Alerts - April 24, 2006

Chair's Decision - Referral for Lawfulness of Workers' Compensation Board Policy on the Rule of 15ths.

Jill Callan, Chair of WCAT has determined that policy item #40.20 of the Rehabilitation Services and Claims Manual, Volume I is not patently unreasonable and is capable of being supported by the Workers Compensation Act (Act).

In her decision the chair finds that the board of directors can establish policies that constitute fixed rules provided those policies are within the objectives of the Act and their authority under the Act. The current section 82 grants the board of directors broad authority to set compensation policies. Given that payments under the rule of 15ths appear to constitute a retirement benefit that is additional to the compensation for permanent disability established under section 23, and the fact that there is a legitimate rationale for the framework established under item #40.20, the impugned policy does not unlawfully fetter the discretion granted under section 23 or involve a patently unreasonable application of section 23.

The full decision may be viewed by clicking on this link. (posted Apr. 24/06)