Bill 49 – the Workers Compensation Amendment Act, 2002 – provided for a number of changes to the governance provisions and the benefit structure under the Workers Compensation Act ("Act").

The Workers' Compensation Board developed a number of policies to implement Bill 49 when it came into force. In doing so, a question arose about the interaction between the application of policy determined by the governing body of the Board under section 82 of the Act and the application of section 99 of the Act, which required the Board to give its decisions "according to the merits and justice of the case".

Consultation closed June 17, 2002.