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Alerts - December 23, 2005
Board of Directors Decision – decision issued on the chair’s section 251 referral regarding lawfulness of Workers' Compensation Board (Board) policy on entitlement to dependent’s benefits.
On December 19, 2005 the board of directors of the Board issued their decision on the chair’s section 251 referral regarding lawfulness of Board policy on entitlement to dependent’s benefits.
The board of directors have concluded that policy item #55.40 of the Rehabilitation Services and Claims Manual, Volume I (RSCM I) is not supported by the Workers Compensation Act (Act) and it is therefore patently unreasonable. Given this determination, WCAT may refuse to apply the policy on the basis that it is patently unreasonable.
The board of directors also issued policy resolution #2005/12/13-03 amending item #55.40 in RSCM I. This amendment applies to all claims adjudicated on or after January 1, 1984.
