Alerts Archive by Subject

Judicial Reviews

• Judicial Review on Mental Stress Policy - The British Columbia Court of Appeal has issued its decision in Plesner v. British Columbia Hydro and Power Authority (2009 BCCA 188) (Plesner). The court declared that some of the provisions of WorkSafeBC's policy on mental stress (item #13.30 of the Rehabilitation Services and Claims Manual, Volume II) contravene the equality provisions of the Canadian Charter of Rights and Freedoms. more... (posted 2009/05/07)
  
• Johnson v. Workers' Compensation Board et al., BCCA (May 27, 2008) - has been issued by the Court of Appeal. This decision was an appeal from Johnson v. British Columbia (Workers' Compensation Board) 2007 BCSC 1410. (posted 2008/06/12)
  
• Judicial Review on Recurrence of Disability - The British Columbia Supreme Court has issued its decision in Cowburn v. Worker's Compensation Board of British Columbia (2006 BCSC 722). more... (posted 2006/05/12)
  

MRPP

• MRPP Amended - As a result of the B.C. Supreme Court decision in Kerton v. Workers' Compensation Appeal Tribunal et al. (2010 BCSC 644), and in order to ensure parties continue to receive timely extension of time decisions, the Workers' Compensation Appeal Tribunal (WCAT) has, on an interim basis, amended its practice directive relating to applications for extensions of time to appeal made under section 243(3) of the Workers Compensation Act. In Kerton, the Court determined that WCAT lacked the discretion to deny an extension of time to appeal where the special circumstances and injustice criteria set out in section 243(3) have been met. To comply with the Court’s decision, WCAT has amended items #8.2 and #8.2.3 of its Manual of Rules of Practice and Procedure (MRPP). It has also removed MRPP item #8.2.4 which related to WCAT’s exercise of discretion. These changes are interim as WCAT has appealed the Kerton decision to the B.C. Court of Appeal.
  
  

  The interim amendment applies to all WCAT decisions respecting an extension of time to appeal made on or after May 5, 2010.

  You can find the Chair’s decision here. The amended practice directive showing the amendments is attached to the Chair’s decision. The changes have been incorporated into the MRPP, which you can find on our website here.

  (posted 2010/06/10)
  
• Table of Concordance for New MRPP now available - WCAT has prepared a Table of Concordance that provides a cross reference for items in the December 3, 2004 and November 3, 2009 versions of the WCAT Manual of Rules of Practice and Procedure. Click here to view the Table. (posted 2010/05/10)
  
• MRPP Housekeeping Corrections - We have corrected typos and slips on six pages of the revised MRPP – 38, 58, 73, 77, 180 and 192. Click here for those pages with the corrections shown using “track changes” [pdf 82 Kb]. These typos and slips have also been corrected in the MRPP on our website without track changes. (posted 2010/01/07)
  
• MRPP Revision - WCAT’s Manual of Rules of Practice and Procedure is revised. It will become effective on November 3, 2009. Click here for the revised MRPP [pdf 985 Kb]. Click here for highlights of the changes [pdf 28 Kb]. (posted 2009/10/07)
  
• MRPP Revised - WCAT has undertaken an extensive revision of our Manual of Rules of Practice and Procedure (MRPP). The purpose of this revision is twofold: to reorganize the MRPP into a more “user friendly” document and to make necessary changes resulting from our experience to date. This is the first revision since December 2004 (apart from amendments to items 15.23 and 15.24 concerning reconsiderations).
  
  We invite your comments concerning these proposed revisions. Click here for the revised MRPP.[pdf 1,011 Kb] Click here for a summary of the changes. [pdf 29 Kb].
  
