Employer engaged in discriminatory action under Workers Comp Act by placing employee on STIIP, reducing income
In Emergency and Health Services Commission v. Wheatley, 2010 BCSC 1769, the BC Supreme Court denied the employer's request to quash a decision of the BC Workers' Compensation Appeal Tribunal ("WCAT").
In the decision (WCAT-2008-03840), which was delivered on December 19, 2008, WCAT found that the Emergency and Health Services Commission (the "Employer") had engaged in discriminatory action under s. 151 of the BC Workers Compensation Act, against one of its employees, Michael Wheatley.
As set out in the court's decision: read more »
Off-duty transit officer entitled to workers' comp benefits for injuries sustained confronting intoxicated driver
The Vancouver Sun published a story today ("Off-duty transit officer wins precedential injury compensation") about a recent BC Workers' Compensation Appeal Tribunal decision in which a transit police officer was awarded workers compensation benefits for injuries he sustained, on a day-off, confronting an intoxicated driver.
The Sun's story was spurred by a news release issued yesterday by the transit police officers' union, the Canadian Office and Professional Employees' Union, Local 378 (COPE 378).
The WCAT decision (WCAT-2010-01816) was issued on June 30, 2010. As noted in the decision, the issue before the panel was "whether or not the worker's multiple soft tissue injuries arose out of and in the course of his employment entitling the worker to compensation under section 5(1) of the Act.". read more »
Section 251 of the BC Workers Compensation Act states that the Workers Compensation Appeal Tribunal ("WCAT") may refuse to apply an applicable policy of the board of directors only if the policy is so patently unreasonable that it is not capable of being supported by the Act and its regulations.
According to an update posted today on the WCAT website, two new section 251 referrals have been forwarded to the chair. The new referrals are with respect to Item #D12-196-6 of the Prevention Manual on Administrative Penalties – Amount of Penalty.
Read more here.
By Order in Council dated March 3, 2009, Jill M. Callan's appointment as of chair of the BC Workers' Compensation Appeal Tribunal was extended until March 3, 2014.
Ms. Callan was appointed chair of WCAT when it came into existence on March 3, 2003. You can read Ms. Callan's bio here.