Power of WCAT to Reconsider for Patent Unreasonableness
– The Supreme Court of Canada has issued its decision in British Columbia (Workers’ Compensation Appeal Tribunal) v. Fraser Health Authority
(2016 SCC 25). The court denied WCAT’s appeal, with the result that the decision of the BC Court of Appeal in Fraser Health Authority v. Workers’ Compensation Appeal Tribunal
(2014 BCCA 499), reversing the BC Supreme Court decision in Fraser Health Authority v Workers’ Compensation Appeal Tribunal and Katrina Hammer
(2013 BCSC 524), remains valid with respect to the issue of WCAT’s jurisdiction to reconsider its own decisions. The majority of the court allowed the workers’ appeal with respect to the sufficiency of evidence establishing causation in workers’ compensation claims. The court concluded that confirmatory expert evidence is not necessary to establish causation, and the Tribunal may rely on other evidence which, viewed reasonably, is capable of supporting a finding of causative significance. Information regarding reconsideration of WCAT decisions is available in the Post-Decision Information Guide
. The BC Supreme Court decision refers to the WCAT decisions that were the subject of review, and those decisions may be found on WCAT’s website. (Posted 2016/06/24)
2016 Amendments to WCAT's Manual of Rules of Practice and Procedure (MRPP)
After a period of public consultation, the WCAT’s Manual of Rules of Practice and Procedure (MRPP) has been amended. The amendments are effective April 26, 2016 The primary purpose of the revision is to reflect the Administrative Tribunals Statutes Amendment Act, 2015, and consequential amendments to the Workers Compensation Act. Additionally, amendments have been made to clarify the requirements for authorization of representatives. These amendments are found in the following items: Glossary, 2.7.2 (Precedent Panels), 3.1.1 (Compensation Issues), 3.1.3 (Occupational Health and Safety Issues and Monetary Penalties), 3.4.1 (Constitutional Questions), 3.4.3 (Administrative Tribunals Act (ATA)), 3.4.4 (Regulations), 6.3.1 (Representative Authorizations), 7.3 (Facilitated Settlement and Alternative Dispute Resolution (ADR)), 8.4 (Suspension of an Appeal), 9.4.4 (Except Precedent Panel Decisions), and 16.1.1 (General).
You can find the Chair’s Decision No. 22 here. The amendments to the MRPP are attached to the Chair’s decision. The changes have been incorporated into the MRPP, which you can find on our website, here.