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Policy decisions finalized at the May 2004 WCB Board of Directors meetings
The following resolutions were finalized by the WCB Board of Directors in May 2004. For information about the function and mandate of the Board of Directors, please see Governing Structure.
- Coverage for Recreational, Exercise or Sports Activities
- Statutory Presumption and Diseases with Long Latency Periods
- Adjudication of Hernia Claims
Coverage for Recreational, Exercise or Sports Activities
At its meeting on May 18, 2004, the Board of Directors approved amendments to policies in the Rehabilitation Services & Claims Manual, Volume II, dealing with coverage for workers injured while engaged in recreational, exercise or sports activities.
The key changes include:
- Amendments to policy item #20.20 (Recreational, Exercise or Sports Activities) to clarify ambiguities and address inconsistencies within the policy. The changes clarify the factors to be considered when determining whether an injury that occurs during such activities may be covered. Policy also refers readers to the list of factors set out in policy item #14.00 for consideration.
- Consequential amendments to policy items #14.00 (Arising out of and in the Course of Employment) and #20.50 (Fund Raising, Charitable Or Other Similar Activities).
- Retirement of Decision No. 343 of the Workers' Compensation Reporter, Volume 5.
The policy amendments take effect on June 1, 2004 and apply to all injuries on or after June 1, 2004.
You may also examine the complete resolution (PDF 105kb).
For further information on this issue, please contact Susan Hynes at
604 276-5160.
On May 18, 2004, the Board of Directors approved amendments to policy item #26.21 of the Rehabilitation Services & Claims Manual, Volumes I and II. This policy item addresses the presumption in section 6(3) of the Workers Compensation Act ("Act") that certain diseases are work-related.
Section 6(3) provides that where a worker employed in a process or industry listed in the second column of Schedule B of the Act contracts the disease listed in the first column, the disease is deemed to be due to the nature of the worker's employment, unless the contrary is proved.
For the presumption of work-relatedness to apply, section 6(3) requires that the worker be employed in the specified industry or process "at or immediately before the date of disablement" from the disease.
Policy item #26.21 explains, in part, how the Workers' Compensation Board determines whether a worker was employed in a specified industry or process immediately before the date of disablement. This policy has been changed to remove statements that expand the meaning of "immediately before" to cover gaps of several years between employment in the specified industry or process and the onset of a disease with a long latency period.
The amendments take effect on June 1, 2004 and apply to all decisions, including appellate decisions, made on or after that date.
You may also examine the complete resolution (PDF 57kb).
For further information on this issue, please contact Susan Furlong at
604 276-5160.
On May 18, 2004, the Board of Directors approved revisions to policy item #15.50, Herniae, of Volume II of the RSCM, effective June 1, 2004. Policy item #15.50 of Volume I of the RSCM has also been slightly revised, in that it directs readers to policy item #15.50 in Volume II, for all decisions, including appellate decisions made on or after June 1, 2004.
Revisions to policy item #15.50 of Volume II include the deletion of an outdated time frame for post-operative wage loss benefits; the extension of general adjudicative principles to all types of hernia claims; and removal of outdated policy for various types of non-inguinal herniae. Adjudicative guidance for post-operative wage loss benefits is to be provided by the Simple Herniorrhaphy Post-Operative Rehabilitation Guidelines. As a result of these changes, the policy has been scientifically updated, with improved clarity and consistency with policies for other types of injuries.
You may also examine the complete resolution (PDF 91kb).
For more information, contact Kristin Helgason at 604 276-5160.