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…

The Election and Compensation: What does it mean for injured workers?

On October 19, 2024, B.C. voters will be offered a stark choice about B.C.’s future government. And while there is little public comment about “WCB” matters, make no mistake that there are serious backroom discussions going on about it in the Employer community. Many employers see this election as an opportunity to again raise the spectre…

What’s New: Sept 2024

After a long summer break, there is new material on the IWRAP website in these areas: 

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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…

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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…

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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…