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

Jump to navigation Jump to search
no edit summary
Line 37: Line 37:
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 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”.
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.
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 http://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.   
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 http://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
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 pages long. The RSCM II index (also available through the RSCM II link) is very helpful for locating any relevant chapter and policy.
 
Board policies change frequently. Each new version of a policy is passed by the Board of Directors and is published with both a specific effective date and a determination as to whether or not the changes apply to appeals. This information is set out at the end of each policy. Each new Board policy is incorporated into the electronic version of the RSCM II available on the Board website.  When handling an appeal, students should determine the relevant applicable policy (especially for old claims) and should also review the electronic version of newer policy to ensure that it is still current. The Board website also contains all the former or “archived” policy manuals so that any relevant policy is accessible, even for old claims.
 
If a particular Board decision quotes part of a policy, it is good practice to read the whole policy and also to look at the surrounding policies to understand the full framework for that type of benefit.  Also, although a particular policy may be quoted in a decision, the decision-maker may or may not have applied the right policy. It is best to assess the worker’s issue and determine whether or not alternative policies may be the correct applicable policies. 
 
Lastly, Board policy must be consistent with the WCA.  If someone considers that a Board policy is inconsistent with the WCA, they are entitled to challenge that policy in a WCAT appeal in which it is relevant. If the WCAT panel agrees that the policy is not supported by the WCA, the panel will refer the matter to the WCAT Chair; if the Chair agrees, they will refer the policy to the WCB’s Board of Directors for ultimate determination and possible policy change (s. 251, WCA).

Navigation menu