BOD Decision -2012/07/17-02 – Section 23(3) Assessment
In a decision dated April 26, 2012, the Court of Appeal for British Columbia (“Court of Appeal”) found that policy item #40.00, Section 23(3) Assessment, Rehabilitation Services and Claims Manual, Volume II, is of no force and effect, only to the extent that it prevents decision-makers from considering the appropriateness of the amount of compensation that would be awarded under the loss of function method of permanent disability assessment. You may examine the resolution and policy amendments. By Resolution dated July 17, 2012, the Board of Directors of WorkSafeBC approved changes to policy item #40.00 to remove the three criteria in the policy and to incorporate guidance on the determination of significant loss of earnings. The policy amendments apply to all decisions, including appellate decisions, made on or after April 26, 2012, the date of the Court of Appeal decision.