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{{LSLAP Manual TOC|expanded = workers}}
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This chapter covers basic legislation, policy and procedures associated with appeals under ''Workers’ Compensation Act'', RSBC l996, c 492.
This chapter covers basic legislation, policy, and procedures associated with appeals under ''Workers’ Compensation Act'', RSBC l996, c 492 [WCA].


The ''Workers’ Compensation Act'' [WCA] is a provincial statute creating a regulatory body called the Workers Compensation Board of B.C. Since 2003, this body works under the name of “WorkSafe B.C.” and is hereinafter referred to as “the Board”. The Board has three primary functions:
The WCA is a provincial statute creating a regulatory body called the Workers Compensation Board of B.C. Since 2003, this body works under the name of “WorkSafe B.C.” and is referred to as “the Board” or WCB in this section. The Board has exclusive jurisdiction over compensation for injured workers for workplace injuries amongst other duties.  The Board’s origins are perhaps more interesting than its current form suggests.


'''Compensation for Injured Workers:'''
Some of the earliest forms of workers' compensation started with pirates in the pre-Revolutionary Americas.  A pirate who lost an eye was entitled to 100 pieces of eight, roughly one year's pay.   With the industrial revolution, more evolved workers' compensation schemes followed in Europe and eventually spread back to North America where they are now mandatory across Canada and the United States.
The WCA creates a mandatory system of no fault insurance to compensate workers who suffer a personal injury or an occupational disease (OccD) as a result of their work. The WCA grants exclusive jurisdiction to the Board over these matters and at the same time bars any legal action by an injured worker against another worker or B.C. employer for any matter related to this injury [section 10 of the WCA].


'''Regulation of Occupational Health and Safety (OH&S):'''
Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers, to compensate them and assist in their medical treatment, vocational rehabilitation (retraining), and in pension for disability. In return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases [WCA s 10].  Ideally, this approach offers several benefits.  It takes workplace injury claims out of the courts, reducing clutter for them and cost and delay for the workers.  It gives greater certainty of coverage to workers and streamlines the compensation process. Finally, like any insurance scheme, it spreads losses amongst employers and eliminates the concern about ruinous claims.  Unfortunately, reality often falls short of these ideals and, especially in light of changes since 2002, injured workers often require help and even representation.
In BC, the Board is responsible for workplace health and safety regulations, investigations and enforcement as set out in Part III of the WCA and in the ''Occupational Health & Safety Regulation''. While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against workers. Under the WCA, workers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.  


'''Employer  Assessments:'''
Aside from compensation, The Board's other duties consists of:
The  WCA  grants  specific  powers  to  the  Board  to  set  rates  and collect assessments from employers to create an Accident Fund. The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below). The WCA requires the Board to operate a fully funded system.


== A. Scope of This Section ==
'''Regulation of Occupational Health and Safety (OH&S):''' In BC, the Board is responsible for workplace health and safety regulations, investigations and enforcement as set out in Part III of the WCA and in the ''Occupational Health & Safety Regulation''. While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against workers. Under the WCA, workers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.  
This section is to assist students working on cases and appeals arising from Board decisions made under the WCA. The vast majority of appeals involve Board decisions denying injured and disabled workers particular compensation benefits. This is not surprising given the nature and scope of the Board’s current mandate and the fact that about 100,000 compensation claims are filed by injured workers every year, with about half of these claims involving a serious injury or disability.


Therefore, the primary focus of this material is on Compensation matters which may be at issue in appeals. Assessment and OH&S issues are also addressed but in separate sections at the end of the chapter. There are also Appendices with information for referrals and community resources. In particular, the WCA requires the Board, through its Accident Fund, to support the Employers Advisors and Workers Advisors who can provide employers and workers with free legal assistance. However, the extent of the assistance provided by these Advisors changes from time to time and between locations.
'''Employer  Assessments:''' The WCA grants  specific  powers  to  the Board to  set  rates  and collect assessments from employers to create an Accident Fund. The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below). The WCA requires the Board to operate a fully funded system.


== B. Governing Legislation ==
== A. Scope of This Section ==
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.
This section advises workers and their representatives on the overall structure and basic procedures of the Board and its appeal body, the Workers Compensation Appeals Tribunal [WCAT].  It is intended to assist in working on cases and appeals arising from Board decisions made under the WCA. The vast majority of appeals involve Board decisions denying injured and disabled workers particular compensation benefits.  This is not surprising given that current Board policies are often complex and difficult to understand and that about 100,000 compensation claims are filed by injured workers every year, with about half of these claims involving a serious injury or disability.   
 
