Manual of Rules of Practice and Procedure (MRPP)
Effective: May 31, 2011Navigating the MRPP more ...
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MRPP Notes more ...
Unless otherwise indicated, statutory provisions and items referenced in parentheses in the category headings refer to the Workers Compensation Act and to the MRPP.
TABLE OF CONTENTS
1.1 Workers’ Compensation Appeal System
1.2 The Manual of Rules of Practice and Procedure
1.5 Administrative Law Concepts
1.5.2 Jurisdiction of Tribunals
- 1.5.3.1The Right to be Heard
- 1.5.3.2The Right to a Decision from an Unbiased Decision Maker
- 1.5.3.3The Right to a Decision from the Person who Hears the Case
- 1.5.3.4Fettering Discretion
- 1.5.3.5The Right to Reasons
- 1.5.3.6Failing to Decide a Matter (Missed Issue)
- 1.5.3.7Effect of a Breach of Procedural Fairness
3.1.2 Employer Issues Concerning Assessments and Monetary
Penalties
3.1.3 Occupational Health and Safety Issues and Monetary
Penalties
3.1.5 Certification to Court (chapter 18)
3.1.6 Application for Reconsideration (items 20.2.1 and 20.2.2)
3.2 Matters Not Appealable to WCAT
4.2 Employer Assessment and Classification
4.3 Occupational Health and Safety
4.6 Deceased Worker – Standing of Estate
6.5 Notification of Respondents (item 4.8)
6.5.1 Participating Respondents
6.5.2 Non-Participating Respondents
6.5.3 Unregistered Employer Charged with Claims Costs (section 47(2))
6.6 Participating Person/Representative Group
6.6.2 In Employer Relief of Costs Appeals (section 39(1)(e))
6.6.3 In Employer Cost Transfer Appeals (section 10(8))
6.6.4 In Administrative Penalty Appeals (section 196)
6.7 Posting a Notice in Occupational Health and Safety Appeals
7.1 Streaming: Regular or Specialty
7.2 Joining or Combining Appeals
8.2 Extension of Time to Appeal
8.3 Stay of Decision under Section 244
-
8.4.1Suspension for Referral of an Undetermined Matter Back to the Board under Section 246(3)
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8.4.2Suspension to Obtain Independent Health Professional Advice under Section 249
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8.4.3Suspension for Referral to the Chair for Lawfulness of Policy under Section 251
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8.4.4Suspension Pending a Board Decision on a Related Matter under Section 252
10 Section 251 Referral to the Chair for Lawfulness of Policy
11.5 Weight, Credibility and Reliability
11.7 Orders (Subpoenas) for the Production of Existing Evidence
12 Independent Medical Assistance or Advice (IHP Process)
14.2 Attendance at the Oral Hearing
14.3 Procedure at the Oral Hearing
14.4 Who May Attend the Oral Hearing
14.5 Record of the Oral Hearing
17.1 Time Frame for Decision Making
17.3 Reasonable Apprehension of Bias and Conflict of Interest
18 Certification to Court – Section 257 Applications
18.3 Standing to Make Application
18.4 Initiating the Application for Certification
19 Public Access to WCAT Decisions
20.1 Amendments to Final Decisions
20.2 Reconsideration of Final Decisions
20.2.1 Reconsideration Based on New Evidence (Section 256)
20.2.2 Reconsideration to Cure a Jurisdictional Defect
20.3 Reconsideration Applications
20.5 Effect of Application for Reconsideration or Petition for Judicial Review
Appendix 1 A Short History of the Workers’ Compensation Appeal System
Appendix 3 Practice Directives
- Compensation Act Appeal Regulation , Order in Council No. 1039/2002 (B.C. Reg. 321/2002)
- Transitional Review and Appeal Regulation , Order in Council No. 1040/2002 (B.C. Reg. 322/2002)
- Fishing Industry Regulation, Order in Council No. 1041 (B.C. Reg. 323/2002) and Order in Council No. 1150 (B.C. Reg. 384/2002)
Appendix 5 Chair’s Delegation Decision
Appendix 6 The Review Division’s Jurisdiction – A Summary
Appendix 7 Standing of an Estate – Statutory Declarations
Appendix 8 Combined Appeals – Authorization to Release Information
Appendix 9 Orders (to Testify and for the Production of Documents)
Appendix 10 Oaths and Affirmations
Appendix 11 Current Board Fee Schedule for Medical and Psychological Matters
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