RSCM Volume II 201231 PDF en

REHABILITATION SERVICES & CLAIMS MANUAL
VOLUME II
Published by
WorkSafeBC
Province of British Columbia
Free electronic updates of the Manual are available by subscribing at

https://www.worksafebc.com/en/law-policy/learn-about-law-policy/sign-up-regulation-policy-
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REHABILITATION SERVICES &
CLAIMS MANUAL
EXPLANATION OF HOW TO USE

VOLUME II OF THIS MANUAL
Volume II comprises:
1. A Preface;
2. A Table of Contents;
3. Eighteen chapters;
4. Five appendices.
The Table of Contents is a list of the numbered headings and sub-headings

found in each chapter and states the page where the heading or sub-heading
may be found. A search of the Table of Contents will help you to discover which
parts of the Manual deal with any particular issue with which you are concerned.
The material in the chapters is arranged logically according to subject matter and
not in the same order as matters are dealt with in the Workers Compensation
Act. As it deals with different subjects, the Manual sets out the relevant
provisions of the Act but does not set out the whole of the Act in one place. Each
chapter is divided into headings and sub-headings according to subject matter.
These headings and sub-headings are numbered consecutively for ease of
reference.
Cross-references to other policies in the Manual are given by policy item number
within the text, and can be found in the “CROSS REFERENCES” section at the
end of a policy item.
References to sections of the Workers Compensation Act within the text of a

policy start with the word “section” in lowercase, and do not specifically refer to
the Act, unless necessary for clarification. A reference to a section of any other
statute will specifically name that statute. A reference to a Section in title case
within the text of a policy refers to a Section of a policy item.
The appendices contain various schedules and fines with cross-references to the
main text.
The numbering of pages recommences at 1 at the beginning of each chapter and

appendix. The pages in different chapters are distinguished by placing the
number of the chapter and a hyphen before the page number. For example,
page 3-2 is page 2 of Chapter 3. The pages in each appendix are distinguished
by placing A plus the number of the appendix and a hyphen before the page
number. For instance, page A2-3 is page 3 of Appendix 2.
Replacement pages for Volume II will be issued from time to time.

CLAIMS MANUAL
PREFACE
Section 319 of the Workers Compensation Act provides that the Board of Directors of
the Workers’ Compensation Board must set and revise as necessary the policies of the
Board of Directors, including policies respecting occupational health and safety (or
prevention), compensation, rehabilitation and assessment.
The policies of the Board of Directors consist of:
(a) The statements contained under the heading “Policy” in the

Assessment Manual,
(b) The statements contained under the heading “Policy” in the
Prevention Manual,
(c) The Rehabilitation Services & Claims Manual, Volume I and
Volume II, except statements under the “Background” heading, and
the explanatory material at the end of each Item appearing in the
new manual format,
(d) The Classification and Rate List, as approved annually by the
Board of Directors,
(e) Decisions No. 1 – 423 in Volumes 1 – 6 of the Workers’
Compensation Reporter prior to the date each Decision was retired
from policy status, 1 and
(f) Policy decisions of the former Governors and the former Panel of
Administrators still in effect immediately before February 11, 2003,
as well as amendments to policy in the four policy manuals, any new or replacement
manuals issued by the Board of Directors, any documents published by the Workers’
Compensation Board that are adopted by the Board of Directors as policies of the Board
of Directors, and all decisions of the Board of Directors declared to be policy decisions.
The Manual in which this preface appears (Rehabilitation Services & Claims Manual,
Volume II) contains current Board policy with respect to the rehabilitation and
compensation matters described in Chapter 1 of the Manual. It is used by Board staff in
carrying out their responsibilities under the Workers Compensation Act. As new policy
is developed and approved in this area, the Manual will be updated by issuing
replacement pages.
1 All of Decisions No. 1 – 423 have been retired from policy status. An explanation of “retirement” and
an index of retirement dates are found in APPENDIX 1 to this Manual.
April 6, 2020 Volume II

CLAIMS MANUAL
TABLE OF CONTENTS
CHAPTER 1 – SCOPE OF VOLUME II OF THIS MANUAL
#1.00 INTRODUCTION 1-1

#1.01 Legislative Amendments 1-1
#1.02 Scope of Volume I and Volume II of this
Manual 1-2
#1.03 Scope of Volumes I and II in Relation to
Compensation for Injured Workers 1-3
#1.04 Statute Revision 2019 1-5
#1.10 The Persons Covered by the Act 1-6
#1.20 The Conditions under which Compensation is
Payable 1-6
#1.30 The Type and Amount of Compensation 1-6
#1.40 Charging of Claims Costs 1-7
#2.00 WORKERS' COMPENSATION BOARD 1-7

#2.10 Jurisdiction over Claims Adjudication 1-7
#2.20 Application of the Act and Policies 1-8
CHAPTER 2 – WORKERS AND EMPLOYERS COVERED BY THE ACT
#4.00 EXEMPTIONS AND EXCLUSIONS FROM COVERAGE 2-1
#5.00 COVERAGE OF WORKERS 2-2
#6.00 DEFINITIONS OF “WORKER” AND “EMPLOYER” 2-2

#6.10 Nature of Employment Relationship 2-3
#6.20 Voluntary and Other Workers Who Receive
No Pay 2-3
#7.00 SPECIFIC INCLUSIONS IN DEFINITION OF WORKER 2-3

#7.10 Coverage for Volunteer Firefighters 2-4

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#8.00 ADMISSION OF WORKERS, EMPLOYERS, AND

INDEPENDENT OPERATORS 2-6
#8.10 Federal Government Employees 2-7
CHAPTER 3 – COMPENSATION FOR PERSONAL INJURY
C3-12.00 Personal Injury

C3-12.10 Federal Government Employees
C3-12.20 Commencement and Termination of the Employment Relationship
C3-12.30 Infectious Agent or Disease Exposures
C3-14.00 Arising Out of and in the Course of a Worker’s Employment
C3-14.10 Serious and Wilful Misconduct
C3-14.20 Accident – Section 134(3) Presumption
C3-14.30 Hazards Arising From Nature
C3-15.00 Injuries Following Natural Body Motions at Work
C3-16.00 Pre-Existing Conditions or Diseases
C3-16.10 Pre-Existing Conditions – Specific Injuries
C3-17.00 Deviations from Employment
C3-18.00 Personal Acts
C3-18.10 Clothing and Footwear
C3-19.00 Work-Related Travel
C3-19.10 Worker-Owned Tools and Equipment
C3-20.00 Employer-Provided Facilities
C3-21.00 Extra-Employment Activities
C3-22.00 Compensable Consequences
C3-22.10 Compensable Consequences – Travel
C3-22.20 Compensable Consequences – Pain and Chronic Pain
C3-22.30 Compensable Consequences – Psychological Impairment
C3-22.40 Compensable Consequences – Certain Diseases and Conditions
C3-23.00 Replacement and Repair of Personal Possessions – Section 161(1)

