Key Resources for Advocates – Quick Reference Guide
Most of the online resources noted below are available online via worksafebc.com or wcat.bc.ca. Specific website addresses are provided though most sites can be found by Googling ‘worksafebc’ or ‘wcat’ and the name of the document(s).
Legislation, policy & practice directives
The Board is required to apply the Act and associated Board policy. Its Practice Directives are non-binding. Most provisions of the Act are general and broad. The policies provide detail regarding application of the Act, the practice directives further detail regarding application of the law and policy:
- Workers’ Compensation Act (* also available at worksafebc.com)
- WCB compensation policy – Rehabilitation Services and Claims Manual (RSCM):
- WCB Practice Directives – (* This page also links to “Related Practices”: other guidelines such as the “Psychological Impairment Guidelines” used for pension adjudication)
Researching past cases
Past cases are not useful as precedents in WCB reviews/appeals but adjudicators are encouraged to maintain consistency with past decisions:
- Search past Review Division cases
- Search past WCAT cases – the best search engine is canlii.org/
- * also see Workers’ Compensation Appeal Tribunal
- Review “Noteworthy” WCAT decisions – index by subject linking to decision summaries:
- Judicial reviews of RD and WCAT decisions – arranged by date with summaries
- * also see: canlii.org re judicial review decisions
Review/appeal practices and procedures
- WCB forms, such as the Application for Compensation, Request for Review, Request for Disclosure, Authorization of Representative, search the forms and resources page at www.worksafebc.com:
- WCAT Notice of Appeal
Claim file access
Create an online account and login to view claim records / request/manage reviews, etc. via portal at worksafebc.com home page.
Requests to WCB
- If you’re asking for a new decision or unadjudicated benefits, you may want to put it in writing then follow up by phone, or email. If the case manager is ignoring you, and not recording your calls, you may want to call the Claims Call Centre 1-888-967-5377 and ask the agent to ‘task’ the case manager to call you and log a memo so it’s recorded.
- If the case manager does not call you back within 2 business days, you’re entitled to call the Claims Call Centre to request a call back from the Client Services Manager of that case manager regarding the delay
- If the Client Services Manager doesn’t call you back within 2 business days, you’re entitled to call (or write) the WCB’s Fair Practices Office (FPO) 1.800.335.9330 and dispatch them to address the issue of delay or other unfair practice. See the FPO’s webpage.
Preparing your appeal
- WCAT provides information regarding starting appeals, preparing your case and gathering and presenting evidence & arguments.
Reimbursement of appeal expenses
- Fee schedules – See “Expenses to get new written evidence relevant to the appeal” for list of links to fee schedules on Board’s website and elsewhere
- Past course materials & articles are available at https://www.harrisonoleary.com/resources (* NOTE: some materials refer to outdated sections of the Act when discussing cases prior to April 6, 2020)
Table of concordance
- Effective April 6, 2020, the 350+ sections of the Workers’ Compensation Act were all moved around as part of a revision to make the Act more readable. The Table of Concordance shows where the sections of the former act can now be found.
Reminder – Key review & appeal deadlines
- 90 days to file a request for review of a Board decision
- 30 days to file a notice of appeal to WCAT of a Review Division decision
Common WCB terms & acronyms
WCB uses many specialized words and acronyms (initials). The following may be helpful.
- Glossary of common WCB terms – from the Workers’ Adviser’s website