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Alerts - February 05, 2008
Notice to Board of Directors – Chair’s Decision on Lawfulness of Workers' Compensation Board (WCB) Policy on Loss of Earnings
On Friday, January 25, 2008, Jill Callan, Chair of WCAT, gave official notice to the board of directors of WorkSafeBC of her determination regarding the lawfulness of elements of policy item #40.00 of the Rehabilitation Services and Claims Manual, Volume II regarding loss of earnings awards. The full decision, together with a summary, may be viewed by clicking on this link.
Section 251of the Workers Compensation Act sets out the process that must now be followed. The WCAT chair must suspend any other pending appeal proceedings affected by the same policy until the board of directors reviews the policy and determines whether WCAT may refuse to apply it (section 251(5)). Within 90 days of receiving the written notice, the board of directors must review the policy and decide whether WCAT may refuse to apply it (section 251(6)). The board of directors must give the parties to all affected appeals an opportunity to make written submissions (section 251(7)). WCAT is bound by the ultimate determination of the board of directors (section 251(8)).
WCAT has suspended all appeals that the Chair considers are affected by the same policy and that were pending before WCAT as of the close of business on Thursday, January 24, 2008. Parties to all suspended appeals can expect to receive a letter from WCAT advising them of the suspension. WCAT has also provided the list of suspended appeals to the board of directors. Parties to the suspended appeals can expect to receive a letter from the board of directors giving them an opportunity to make written submissions.
If you had an appeal pending (that is, an active appeal that WCAT has not yet decided) at WCAT as of the close of business on Thursday, January 24, 2008 which you believe is affected by the same policy and have not received a letter from WCAT, please call Lily Chau, Secretary to Tribunal Counsel, at 604-664-7817 or toll free within BC at 1-800-663-2782 .
