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