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Section 251 Referral to the Chair for Lawfulness of Policy Withdrawn (policy item #40.13 RSCM II) – In WCAT-2013-00551, dated February 27, 2013, a WCAT panel referred the issue of the lawfulness of policy item #40.13 of the Rehabilitation Services and Claims Manual, Volume II to the Workers’ Compensation Appeal Tribunal chair under section 251(2) of the Workers Compensation Act. Policy item #40.13 addresses the calculation of permanent disability awards (pensions) that are based on a loss of earnings. In WCAT-2014-02307, dated July 31, 2014, the panel withdrew the referral. The panel determined that the impugned portion of the policy was not applicable to the circumstances of the appeal. The panel’s decision can be found here. The panel’s original referral decision can be found here. (Posted 2014/07/31)
Mental Disorder Appeals and Government Employees Compensation Act – On March 28, 2014 the Supreme Court of Canada issued its decision in Martin v. Alberta (Workers’ Compensation Board), 2014 SCC 25 (Martin) regarding a claim for chronic onset stress by a federal employee in Alberta. The court found that provincial boards and authorities are required under the Government Employees Compensation Act, R.S.C. 1985, c. G-5 (GECA) to apply their own provincial laws and policies, provided they do not conflict with the GECA. If you are a federal employee or employer involved in an active appeal before WCAT in respect of a decision regarding a claim for a mental disorder not arising from a physical injury, the Martin decision may potentially affect the outcome of your appeal, and you may wish to address this in your submissions. (Posted 2014/04/09)

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