This chapter covers basic legislation, policy , and procedures associated with appeals under ''Workers’ Compensation Act'', RSBC l996, c 492[WCA].

The ''Workers’ Compensation Act'' [WCA] is a provincial statute creating a regulatory body called the Workers Compensation Board of B.C. Since 2003, this body works under the name of “WorkSafe B.C.” and is hereinafter referred to as “the Board”or WCB in this section. The Board has three primary functions: exclusive jurisdiction over compensation for workplace injuries amongst other duties. The Board’s origins are perhaps more interesting than its current form suggests.

'''Compensation for Injured Workers:'''The WCA creates a mandatory system Some of the earliest forms of no fault insurance to compensate workers ' compensation started with pirates in the pre-Revolutionary Americas. A pirate who suffer a personal injury or lost an occupational disease (OccD) as a result eye was entitled to 100 pieces of their workeight, roughly one year's pay. The WCA grants exclusive jurisdiction to With the Board over these matters industrial revolution, more evolved workers' compensation schemes followed in Europe and at the same time bars any legal action by an injured worker against another worker or B.C. employer for any matter related eventually spread back to this injury [section 10 of North America where they are now mandatory across Canada and the WCA]United States.

'''Regulation of Occupational Health and Safety (OH&S):'''In BCToday’s workers’ compensation schemes, including BC’s, are based on the Board is responsible historic trade-off: employers fund a no-fault insurance scheme benefitting workers and in exchange workers give up their right to legal action against their employer for workplace health work-related injuries and safety regulationsoccupational diseases [WCA s 10]. Ideally, investigations and enforcement as set this approach offers several benefits. It takes workplace injury claims out in Part III of the WCA courts, reducing clutter for them and cost and in delay for the ''Occupational Health & Safety Regulation''workers. While most enforcement orders and penalties are against employers for safety violations, orders may also be issued against It gives greater certainty of coverage to workersand streamlines the compensation process. Under Finally, like any insurance scheme, it spreads losses amongst employers and eliminates the WCAconcern about ruinous claims. Unfortunately, reality often falls short of these ideals and, especially in light of changes since 2002, injured workers are entitled to refuse unsafe work often require help and to be protected from retaliation for reporting unsafe work practiceseven representation.

The Board'''Employer Assessmentss other duties consists of:'''The WCA grants specific powers to the Board to set rates and collect assessments from employers to create an Accident Fund. The Accident Fund must be sufficient to finance the compensation system and each employer is assessed annually based on a complex formula (see below). The WCA requires the Board to operate a fully funded system.

== A. Scope '''Regulation of This Section ==This section is to assist students working on cases Occupational Health and appeals arising from Board decisions made under Safety (OH&S):''' In BC, the WCA. The vast majority of appeals involve Board decisions denying injured is responsible for workplace health and disabled workers particular compensation benefits. This is not surprising given the nature safety regulations, investigations and scope enforcement as set out in Part III of the Board’s current mandate WCA and in the fact that about 100''Occupational Health & Safety Regulation''. While most enforcement orders and penalties are against employers for safety violations,000 compensation claims are filed by injured orders may also be issued against workers every year. Under the WCA, with about half of these claims involving a serious injury or disabilityworkers are entitled to refuse unsafe work and to be protected from retaliation for reporting unsafe work practices.

Therefore, the primary focus of this material is on Compensation matters which may be at issue in appeals. Assessment and OH&S issues are also addressed but in separate sections at the end of the chapter. There are also Appendices with information for referrals and community resources. '''Employer Assessments:''' The In particular, the WCA requires grants specific powers to the Board, through its to set rates and collect assessments from employers to create an Accident Fund. The Accident Fund, must be sufficient to support finance the Employers Advisors compensation system and Workers Advisors who can provide employers and workers with free legal assistanceeach employer is assessed annually based on a complex formula (see below). However, The WCA requires the extent of the assistance provided by these Advisors changes from time Board to time and between locationsoperate a fully funded system.

