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Lawfulness of Policy Referrals Withdrawn

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. In those cases, the vice chair subsequently withdrew the referral. In other cases, the vice chair may determine that the policy is not applicable to the appeal before them and withdraw it for that reason.

Policy Referred Date of Referral Memo / Decision Issue (Referral) New Policy

#66.00 RSCM II

Feb 22/16

General Rule for Determining Long-Term Average Eearnings


#40.13 RSCM II

Feb 27/13

Measurement of Earnings Loss

N/A, see 2014-02307
AP1-37-3 (2.1)
Sep 28/12

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

Effective: Oct 11/12


Mar 30/11

Loss of Earnings
(Similar Occupation)

Interim Practive Directive #C6-2

Interest: Period for interest will be paid

Effective: Sep 22/10

D12-196-6 PM

Feb 16/09

Feb 17/09

Administrative Penalties-
Amount of Penalty

Effective: Mar 25/09
D24-73-1 PM

Quantum of Claim Cost Levy

Effective: Jul 01/08

#67.60 RSCM II
Exceptional Circumstances
(Average Earnings)

Effective: May 01/08

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