By Rolf Harrison, Workers’ Advocate BC Building Trades A MONTH AGO, BOB GOT INJURED at work. He’s on crutches and in a lot of pain. The company’s disability manager is texting him daily about modified duties: Your doctor’s letters aren’t clear enough!” “We expect you here at 7 a.m.!” “Doing what your surgeon says is…
Author: IWRAP
Issues to Watch as WorksafeBC Starts Enforcing the New Duty to Maintain Employment
By Kevin Love The Workers Compensation Act now imposes a duty on employers who regularly employ at least 20 workers to maintain the employment of an injured worker who has been continuously employed for at least 12 months. Importantly, this new duty to maintain the injured worker’s employment requires that the employer accommodate the injured…
What’s New: Jan 2025
It’s a New Year, and there is new material on the IWRAP website, introduced below in 4 sections – For Advocates, News, Research and Community. Next month, there will be a special IWRAP update on the urgent topic of Claims Suppression. For Advocates: January 2025 News: January 2025 Policy Challenge: A WCAT appeal challenges Policy…
What’s New: Sept 2024
After a long summer break, there is new material on the IWRAP website in these areas:
Pickering v. Richmond School District No. 38 – (ongoing)
Recently, the B.C. Supreme Court upheld a WCAT decision which denied the worker’s bullying and harassment claim. Now, that worker, together with the Community Legal Aid Society (CLAS), has launched a challenge to section 135 of the Worker’s Compensation Act (“Act”) as being discriminatory under the Canadian Charter of Rights and Freedoms (“Charter”). The worker…
What’s New: Jan-Mar 2024
Bill 41 – Change Comes to the Compensation System Effective January 1, 2024, two new Duties were introduced into the Workers’ Compensation Act (Act) via Bill 41. The following new Duties will dramatically change the B.C. compensation system. The new Duties set out the expectation (with enforcement provisions) that injured workers and employers will work together…
What’s New: Nov-Dec 2023
New Compensation Duties – Effective January 1, 2024 The big news is that the two final provisions of Bill 41 will come into effect on January 1, 2024. These are: Board policies about these new duties have not yet been published, although draft policies were issued for policy consultations. The new legislation and these draft policies…
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…
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) –…