Difference between revisions of "Workers' Compensation Claim Benefits (7:XI)"

# Phase Two:  If the worker cannot return to the same job, the VRC works with the accident employer to make worksite accommodations and job modification, or to provide alternative in-service placement, with a view to finding the worker a new position within the accident employer’s business.

# Phase Three:  If the employer is unable or unwilling to accommodate the worker, the VRC identifies suitable occupational options in the same or related industry.  This may require the worker to obtain additional skills or training or to be supported in periods of job search.

# Phase Five:  If the worker’s existing skills are insufficient, the VRC may utilize additional training programs to help the worker acquire new skills and may also assist the worker in a job search once training is complete.

*a job search allowance (also in the same amount as wage loss benefits) to support the worker while looking for suitable employment if he or she cannot return to the pre-injury job; and

*a training on the job allowance or wage subsidy to encourage an employer to allow the worker to learn new employment skills, or gain experience in a new field.

'''Only the WCB’s Review Division can review rehabilitation decisions; the Review Division decisions on vocational rehabilitation cannot be appealed to the Workers’ Compensation Appeal Tribunal.'''

While the Board routinely relies on the vocational rehabilitation consultant’s decision regarding the worker’s employability, WCAT does not consider these vocational rehabilitation decisions as binding on them when adjudicating a loss of earnings pension issue on appeal.  For example, a vocational rehabilitation consultant may find that a worker can adapt to working full-time in a particular occupation.  If the worker disagrees about this decision, the worker may still raise this issue and provide evidence about disability in their appeal of a denial of a loss of earnings pension, both at the Review Division and WCAT.

:'''NOTE:''' Many difficulties in this area arise from different concepts of disability and employability.  The Board tends to assess a worker’s permanent disability in terms of impairment and to limit its assessment of impairment to “medical restrictions and limitations” (R&Ls) i.e. specific activities which the worker cannot do or should not do at all because of potential harm. R&Ls may or may not include other aspects of limited ability such as tolerance or endurance (such as an inability to sit for more than 10 minutes) which are key elements of work function.  Also, disabled workers often face discrimination and other barriers to employment.  Court decisions have been clear that vocational rehabilitation processes must address the whole worker, including any pre-existing disabilities or factors affecting employment (''Young v. WCAT'' 2011 BCSC 1209) but this remains a contentious area and one that the Board does not consider part of the “compensable” condition.