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Appeal Expenses

Section 7 of the Workers Compensation Act Appeal Regulation (Appeal Regulation) provides that WCAT may order WorkSafeBC to reimburse you for certain appeal expenses related to an appeal. More information on expenses is provided in Chapter 16 of the Manual of Rules of Practice and Procedure (MRPP) .

WCAT does not order WorkSafeBC to pay for your photocopying expenses, or your representative's fees.

Documentary Evidence Expenses

At your request, WCAT may order WorkSafeBC to reimburse you for the expense of obtaining or producing evidence, such as a letter or report from a doctor, or translating a document into English. If you have such an expense, send us a copy of the bill or invoice along with your written submission, or give it to the vice chair at your oral hearing.  more ...

Even if you are not successful in the appeal, WCAT will generally order WorkSafeBC to reimburse you for your expense in obtaining written evidence (such as a medical report) if the evidence was useful or helpful in deciding the appeal, or it was reasonable for you to have obtained the evidence for the appeal. WCAT usually put limits on the amount of the reimbursement if there is a WorkSafeBC rate or fee schedule (see expense reimbursement chart ). If your bill or invoice is higher than this rate or fee schedule, please explain the reason why you think we should order reimbursement of the full amount. In these circumstances please provide us with a copy of the itemized bill or invoice.

Attending An Oral Hearing Expenses

We may order reimbursement of a worker's expenses for attending an oral hearing, such as travel and lost wages. In some circumstances we will also reimburse meals and accommodation expenses.  more ...

We generally reimburse the worker for expenses incurred in attending the oral hearing if they are successful in the appeal. The amount reimbursed may be limited (see expense reimbursement chart ).

We do not normally order reimbursement of expenses for an employer's attendance at an oral hearing.

We reimburse witness expenses for attending an oral hearing where their attendance was helpful or useful or it was reasonable to have asked them to attend and give evidence (regardless of the outcome of the appeal).

If WCAT orders WorkSafeBC to reimburse you for your expenses for attending the oral hearing, please send all your bills and receipts to WorkSafeBC. WorkSafeBC reimburses these expenses, not WCAT.


Expense Reimbursement Chart Is there a WorkSafeBC (Rate or Fee)
Schedule for Guidance

A.  Production of Evidence

Expert Medical Witnesses

No  (see Scale B BCMA Medical-Legal matters for guidance)1

Medical-Legal Opinion

British Columbia Medical Association (BCMA) Fee Schedule

Medical-Legal Report

BCMA Fee Schedule

Independent Medical Examination
(PFI Evaluation)

No2

Psychological Assessment

Psychologist Fee Schedule

Neuropsychological Assessment

Psychologist Fee Schedule

Functional Capacity Evaluation (FCE)

FCE Fee Schedule

Employability Assessment (EA)

EA Fee Schedule3

Individual Written
Rehabilitation Plan (IWRP)

IWRP Fee Schedule

Ergonomic Assessment

No4

Job Demands Analysis

RTWSS Fee Schedule

Vocational Testing/Assessment

Fee Schedule Vocational Rehabilitation Program Services

B. Attending an Oral Hearing

Lost Wages

Item #16.00 MRPP; Rehabilitation Services and Claims Manual (RSCM) #100.14 and #83.13 policy guidance

Transportation

Item #16.00 MRPP; RSCM #100.14 and #82.20 policy guidance

Meals and Accommodation

Item #16.00 MRPP; RSCM #100.14 and #83.13 policy guidance

1→ WCAT will also consider reimbursing the attendance of other non-medical expert witnesses for which there is no WorkSafeBC rate or fee schedule to provide guidance.

2→ WorkSafeBC practice is to consider these assessments as being equivalent to a medical legal opinion so that the BCMA fee schedule for medical legal opinions should apply.

3→ As of January 1, 2011 there is a fee schedule.

4→ WorkSafeBC practice is to pay up to $1000 for an external ergonomic assessment report which is the same as a one-day Functional Capacity Evaluation.

Workers' Compensation Appeal Tribunal. 150-4600 Jacombs Road, Richmond BC V6V 3B1 * All rights reserved.
Tel. (604) 664-7800 * Toll Free within BC 1 (800) 663-2782 * Fax (604) 664-7898
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