMINISTRATORS

REHABILITATION SERVICES & CLAIMS MANUAL
PROPOSED AMENDMENTS
[Deletions Struck Through, Additions in Bold]

#94.20 Obligation Not to Discourage Worker from Reporting to Board Employer or Supervisor Must Not Attempt to Prevent Reporting

Section 13(2) provides that "Where an employer, or a worker of that employer having supervisory responsibilities, by agreement, threats, promises, inducements, persuasion or any other means seeks to discourage, impede or dissuade a worker of the employer, or the worker's dependant, from reporting to the board

a. an injury or allegation of injury, whether or not the injury occurred or is compensable...;
b. an occupational disease, whether or not the disease exists or is compensable...;
c. a death, whether or not the death is compensable . . . ; or
d. a hazardous condition or allegation of hazardous condition in any employment to which this Part applies,

the employer commits an offence and is liable on conviction to a fine not exceeding... "the amount set out in Part 2 of Appendix 6;"... and the worker having supervisory responsibilities commits an offence and is liable on conviction to a fine not exceeding…" the amount set out in Part 2 of Appendix 6. Where there is any suggestion that Section 13 has been violated, the claim should be referred immediately to a Director, Claims.

Section 177 of the Workers Compensation Act provides as follows:

An employer or supervisor must not, by agreement, threat, promise, inducement, persuasion or any other means, seek to discourage, impede or dissuade a worker of the employer, or a dependant of the worker, from reporting to the board
  1. an injury or allegation of injury, whether or not the injury occurred or is compensable under Part 1,
  2. an illness, whether or not the illness exists or is an occupational disease compensable under Part 1,
  3. a death, whether or not the death is compensable under Part 1, or
  4. a hazardous condition or allegation of hazardous condition in any work to which this Part applies.

The Board may impose an administrative penalty if it is determined that an employer has violated Section 177. The general criteria for calculating administrative penalties are provided in the Prevention Manual at item D12-196-6. The "basic amount" of the administrative penalty will normally be determined in accordance with the amounts established for a "Category B Penalty". Where the non-compliance was willful or with reckless disregard, the penalty may be determined in accordance with the amounts established for a "Category A Penalty".

Policy item D12-196-6 also provides for the recovery of costs saved through non-compliance. The amount of any costs saved or profit made by the employer through committing the violation shall, as far as known, be added to the penalty amount.
As an alternative to imposing an administrative penalty, the Board may refer the case to Crown Counsel for consideration of prosecution. The maximum fine that may be levied following conviction is set out in Part 2 of Appendix 6.