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Desy Wahyuni (talk | contribs) (Created page with "{{LSLAP Manual TOC|expanded = workers}} This chapter covers basic legislation, policy and procedures associated with appeals under ''Workers’ Compensation Act'', RSBC l996,...") |
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== B. Governing Legislation == | == B. Governing Legislation == | ||
The ''Workers Compensation Act'' '''[WCA]''' is the legislation which creates and governs the Board. In 2002 and 2003, the WCA was substantially amended and the key transition date is '''June 30, 2002'''. Workers who were injured before or on June 30, 2002 (with a few exceptions), have the former WCA apply to their claims whereas workers who were injured after this date are under the amended or “new” WCA. | The ''Workers Compensation Act'' '''[WCA]''' is the legislation which creates and governs the Board. In 2002 and 2003, the WCA was substantially amended and the key transition date is '''June 30, 2002'''. Workers who were injured before or on June 30, 2002 (with a few exceptions), have the former WCA apply to their claims whereas workers who were injured after this date are under the amended or “new” WCA. | ||
The new WCA revised sections 99 and 250 of the Act to make Board policy binding on all Board decision-makers and appeal bodies. Subsequently, the courts determined that the effect of these provisions is to give Board policy a legal status equivalent to subordinate legislation. | |||
Relevant Board policy for compensation matters is set out in the ''Rehabilitation Services and Claims Manual'' '''[RSCM]'''. Volume I applies to claims initiated before June 30, 2002 [RSCM I] and Volume II applicable to any claims initiated after June 30, 2002. [RSCM, II]. The Board also publishes binding policy for Assessments. OH&S matters are primarily dealt with through the ''OH&S Regulation'', although there is also a Prevention Manual. | |||
The WCA amendments also changed the appeal structure for Board decisions. After March 1, 2003, there are two levels of appeal for most Board decisions: | |||
*i. an internal review at the Review Division (RD); and | |||
*ii. an external de novo appeal at the Workers Compensation Appeal Tribunal (WCAT), which is an independent tribunal. | |||
In 2004, the ''Administrative Tribunals Act'', SBC 2004, c 45 [ATA] came into effect. The ATA applies to all administrative tribunals in B.C., including WCAT. The ATA sets out certain procedural requirements for WCAT and also sets a 60 day time limit for filing a judicial review from a WCAT decision. The ATA does not apply to Review Division decisions. Citations for the WCA, key amendments and other relevant legislation are attached in the Appendix. All legislation and Board policies are available on the Board website at www.worksafebc.com. Applicable ATA provisions and their effect on WCAT procedures are also incorporated in WCAT’s Manual of Rules, Policy and Procedures [MRPP], available on the WCAT website at www.wcat.bc.ca. C.Binding Policy for Compensation Claims and Appeals: RSCM II Section 99 of the WCA requires the Board to apply any applicable Board policy which has been passed by the Board of Directors. This means that published Board policy is binding on all Board decision-makers, including the Review Division; a similar provision makes Board policy binding on WCAT [section 250]. Section 99 of the WCA also states that all decisions “shall be given according to the merits and justice of the case and where there is a doubt as to any issue and the disputed possibilities are evenly balanced, the issue shall be resolved in accordance with that possibility which is favourable to the worker”. In practice, Board policy confines, or attempts to confine, the nature of relevant evidence and to provide the framework for how evidence is to be assessed and weighed. Therefore, in appeals, it is important to identify the correct applicable Board policy whether or not it is identified in the initial Board decision. As noted above, compensation policy is set out in the Rehabilitation Services and Claims Manual, Volume II [RSCM II]. The current RSCM II is available at www.worksafebc.com under the “Regulation and Policy” tab, which produces a choice of “Published Policy” and “Practices”. RSCM is under the policy choice with an option of Volume I (for injuries occurring before June 30, 2002) and Volume II (for injuries after this date). Under the “Practice” menu, there is also an RSCM link which will take you to non-binding compensation guidelines, including Practice Directives (PDs) which correspond with particular RSCM II policies. The RSCM II has eighteen chapters. Each chapter focuses on a particular entitlement issue or benefit and contains the policies relating to that issue. Each policy is numbered and dated and is typically 1-3 |