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C3-23.10 Section 161(1)(a) – Artificial Appliances

C3-23.20 Section 161(1)(b) – Eyeglasses, Dentures and Hearing Aids
C3-23.30 Section 161(1) – Wage-Loss Benefits During the Replacement or
Repair Period
C3-24.00 Section 135 – Mental Disorders
C3-24.10 Section 135(2) – Mental Disorder Presumption
CHAPTER 4 – OCCUPATIONAL DISEASE
C4-25.00 Occupational Disease

C4-25.10 Has a Designated or Recognized Occupational Disease
C4-25.20 Establishing Work Causation
C4-25.30 Disabled from Earning Full Wages at Work
C4-26.00 “Date of Injury” For Occupational Disease
C4-27.00 Activity-Related Soft Tissue Disorders (“ASTDs”) of the Limbs
C4-27.10 Establishing Work Causation for ASTDs of the Limbs
C4-27.20 ASTDs Recognized by Inclusion in Schedule 1
C4-27.30 ASTDs Recognized by Regulation
C4-27.40 Non-Specific Symptoms or Unspecified Non-Traumatic Diagnoses
of the Limbs
C4-28.00 Contagious Diseases
C4-29.00 Respiratory Diseases
C4-29.10 Pneumoconioses and Other Specified Diseases of the Lungs
C4-29.20 Presumption Where Death Results from
Ailment or Impairment of Lungs or Heart
C4-30.00 Cancers
C4-31.00 Hearing Loss
C4-32.00 Other Matters
CHAPTER 5 – WAGE-LOSS BENEFITS

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#34.00 TEMPORARY TOTAL DISABILITY COMPENSATION 5-1
#34.10 Meaning of Temporary Total 5-1

#34.11 Selective/Light Employment 5-3
#34.12 Worker in Receipt of Permanent
Disability Benefits 5-5
#34.20 Minimum Amount of Compensation
for Temporary Total Disability 5-5
#34.30 Commencement of Temporary Total
Disability Compensation Payments 5-6
#34.31 Worker Continues to Work After Injury 5-7
#34.32 Strike or Other Lay-Off on Day
Following Injury 5-7
#34.40 Pay Employer Claims 5-8
#34.41 Vacation Pay 5-9
#34.42 Termination Pay 5-9
#34.50 Duration of Wage-Loss Benefits
for Temporary Total Disability Compensation 5-10
#34.51 Other Factors Prevent Return to
Employment 5-10
#34.52 Workers Undergoing Educational or
Training Program 5-12
#34.53 Termination at a Future Date 5-14
#34.54 When is the Worker’s Condition
Stabilized 5-15
#34.55 Subsequent Non-Compensable
Incidents 5-16
#34.60 Payment Procedures for Temporary
Total Disability Wage-Loss Benefits 5-17
#35.00 TEMPORARY PARTIAL DISABILITY COMPENSATION 5-18

#35.10 Meaning of Temporary Partial 5-19

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#35.11 Procedure for Determining Whether

Worker is Temporarily Partially
Disabled 5-19
#35.20 Amount of Compensation for Temporary Partial
Disability 5-21
#35.21 Suitable Occupation for Temporary
Partial Disability Compensation 5-23
#35.22 Calculation of Earnings for Workers
with Two Jobs 5-24
for Temporary Partial Disability 5-25
#35.24 Workers Engaged in Own Business 5-25
#35.30 Duration of Wage-Loss Benefits for
Temporary Partial Disability Compensation 5-26
#35.40 Payment Procedures for Temporary Partial
Disability Wage-Loss Benefits 5-29
CHAPTER 6 – PERMANENT DISABILITY BENEFITS

#36.10 Transitional Provisions for Permanent Disability
Benefits (see Chapter 1, policy item #1.03) 6-1
#36.20 Canada Pension Plan Disability Benefits 6-1
#36.21 Confirmation of CPP Disability
Payments 6-2
#36.22 Determination of the Amount of
a CPP Disability Benefit that is
Attributed to the Compensable Work
Injury 6-3
#36.23 Deduction of Lump Sum Payments of
CPP Disability Benefits 6-4
#36.24 Deduction of CPP Disability Benefits
in Cases of Minimum Compensation 6-4
#37.00 PERMANENT TOTAL DISABILITY BENEFITS 6-4

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#37.10 Commencement of Permanent Total

Disability Benefit Payments 6-5
#37.20 Minimum Amount of Compensation for
Permanent Total Disability 6-6
#37.21 Statutory Minimum Application 6-6
#37.30 Reopening Claims for a Further Period of
Temporary Disability 6-6
#38.00 PERMANENT PARTIAL DISABILITY BENEFITS 6-7
#39.00 SECTION 195(1) ASSESSMENT 6-7

#39.01 Decision-Making Procedure under
Section 195(1) 6-9
#39.02 Chronic Pain 6-10
#39.10 Permanent Disability Evaluation Schedule 6-12
#39.20 Non-Scheduled Rating for Permanent Disability
Benefits 6-14
for Permanent Partial Disability under
Section 195 6-14
#39.31 Injury Prior to January 1, 1965 6-15
#40.00 SECTION 196(3) ASSESSMENT 6-15
#40.01 Decision-Making Procedure under

Section 196(3) 6-17
#40.10 Section 196(3) Assessment Formula 6-18
#40.12 Suitable Occupation 6-19
#40.13 Measurement of Earnings Loss 6-21
#40.14 Provision of Employability
Assessments 6-22
#40.32 Worsening or Improvement of
Disability 6-23
September 1, 2020 Volume II

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#41.00 DURATION OF PERMANENT DISABILITY PERIODIC

PAYMENTS 6-23
#42.00 PAYMENT OF PERMANENT DISABILITY BENEFITS 6-26

#42.10 Commencement of Periodic Payments 6-27
#42.12 Retroactive Permanent
Disability Benefits 6-28
#42.20 Permanent Disability Benefit Adjustments 6-28
#43.00 DISFIGUREMENT 6-29

#43.10 Requirements for Disfigurement Compensation 6-29
#43.20 Amount of Disfigurement Compensation 6-30
#44.00 PROPORTIONATE ENTITLEMENT 6-36
#44.10 Meaning of Already Existing Disability 6-36

