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Policy decisions finalized at the October 15, 2001 WCB Panel of Administrators meeting
The following resolutions were finalized by the WCB Panel of Administrators on October 15, 2001. For information about the function and mandate of the Panel, please see Governing Structure.
Calculation of Interest
The Panel of Administrators has approved amendments to the Board's policies on interest, as provided in policy item #50.00 of the Rehabilitation Services and Claims Manual and policy no. 40:70:40 of the Assessment Policy Manual.
There are several provisions in the Workers Compensation Act that provide for interest in specific situations concerning compensation, assessment and prevention matters. Generally, the Act requires interest to be paid where a decision of the Appeal Division is to the benefit of a worker or employer. This entitlement is limited to the period of time that the matter was under appeal.
However, the Board has determined that it has discretion to pay interest in situations other than those expressly provided for in the Act. Board policy provides for the interest rate, the method of calculation, and the scope of entitlement.
With respect to compensation matters, the Board's previous policy provided interest if a retroactive wage-loss or pension lump-sum payment was made to a worker or an employer for a condition that was previously overlooked or for which the Board previously decided that no payment was due. The only restriction to interest entitlement was that the period of retroactivity had to be greater than one year. The rate of interest was equal to the average rate of return on the Board's total investment portfolio.
The amended policy will calculate interest in a manner consistent with the Court Order Interest Act. This Act provides simple interest at a rate equal to the prime lending rate of the banker to the government (i.e., CIBC). With respect to compensation matters, more restrictive criteria for determining when it is appropriate to pay interest in situations other than those expressly provided for in the Act have been developed. Interest will be provided if a "blatant Board error" necessitates a retroactive wage-loss or pension lump-sum award. This test is presently used to determine when interest may be provided to employers due to an overpayment of assessment. For an error to be "blatant" it must be an obvious and overriding error. Generally, interest will be paid back to the commencement date of the retroactive benefit award. Notwithstanding, in no case will interest accrue for a period greater than twenty years.
The amendments come into effect on November 1, 2001.
For further information on this issue, please contact Joe Pinto with respect to compensation matters at 604 273-2266 local 8596.
With respect to assessment matters, please contact Peggy MacDonald at 604 273-2266 local 1841, or toll free within BC at 1 888 922 2768, local 1841.
You may also examine the complete
resolution.
Miscellaneous Amendments to the Occupational Health and Safety Regulation
The Panel of Administrators has approved amendments to the Occupational Health and Safety Regulation. Requirements 1.1 - definitions, 4.4 - conformity to standards, 6.27 - waste removal, 6.116 - definitions, 9.48 - compressed gas cylinders, 9.49 - torches and hoses, 11.29 - temporary systems for fall arrest, 11.30 - permanent systems, 12.102 - cleanup, 12.106 - operating controls, 12.124 - respiratory protection, 13.121 - level indicating devices, 16.8 - warning signal device, 16.10 - rear view mirrors, 16.11 - window standards, 16.31 - rider restriction, 20.78 - work standards, 20.81 - sloping and shoring requirements, 22.6 - notice of project, 22.144 - limiting descent, 24.9 - notice of project, 26.40 - anchors, 26.65 - bullboards, and 26.70 - unguarded equipment, have been amended.
The Board has given notice and held a public hearing on these amendments in accordance with Section 226(1) of the Workers Compensation Act.
The effective date of these amendments is January 28, 2002.
These amendments are part of an on-going review of the Occupational Health and Safety Regulation.
For further information on this issue, please contact Nick Attewell at 604 244 6376, or toll free within BC at 1 888 621 7233, local 2618
You may also examine the complete
resolution.