Alerts - May 12, 2006

The British Columbia Supreme Court has issued its decision in Cowburn v. Worker's Compensation Board of British Columbia (2006 BCSC 722). The court concluded that the Workers’ Compensation Board Board of Directors policy on recurrence of disability (item #1.03(b)(4) of the Rehabilitation Services and Claims Manual) is a patently unreasonable interpretation of the Workers Compensation Act (Act). The court adopted the reasons of the Chair of WCAT in WCAT-2005-01710. See Chair’s decision.

The policy affects workers who were awarded permanent disability awards under the former provisions and whose claims were reopened after June 30, 2002 for a permanent deterioration in their permanent disability. The policy defines this as a recurrence of disability and any increased permanent disability award is made under the current provisions of the Act. In WCAT-2005-01710 the Chair of WCAT concluded that the policy was patently unreasonable and referred it to the Board of Directors. The Board of Directors responded that the policy must be applied because “recurrence” includes changes in the extent of permanent partial disabilities as well as repeats of temporary total or partial disabilities. See Board of Director’s decision.

WCAT will not decide any appeals to which this policy applies pending the Board of Directors’ decision regarding their next step to be taken in this circumstance. To assist us in identifying all such appeals, if you are an appellant, respondent, or representative on an appeal where a worker was granted a permanent disability award under the former provisions, his/her condition has deteriorated, and the Workers' Compensation Board has adjudicated his/her request for additional permanent disability award entitlement under the current provisions, please contact Lisa Wong, legal researcher, at 604-664-7800 or toll free within BC at 1-800-663-2782 as soon as possible.