1 Injury Claim Policy in Plain Language Don Seidlitz Team Leader, Case Management
2 Our Authority - Jurisdiction Section 20 The board has exclusive jurisdiction to examine, hear and determine: (a) whether any condition or death with respect to which compensation is claimed was caused by an injury; (b) whether any injury has arisen out of or in the course of employment;
3 Arising Out of Employment POL 12/ A worker will only have coverage if: a) Their actions at the time of injury are being performed for the purpose of employment, or b) The injury is caused by the conditions of employment.
4 Decision on Merits/Benefit of Doubt Section 23 (1) The board shall make its decisions on the real merits and justice of each case and it is not bound to follow any legal precedent. (2) In making its decisions, the board may have regard to its policy directives. (3) If, in the opinion of the board, the evidence in support of the opposite sides of an issue is approximately equal, the board shall resolve the issue in favour of the worker.
5 Benefit of the Doubt POL 03/2012 Decisions are based on the balance of probabilities, considering the merits and justice of each case. Although a precedent may be helpful, decisions are not bound to follow any legal precedent.
6 Wilful Misconduct of Worker Section 30 If an injury is attributable solely to the serious and wilful misconduct of the worker, no compensation is payable unless that injury results in death or serious functional impairment.
7 Serious and Wilful Misconduct POL 13/2011 Where the worker intentionally injures himself/herself, this will not qualify as an injury Serious and wilful misconduct is a deliberate breach of rule or law, well known to the worker, and enforced. It is a voluntary act with reckless disregard for rule or law, which the worker should have recognized as being likely to result in personal injury.
8 Pre-existing Conditions Section 49 The board shall not reject the claim of a worker or a worker s dependent for compensation or reduce the amount of compensation payable by reason of a pre-existing condition of the worker if the injury materially aggravates or accelerates the pre-existing condition to produce a loss of earnings or death.
9 Pre-Existing Conditions POL 01/2000 Operations staff must determine the answer to a number of questions of medical fact: The extent of the work injury, which is essentially a matter of diagnosis. Whether or not the worker has recovered from the work injury, and Whether and to what extent a pre-existing condition has been aggravated or accelerated by the work injury.
10 Duties of Worker Section 51 A worker shall: a) take all reasonable action to mitigate the worker s loss of earnings resulting from an injury; and b) if the circumstances require, co-operate with the board in the development of a rehabilitation plan that is intended to return the worker to a position of independence in suitable productive employment.
11 Suspension of Benefits POL 07/2014 The WCB will suspend benefits if a client s absence from health care or an Individual Vocational Plan will extend earnings loss.
12 Duty of Employer Section 53 An employer shall co-operate with the board and the worker to achieve the early and safe return of an injured worker to his or her employment.
13 Special Reserve Fund Section 145 If the board considers it appropriate to do so, the board may add to the assessment for any class or for all classes of industries a percentage or amount for the purpose of raising a special reserve fund to be set aside to meet the loss arising from any disaster or other circumstance the liability for which would, in the opinion of the board, unfairly burden the employers in any class.
14 Second Injury and Re-Employment Reserve POL 21/2010 The Reserve will be charged with additional claim costs: Where the period of disability from a work injury is prolonged or the effect of a work injury is enhanced because of a prior or pre-existing condition.
15 Summation We write policy to make it easier for our staff and clients to understand the intent and application of our legislation. Policies guide the decisions we make. Our policy manual is available on our website.
