Consultation questions - Notification of Decisions

							Consultation questions - Notification of Decisions

WorkSafeBC is seeking input from stakeholders on the following key issues:

1. What is a decision?

   In considering stakeholders’ request for a definition of decisions, WorkSafeBC
   proposes the following definition:

         • A decision is a determination awarding, denying or limiting entitlement
           to benefits and services or imposing or relieving an obligation under
           the Workers Compensation Act (“Act”) or policy.

Please rate the following:

                Strongly     Disagree     Neutral       Agree         Strongly
                Disagree                                              Agree
I support
the
proposed
definition of
decision.


2. When is a decision made?

   The Act provides that the timelines on reconsiderations, reviews and appeals
   commence on the date the WCB decision is made. However, the Act does
   not direct when a decision is considered to have been made. WorkSafeBC
   proposes the following to address this issue:

         • A decision is made for the purpose of triggering the timelines for
           reconsiderations, reviews and appeals, on the date the decision is
           communicated to the affected party.

Please rate the following:

                Strongly     Disagree      Neutral       Agree        Strongly
                Disagree                                              Agree
I support the
proposed
amendment.
3. How are decisions communicated?

   WorkSafeBC aims to communicate decisions in writing. Decision letters will
   be provided where the decision:
        • denies or limits benefits to a worker; or
        • is protested by the employer.

  Policy will also contain a list of examples where decisions letters should be
  provided.

  Verbal communication of decisions may occur where the decision is:
        • favourable to the worker; or
        • is uncontested by the employer.

Please rate the following:

                Strongly     Disagree       Neutral      Agree         Strongly
                Disagree                                               Agree
I support the
proposed
amendment.


4. Finding of fact

   WorkSafeBC has identified an opportunity to clarify the difference between a
   decision and a finding of fact. Accordingly, WorkSafeBC proposes that a
   finding of fact:
       • is not subject to the 75-day limit on the WCB’s reconsideration
         authority; and
       • may not be reviewed or appealed in the absence of an expressed or
         implied entitlement decision under review or appeal.

Please rate the following:

                Strongly     Disagree       Neutral      Agree         Strongly
                Disagree                                               Agree
I support the
proposed
amendment.
5. Rejected claims

   WorkSafeBC proposes to provide notice of review and appeal rights to
   applicants whose claim for compensation benefits has been rejected due to
   lack of standing under the Act, as is currently done in practice.

Please rate the following:

                Strongly     Disagree    Neutral      Agree        Strongly
                Disagree                                           Agree
I support the
proposed
amendment.


General Comments:

Please provide us with your comments on any or all of the key issues addressed
in this policy review.