Alerts - April 08, 2009

Section 251 Referrals to the Chair for Lawfulness of Policy: Two section 251 referrals to the chair have been withdrawn in response to the board of directors' amendments to the policies at issue.

Section 251 of the Workers Compensation Act (Act) states that WCAT may refuse to apply an applicable policy of the board of directors only if the policy is so patently unreasonable that it is not capable of being supported by the Act and its regulations. If a WCAT panel considers that an applicable policy should not be applied on this basis, that issue must be referred to the chair and the appeal must be suspended until the chair or the board of directors, as the case may be, decides whether the policy should be applied. (See item #12.40 of WCAT's Manual of Rules of Practice and Procedure regarding the steps WCAT will follow when a policy is referred to the chair under section 251.)

The two referrals are with respect to item #D12-196-6 of the Prevention Manual on Administrative Penalties - Amount of Penalty. Click here for the full text of the February 16 and February 17, 2009 referral decisions. Click here for the Resolution and policy amendment.