#44.20 Wage-Loss Benefits and Health Care Benefits 6-37
#44.30 Permanent Disability Benefits 6-37
#44.31 Application of Proportionate
Entitlement 6-38
#45.00 LUMP SUMS AND COMMUTATIONS 6-39
#45.10 Permanent Disability Periodic Payment

Categories/Lump Sum Payments 6-40
#45.20 Criteria for Allowing or Disallowing a
Commutation 6-41
#45.21 Death of Worker Prior to Payment
under Category A
in Policy Item #45.10 6-43
#45.30 Types of Commutations Permitted 6-43
#45.40 Purpose of Commutations 6-44
#45.41 Paying Off Debts 6-44
#45.42 Investments 6-45
#45.43 Starting a Business 6-45

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#45.44 Education 6-45

#45.45 Buying a Home 6-46
#45.50 Decision-Making Procedures 6-46
#45.60 Amount Paid on Commutations 6-47
#45.61 Calculation of Lump-sum Payment
or Commutation 6-48
#46.00 RECONSIDERATION OF PRESCRIBED COMPENSATION

CLAIMS UNDER SECTION 203 6-48
#46.01 Claims to Which Section 203 Applies 6-48
#46.02 Calculation of Compensation
under Section 203 6-51
#46.03 Maximum and Minimum Periodic
Payments under Section 203 6-53
#46.04 Date when New Periodic Payments
Commence under Section 203 6-54
#46.05 Reapplication under Section 203 6-54
#46.20 Commutations of Reinstated Commutations 6-54
CHAPTER 7 – PROTECTION OF AND DEDUCTIONS FROM BENEFITS

#47.10 Actions by Employers 7-1
#47.11 Agreements to Waive or Forego
Benefits 7-1
#47.20 Contributions from Workers to Employer 7-2
#48.00 ASSIGNMENTS, CHARGES OR ATTACHMENTS OF

COMPENSATION 7-3
#48.10 Solicitors’ Liens 7-3
#48.20 Money Owing by Worker to Other Agencies 7-3
#48.21 Employment Insurance 7-4
#48.22 Social Assistance Payments 7-5

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#48.23 Requirements to Pay 7-6

#48.30 Worker Not Supporting Dependants 7-7
#48.40 Overpayments/Money Owed to the Board 7-7
#48.41 When Does an Overpayment of
Compensation Occur? 7-8
#48.42 Recovery Procedures for
Overpayments 7-9
#48.43 Recovery of Overpayments on
Reopenings or New Claims 7-10
#48.44 Deduction of Overpayments from
Permanent Disability Benefits 7-11
#48.45 Deduction of Overpayments from
Vocational Rehabilitation Payments 7-12
#48.46 Reviews and Appeals on
Overpayments 7-12
#48.47 Waiver of Overpayment Recoveries 7-13
#48.48 Unpaid Assessments 7-13
#48.50 Payment to Surviving Spouse Free from
Debts of Deceased 7-14
#49.00 INCAPACITY OF A WORKER 7-14

#49.10 Worker Receiving Custodial Care in Hospital 7-15
#49.11 Meaning of Custodial Care in
Hospital or Elsewhere in
Section 231(2) 7-16
#49.12 Nature of the Board's Authority under
Section 231(2) 7-16
#49.13 Application of Section 231(2) in
Cases of Temporary Disability 7-17
#49.14 Application of Sections 231(2)
and 231(3) in Cases of Permanent
Disability 7-19

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#49.15 Application of Section 231 on a

Change of Circumstances 7-20
#49.20 Imprisonment of Worker 7-21
#49.30 Payment of Public Guardian and Trustee, and
Committee Fees 7-23
#50.00 INTEREST 7-24
#51.00 COST OF LIVING ADJUSTMENTS TO PERIODIC

PAYMENTS 7-24
#51.20 Dollar Amounts in the Act 7-26
CHAPTER 8 – COMPENSATION ON THE DEATH OF A WORKER
C8-52.00 Introduction
C8-53.00 Meaning of “Dependant” And Presumptions of Dependency
C8-53.10 Meaning of “Spouse”
C8-53.20 Meaning of “Child” or “Children”
C8-53.30 Meaning of “Federal Benefits”
C8-54.00 Funeral and Other Death Expenses
C8-55.00 Lump Sum Payment
C8-56.00 Calculation of Compensation – Dependent Spouse with Children
C8-56.10 Calculation of Compensation – Dependent Spouse with No
Children
C8-56.20 Calculation of Compensation – Spouse Separated from Deceased
Worker
C8-56.30 Calculation of Compensation – Common Law Relationships
C8-56.40 Calculation of Compensation – Children
C8-56.50 Calculation of Compensation – Foster Parents
C8-56.60 Calculation of Compensation – Dependent Parents and Other
Dependants
C8-56.70 Calculation of Compensation – Persons with a Reasonable
Expectation of Pecuniary Benefit

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C8-57.00 Recalculation of Compensation on a Change in Circumstances

C8-58.00 Apportionment of Compensation
C8-59.00 Death of More Than One Worker
C8-60.00 Enemy Warlike Action
C8-61.00 Special or Novel Cases
C8-62.00 Proof of Existence of Dependants
C8-63.00 Death of a Commercial Fisher
CHAPTER 9 – AVERAGE EARNINGS
#65.00 GENERAL RULE FOR DETERMINING SHORT-TERM

AVERAGE EARNINGS 9-2
#65.01 Variable Earnings 9-3
#65.02 Worker with Two Jobs 9-4
#65.03 Fishers 9-5
#65.04 Provisional Rate 9-5
#65.05 Workers Participating in Non-Board
Sponsored Return to Work Programs 9-7
#66.00 GENERAL RULE FOR DETERMINING LONG-TERM
AVERAGE EARNINGS 9-8
#67.00 EXCEPTIONS TO THE GENERAL RULES FOR

DETERMINING AVERAGE EARNINGS 9-9
#67.10 Casual Pattern of Employment 9-10
#67.20 Personal Optional Protection 9-12
#67.30 Workers with No Earnings 9-13
#67.31 Volunteer Workers Admitted by the
Board under Section 5 9-14
#67.32 Volunteer Firefighters 9-14
#67.33 Sisters in Catholic Institutions 9-15
#67.34 Emergency Services Workers 9-16

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#67.40 Apprentice or Learner 9-16

#67.50 Workers Employed with their Employer for
Less than 12 Months 9-19
#67.60 Exceptional Circumstances 9-20
#68.00 COMPOSITION OF AVERAGE EARNINGS 9-23