  Please send your comments by September 11, 2009 to Susan Polsky Shamash, Senior Vice Chair and Tribunal Counsel, 150 - 4600 Jacombs Road, Richmond, B.C. V6V 3B1, or fax to (604) 713-0443. If you have any questions about the consultation process, or if you would like a printed copy of the revised MRPP, please contact Lily Chau at (604) 664-7817 (posted 2009/06/17)
  
• Amendment to Item #15.24 of the MRPP - In WCAT-2008-00457, the Chair concluded that WCAT does not have the authority to set aside and reconsider a previous Appeal Division decision on the basis of jurisdictional error (common law grounds). Item #15.24 of the MRPP has been amended accordingly. (posted 2008/04/24)
  
• New Agreement between WorkSafeBC and the BCMA ratified - On December 20, 2006 the new agreement between WorkSafeBC and the BCMA was ratified. It is effective from April 1, 2006 to March 31, 2012 and includes increases to many fee codes in the fee schedule. Click here for highlights of the new agreement. Item #13.23 of the MRPP (Expense of Obtaining or Producing Evidence) provides that "WCAT will generally limit the amount of reimbursement of expenses to the rates or tariff established by the Board for this purpose."It refers to the current tariff items for certain medical legal and other applicable matters. Click here for the newly negotiated amounts for the listed items. (posted 2007/02/22)
  
• MRPP Amendments - WCAT's Manual of Rules of Practice and Procedure (MRPP) was amended and updated on December 3, 2004. This extensive revision of the MRPP is primarily the result of the new Administrative Tribunals Act. The current version of the MRPP is posted. This document contains:
  • a summary of the major changes (pdf 69 kb)
  • the revised MRPP (pdf 992 kb), including a detailed index (259 Kb)
  • Part IV of the Workers Compensation Act (pdf 173 kb) as amended by Bills 68 (the Administrative Tribunals Appointment and Administration Act) and 56 (the Administrative Tribunals Act), and
  • the "portions" of the Administrative Tribunals Act (pdf 157 kb) that apply specifically to WCAT.
  (posted 2004/12/03)
  
• MRPP Amendments - A number of changes are proposed to WCAT's Manual of Rules of Practice and Procedure. This extensive revision of the MRPP is primarily the result of the Administrative Tribunals Act which will come into force in mid-November 2004. Comments are invited concerning these proposals for revision of the MRPP. This document contains:
  • a summary of the major changes (pdf 76 kb)
  • the revised MRPP (pdf 1,440 kb)
  • Part IV of the Workers Compensation Act (pdf 171 kb) as amended by Bills 68 (the Administrative Tribunals Appointment and Administration Act) and 56 (the Administrative Tribunals Act), and
  • the "portions" of the Administrative Tribunals Act (pdf 157 kb) that apply specifically to WCAT
  Comments may be sent by October 29, 2004 to Susan Polsky Shamash, Senior Vice Chair and Tribunal Counsel, 150 - 4600 Jacombs Road, Richmond, B.C. V6V 3B1, or fax to 604 664-7899. (posted 2004/09/30)
  
• MRPP Index - A detailed index has been prepared for WCAT's Manual of Rules of Practice and Procedure (MRPP). (posted 2004/04/26)
  
• MRPP Amendments - WCAT's Manual of Rules of Practice and Procedure (MRPP) was amended and updated on March 29, 2004. This was the first revision of the MRPP since WCAT was created on March 3, 2003 (apart from the recent addition of items 26.60 - 26.69 concerning the "Parking Lot" for backlog appeals). The current version of the MRPP has now been posted. A chart of the revisions has also been provided. (posted 2004/03/29)
  
• MRPP Amendments - A number of changes are proposed to WCAT's Manual of Rules of Practice and Procedure. This is the first revision of the MRPP since WCAT was created on March 3, 2003 (apart from the addition of items 26.60 - 26.69 concerning the "Parking Lot" for backlog appeals). Comments are invited by January 30, 2004 concerning these Proposals for Revision of the MRPP. This document contains excerpts from the MRPP showing the proposed amendments. Comments may be sent to Herb Morton, Senior Vice Chair and Tribunal Counsel, 150 - 4600 Jacombs Road, Richmond, B.C. V6V 3B1, or fax to 604 664-7899. (posted 2003/12/03)
  

