Difference between revisions of "Introduction to Workers' Compensation (7:I)"

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