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Section 55 and mental disorder claims

Section 55 of the Workers Compensation Act sets out the limitation period for filing an application for compensation. It states that no compensation is payable unless an application is filed, or an adjudication made, within one year after the date of injury, death or disablement from an occupational disease.

The Policy, Regulation and Research Division (PRRD) is releasing a discussion paper reviewing how section 55 is applied to mental disorder claims.

The PRRD is seeking stakeholder feedback prior to developing draft policy. The questions for consideration relate to the date which could be used to trigger a worker’s obligation to file an application for compensation for a mental disorder. The questions can be found through the comment link below.

Stakeholder feedback received during this consultation period will inform the development of draft policy. After the consultation period has been concluded and the feedback has been reviewed and considered, a further discussion paper and draft policy for consultation will be released prior to the Board of Directors’ consideration and approval.

Discussion Paper

Feedback on policy

There are a number of ways for stakeholders to provide feedback:

 

(a) Comment link:

Comment

Through the Comment link below, you will be able to provide immediate feedback by completing an online submission form.

Please note: Once you click the “submit” button at the bottom of the form you cannot access it again to make additional comments. Therefore, if you wish to make detailed comments in the feedback section, you may want to draft your comments using a word processing format and then cut and paste them into the submission form.

(b) Email: policy@worksafebc.com
(c) Mail: Sheena Clarkson
Senior Policy and Legal Advisor
Policy, Regulation and Research Division
WorkSafeBC
P.O. Box 5350, Stn Terminal
Vancouver, B.C. V6B 5L5
(d) Fax: 604.279.7599;
or toll-free in B.C. 1.877.279.7599

The consultation period will end on November 2, 2018.

The feedback received will inform the development of draft policy which will be released for consultation prior to the Board of Directors’ consideration and approval.

Please note that all comments become part of the Policy, Regulation and Research Division’s database and may be published, including the identity of organizations and those participating on behalf of organizations. The identity of those who have participated on their own behalf will be kept confidential according to the provisions of the Freedom of Information and Protection of Privacy Act.