Precedent Panel Decisions

• Precedent Panel Decision - WCAT's jurisdiction under over permanent disability awards for disability of the lumbar spine under section 239(2)(c) of the Workers Compensation Act (Act). more... (posted 2005/12/28)
  
• Precedent Panel Decision - Application of Policy Item #50.00 of the Rehabilitation Services and Claims Manual, Volumes I and II - "Interest" - Meaning of "all decisions" in Board Resolution. more... (posted 2005/07/12)
  

Reconsiderations

• Common Law Reconsideration Applications: - In our February 17, 2009 What’s new message we informed you that a message would be posted here should a future court decision provide additional guidance on the applicable standard of review in light of the Supreme Court of Canada’s decision in Dunsmuir v. New Brunswick, 2008 SCC 9.
  
  In Manz v. Sundher, 2009 BCCA 92, the B.C. Court of Appeal determined that the patent unreasonableness standard in the Administrative Tribunals Act is constitutionally valid and that the Supreme Court of Canada’s decision in Dunsmuir does not change the meaning of that standard. In Dunsmuir the court collapsed the common law patent unreasonableness and reasonableness simpliciter standards of review into a single reasonableness standard. WCAT has updated its “Applications for Reconsideration – WCAT Information Sheet” to refer to the Manz decision. (posted 2009/06/23)
  
• Common Law Reconsideration Applications - In Dunsmuir v. New Brunswick, 2008 SCC 9, (Dunsmuir), the Supreme Court of Canada held that there are only two standards of review at common law:  correctness and reasonableness.  This raised a question as to whether the standard of patent unreasonableness continues to apply under the Administrative Tribunals Act (ATA), in relation to WCAT findings of fact or law. more... (posted 2009/02/17)
  
• New Evidence Reconsideration Applications - WCAT has amended items #15.23 and #15.24 of its Manual of Rules of Practice and Procedure to clarify the meaning of "one time only" in section 256(4) of the Workers Compensation Act in situations where WCAT has administratively joined more than one appeal and only issued one decision. In that circumstance, a party may bring separate reconsideration applications on new evidence grounds on separate occasions. However, where the new evidence is relevant to more than one of the joined appeals, the party must bring the reconsideration applications at the same time. Click here for the amended items #15.23 and #15.24. (posted 2008/11/26)
  
• Common Law Reconsideration Applications - In Dunsmuir v. New Brunswick, 2008 SCC 9, the Supreme Court of Canada held that there are only two standards of review at common law: correctness and reasonableness. more... (posted 2008/10/09)
  

Referrals for Lawfulness of Policy (section 251)

Vice Chair Referral Memos/Decisions

• Section 251 Referrals to the Chair for Lawfulness of Policy - There are two new section 251 referrals to the chair. 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. more... (posted 2009/03/04)
  
• Section 251 Referrals to the Chair for Lawfulness of Policy - There are two new section 251 referrals to the Chair. more... (posted 2008/01/08)
  
• Section 251 Referrals to the Chair for Lawfulness of Policy - 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. more... (posted 2007/08/27)
  

Chair's Decisions

• Notice to Board of Directors re: 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. more... (posted 2008/02/05)
  
• Chair's Decision re: Referral for Lawfulness of Workers' Compensation Board (WCB) Policy on Loss of Earnings - Jill Callan, Chair of the Workers' Compensation Appeal Tribunal (WCAT), has determined that elements of policy item #40.00 of the Rehabilitation Services and Claims Manual, Volume II are so patently unreasonable that they are not capable of being supported by the Workers Compensation Act (Act). more... (posted 2007/12/11)
  
• Chair's Decision - Referral for Lawfulness of Workers' Compensation Board Policy on the Rule of 15ths. more... (posted 2006/04/24)
  
• Chair's Decision - Referral for Lawfulness of Workers Compensation Board (Board) Policy on Chronic Pain more... (posted 2005/12/14)
  
• Chair's Decision - This decision of the chair was provided to the Workers' Compensation Board (Board) pursuant to section 251(5) of the Act. In response, and pursuant to section 251(6) of the Act, the Board determined that item #55.40 is patently unreasonable and WCAT may refuse to apply it. The Board's decision can be found on WCAT's website.
  
