2017 Amendment to WCAT’s Manual of Rules of Practice and Procedure (MRPP) –
After a period of public consultation, item 6.6.7 of the WCAT’s Manual of Rules of Practice and Procedure (MRPP) has been amended. The amendments are effective, March 30, 2017. The purpose of the revision is to clarify the role of Workers’ Compensation Board (Board) officers and Board legal officers in WCAT hearings, when the Board is invited to participate in an appeal pursuant to section 246(2)(i) of the MRPP.
You can find the Chair’s Decision No. 24 here. The amendments to the MRPP are attached to the Chair’s decision. The changes have been incorporated into the MRPP, which you can find on our website, here.
(Posted 2017/03/30)
Power of WCAT to Reconsider for Patent Unreasonableness – The Supreme Court of Canada has issued its decision in
British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority (2016 SCC 25). The court denied WCAT’s appeal, with the result that the decision of the BC Court of Appeal in
Fraser Health Authority v. Workers’ Compensation Appeal Tribunal (2014 BCCA 499), reversing the BC Supreme Court decision in
Fraser Health Authority v Workers’ Compensation Appeal Tribunal and Katrina Hammer (2013 BCSC 524), remains valid with respect to the issue of WCAT’s jurisdiction to reconsider its own decisions. The majority of the court allowed the workers’ appeal with respect to the sufficiency of evidence establishing causation in workers’ compensation claims. The court concluded that confirmatory expert evidence is not necessary to establish causation, and the Tribunal may rely on other evidence which, viewed reasonably, is capable of supporting a finding of causative significance. Information regarding reconsideration of WCAT decisions is available in the
Post-Decision Information Guide. The BC Supreme Court decision refers to the WCAT decisions that were the subject of review, and those decisions may be found on WCAT’s website. (Posted 2016/06/24)
