Consultation questions - Notification of Decisions

Consultation questions - Notification of Decisions

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

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

When is a decision made?

The Act provides that the timelines on reconsiderations, reviews and appeals commence on the date the WorkSafeBC 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	Disagree	Neutral	Agree	Strongly Agree
I support the proposed amendment

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	Disagree	Neutral	Agree	Strongly Agree
I support the proposed amendment

What is a 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 WorkSafeBC'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	Disagree	Neutral	Agree	Strongly Agree
I support the proposed amendment

5.	Should notice of review and appeal rights be provided on 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	Disagree	Neutral	Agree	Strongly Agree
I support the proposed amendment

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

7.	Please provide us with your preferred option:

	Status Quo - Policy would not be changed.
	Option 2 - Communicate all decisions either verbally or in writing. Policy would set out that all decisions could be communicated verbally or in writing.
	Option 3 - Communicate decisions primarily in writing. Policy would set out those decisions that would be communicated in writing and a list of those decisions that should be communicated in writing. A decision may be communicated verbally where it is favourable to the worker and is uncontested by the employer.
	Option 4 - Communicate decisions only in writing. Policy would provide that all decisions would be communicated only in writing.

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