  Referral for Lawfulness of Workers Compensation Board (WCB) Policy on Entitlement to Dependents' Benefits. This decision of the chair was provided to the Workers' Compensation Board (Board) pursuant to section 251(5) of the Act. In response, and pursuant to section 251(6) of the Act, the Board determined that item #55.40 is patently unreasonable and WCAT may refuse to apply it. The Board?s decision can be found on WCAT's website. more... (posted 2005/09/02)
  
• Chair's Decision - Referral for Lawfulness of Workers' Compensation Board (WCB) Policy on Recurrence of Disability. more... (posted 2005/04/07)
  

Board of Director's Decisions

• Board of Directors' Decision - decision issued on the chair's section 251 referral regarding lawfulness of elements of Board policy on loss of earnings. more... (posted 2008/04/17)
  
• Board of Directors Decision - Decision issued on the chair's section 251 referral regarding lawfulness of Workers' Compensation Board (Board) policy on entitlement to dependent's benefits. more... (posted 2005/12/23)
  
• Board of Directors Decision - Decision issued on the chair's section 251 referral regarding lawfulness of Board policy on recurrence of disability. more... (posted 2005/08/24)
  

Referrals Withdrawn

• 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. more... (posted 2009/04/08)
  
• Section 251 Referrals to the Chair for Lawfulness of Policy - Two section 251 referrals to the chair have been withdrawn. more... (posted 2008/07/03)
  
• Withdrawal of Section 251 Referral to the Chair for Lawfulness of Policy on Changing a Firm's Classification and the 75 Day Rule - On October 4, 2007 the board of directors of the Workers Compensation Board, operating as WorkSafeBC, signed Resolution 2007/10/04-06. more... (posted 2008/01/07)
  

Registry

Research

• 2009 Annual Report - The 2009 Annual Report of the Workers' Compensation Appeal Tribunal is available on our website. Click here to view the Report. (posted 2010/06/22)
  
• Search Our Decisions Update - WCAT is pleased to announce that there have been revisions to decision search on our new website. For example, in addition to the detailed "Search Help" available when searching our decisions, quick tips for searching have been added to both the Basic and Advanced decision search pages. These tips provide information such as how to search by policy, statutory section number or WCAT decision number. (posted 2010/03/03)
  
• PDF forms can now be filled and saved by users to their computers - WCAT is pleased to announce that the pdf forms on the Forms page of its new website can now be filled and saved by users to their computers, including the Notice of Appeal from Review Division and Notice of Appeal from WorkSafeBC forms. Click here to go to the page with the pdf forms that can be filled and saved. (posted 2010/02/26)
  
• Noteworthy Decisions - The Noteworthy Decisions Subject Index is updated. It is current to March 31, 2008. 56 decisions have been added since the last update in February 2007. There are now a total of 335 noteworthy decisions. Three decisions have been removed from the noteworthy page. See the List of Decisions No Longer Noteworthy for further details. (posted 2008/04/24)
  
• WCAT on CanLII - WCAT is pleased to announce that its decisions are now available on CanLII (Canadian Legal Information Institute). CanLII is a non-profit organization managed by the Federation of Law Societies of Canada. CanLII's goal is to make Canadian law accessible for free on the Internet.
  
  At present, only the 2008 decisions have been published. The rest will be added over the next few weeks. Note: There will usually be a delay of up to one month in WCAT?s current decisions being published on CanLII. (posted 2008/03/18)
  

Workers Compensation Act

• New Interim Practice Directive C6-2 (Permanent Disability Benefits – Section 23(3)) effective June 30, 2010 - The Workers' Compensation Board, operating as WorkSafeBC (Board), has implemented a new Interim Practice Directive that provides guidance to Board officers in determining whether a worker's permanent disability award should be assessed under section 23(3) of the Workers Compensation Act. This new Practice Directive is interim, with further changes expected. Practice Directives are not published policy and are not binding on WCAT, but do provide guidance with respect to how the Board interprets and applies law and policy requirements.
  
