Introduction to Compensation Claims for Injured Workers (7:III) - Revision history

Nate Russell: 2026 update

2026-09-25T22:31:58Z

2026 update

LSLAP at 19:05, 13 October 2025

2025-10-13T19:05:27Z

← Older revision		Revision as of 19:05, 13 October 2025
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	{{REVIEWED LSLAP \| date= ~~September 2, 2024~~}}		{{REVIEWED LSLAP \| date= 18 July 2025}}
	{{LSLAP Manual TOC\|expanded = workers}}		{{LSLAP Manual TOC\|expanded = workers}}

LSLAP at 07:08, 28 September 2025

2025-09-28T07:08:51Z

← Older revision		Revision as of 07:08, 28 September 2025
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	Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.		Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.

	Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''~~Act~~'' [Former Act, Part 1]. Specifically, the board may determine:		Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''WCA'' [Former Act, Part 1]. Specifically, the board may determine:

	* whether a worker's injury has arisen out of or in the course of an employment;		* whether a worker's injury has arisen out of or in the course of an employment;
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	* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.		* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.

	Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''~~Act~~'' [Former Act, Part 3].		Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''WCA'' [Former Act, Part 3].

	Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.		Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.

LSLAP at 23:40, 2 September 2024

2024-09-02T23:40:53Z

← Older revision		Revision as of 23:40, 2 September 2024
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	{{REVIEWED LSLAP \| date= ~~August 1~~, ~~2023~~}}		{{REVIEWED LSLAP \| date= September 2, 2024}}
	{{LSLAP Manual TOC\|expanded = workers}}		{{LSLAP Manual TOC\|expanded = workers}}

Clicklaw Editor at 19:08, 12 September 2023

2023-09-12T19:08:36Z

LSLAP at 22:49, 11 August 2023

2023-08-11T22:49:06Z

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-{{REVIEWED LSLAP | date= July 21, 2022}}
+{{REVIEWED LSLAP | date= August 1, 2023}}
 {{LSLAP Manual TOC|expanded = workers}}
-Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Board exclusive jurisdiction over workers’ compensation and OH&S matters.  The courts have historically respected these strong privative clauses.
+Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.
-* whether an injury has arisen out of or in the course of an employment;
+Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:
-Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the Act [Former Act, Part 3].
+* whether a worker's injury has arisen out of or in the course of an employment;
-Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim.  Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.
+* the existence and degree of a worker's disability by reason of an injury;
-The nature of the worker’s injury will generally determine the relevant law and policy.  The main types of injuries are:
+* the permanence of a worker's disability by reason of an injury;
 * Hearing Loss – section 145 of the WCA [Former Act, s. 7]
 {{LSLAP Manual Navbox|type=chapters1-7}}

Clicklaw Editor at 20:47, 13 December 2022

2022-12-13T20:47:10Z

LSLAP at 01:02, 3 September 2022

2022-09-03T01:02:24Z

← Older revision		Revision as of 01:02, 3 September 2022
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	{{REVIEWED LSLAP \| date= ~~June 30~~, ~~2021~~}}		{{REVIEWED LSLAP \| date= July 21, 2022}}
	{{LSLAP Manual TOC\|expanded = workers}}		{{LSLAP Manual TOC\|expanded = workers}}

LSLAP: LSLAP moved page Introduction to Compensation Claims for Injured Workers (7:IV) to Introduction to Compensation Claims for Injured Workers (7:III)

2021-07-28T03:18:35Z

LSLAP moved page Introduction to Compensation Claims for Injured Workers (7:IV) to Introduction to Compensation Claims for Injured Workers (7:III)

← Older revision	Revision as of 03:18, 28 July 2021
(No difference)

LSLAP: Replaced content with "{{REVIEWED LSLAP | date= June 30, 2021}} {{LSLAP Manual TOC|expanded = workers}} Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Bo..."

2021-07-28T03:15:44Z

Replaced content with "{{REVIEWED LSLAP | date= June 30, 2021}} {{LSLAP Manual TOC|expanded = workers}} Sections 122-125 and 19-20 of the WCA [Former Act, ss. 96 and 113] of the WCA give the Bo..."

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← Older revision		Revision as of 22:31, 25 September 2026
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	{{REVIEWED LSLAP \| date= 18 July ~~2025~~}}		{{REVIEWED LSLAP \| date= 7 July 2026}}
	{{LSLAP Manual TOC\|expanded = workers}}		{{LSLAP Manual TOC\|expanded = workers}}

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	Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''WCA'' [Former Act, Part 1]. Specifically, the board may determine:		Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''WCA'' [Former Act, Part 1]. Specifically, the board may determine:

	* ~~whether~~ a worker's injury has arisen out of or in the course of an employment;		* Whether a worker's injury has arisen out of or in the course of an employment within the scope of the compensation provisions;
	* ~~the~~ existence and degree of a worker's disability by reason of an injury;		* The existence and degree of a worker's disability by reason of an injury;
	* ~~the~~ permanence of a worker's disability by reason of an injury;		* The permanence of a worker's disability by reason of an injury;
	* ~~the~~ degree of impairment of a worker's earning capacity by reason of an injury;		* The degree of impairment of a worker's earning capacity by reason of an injury;
	* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;		* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;
	* ~~the~~ existence of dependency in relation to a worker;		* The existence of dependency in relation to a worker;
	* ~~the~~ amount of the average earnings of a worker for purposes of payment of compensation;		* The amount of the average earnings of a worker for purposes of payment of compensation;
	* ~~whether~~ a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;		* Whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;
	* ~~the~~ amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;		* The amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;
	* ~~whether~~ an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;		* Whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;
	* ~~whether~~ a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.		* Whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.

	Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''WCA'' [Former Act, Part 3].		Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''WCA'' [Former Act, Part 3].

← Older revision		Revision as of 19:08, 12 September 2023
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	Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.		Sections 122–125 and 19–20 of the WCA [Former Act, ss. 96 and 113] give the Board exclusive jurisdiction over workers’ compensation and OHS matters. The courts have historically respected these strong privative clauses.


	Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:		Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 of the ''Act'' [Former Act, Part 1]. Specifically, the board may determine:

	* whether a worker's injury has arisen out of or in the course of an employment;		* whether a worker's injury has arisen out of or in the course of an employment;

	* the existence and degree of a worker's disability by reason of an injury;		* the existence and degree of a worker's disability by reason of an injury;

	* the permanence of a worker's disability by reason of an injury;		* the permanence of a worker's disability by reason of an injury;

	* the degree of impairment of a worker's earning capacity by reason of an injury;		* the degree of impairment of a worker's earning capacity by reason of an injury;

	* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;		* the existence, for the purposes of the compensation provisions, of the relationship of a family member of a worker;

	* the existence of dependency in relation to a worker;		* the existence of dependency in relation to a worker;

	* the amount of the average earnings of a worker for purposes of payment of compensation;		* the amount of the average earnings of a worker for purposes of payment of compensation;

	* whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;		* whether a person is a worker, subcontractor, contractor or employer within the meaning of the compensation provisions;

	* the amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;		* the amount of the average earnings of a worker, whether paid in cash or board or lodging or other form of remuneration, for the purpose of levying assessments;

	* whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;		* whether an industry or a part, branch or department of an industry is within the scope of the compensation provisions, and the class to which an industry or a part, branch or department of an industry within that scope should be assigned;

	* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.		* whether a worker in an industry that is within the scope of the compensation provisions is within the scope of those provisions and entitled to compensation under those provisions.


	Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''Act'' [Former Act, Part 3].		Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 of the ''Act'' [Former Act, Part 3].


	Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.		Once an injured worker applies for compensation, the Board will begin to assess whether or not to accept the claim. Once the claim is accepted, the Board will then adjudicate the worker’s entitlement to the type of compensation benefits listed below.


	The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are:		The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are:

	* Personal Injury (physical or physical and psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];		* Personal Injury (physical or physical and psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];

	* Psychological Injury (mental disorder) – section 135 of the WCA [Former Act, s. 5.1];		* Psychological Injury (mental disorder) – section 135 of the WCA [Former Act, s. 5.1];

	* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]; and		* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]; and

	* Hearing Loss – section 145 of the WCA [Former Act, s. 7]		* Hearing Loss – section 145 of the WCA [Former Act, s. 7]


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← Older revision		Revision as of 20:47, 13 December 2022
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	* whether an injury has arisen out of or in the course of an employment;		* whether an injury has arisen out of or in the course of an employment;

	* the existence and degree of disability by reason of an injury;		* the existence and degree of disability by reason of an injury;

	* the permanence of disability by reason of an injury;		* the permanence of disability by reason of an injury;

	* the degree of reduction of earning capacity by reason of an injury;		* the degree of reduction of earning capacity by reason of an injury;

	* the average earnings of a worker, for the purpose of levying assessments, and the average earnings of a worker for purposes of payment of compensation;		* the average earnings of a worker, for the purpose of levying assessments, and the average earnings of a worker for purposes of payment of compensation;

	* the existence of the relationship of a member of the family of a worker as defined by the Act;		* the existence of the relationship of a member of the family of a worker as defined by the Act;

	* the existence of dependency;		* the existence of dependency;

	* whether an industry is within the scope of the Act, and the class to which an industry should be assigned for the purposes of the Act;		* whether an industry is within the scope of the Act, and the class to which an industry should be assigned for the purposes of the Act;

	* whether a worker is in an industry within the scope of the Act and entitled to compensation under it; and		* whether a worker is in an industry within the scope of the Act and entitled to compensation under it; and

	* whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act.		* whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act.

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	* Personal Injury (physical or physical/psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];		* Personal Injury (physical or physical/psychological) – sections 134 and 146 of the WCA [Former Act, s. 5];

	* Psychological injury (only mental stress) – section 135 of the WCA [Former Act, s. 5.1];		* Psychological injury (only mental stress) – section 135 of the WCA [Former Act, s. 5.1];

	* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]		* Occupational Disease – sections 136(1) and 137 of the WCA [Former Act, ss. 6(1) and 6(3)]

	* Hearing Loss – section 145 of the WCA [Former Act, s. 7]		* Hearing Loss – section 145 of the WCA [Former Act, s. 7]




	{{LSLAP Manual Navbox\|type=chapters1-7}}		{{LSLAP Manual Navbox\|type=chapters1-7}}