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Difference between revisions of "Introduction to Compensation Claims for Injured Workers (7:III)"
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Introduction to Compensation Claims for Injured Workers (7:III) (view source)
Revision as of 05:21, 28 December 2020
, 05:21, 28 December 2020→A. Introduction
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== A. Introduction == | == A. Introduction == | ||
Sections 96 and 113 of the WCA give the Board exclusive jurisdiction over workers’ compensation matters. The courts have generally respected | Sections 122-125 and 19-20 (previously 96 and 113 respectively) of the WCA give the Board exclusive jurisdiction over workers’ compensation matters. The courts have generally respected these strong privative clauses. | ||
Section | Section 122 grants the Board the exclusive jurisdiction to inquire into, hear, and determine compensation matters under Part 4 (previously 1) of the Act. Specifically, the board may determine: | ||
*a) whether an injury has arisen out of or in the course of an employment; | *a) whether an injury has arisen out of or in the course of an employment; | ||
*b) the existence and degree of disability by reason of an injury; | *b) the existence and degree of disability by reason of an injury; | ||
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*j) whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act. | *j) whether a person is a worker, a subcontractor, a contractor or an employer within the meaning of the Act. | ||
Section | Section 19 similarly grants exclusive jurisdiction to the Board to inquire into and determine health and safety matters under Part 2 (previously 3) of the Act. | ||
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 | 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 | The nature of the worker’s injury will generally determine the relevant law and policy. The main types of injuries are: | ||
*a) Personal Injury (physical or physical psychological)- | *a) Personal Injury (physical or physical psychological) - sections 134 and 146 (previously 5) of the WCA | ||
*b) Psychological injury (only mental stress)- | *b) Psychological injury (only mental stress) - section 135 (previously 5.1) of the WCA | ||
*c) Occupational Disease | *c) Occupational Disease – sections 136(1) and 137 (previously 6(1) and 6(3)) of the WCA | ||
*d) Hearing Loss | *d) Hearing Loss – section 145 (previously 7) of the WCA | ||
== B. Overview: Initial Acceptance or Denial of A Compensation Claim/Disclosure & Appeals == | == B. Overview: Initial Acceptance or Denial of A Compensation Claim/Disclosure & Appeals == | ||
