Discussion Paper - Retirement of Remaining Workers' Compensation Reporter Decisions From Volumes 1-6
The Workers' Compensation Board's ("Board") policy included the policy manuals for each area of the Board's responsibility, and a number of "unretired" decisions in volumes 1 - 6 of the Workers' Compensation Reporter ("Old Reporter Decisions"). These Old Reporter Decisions consisted of decisions of the former Commissioners from 1973 to 1991 on a variety of matters. They were adopted as policy by the former Governors in 1991.
Several years ago, in order to reduce the number of sources of policy, the former Panel of Administrators ("Panel") approved a strategy for consolidating the Old Reporter Decisions into the various policy manuals, as appropriate, and then "retiring" them from policy over time.
"Retire" for this purpose means that, as of the "retirement date", an Old Reporter Decision is no longer current policy. "Retiring" does not affect an Old Reporter Decision's status as policy prior to the date it was "retired". A "retired" Old Reporter Decision therefore applies in decision-making on historical issues to the extent it was applicable prior to the "retirement date". "Retiring" also does not affect the disposition of any individual matters dealt with in an Old Reporter Decision.
The Policy and Regulation Development Bureau ("Bureau") intended to accelerate the process of consolidating and "retiring" the remaining Old Reporter Decisions. Attached as Appendix "A" is a list of the Old Reporter Decisions that had not yet been "retired" at time of consultation (other than the 33 prevention Reporter Decisions).
As the first stage in the "retirement" process, the Panel approved the "retirement" of certain Old Reporter Decisions of a generally historical nature, effective May 1, 2002. An additional 33 Old Reporter Decisions, all related to prevention matters, were the subject of consultation in the previous year and their disposition was to be decided in the coming months. The 29 Old Reporter Decisions on assessment issues were consolidated into the new Assessment Manual, as appropriate, and then "retired" effective January 1, 2003.
The Bureau asked for feedback on which of the remaining Old Reporter Decisions stakeholders used in identifying their rights and responsibilities, how they used each Old Reporter Decision, and the frequency with which they used it.
Stakeholder responses were sought to form part of the consideration in recommending how the remaining Old Reporter Decisions were consolidated into the policy manuals if appropriate, and "retired".
Consultation closed April 25, 2003.