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Noteworthy Decisions – WCAT is reviewing the Noteworthy Decisions Index by subject area to ensure it is up to date, and revising where required. This is an ongoing process; to date section 1.7.2 (Mental Disorders) has been fully updated. To view the current version of the Noteworthy Index (Posted 2014/11/14)
Section 251 Referral to the Chair for Lawfulness of Policy Withdrawn (policy item #40.13 RSCM II) – In WCAT-2013-00551, dated February 27, 2013, a WCAT panel referred the issue of the lawfulness of policy item #40.13 of the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)

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