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…
News & Views
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) –…
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…
Exposure Injuries & Diagnosis – What’s New?
Workers who are exposed to hazardous substances in the workplace often suffer serious, even fatal, injuries. Then why are exposure injuries such difficult compensation cases and why are so many exposed workers denied compensation? Some exposures cause well known medical conditions (like asbestos & cancer). However, other toxic exposures cause symptoms (respiratory distress, nausea, etc.) which elude…
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…
Bill 41- Stepping Stones or a Stonewall?
Over the last 5 years, the NDP government has been “inching” towards a fairer WCB system and the changes are not insubstantial. The incremental changes made by this B.C. NDP government to the Workers’ Compensation Act (Act) since 2017 include: What have these changes meant, in total, for injured workers? This is an important question given that…