#68.10 Extraordinary or Irregular Wage Payments 9-23
#68.11 Overtime 9-23
#68.12 Severance or Termination Pay 9-23
#68.13 Salary Increases 9-23
#68.20 Employment Benefits 9-23
#68.21 Benefit Plans 9-23
#68.22 Room and Board 9-24
#68.23 Special Expenses or Allowances 9-25
#68.30 Strike Pay 9-25
#68.40 Employment Insurance Payments 9-26
#68.50 Property Value Losses 9-26
#68.60 Payments in Respect of Equipment 9-26
#68.61 Workers Deducting Business
and/or Equipment Expenses 9-27
#68.62 Fishers 9-29
#68.70 Payments to Substitutes 9-31
#68.80 Government Sponsored Work Programs 9-31
#68.90 Principals – Composition of Earnings 9-32
#69.00 MAXIMUM AMOUNT OF AVERAGE EARNINGS 9-33

#69.10 Deduction of Permanent Disability Periodic
Payments from Wage-Loss Benefits 9-35
#69.11 Permanent Disability Lump Sum
Compensation 9-36
October 29, 2020 Volume II

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#70.00 AVERAGE EARNINGS ON REOPENED CLAIMS 9-37

#70.10 Disability Occurring Within Three Years of Injury 9-37
#70.20 Reopenings Over Three Years 9-38
#71.00 AVERAGE NET EARNINGS 9-43

#71.10 Short-term Average Net Earnings 9-43
#71.20 Long-term Average Net Earnings 9-45
#71.30 Insufficient Information 9-46
#71.40 Adjustments 9-47
CHAPTER 10 – HEALTH CARE
C10-72.00 Introduction
C10-73.00 Direction, Supervision, and Control of Health Care
C10-74.00 Reduction or Suspension of Compensation
C10-75.00 Health Care Accounts – General
C10-75.10 Health Care Accounts – Health Care Provided Out-of-Province
C10-76.00 Physicians and Qualified Practitioners
C10-77.00 Other Recognized Health Care Professionals
C10-78.00 Health Care Facilities
C10-79.00 Health Care Supplies and Equipment
C10-80.00 Potentially Addictive Drugs
C10-81.00 Home and Vehicle Modifications
C10-82.00 Clothing Allowances
C10-83.00 Transportation
C10-83.10 Subsistence Allowances
C10-83.20 Travelling Companions and Visitors
C10-83.30 Date of Injury Transportation
C10-84.00 Additional Benefits for Severely Disabled Workers

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CHAPTER 11 – VOCATIONAL REHABILITATION
C11-85.00 Principles and Goals

C11-86.00 Eligibility Criteria
C11-86.10 Referral Guidelines
C11-87.00 Process
C11-88.00 Nature and Extent of Programs and Services
C11-88.10 Work Assessments
C11-88.20 Work Site and Job Modification
C11-88.30 Job Search Assistance
C11-88.40 Training-on-the-Job
C11-88.50 Formal Training
C11-88.60 Business Start-ups
C11-88.70 Legal Services
C11-88.80 Preventative Rehabilitation
C11-88.90 Relocation
C11-89.00 Employability Assessments -
Temporary Partial Disability and Permanent Partial Disability
C11-89.10 Income Continuity
C11-91.00 Vocational Assistance for Dependent Spouses and Dependants
of Deceased Workers
CHAPTER 12 – CLAIMS PROCEDURES
#93.00 RESPONSIBILITIES OF CLAIMANTS 12-1

#93.10 Report to Employer 12-1
#93.11 Procedure for Reporting 12-2
#93.12 Failure to Report 12-3
#93.20 Application for Compensation 12-3

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#93.21 Time Allowed for Submission

of Application 12-4
#93.22 Application Made Out of Time 12-5
#93.23 Adjudication without an Application 12-8
#93.25 Signature on an Application for
Compensation 12-9
#93.26 Obligation to Provide Information 12-9
#93.30 Medical Treatment and Examination 12-11
#93.40 Working While Receiving Wage-Loss Benefits 12-11
#94.00 RESPONSIBILITIES OF EMPLOYERS 12-11

#94.10 Report to the Board 12-11
#94.11 Form of Report 12-12
#94.12 What Injuries Must Be Reported 12-13
#94.13 Commencement of the Obligation
to Report 12-14
#94.14 Adjudication and Payment without
Employer’s Report 12-14
#94.15 Penalties for Failure to Report 12-15
#94.20 Employer or Supervisor Must Not Attempt
to Prevent Reporting 12-17
#95.00 RESPONSIBILITIES OF PHYSICIANS/QUALIFIED

PRACTITIONERS 12-18
#95.10 Form of Reports 12-19
#95.20 Reports by Specialist 12-19
#95.30 Failure to Report 12-20
#95.31 Payment of Wage-Loss Benefits
without Medical Reports 12-20
#95.40 Obligation to Advise and Assist Worker 12-21
#96.00 THE ADJUDICATION OF COMPENSATION CLAIMS 12-22

#96.10 Policy of the Board of Directors 12-23

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#96.21 Preliminary Determinations 12-25

#96.22 Suspension of Claim 12-27
#96.30 Permanent Disability Benefits
Decision-Making Procedures 12-28
#97.00 EVIDENCE 12-29

#97.10 Evidence Evenly Weighted 12-30
#97.20 Presumptions 12-31
#97.30 Medical Evidence 12-33
#97.31 Matter Requiring Medical Expertise 12-33
#97.32 Statement of Worker about
Own Condition 12-34
#97.33 Statement by Lay Witness on
Medical Question 12-34
#97.34 Conflict of Medical Opinion 12-34
#97.35 Termination of Benefits 12-36
#97.50 Rumours and Hearsay 12-37
#97.60 Lies 12-37
#97.70 Surveillance 12-37
#98.00 INVESTIGATION OF CLAIMS 12-38

#98.10 Powers of the Board 12-38
#98.11 Powers of Officers of the Board 12-39
#98.12 Examination of Books and
Accounts of Employer 12-40
#98.13 Medical Examinations and Opinions 12-41
#98.20 Conduct of Inquiries 12-41
#98.21 Place of Inquiry 12-41
#98.22 Failure of Worker to Appear 12-42
#98.23 Representation 12-42

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#98.24 Presence of Employer 12-42

#98.25 Oaths 12-43
#98.26 Witnesses and Other Evidence 12-43
#98.27 Cross-examination 12-43
#99.00 DISCLOSURE OF INFORMATION 12-44