GEORGIA STATE BOARD OF WORKERS COMPENSATION EMPLOYEE HANDBOOK Please be aware that the Workers Compensation Law, Rules and Regulations are subject to change on July 1st of each year. If you have any questions
PENNSYLVANIA WORKERS COMPENSATION GUIDE FIRST EDITION 2008 MISSION STATEMENT Freeburn & Hamilton is committed to providing excellent legal service in the pursuit of the maximum compensation permitted by
EMPLOYMENT RELATIONS DOL 11668 NOV 12 Ministry of Business, Innovation and Employment (MBIE) Hikina Whakatutuki Lifting to make successful MBIE develops and delivers policy, services, advice and regulation
Accommodation at Work Assuring the continued employment of New Brunswickers after a permitted leave or a workplace accident RIGHTS, OBLIGATIONS AND BEST PRACTICES UNDER NEW BRUNSWICK'S - Workers' Compensation
Table of Contents 1. What should I do when the other driver s insurance company contacts me?... 1 2. Who should be paying my medical bills from a car accident injury?... 2 3. What should I do after the
WCB-ALBERTA Handbook Effective January 2015 Your forms & guide to WCB-Alberta injury reporting, benefits and services Working for a safe, healthy, strong Alberta After receiving notice, your employer must
NCAA CATASTROPHIC INJURY INSURANCE PROGRAM FREQUENTLY ASKED QUESTIONS APPLICABLE TO 8/1/12 TO 7/31/13 POLICY PERIOD This document is a summary of the NCAA Catastrophic Injury Insurance Program. The insurance
Questions and Answers about the Federal Employees' Compensation Act (FECA) Double-click here to go to the Table of Contents U. S. Department of Labor Elaine L. Chao, Secretary Employment Standards Administration
Good Decision-Making Guide Good decisions make good sense Introduction Today s community expects that public agencies will operate consistently and fairly and that government at all levels will have systems
OSC Staff Consultation Paper 15-401 Proposed Framework for an OSC Whistleblower Program February 3, 2015 Table of Contents 1. Summary... 1 1.1 Purpose of Consultation... 3 2. Background... 3 2.1 Why Should
ACCIDENT COMPENSATION ACT REVIEW Peter Hanks QC AUGUST 2008 ACCIDENT COMPENSATION ACT REVIEW 1 This guide is designed to provide an overview of the final report of the Review of the Accident Compensation
This book replaces all previous versions of the handbook. ILLINOIS WORKERS COMPENSATION COMMISSION HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL DISEASES HANDBOOK ON WORKERS COMPENSATION AND OCCUPATIONAL
Communicating Internal Control 1843 AU Section 325 Communicating Internal Control Related Matters Identified in an Audit (Supersedes SAS No. 112.) Source: SAS No. 115. Effective for audits of financial
AIM Rules for Companies Introduction 1 Part One AIM Rules 3 Retention and role of a nominated adviser 3 Applicants for AIM 3 Special conditions for certain applicants 4 Principles of disclosure 5 General
Retirement Facts 12 Information About Reemployment for CSRS Annuitants This is a non-technical summary of the laws and regulations on the subject. It should not be relied upon as a sole source of information.
WORKERS COMPENSATION & YOUR RIGHTS 655 Florida Grove Road Mailing Address P.O. Box 760 Woodbridge, NJ 07095 (732) 324-7600 GILL & CHAMAS Raymond A. Gill, Jr.* Peter Chamas* James Pagliuca Michael J. Hanus
Motor Vehicle Collisions: A Victim s Handbook Alabama Edition A summary of legal rights for injury victims and their families Notice of copyright This Publication is protected by all applicable state and
Financial Institutions Environment and Labour A Consumer s Auto Insurance Guide 2nd edition Auto insurance is a mandatory product for all drivers in Nova Scotia. However, understanding this complex product
Presidential Guidance General Case Management The Guidance is issued on the thirteenth day of March 2014 under the provisions of Rule 7 of the first schedule to the Employment Tribunals (Constitution and
COLLEGE OF PHYSICIANS AND SURGEONS OF ONTARIO POLICY STATEMENT #1-06 Decision-making for the End of Life APPROVED BY COUNCIL: REVIEWED AND UPDATED: PUBLICATION DATE: TO BE REVIEWED BY: KEY WORDS: RELATED
Chapter 135. Retirement System for Teachers and State Employees; Social Security; State Health Plan for Teachers and State Employees. Article 1. Retirement System for Teachers and State Employees. 135-1.
EXAMPLE NAME OF PROCUREMENT CONTRACT NUMBER Close of Tenders Tenders close at Time AEST on Date Month Year Invitation to Tender Contract No: XXXX Name of Procurement Tenders are invited from suitably qualified
NSW GOVERNMENT REVIEW OF THE DUST DISEASES CLAIMS RESOLUTION PROCESS Report and Proposed Dust Diseases Tribunal Regulation 2007 ATTORNEY GENERAL'S DEPARTMENT OF NSW & THE CABINET OFFICE Review of the Dust
AIM Rules for Companies May 2014 AIM Rules for Companies Introduction 2 Part One AIM Rules 3 Retention and role of a nominated adviser 3 Applicants for AIM 3 Special conditions for certain applicants 4
Compilation of the Rules of the Mississippi Workers Compensation Commission Title 20: Labor Part 1: Rules of the Mississippi Workers Compensation Commission Part 1 Chapter 1: General Rules Rule 1.1 Meetings.