  • Interim Practice Directive C6-2 (Permanent Disability Benefits – Section 23(3)) (click here)
  (posted 2010/07/08)
  
• Fishing Industry Notice - Equal appeal rights extended to the fishing industry effective June 15, 2004. more...
  

WorkSafeBC

• July 1, 2010 changes to policy in Chapter 3 RSCM II - The Board of Directors of the Workers' Compensation Board, operating as WorkSafeBC (Board) has approved changes to the policy in Chapter 3 of the Rehabilitation Services & Claims Manual, Volume II, and other consequential amendments. Policy items #12.00 through #24.00 inclusively (previous Chapter 3), will be replaced with Items #C3-12.00 through #C3-23.30 (new Chapter 3) and policy item #34.55 in Chapter 5. The new Chapter 3 policies and policy item #34.55 apply to all injuries, mental stress claims, and accidents that occur on or after July 1, 2010. For injuries, mental stress claims, or accident claims that occurred before July 1, 2010, the previous Chapter 3 policies apply. (Note: For injuries, mental stress claims, occupational diseases before June 30, 2002 the Rehabilitation Services and Claims Manual , Volume I continues to apply.)
  • Previous Chapter 3 (policy items #12.00-24.00) (click here) [pdf 247 Kb]
  • New Chapter 3 (policy items #C3-12.00 through C3-23.30)(click here)
  • Policy item #34.55 (click here)
  • Resolution 2007/10/04-04 of the Board of Directors "Chapter 3 of the Rehabilitation Services & Claims Manual, Volume II" (click here)
  • Resolution of the Board of Directors regarding Effective Date of New Chapter 3 (click here)
  (posted 2010/07/02)
  
• WorkSafeBC Issues New Mental Stress Policy - In response to the British Columbia Court of Appeal’s decision in Plesner v. British Columbia Hydro and Power Authority (2009 BCCA 188), the board of directors of WorkSafeBC have amended policy item #13.30.  The amendment is effective April 30, 2009 and applies to all decisions, including appellate decisions, made on or after that date.  Click here for the resolution and policy amendment.  (posted 2009/08/24)
  
• WorkSafeBC Issues New Practice Directive on Section 23(3) Loss of Earnings Permanent Disability Awards - In its decision on April 15, 2008 the Board of Directors of WorkSafeBC determined that item #40.00 of the Rehabilitation Services and Claims Manual, Volume II (RSCM II) is supported by the Act and not patently unreasonable.  However, it observed that Best Practices Information Sheet (BPIS) #17 required revision to ensure the intent of the policy is properly applied. The Board of Directors accordingly directed the administration of WorkSafeBC to amend its internal practice directive with respect to policy item #40.00. Click here for WCAT's previous "What's New" message about the Board of Directors decision.

  On May 29, 2008 WorkSafeBC replaced BPIS #17 with BPIS #22 entitled "Permanent Disability Benefits - Section 23(3)". On June 9, 2008 WorkSafeBC renamed all of its Best Practices Information Sheets as Practice Directives and re-numbered them, including BPIS #22.  BPIS#22 is now titled Practice Directive #C6-2. Its content remains the same as the original BPIS #22.   Click here to view Practice Directive #C6-2 on WorkSafeBC's website. (Click here to view the original BPIS#22). (original posted June 4/08) (posted 2008/06/09)
  

• New Agreement between WorkSafeBC and the BCMA ratified - On December 20, 2006 the new agreement between WorkSafeBC and the BCMA was ratified. It is effective from April 1, 2006 to March 31, 2012 and includes increases to many fee codes in the fee schedule. Click here for highlights of the new agreement. Item #13.23 of the MRPP (Expense of Obtaining or Producing Evidence) provides that "WCAT will generally limit the amount of reimbursement of expenses to the rates or tariff established by the Board for this purpose."It refers to the current tariff items for certain medical legal and other applicable matters. Click here for the newly negotiated amounts for the listed items. (posted 2007/02/22)
  
• 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. more... (posted 2006/07/25)