#99.10 Disclosure of Issues Prior to Adjudication 12-45
#99.20 Notification of Decisions 12-46
#99.22 Procedure for Handling Complaints
or Inquiries About a Decision 12-49
#99.23 Unsolicited Information 12-50
#99.24 Notification of Permanent Disability
Benefits 12-52
#99.30 Disclosure of Claim Files 12-52
#99.31 Eligibility for Disclosure 12-53
#99.32 Provision of Copies of File
Documents 12-53
#99.33 Personal Inspection of Files 12-54
#99.34 Disclosure 12-54
#99.35 Complaints Regarding File Contents 12-55
#99.40 Tape Recordings of Interviews 12-55
#99.50 Disclosure to Public or Private Agencies 12-56
#99.51 Legal Matters 12-56
#99.52 Other Workers Compensation
Boards 12-57
#99.53 Government of Canada 12-57
#99.54 Canada Pension Plan 12-57
#99.55 Ministry of Social Development and
Poverty Reduction 12-58
#99.56 Police 12-58

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#99.57 Government Employees

Compensation Act 12-58
#99.60 Information to Other Board Departments 12-58
#99.70 Media Enquiries or Contacts 12-58
#99.80 Insurance Companies 12-59
#99.90 Disclosure for Research or Statistical
Purposes 12-59
#100.00 REIMBURSEMENT OF EXPENSES 12-60

#100.10 Workers 12-60
#100.12 Claims or Review Inquiries 12-61
#100.13 Amount of Expenses 12-61
#100.14 Worker Resides Outside
British Columbia 12-61
#100.20 Employers 12-62
#100.30 Witnesses and Interpreters 12-62
#100.40 Fees and Expenses of Lawyers and Other
Advocates 12-63
#100.50 Expenses Incurred in Producing Evidence 12-63
#100.60 Decision on Expenses 12-64
#100.70 The Awarding of Costs 12-64
#100.71 Application for Costs by Dependant 12-65
#100.72 What Costs May Be Awarded? 12-66
#100.73 Decisions on Applications for Costs 12-66
#100.75 Implementation of Review or Appeal
Decision Directing Reassessment or
Redetermination 12-66
#100.80 Payment of Claims Pending Appeals 12-67
#100.81 Appeals to the Review Division
– New Claims 12-67
#100.82 Appeals to the Workers’
Compensation Appeal Tribunal –

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CLAIMS MANUAL
TABLE OF CONTENTS
Reopening of Matters Previously Decided 12-68

#100.83 Implementation of Review Division
Decisions 12-68
CHAPTER 13 – REVIEWS AND APPEALS
C13-100.00 General
C13-101.00 Review Division – Practices and Procedures
C13-102.00 Workers’ Compensation Appeal Tribunal
CHAPTER 14 – CHANGING PREVIOUS DECISIONS
C14-101.01 General
C14-102.01 Reopenings
C14-103.01 Reconsiderations
C14-104.01 Fraud and Misrepresentation
CHAPTER 15 – ADVICE AND ASSISTANCE

#109.10 Workers’ Advisers 15-1
#109.20 Employers’ Advisers 15-2
#109.30 Ombudsperson 15-3
CHAPTER 16 – THIRD PARTY/OUT-OF-PROVINCE CLAIMS
#111.00 THIRD PARTY CLAIMS 16-1

#111.10 Injury Caused by Worker or Employer 16-1
#111.11 Employer or Worker Partly at Fault 16-2
#111.20 Injury Not Caused by Worker or Employer 16-3
#111.21 Competence to Make Election 16-3
#111.22 Form of Election 16-4

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#111.23 Election Not to Claim Compensation 16-5
#111.24 Election to Claim Compensation 16-5
#111.25 Pursuing of Subrogated Actions
by the Board 16-6
#111.26 Failure to Recover Damages 16-9
#111.30 Meaning of “Worker” and “Employer” under
Division 3 of Part 3 of the Act 16-9
#112.00 INJURIES OCCURRING OUTSIDE BRITISH COLUMBIA 16-10

#112.10 Worker is Working Outside British Columbia 16-10
#112.11 Meaning of Working in Section 147 16-11
#112.12 Residence and Usual Place of
Employment 16-13
#112.13 The Worker’s Employment Outside
British Columbia 16-14
#112.20 Worker is Working in British Columbia 16-14
#112.30 Workers Also Entitled to Compensation
Outside British Columbia 16-15
#112.31 Occupational Disease 16-16
CHAPTER 17 – CHARGING OF CLAIM COSTS

#113.10 Investigation Costs 17-2
#113.20 Occupational Diseases 17-2
#113.21 Silicosis and Pneumoconiosis 17-4
#113.22 Hearing-Loss Claims 17-4
#113.30 Interjurisdictional Agreements 17-5
#114.00 PROVISIONS RELIEVING CLASS OF COSTS OF CLAIM 17-6

#114.10 Transfer of Costs from One Class to Another 17-6

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CLAIMS MANUAL
TABLE OF CONTENTS
#114.11 The Amount of Compensation

Awarded Must Be Substantial 17-7
#114.12 Serious Breach of Duty of Care of
Another Employer Must Have
Caused or Substantially Contributed
to Injury 17-7
#114.13 Discretion of the Board 17-8
#114.20 Depletion or Extinction of Industries or Classes 17-8
#114.30 Disaster or Other Circumstance that
Unfairly Burdens a Rate Group 17-8
#114.40 Enhancement of Disability by Reason of
Pre-Existing Disease, Condition or Disability 17-9
#114.41 Relationship Between
Sections 146 and 240(1)(d) 17-14
#114.42 Application of Section 240(1)(d) to
Occupational Diseases 17-15
#115.00 PROVISIONS CHARGING INDIVIDUAL EMPLOYERS 17-15

#115.10 Failure to Register as an Employer at the
Time of Injury 17-15
#115.30 Experience Rating Cost Exclusions 17-17
#115.31 Injuries or Aggravations
Occurring in the Course of
Treatment, Surgery, and
Board-related Appointment or
Travel Thereto 17-20
#115.32 Claims Involving a Permanent
Disability and a Fatality 17-21
#115.33 Claims Relating to Subsequent
Non-Compensable Incidents 17-21
#115.34 Experience Rating Exclusions
for Certain Compensable
Consequences 17-22

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TABLE OF CONTENTS
CHAPTER 18 – RETIREMENT BENEFITS
C18-116.00 Establishment of Amounts Set Aside and Contributed

C18-116.10 Payment of Retirement Benefits
C18-116.20 Management of Funds Set Aside and Contributed
C18-116.30 Retirement Services and Personal Supports

xxii
CLAIMS MANUAL
TABLE OF CONTENTS
LIST OF APPENDICES
Page
1 - Index of Retired Decisions from Volumes 1 – 6 A1-1

