Notable New Decisions: Oct 2023

Many thanks to the individuals who contribute to this section, including Kevin Love, Sarah O’Leary, Jim Parker and Jennifer Moreau. Rear 2023 BCSC 151 (August 28, 2023)  WCAT Panels cannot discount medical evidence without contrary evidence The B.C. Supreme Court has found that a WCAT panel was “patently unreasonable” in denying a worker’s ASTD claim…

What’s New: October 2023

New WCB Complaint Process – Issue Resolution Office (IRO) and Fair Practices Commissioner (FPC) The new office of the Fair Practices Commissioner (FPC) is now up and running. While the FPC has limited scope, some complaints about delay and procedural or  substantive unfairness will be addressed. The scope and process for complaints, along with a…

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What’s New: September 2023

2023 Policy Consultations The Policy Regulation & Research Department (PRRD) has public consultations on key topics in 2023. The PRRD’s Discussion Papers on each policy (with background &  options for policy changes) are set out below.  NOTE: The PRRD’s current workplan also includes a review of ASTD policy in 2024. Stay tuned! Federal Bill C-224 (June 2023) –…

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Pickering v. Richmond School District No. 38 2021 BCSC 1497

An employer’s response to bullying and harassment may exclude compensation for an injured worker This decision addressed the exclusion for mental disorder claims caused by a decision of the worker’s employer. The WCAT decision under review found that the employer’s general way of handling, or even not handling, a bullying and harassment complaint was “a…

Rear 2023 BCSC 151: WCAT Panels cannot discount medical evidence without contrary evidence

The B.C. Supreme Court has found that a WCAT panel was “patently unreasonable” in denying a worker’s claim for bi-lateral tendonitis. The decision, Rear v. WCAT 2023 BCSC 151 (August 28, 2023) cites another recent court decision in an ASTD case – McHugh v. ICBC 2023 BCSC 56.   In both cases, the Board conducted a very…

Bill 41: One Step forward, Two Steps Back:

Maintaining the Imbalance in the Workers Compensation System The BC Workers Compensation Act (Act) was designed to protect injured workers by maintaining a balance between worker and employer interests. Workers receive fair and equitable compensation and medical benefits funded by employer assessments, in exchange for employers receiving protection from lawsuits for workplace injuries. Maintaining this balance of interests is…

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