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Lawfulness of Policy Referrals Withdrawn Due to Board of Directors' Policy Change

When the chair of WCAT receives a section 251 referral from a vice chair, as a courtesy, the panel's memorandum is disclosed to the chair of the board of directors of WorkSafeBC. As a result, sometimes the board of directors changes the criticized policy. Thus it becomes unnecessary for the WCAT chair to make a decision. In the following cases, the vice chairs subsequently withdrew the referral.

Policy Referred Date of Referral Memo / Decision Issue (Referral) New Policy
AP1-37-3 (2.1)
2012-02540
Sep 28/12

The Classification System
Classification - Changes (Effective Date of Rate-Down Change)

2012/10/11-03
Effective: Oct 11/12

#40.00
RSCM II

2011-00833
Mar 30/11

Loss of Earnings
(Similar Occupation)

Interim Practive Directive #C6-2
AP1-39-2

Interest: Period for interest will be paid

2010/12/08-03
Effective: Sep 22/10

D12-196-6 PM

Feb 16/09

Feb 17/09

Administrative Penalties-
Amount of Penalty

2009/03/25-02
Effective: Mar 25/09
D24-73-1 PM

Quantum of Claim Cost Levy

2008/05/28-04
Effective: Jul 01/08

#67.60 RSCM II
Exceptional Circumstances
(Average Earnings)

2008/03/19-01
Effective: May 01/08

AP1-37-3
AP1-96-1
Changing a Firm's Classification
(75 Day Reconsideration Rule)
#13.30 RSCM II Recurrence of Mental Stress

#31.40 RSCM II

Hearing Loss

No BOD Resolution Housekeeping change -
Amendment made to archived policy dated: Aug 01/00 to Jul 31/03

#15.50 RSCM I & II

Umbilical hernia

#50.00 RSCM I Interest on Survivor Benefits
(Widows and Dependants)

"RSCM I" is the Rehabilitation Services and Claims Manual, Volume I
"RSCM II" is the Rehabilitation Services and Claims Manual, Volume II
"AP" is the Assessment Policy Manual
"PM" is the Prevention Manual

For a listing of chair's lawfulness of policy decisions .

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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