(Decisions No. 1-423) of the Workers’ Compensation
Reporter
2 - Occupational Diseases Listed in Schedule 1 − A2-1

Item C4-25.10, Section C
3 - Permanent Disability Evaluation Schedule - #39.10 A3-1
4 - Formulae for Recalculating Permanent Disability Benefits A4-1

Under Section 203 – Policy Item #46.02
5 - Maximum Fines for Committing Offences Under the Act A5-1

Part 1 – section 236(1) - #47.20, #74.10, #94.15, #95.30,
#98.12 and #99.00 A5-1

xxiii
CHAPTER 1
SCOPE OF VOLUME II OF THIS MANUAL
#1.00 INTRODUCTION
In 2002, the Workers Compensation Act underwent significant legislative
amendment. This resulted in the restructuring of the Rehabilitation Services &
Claims Manual into two volumes - Volume I and Volume II. This policy sets out
an overview of the legislative changes and explains how readers of this Manual
can determine which volume is applicable to their particular circumstances.
#1.01 Legislative Amendments

(a) Workers Compensation Amendment Act, 2002 (“Amendment Act, 2002”)
The Amendment Act, 2002 is also referred to as “Bill 49”. It primarily

amended the Workers Compensation Act:
 effective June 30, 2002 in relation to compensation for injured workers

(including the calculation of average net earnings, duration of wage-
loss benefits, integration of CPP disability benefits, indexing of
compensation benefits, worker obligations to provide information,
mental stress and permanent disability benefits); and
 effective January 2, 2003 in relation to the establishment of a new

Board of Directors as the governing body of the Workers’
Compensation Board.
(b) Workers Compensation Amendment Act (No. 2), 2002

(“Amendment Act (No. 2), 2002”)
The Amendment Act (No. 2), 2002 is also referred to as “Bill 63”. It
primarily amended the Workers Compensation Act effective
March 3, 2003 in relation to a new review/appeal structure and to the
Board’s authority to reopen matters previously decided or to reconsider
previous decisions.
(c) Skills Development and Labour Statutes Amendments Act, 2003

(“Amendment Act, 2003”)
The Amendment Act, 2003 is also referred to as “Bill 37”. It primarily

amended the Workers Compensation Act:

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 effective June 30, 2002 in relation to compensation payable as the
result of the death of a worker (including the age of dependent
children, the definition and integration of federal benefits and the
calculation of benefits for childless spouses, for separated spouses
and for dependants following the death of more than one worker); and
 effective December 31, 2003 in relation to the indexing of benefits

payable as the result of the death of a worker, a psychologist’s
diagnosis of a worker’s mental stress condition and lay advocates who
provide assistance in workers’ compensation matters.
HISTORY: April 6, 2020 − Housekeeping changes consequential to
implementing the Workers Compensation Act,
R.S.B.C. 2019, c. 1.
#1.02 Scope of Volume I and Volume II of this Manual

The Rehabilitation Services & Claims Manual was restructured into two volumes
to facilitate the implementation of the new compensation policies resulting from
the Amendment Act, 2002. The new policies were incorporated into Volume II,
and the policies in place immediately prior to June 30, 2002 became Volume I.
(For policies in effect prior to the Volume I policies, readers are referred to the
Board’s archives.)
Volume I and Volume II apply to different categories of injured workers and

surviving dependants. Whether the compensation for an injured worker is to be
determined under the Workers Compensation Act, R.S.B.C. 1996, c. 492, as it
read immediately before June 30, 2002, and administered under the
corresponding policies under Volume I, depends on the transitional rules set out
in section 229 of the Act. These are explained in policy item #1.03, below. It is
the responsibility of decision-makers to determine whether Volume I or Volume II
applies to each case before them. In terms of compensation for the surviving
dependants of a deceased worker, the policies in Volume II apply where the
worker’s death occurred on or after June 30, 2002.
Due to the fact that Volume I covers a finite group of injured workers and
surviving dependants, its relevance to the workers’ compensation system will
gradually decrease over time. It is anticipated that there will be very few future
amendments to the policies in Volume I. Any major amendments will be listed,
for convenience, in the Addendum to Chapter 1 in Volume I.
Volume II is used to administer claims for injuries and deaths occurring on or

after June 30, 2002. Its relevance to the workers’ compensation system will
therefore continue over time. Volume II policies will be subject to amendment
from time to time, in the same manner as policies in other policy manuals.
Amendments to policies in Volume II will be archived in the Board’s records and
documented publicly.

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R.S.B.C. 2019, c. 1.
#1.03 Scope of Volumes I and II in Relation to Compensation

for Injured Workers
(a) General
Subject to subsequent amendments, Volume I sets out the law and policies that
were in effect immediately prior to June 30, 2002 in relation to compensation for
injured workers. For convenience, the law and policies in effect immediately prior
to that date, as amended, will be called the “former provisions”.
Volume II sets out the law and policies in effect on or after June 30, 2002, as
they may be amended from time to time, in relation to compensation for injured
workers. For convenience, the law and policy on or after that date, including any
subsequent amendments, will be called the “current provisions”.
Unless otherwise stated, in Volume II of this Manual the “Act” refers to the
Workers Compensation Act, R.S.B.C. 2019, c. 1, which includes amendments
made on or after June 30, 2002. The Interpretation Act, R.S.B.C. 1996, c. 238,
applies to the Act, unless a contrary intention appears in either the
Interpretation Act or the Act.
(b) Amendment Act, 2002 (Bill 49) Transitional Provisions
The following rules apply to determining whether the former provisions (Volume I)
or the current provisions (Volume II) apply in a particular case. These rules are
based on the transitional rules in section 229 of the Workers Compensation Act.
1. The current provisions apply to an injury that occurs on or after

June 30, 2002.
2. Except as noted in rules 3, 4, and 5, the former provisions apply to

an injury that occurred before June 30, 2002.
3. Subject to rule 4 respecting recurrences, if an injury occurred

before June 30, 2002, but the first indication that it is permanently
disabling occurs on or after June 30, 2002, the current provisions
apply to permanent disability benefits with two modifications:
(i) 75% of average earnings (former provisions) is used for

calculating the amount of compensation rather than 90% of
average net earnings (current provisions); and
(ii) no deduction is made for disability benefits under the

Canada Pension Plan (former provisions).