== BA. Governing Legislation Scope of This Section ==The ''Workers Compensation Act'' '''[WCA]''' is the legislation which creates This section advises workers and governs the Board. In 2002 and 2003, the WCA was substantially amended and the key transition date is '''June 30, 2002'''. Workers who were injured before or their representatives on June 30, 2002 (with a few exceptions), have the former WCA apply to their claims whereas workers who were injured after this date are under the amended or “new” WCA. The new WCA revised sections 99 overall structure and 250 basic procedures of the Act to make Board policy binding on all Board decision-makers and its appeal bodies. Subsequentlybody, the courts determined that the effect of these provisions is to give Board policy a legal status equivalent to subordinate legislation.  Relevant Board policy for compensation matters is set out in the ''Rehabilitation Services and Claims Manual'' '''[RSCM]'''. Volume I applies to claims initiated before June 30, 2002 [RSCM I] and Volume II applicable to any claims initiated after June 30, 2002. [RSCM, II]. The Board also publishes binding policy for Assessments. OH&S matters are primarily dealt with through the ''OH&S Regulation'', although there is also a Prevention Manual.  The WCA amendments also changed the appeal structure for Board decisions. After March 1, 2003, there are two levels of appeal for most Board decisions:*i. an internal review at the Review Division (RD); and *ii. an external de novo appeal at the Workers Compensation Appeal Appeals Tribunal ([WCAT), which is an independent tribunal. In 2004, the ''Administrative Tribunals Act'', '''SBC 2004''', '''c 45 [ATA]''' came into effect. The ATA applies It is intended to all administrative tribunals assist in B.C., including WCAT. The ATA sets out certain procedural requirements for WCAT working on cases and also sets a 60 day time limit for filing a judicial review appeals arising from a WCAT decision. The ATA does not apply to Review Division Board decisions. Citations for made under the WCA, key amendments and other relevant legislation are attached in the Appendix. All legislation and Board policies are available on the [http://www.worksafebc.com Board website]. Applicable ATA provisions and their effect on WCAT procedures are also incorporated in WCAT’s '''Manual The vast majority of Rules, Policy and Procedures''' [MRPP], available on the [http://www.wcat.bc.ca WCAT website]. == C. Binding Policy for Compensation Claims and Appeals: RSCM II ==Section 99 of the WCA requires the Board to apply any applicable Board policy which has been passed by the appeals involve Board of Directors. This means that published Board policy is binding on all Board decision-makers, including the Review Division; a similar provision makes Board policy binding on WCAT [section 250].  Section 99 of the WCA also states that all decisions “shall be given according to the merits denying injured and justice of the case and where there is a doubt as to any issue and the disputed possibilities are evenly balanced, the issue shall be resolved in accordance with that possibility which is favourable to the worker”. In practice, Board policy confines, or attempts to confine, the nature of relevant evidence and to provide the framework for how evidence is to be assessed and weighed. Therefore, in appeals, it is important to identify the correct applicable Board policy whether or not it is identified in the initial Board decision. As noted above, disabled workers particular compensation policy is set out in the Rehabilitation Services and Claims Manual, Volume II [RSCM II]benefits. The current RSCM II is available at http://www.worksafebc.com under the “Regulation and Policy” tab, which produces a choice of “Published Policy” and “Practices”. RSCM This is under the policy choice with an option of Volume I (for injuries occurring before June 30, 2002) and Volume II (for injuries after this date). Under the “Practice” menu, there is also an RSCM link which will take you to non-binding compensation guidelines, including Practice Directives (PDs) which correspond with particular RSCM II policies.  The RSCM II has eighteen chapters. Each chapter focuses on a particular entitlement issue or benefit and contains the policies relating to not surprising given that issue. Each policy is numbered and dated and is typically 1-3 pages long. The RSCM II index (also available through the RSCM II link) is very helpful for locating any relevant chapter and policy. Board policies change frequently. Each new version of a policy is passed by the Board of Directors and is published with both a specific effective date are often complex and a determination as difficult to whether or not the changes apply to appeals. This information is set out at the end of each policy. Each new Board policy is incorporated into the electronic version of the RSCM II available on the Board website. When handling an appeal, students should determine the relevant applicable policy (especially for old claims) understand and should also review the electronic version of newer policy to ensure that it is still current. The Board website also contains all the former or “archived” policy manuals so that any relevant policy is accessibleabout 100, even for old 000 compensation claims. If a particular Board decision quotes part of a policyare filed by injured workers every year, it is good practice to read the whole policy and also to look at the surrounding policies to understand the full framework for that type with about half of benefit. Also, although a particular policy may be quoted in these claims involving a decision, the decision-maker may serious injury or may not have applied the right policy. It is best to assess the worker’s issue and determine whether or not alternative policies may be the correct applicable policiesdisability.

LastlyTherefore, Board policy must be consistent with the WCA. If someone considers that a Board policy primary focus of this material is inconsistent with the WCA, they are entitled to challenge that policy in a WCAT appeal on Compensation matters which may be at issue in which it is relevantappeals. If Assessment and OH&S issues are addressed briefly at the WCAT panel agrees that end of the policy is not supported by chapter. The Appendices provide information for referrals and community resources. In particular, the WCArequires the Board, through its Accident Fund, the panel will refer the matter to support the WCAT Chair; if Employers Advisors and Workers Advisors who can provide employers and workers with free legal assistance. However, the Chair agrees, they will refer extent of the policy assistance provided by these Advisors changes from time to the WCB’s Board of Directors for ultimate determination time and possible policy change (s. 251, WCA)between locations.