Section 251 of the WCA states that WCAT may refuse to apply an applicable policy of the board of directors of WorkSafeBC 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 of the board of directors should not be applied, they must refer that issue to the chair of WCAT 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.
If the chair decides that the policy should be applied, the chair will refer the matter back to the panel and the panel is bound by the chair's determination. If the chair decides that the policy should not be applied, the chair will: send a notice of this determination, including the chair's written reasons, to the board of directors, and suspend any other appeal proceedings that are pending before WCAT that the chair considers to be affected by the same policy until the board of directors makes their determination.
Within 90 days after notice from the chair, the board of directors must review the policy and determine whether WCAT may refuse to apply it. After the board of directors makes its determination, the board of directors must refer the matter back to WCAT and WCAT is bound by that determination.