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.
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Interim Practice Directive C6-2 (Permanent Disability Benefits – Section 23(3))
(click here)
(Posted 2010/07/08)
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)
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Policy item #34.55
(click here)
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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)
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)
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)
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)
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)
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)
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)