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.
Therefore, the primary focus of this material is on Compensation matters which may be at issue in appeals. Assessment and OH&S issues are addressed briefly at the end of the chapter. The Appendices provide information for referrals and community resources, and helpful links for finding law and policy. In particular, the WCA requires the Board, through its Accident Fund, to support the Employers Advisors and Workers Advisors who can provide employers and workers with free legal assistance. However, the extent of the assistance provided by these Advisors changes from time to time and between locations.


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
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Revision as of 23:16, 20 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 31, 2020.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
7. Workers' Compensation
 · I. Introduction

 · II. Governing Legislation & Policy
 · III. Introduction to Compensation Claims
 · IV. LSLAP's Role
 · V. Limitation Periods & Timing of Decisions
 · VI. Making a Claim
 · VII. The Claim Acceptance Process
 · VIII. Worker Status
 · IX. Disability and Causation
 · X. Time Limits & Procedures
 · XI. Claim Benefits
 · XII. Appeals
 · XIII. Health & Safety Regulations
 · XIV. Assessments of Employers
 · XV. The WCB Fair Practices Officer
 · Appendix A: Abbreviations
 · Appendix B: List of Cases
 · Appendix C: Referrals
 · Appendix :D Resources
 · Appendix E: Claims Process
 · Appendix F: Checklist for Interviews
 · Appendix G: Checklist for Appeals

 · Appendix H: Sample Authorization Form
v • d • e



This chapter covers basic legislation, policy, and procedures associated with appeals under Workers’ Compensation Act, RSBC l996, c 492 [WCA].

The WCA is a provincial statute creating a regulatory body called the Workers Compensation Board of B.C. Since 2003, this body works under the name of “WorkSafe B.C.” and is referred to as “the Board” or WCB in this section. The Board has exclusive jurisdiction over compensation for injured workers for workplace injuries amongst other duties. The Board’s origins are perhaps more interesting than its current form suggests.

Some of the earliest forms of workers' compensation started with pirates in the pre-Revolutionary Americas. A pirate who lost an eye was entitled to 100 pieces of eight, roughly one year's pay. With the industrial revolution, more evolved workers' compensation schemes followed in Europe and eventually spread back to North America where they are now mandatory across Canada and the United States.

Today’s workers’ compensation schemes, including BC’s, are based on the historic trade-off: employers fund a no-fault insurance scheme for injured workers, to compensate them and assist in their medical treatment, vocational rehabilitation (retraining), and in pension for disability. In return, workers give up their right to legal action against their employer for work-related injuries and occupational diseases [WCA s 10]. Ideally, this approach offers several benefits. It takes workplace injury claims out of the courts, reducing clutter for them and cost and delay for the workers. It gives greater certainty of coverage to workers and streamlines the compensation process. Finally, like any insurance scheme, it spreads losses amongst employers and eliminates the concern about ruinous claims. Unfortunately, reality often falls short of these ideals and, especially in light of changes since 2002, injured workers often require help and even representation.

Aside from compensation, The Board's other duties consists of:

Regulation of Occupational Health and Safety (OH&S): In BC, the Board is responsible for workplace health and safety regulations, investigations and enforcement as set out in Part III of the WCA and in the Occupational Health & Safety Regulation. While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against workers. Under the WCA, workers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.

Employer Assessments: The WCA grants specific powers to the Board to set rates and collect assessments from employers to create an Accident Fund. The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below). The WCA requires the Board to operate a fully funded system.

A. Scope of This Section

This section advises workers and their representatives on the overall structure and basic procedures of the Board and its appeal body, the Workers Compensation Appeals Tribunal [WCAT]. It is intended to assist in working on cases and appeals arising from Board decisions made under the WCA. The vast majority of appeals involve Board decisions denying injured and disabled workers particular compensation benefits. This is not surprising given that current Board policies are often complex and difficult to understand and that about 100,000 compensation claims are filed by injured workers every year, with about half of these claims involving a serious injury or disability.

Therefore, the primary focus of this material is on Compensation matters which may be at issue in appeals. Assessment and OH&S issues are addressed briefly at the end of the chapter. The Appendices provide information for referrals and community resources, and helpful links for finding law and policy. In particular, the WCA requires the Board, through its Accident Fund, to support the Employers Advisors and Workers Advisors who can provide employers and workers with free legal assistance. However, the extent of the assistance provided by these Advisors changes from time to time and between locations.


v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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