BOD Decision Letter - Section 251 Decision – Loss of Earnings
At its meeting on March 19, 2008, the Board of Directors considered a decision of the Chair of the Workers’ Compensation Appeal Tribunal that policy item #40.00 of the Rehabilitation Services and Claims Manual, Vol. II, is so patently unreasonable that it is not capable of being supported by the Workers Compensation Act (“Act”) and its regulations. This determination was made under section 251(3) of the Act.
The specific issue for the Board of Directors to determine was whether the policy in question can be rationally supported by the Act. To assist in answering this question, the Board of Directors sought advice from its General Counsel, the Policy and Research Division and from an independent and external Legal Counsel.
The Board of Directors made a decision on this issue at the March 19, 2008 meeting. You may examine the decision letter of the Board of Directors to the Chair of the Workers’ Compensation Appeal Tribunal, advising that the Board of Directors has determined that the policy is not patently unreasonable and that the WCAT must apply it.