Alerts - July 25, 2006

New WCB Policy on Recurrence of Disability

In response to the Supreme Court of British Columbia decision Cowburn v. Workers’ Compensation Board (2006 BCSC 722), the Board of Directors of the Workers’ Compensation Board has retroactively amended item #1.03(b)(4) of the Rehabilitation Services and Claims Manual. Where a worker was awarded a permanent disability pension before June 30, 2002, any deterioration in the permanent disability that occurs on or after June 30, 2002 is no longer considered a “recurrence of disability”. Thus, the provisions of the Workers Compensation Act (Act) in place prior to June 30, 2002 apply to any increased pension entitlement due to the deterioration. This amendment came into effect on August 1, 2006, and applies to all decisions, including appellate decisions, made on or after October 16, 2002. Click here for the full resolution of the Board of Directors.

As a result of this amendment, WCAT will entertain reconsideration applications from workers, employers, or their representatives who wish WCAT to reconsider affected WCAT decisions. WCAT decisions that are affected by the amendment are those that: (1) involve a worker who was awarded a permanent disability pension with an effective date before June 30, 2002; (2) the worker’s permanent disability was found to have deteriorated on or after June 30, 2002; and (3) the WCAT panel applied the provisions of the Act in place since June 30, 2002 to the worker’s entitlement to an increased pension due to the deterioration.

If you think that you are a party to an affected WCAT decision and wish to apply for reconsideration of the WCAT decision, please contact Tim Martiniuk, Legal Counsel, at 604-664-7800 or toll free within BC at 1-800-663-2782 as soon as possible. For further information, workers may contact the Workers’ Advisers Office at 604-713-0360 or 1-800-663-4261. Employers may contact the Employers’ Advisers Office at 604-713-0303 or 1-800-925-2233.