Difference between pages "Checklist for Workers' Compensation Interviews (7:App F)" and "Checklist for Workers' Compensation Review Division Appeals (7:App G)"

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{{LSLAP Manual TOC|expanded = workers}}
{{LSLAP Manual TOC|expanded = workers}}


{{Checkbox}} Obtain basic client information
{{Checkbox}} Interview client


{{Checkbox}} Note WCB claim number
{{Checkbox}} Review his or her documents


{{Checkbox}} Determine worker’s claim status:
{{Checkbox}} Immediately take note of time limits applicable – they are always to be adhered to


* a) Present benefits
{{Checkbox}} Contact the WCB for necessary clarification, reconsideration based on new evidence, etc.
* b) On what basis
* c) Pending changes
* d) Relevant decisions
* e) Pending appeals


{{Checkbox}} Review worker’s claim in full detail:
{{Checkbox}} Advise client on alternatives such as an application for reconsideration based on new evidence, keeping in mind that the decision is not more than 75 days old since that would prohibit a Board from reconsidering it. 


* a) Date of injury
{{Checkbox}} File Request for Review application form if instructed by client.  Ensure the time limit is met.
* b) Nature of injury
* c) Circumstances of injury
* d) Client’s job
**i) Remuneration
**ii) Duties - job description
**iii) Length of Employment


{{Checkbox}} If claim was accepted, determine:
{{Checkbox}} Request copy of file from Board (this can be done before an appeal is filed if time permits).


*a) Initial benefit rate
{{Checkbox}} Review client’s file with him or her
*b) Did benefit rate change after 10 weeks?
* a) Any correspondence
**i) Evidence of long-term earnings given to WCB
* b) Medical file
**ii) Client's actual work and earnings history
* c) Memoranda


{{Checkbox}} Any medical treatment and diagnosis
{{Checkbox}} Identify key issues leading to the decision - examine all aspects


*a) Client’s position
{{Checkbox}} Research important issues
*b) Doctor’s advice
* a) Medical - consult family doctor, specialist, etc.
*c) Board’s position
* b) Policy - read Claims Manual, relevant Reporter decisions, etc.


{{Checkbox}} Permanent disability
{{Checkbox}} Decide on the basic grounds for appeal and relief sought


* a) Return to previous job
{{Checkbox}} Apply for permission to make a late appeal of a related decision, if necessary
* b) Return to another job with same employer
* c) Retraining


{{Checkbox}} Long-term loss of earnings?
{{Checkbox}} Prepare and gather the evidence
* a) Client’s testimony
* b) Other witnesses
* c) Documents:
**i Medical legal reports
**ii Affidavits or letters from unavailable witnesses
**iii Income tax returns, etc.
***Ask Review Division to subpoena non-cooperative witnesses


* a) Other advisor or representatives
{{Checkbox}} Prepare submissions - do this in writing, as with a trial book
* b) Workers’ advisor? Trade Union? Other?
 
{{Checkbox}} Hearing
 
{{Checkbox}} Receive and review Review Division findings with client
 
{{Checkbox}} Consider further appeal to Workers Compensation Appeal Tribunal




{{LSLAP Manual Navbox|type=chapters1-7}}
{{LSLAP Manual Navbox|type=chapters1-7}}

Revision as of 23:36, 20 September 2020

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 31, 2020.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
7. Workers' Compensation
 · I. Introduction

 · II. Governing Legislation & Policy
 · III. Introduction to Compensation Claims
 · IV. LSLAP's Role
 · V. Limitation Periods & Timing of Decisions
 · VI. Making a Claim
 · VII. The Claim Acceptance Process
 · VIII. Worker Status
 · IX. Disability and Causation
 · X. Time Limits & Procedures
 · XI. Claim Benefits
 · XII. Appeals
 · XIII. Health & Safety Regulations
 · XIV. Assessments of Employers
 · XV. The WCB Fair Practices Officer
 · Appendix A: Abbreviations
 · Appendix B: List of Cases
 · Appendix C: Referrals
 · Appendix :D Resources
 · Appendix E: Claims Process
 · Appendix F: Checklist for Interviews
 · Appendix G: Checklist for Appeals

 · Appendix H: Sample Authorization Form
v • d • e



□ Interview client

□ Review his or her documents

□ Immediately take note of time limits applicable – they are always to be adhered to

□ Contact the WCB for necessary clarification, reconsideration based on new evidence, etc.

□ Advise client on alternatives such as an application for reconsideration based on new evidence, keeping in mind that the decision is not more than 75 days old since that would prohibit a Board from reconsidering it.

□ File Request for Review application form if instructed by client. Ensure the time limit is met.

□ Request copy of file from Board (this can be done before an appeal is filed if time permits).

□ Review client’s file with him or her

  • a) Any correspondence
  • b) Medical file
  • c) Memoranda

□ Identify key issues leading to the decision - examine all aspects

□ Research important issues

  • a) Medical - consult family doctor, specialist, etc.
  • b) Policy - read Claims Manual, relevant Reporter decisions, etc.

□ Decide on the basic grounds for appeal and relief sought

□ Apply for permission to make a late appeal of a related decision, if necessary

□ Prepare and gather the evidence

  • a) Client’s testimony
  • b) Other witnesses
  • c) Documents:
    • i Medical legal reports
    • ii Affidavits or letters from unavailable witnesses
    • iii Income tax returns, etc.
      • Ask Review Division to subpoena non-cooperative witnesses

□ Prepare submissions - do this in writing, as with a trial book

□ Hearing

□ Receive and review Review Division findings with client

□ Consider further appeal to Workers Compensation Appeal Tribunal


v • d • e
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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