Difference between revisions of "LSLAP's Role at the Initial Decision Level for Workers' Compensation Claims (7:IV)"

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It is important to help a client prepare the best possible case at this level. For example, a projected loss of earnings assessment always includes an extensive interview between the Vocational Rehabilitation Consultant and the worker regarding the types of employment that are suitable and available to the worker. The worker should be prepared for this interview, and should be ready to explain issues such as what they are capable of doing, what job activities they cannot perform, and why this is the case. The Board rarely decides that a worker is 100 percent disabled, and workers should therefore be discouraged from expecting such a ruling, unless thereis very strong medical evidence of unemployability.  
It is important to help a client prepare the best possible case at this level. For example, a projected loss of earnings assessment always includes an extensive interview between the Vocational Rehabilitation Consultant and the worker regarding the types of employment that are suitable and available to the worker. The worker should be prepared for this interview, and should be ready to explain issues such as what they are capable of doing, what job activities they cannot perform, and why this is the case. The Board rarely decides that a worker is 100 percent disabled, and workers should therefore be discouraged from expecting such a ruling, unless thereis very strong medical evidence of unemployability.  


In addition to filing an appeal, a student can contact the  officer  who  made  the  decision  to  request  that  it  be reconsidered  on  the  basis  of  significant  new  evidence,  or  to  seek  further explanation  of  the  officer’s reasons. Note that this must take place within 75 days of the original decision.  
In addition to filing an appeal, a student can contact the  officer  who  made  the  decision  to  request  that  it  be reconsidered  on  the  basis  of  significant  new  evidence,  or  to  seek  further explanation  of  the  officer’s reasons. Note that this must take place within 75 days of the original decision.  


Initial decision-making at the Board level is extremely important, and very informal in its procedure. In general, if a representative doesn’t  understand how or by whom a decision will be made, or what factors will be considered, it is always possible to call the Board and ask. The Claims Manual, Workers’ Advisors Office, and other sources of information mentioned in [[Introduction to Workers%27 Compensation (7:I) | Section I: Introduction]] of this chapter can also help  prepare a successful claim. See [[Checklist for Workers%27 Compensation Interviews (7:App B) | Appendix B]] for a checklist for a student conducting a client interview.
Initial decision-making at the Board level is extremely important, and very informal in its procedure. In general, if a representative doesn’t  understand how or by whom a decision will be made, or what factors will be considered, it is always possible to call the Board and ask. The Claims Manual, Workers’ Advisors Office, and other sources of information mentioned in [[Introduction to Workers%27 Compensation (7:I) | Section I: Introduction]] of this chapter can also help  prepare a successful claim. See [[Checklist for Workers%27 Compensation Interviews (7:App B) | Appendix B]] for a checklist for a student conducting a client interview.


== A. The WCB Fair Practices Officer ==
== A. Limited Scope Retainers ==


The WCB has a Fair Practices Officer (Formerly “Chief Complaints Officer” and before that “Ombudsman”), who has been assigned to deal with issues of alleged unfairness related to the WCA. A claimant who has a complaint about a decision must first pursue all available routes of  appeal. The Fair Practices Officer may investigate a complaint after all routes of appeal are exhausted. Individuals or groups with complaints  about the fairness of WCB decisions, recommendations, actions, procedures, practices, or regulations may contact the WCB Complaints Officer by phone, fax, mail, or in person.  
It is vital that LSLAP students assisting workers provide clear and limited scope of work letters. Given the tight deadlines it is essential that clients understand when students are no longer providing them with assistance so they do not miss an appeal or review date. Students should carefully consider their own availability as well as that of the supervising lawyer before promising legal assistance.
 
The WCB Fair Practices Officer should not be confused with the province’s Ombudsman, who still has authority to investigate complaints against the WCB. The BC Ombudsman’s policy is to suggest that all complaints go first to the WCB Chief Complaints Officer, but a worker may ask that  the provincial Ombudsman intervene immediately if the Fair Practices Officer is unable to resolve the problem. Advocates are beginning to make  more complaints to the BC Ombudsman recently, and students can insist that this be done if the complaint process seems ineffective. See [[Introduction to Public Complaints (5:I) | Chapter 5: Public Complaints]].


Additionally, any student providing representation must be sure to inform the Board and/or WCAT if they are no longer representing a client. Section 6.3.1 of the MRPP establishes a presumption in WCAT that a worker’s representative will remain as representative until they either declare otherwise or at the end of 2 years, whichever is longer. This means the representative will receive correspondence related to the claim, even if it is the result of a deterioration of an OccD long after the initial claim is settled. This presumption means it is essential to be clear with the client and WCB/WCAT as to when LSLAP has withdrawn as counsel. 


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