WorkSafeBC Home

POA Decision – 2002/07/16-04 – Average Earnings: Exceptional Circumstances

The Panel of Administrators approved an amendment to the Board's policy on exceptional circumstances, as provided in policy item #67.60 of the Rehabilitation Services & Claims Manual, Volume II. With respect to exceptional circumstances, the Board's previous policy provided that particular types of workers had exceptional circumstances that would make the application of section 33.1(2) of the Workers Compensation Act inequitable. Upon reconsideration, the Panel of Administrators has determined that it is more appropriate to define the inequity that results from the application of section 33.1(2) and to provide specific criteria for determining exceptional circumstances. The policy defines inequity. The inequity is that the level of compensation calculated does not best reflect the worker's long-term loss of earnings. In making this determination, "best" does not mean the highest level of compensation possible, but rather, that the level of compensation reflects the actual loss incurred by the worker. The policy further provides three criteria to be applied to determine if a worker's circumstances are exceptional.

Meeting Date: Jul 16, 2002 File type: PDF (144 KB) Asset type: Policy & Regulation Decision