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Difference between revisions of "Governing Legislation, Policy and Guidelines for Workers' Compensation (7:II)"
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Governing Legislation, Policy and Guidelines for Workers' Compensation (7:II) (view source)
Revision as of 19:09, 12 September 2023
, 19:09, 12 September 2023→B. Binding Policy
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* The statements contained under the heading “Policy” in WorkSafeBC’s ''Assessment Manual''. These policies relate to Part 5: Accident Fund and Employer Assessment of the WCA [Former Act, Division 4]; | * The statements contained under the heading “Policy” in WorkSafeBC’s ''Assessment Manual''. These policies relate to Part 5: Accident Fund and Employer Assessment of the WCA [Former Act, Division 4]; | ||
* The statements contained under the heading “Policy” in WorkSafeBC’s ''Prevention Manual''. These policies relate to Part 2: Occupational Health and Safety of the WCA [Former Act, Part 3]; and | * The statements contained under the heading “Policy” in WorkSafeBC’s ''Prevention Manual''. These policies relate to Part 2: Occupational Health and Safety of the WCA [Former Act, Part 3]; and | ||
* ''The Rehabilitation Services & Claims Manual'', Volume I and II (the “'''RSCM I'''” and the “'''RSCM II'''”), other than explanatory material and the headings “Background” and “Practice.” These policies relate to Part 3: Workers’ Compensation System and Part 4: Compensation to Injured Workers and their Dependants of the WCA [Former Act, Part 1]. | * ''The Rehabilitation Services & Claims Manual'', Volume I and II (the “'''RSCM I'''” and the “'''RSCM II'''”), other than explanatory material and the headings “Background” and “Practice.” These policies relate to Part 3: Workers’ Compensation System and Part 4: Compensation to Injured Workers and their Dependants of the WCA [Former Act, Part 1]. | ||
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If a particular Board decision quotes part of a policy, it is good practice to read the whole policy and surrounding policies to understand the full framework for that type of benefit. Also, although a particular policy may be quoted in a decision, the decision-maker may or may not have applied the correct policy. It is best to assess the worker’s issue and determine whether or not alternative policies may be the correct applicable policies. | If a particular Board decision quotes part of a policy, it is good practice to read the whole policy and surrounding policies to understand the full framework for that type of benefit. Also, although a particular policy may be quoted in a decision, the decision-maker may or may not have applied the correct policy. It is best to assess the worker’s issue and determine whether or not alternative policies may be the correct applicable policies. | ||
Lastly, Board policy must be consistent with the WCA. If someone considers a Board policy to be inconsistent with the WCA, they are entitled to challenge that policy in a WCAT appeal in which it is relevant. If the WCAT panel agrees that the policy is not supported by the WCA, the panel will refer the matter to the WCAT Chair. If the Chair agrees, they will refer the policy to WCB’s Board of Directors for ultimate determination and possible policy change. See section 304 of the WCA [Former Act, s. 251]. | Lastly, Board policy must be consistent with the WCA. If someone considers a Board policy to be inconsistent with the WCA, they are entitled to challenge that policy in a WCAT appeal in which it is relevant. If the WCAT panel agrees that the policy is not supported by the WCA, the panel will refer the matter to the WCAT Chair. If the Chair agrees, they will refer the policy to WCB’s Board of Directors for ultimate determination and possible policy change. See section 304 of the WCA [Former Act, s. 251]. | ||
== C. Binding Policy: Standard of Proof and Evidence == | == C. Binding Policy: Standard of Proof and Evidence == | ||