1-3
Under this rule, for an injury that occurred before June 30, 2002, if
the first indication of permanent disability also occurs before
June 30, 2002, permanent disability benefits will be adjudicated
under the former provisions. If the first indication of permanent
disability is on or after June 30, 2002, the permanent disability
benefits will be adjudicated under the current provisions, using the
modified formula described in (i) and (ii) above. The determination
of when permanent disability first occurs will be based on available
medical evidence.
An example of when this rule applies is if a worker, injured before

June 30, 2002, shows no signs of permanent disability before that
date. However, on or after June 30, 2002, the worker has surgery,
which first causes permanent disability. The permanent disability
benefits will be adjudicated under the current provisions, using the
modified formula.
4. If an injury occurred before June 30, 2002, and the disability recurs
on or after June 30, 2002, the current provisions apply to the
recurrence.
This transitional rule applies only to a recurrence of a disability on

or after June 30, 2002. It does not apply to permanent changes in
the nature and degree of a worker’s permanent disability. Where a
worker was entitled to permanent disability benefits before
June 30, 2002 in respect of a compensable injury or disease, the
former provisions apply to any changes in the nature and degree of
the worker’s permanent disability after that date.
For the purposes of this policy, a recurrence includes any claim that
is re-opened for an additional period of temporary disability,
regardless of whether the worker had been entitled to permanent
disability benefits before June 30, 2002. However, where the
worker was entitled to a permanent disability award before
June 30, 2002, the former provisions apply to any changes in the
nature and degree of the worker’s permanent disability following an
additional period of temporary disability.
The following are examples of a recurrence:
 A worker totally recovers from a temporary disability resulting in

the termination of wage-loss benefits. Subsequently, there is a
recurrence of the disability and the claim is re-opened for
compensation.
 A worker is in receipt of permanent partial disability benefits and

the disability subsequently worsens so that the worker is

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temporarily totally disabled. The claim is re-opened to provide
compensation for a new period of temporary disability. The
additional period of temporary disability is a recurrence to which
the current provisions apply. However, a subsequent change in
the nature and degree of the worker’s permanent disability is
adjudicated under the former provisions.
5. Regardless of the date of injury, the current provisions on indexing

apply to compensation paid for an injured worker on or after
June 30, 2002. Indexing of retroactive permanent disability benefits
payable before June 30, 2002 will be based on the former
provisions.
EFFECTIVE DATE: August 1, 2006
R.S.B.C. 2019, c. 1.
August 1, 2006 – Policy amended to clarify that then
section 35.1(8) of the then Act does not apply to permanent
changes in the nature and degree of a worker’s permanent
disability, and that for the purposes of this policy, a recurrence
includes any claim that is reopened for an additional period of
temporary disability, regardless of whether the worker had been
entitled to permanent disability benefits before June 30, 2002.
December 31, 2003 – Amended to reflect consequential changes
to the Act resulting from the Skills Development and Labour
Statutes Amendment Act, 2003 (Bill 37 of 2003).
June 17, 2003 – Reorganized the format and added content to
address the scope of Volumes I and II of the Manual.
October, 16, 2002 – Amended to clarify meaning of “recurrence”
for the purposes of then section 35.1(8) of the Act.
APPLICATION: Amendments to policy item #1.03(b)(4) that took effect on
August 1, 2006 apply to all decisions, including appellate
decisions, made on or after October 16, 2002.
#1.04 Statute Revision 2019

In 2019, pursuant to the Statute Revision Act, R.S.B.C. 1996, c. 440, the
Workers Compensation Act, R.S.B.C. 2019, c. 1 was revised and ordered to
come into effect on April 6, 2020. As a result of the revision, necessary
consequential changes were made to Volume II:
 minor language clarifications, to mirror the Legislature’s intent;
 mirroring the rewritten provisions’ clarity, consistency, and gender-neutral

style; and
 reflecting all the revised section numbers, and reorganization of parts,

divisions, and sections.

1-5
The Statute Revision Act does not authorize legislative counsel to make
substantive changes to the law. As such, a revision does not operate as new law
but has effect and must be interpreted as a consolidation of the law contained in
the Act and provisions replaced by the revision.
AUTHORITY: Section 8 of the Statute Revision Act.
HISTORY: April 6, 2020 – New policy created to explain consequential
revisions to Volumes I and II of the Rehabilitation Services &
Claims Manual required to implement the Workers
Compensation Act, R.S.B.C. 2019, c. 1.
APPLICATION: This policy applies to all decisions, including appellate decisions,
on or after April 6, 2020.
#1.10 The Persons Covered by the Act

Not everyone is entitled to compensation under the Act, even if injured at work.
To qualify for compensation, a person must be a “worker” employed by an
employer covered by the Act. (See Chapter 2.) If a compensable injury or
disease results in the worker’s death, certain of the worker’s relatives are
entitled, but they must usually have been “dependants” during the worker’s
lifetime. (See Chapter 8.)
R.S.B.C. 2019, c. 1.
#1.20 The Conditions under which Compensation is

Payable
Not all injuries or diseases are compensable. The Act prescribes the type of
injuries (see Chapter 3) and diseases (see Chapter 4) and the circumstances in
which they are compensable. (See Chapters 3 and 4.) Thus, for example, in the
case of injuries, compensation is limited to personal injuries arising out of and in
the course of a worker’s employment.
R.S.B.C. 2019, c. 1.
#1.30 The Type and Amount of Compensation

There are a variety of types of compensation provided under the Act:
1. payments to compensate the injured worker for loss of earnings

caused by a temporary disability (see Chapter 5);
2. payments to compensate permanent disability that results from a

worker’s injury, for actual or estimated permanent loss of earnings
(see Chapter 6);

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3. compensation to dependants for loss of support by a deceased
worker (see Chapter 8);
4. health care benefits (see Chapter 10);
5. vocational rehabilitation assistance (see Chapter 11).

