Section 251 Referral to the Chair for Lawfulness of Policy (policy item #66.00 RSCM II)
– In WCAT-2015-02919, dated September 23, 2015, a WCAT panel referred the issue of the lawfulness of a part of policy item #66.00 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 #66.00 concerns the application of the general rule for determining long-term average earnings; in particular, the review of average earnings after payment of 10 cumulative weeks of benefits. The impugned portion of the policy provides that in the case of workers covered under the Government Employees Compensation Act
who are maintained on full salary, no 10-week review of average earnings is carried out and no payment is made to the worker. The panel’s referral decision can be found here
. (Posted 2015/09/30)
Administrative Tribunals Statutes Amendment Act, 2015
– The Administrative Tribunals Statutes Amendment Act, 2015
(Bill 18) received Royal Assent on May14, 2015. As a result, sections 199 and 201 of that Act are in force. Section 199 amends section 232 of the Workers Compensation Act to permit the termination of the appointment of the chair or a vice-chair of WCAT for cause. Section 201 amends section 250(3) of the Workers Compensation Act to permit a precedent panel appointed under section 238(6) to overrule a prior decision of a precedent panel appointed under that section.
Other sections of the Administrative Tribunals Statutes Amendment Act, 2015 will come into force by regulation of the Lieutenant Governor in Council. Proposed amendments to WCAT’s Manual of Rules of Practice and Procedure to reflect the legislative changes will be posted for comment when the remaining provisions affecting WCAT are brought into force.