R.S.B.C. 2019, c. 1.
#1.40 Charging of Claims Costs

The costs of compensation are normally charged to the employer rate group to
which the worker’s employer belongs. The costs may also affect the employer’s
experience rating. There are special provisions which relieve the rate group
and/or the employer in certain situations. (See Chapter 17.)
R.S.B.C. 2019, c. 1.
#2.00 WORKERS’ COMPENSATION BOARD

Section 316 provides that the Workers’ Compensation Board is a corporation
continued under the Act to administer the provisions of the Act. Section 1 of the
Act defines the word “Board” as the Workers’ Compensation Board. The use of
the word “Board” throughout this Manual means the Workers’ Compensation
Board.
Section 319 of the Act provides that the board of directors must set and revise as
necessary the policies of the board of directors, including policies respecting
occupational health and safety, compensation, rehabilitation and assessment.
Section 320 provides that the board of directors must set and supervise the
direction of the Board.
EFFECTIVE DATE: February 11, 2003
R.S.B.C. 2019, c. 1.
February 11, 2003 – Deleted references to the Appeal Division
and the former Governors.
APPLICATION:
#2.10 Jurisdiction over Claims Adjudication

Section 122(1) of the Act provides that the Board has exclusive jurisdiction to
inquire into, hear and determine all matters and questions of fact and law arising
or required to be determined under the compensation provisions of the Act, and

1-7
the action or decision of the Board on them is final and conclusive and is not
open to question or review in any court. Thus, the Board has sole jurisdiction
over the adjudication of claims for compensation under the Act.
R.S.B.C. 2019, c. 1.
February 11, 2003 – Deleted references to the Appeal Division
and the former Governors.
APPLICATION:
#2.20 Application of the Act and Policies

In making decisions, the Board must take into consideration:
1. the relevant provision or provisions of the Act;

2. the relevant policy or policies in this Manual; and
3. all facts and circumstances relevant to the case.
By considering the relevant provisions of the Act, the relevant policies, and the
relevant facts and circumstances, the Board ensures that:
1. similar cases are adjudicated in a similar manner;

2. each participant in the system is treated fairly; and
3. the decision-making process is consistent and reliable.
Section 339(2) of the Act provides:
The Board must make its decision based on the merits and justice of the
case, but in doing this the Board must apply the policies of the board of
directors that are applicable in that case.
Section 339(2) requires the Board to make all its decisions based on the merits
and justice of the case. In making decisions, the Board must take into account
all relevant facts and circumstances relating to the case before it, including the
worker’s individual circumstances. This is required, among other reasons, in
order to comply with section 339(2) of the Act. In doing so, the Board must
consider the relevant provisions of the Act. If there are specific directions in the
Act that are relevant to those facts and circumstances, the Board is legally bound
to follow them.
Section 339(2) also requires the Board to apply the policies of the Board of
Directors that are applicable to the case before it. The policies reflect the
obligations and discretion delegated to the Board under the Act. Each policy
creates a framework that assists and directs the Board in its decision-making role
when certain facts and circumstances come before it. If such facts and
circumstances arise and there is an applicable policy, the policy must be applied.
Where the Act and policy provide for Board discretion, the Board is also required

1-8
to exercise the discretion based upon the merits and justice of the case, in
accordance with the Act and applicable policy.
All substantive and associated practice components in the policies in this Manual
are applicable under section 339(2) of the Act and must be applied in decision-
making. The term “associated practice components” for this purpose refers to
the steps outlined in the policies that must be taken to determine the substance
of decisions. Without these steps being taken, the substantive decision required
by the Act and policies could not be made.
References to business processes that appear in policies are only applicable

under section 339(2) of the Act in decision-making to the extent that they are
necessary to comply with the rules of natural justice and procedural fairness.
The term “business processes” for this purpose refers to the manner in which the
Board conducts its operations. These business processes are not intrinsic to the
substantive decisions required by the Act and the policies.
If a policy requires the Board to notify an employer, worker, or other workplace

party before making a decision or taking an action, the Board is required to notify
the party if practicable. “If practicable” for this purpose means that the Board will
take all reasonable steps to notify, or communicate with, the party.
This policy item is not intended to comment on the application of practice

directives, guidelines and other documents issued under the authority of the
President/Chief Executive Officer of the Board. The application of those
documents is a matter for the President/Chief Executive Officer to address.
EFFECTIVE DATE: July 1, 2019

R.S.B.C. 2019, c. 1.
July 1, 2019 – Amended to emphasize the obligation of the
Board to base its decisions upon the merits and justice of the
case.
June 1, 2009 – Deleted references to Board officers.
March 3, 2003 – Amended to reflect the obligation of the Board
in decision-making to apply a policy of the Board of Directors that
is applicable to the case before it.
APPLICATION: This policy applies to decisions on or after July 1, 2019.

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CHAPTER 2
WORKERS AND EMPLOYERS

COVERED BY THE ACT
#3.00 INTRODUCTION
The compensation provisions apply to
(a) all employers, in their capacity as employers, in British Columbia,

and
(b) all workers in British Columbia,
other than employers or workers exempted by order of the Board.
The employers and workers who are covered and those who are exempted are
the subject of this chapter.
The Act does not apply to workers of the Federal Government of Canada.
However, by section 4(2) of the Government Employees Compensation Act, an
“employee” who is usually employed in British Columbia is given the same rights
to compensation as workers under the British Columbia Act. The persons
considered “employees” are dealt with in this chapter.
R.S.B.C. 2019, c. 1.
#4.00 EXEMPTIONS AND EXCLUSIONS FROM COVERAGE

The criteria for the exemption of employers or workers may be found in policy in
Item AP1-4-1 of the Assessment Manual along with general exemptions which
are described in detail. The policy in Item AP1-4-1 also recognizes that some
workers and employers are excluded from coverage under the Act as a matter of
constitutional law or because they have no attachment to British Columbia
industry.
R.S.B.C. 2019, c. 1.
February 11, 2003 – Policy revised as to deletion of references
to the former Governors.
APPLICATION:

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#5.00 COVERAGE OF WORKERS
It is a well established principle of workers’ compensation that where an
employer comes within the scope of the Act, all workers of that employer are
covered for compensation. The coverage is not limited to those engaged in the
manual part of the operation. Thus, in a wholesale establishment, for example,
workers’ compensation coverage extends to clerical and bookkeeping staff, and
to corporate presidents, as well as those engaged in the receiving, handling,
storage and transmission of goods. All of these functions are part of wholesaling.
This position is not changed where an employer divides up the manual and
clerical parts of its operation and attaches a separate corporate identity to each.
Nor does it depend on whether the clerical and manual staff are employed by
affiliated corporations. The result would be the same if there were no corporate
affiliation.
A worker’s claim is not prejudiced by the fact that the employer has not complied
with the obligation to register with the Board. This is subject to the principles set
out in the policy in Item AP1-1-4 of the Assessment Manual.
EFFECTIVE DATE: March 18, 2003
R.S.B.C. 2019, c. 1.
March 18, 2003 – Policy revised as to numerical reference to the
policy in the Assessment Manual.
APPLICATION:
#6.00 DEFINITIONS OF “WORKER” AND “EMPLOYER”

The basic definitions of “worker” and “employer” in section 1 of the Act are as
follows:
“Employer” includes every person having in their service under a contract

of hiring or apprenticeship, whether the contract is written or oral, express
or implied, a person engaged in work in or about an industry;
“Worker” includes the following:
(a) a person who has entered into or works under a contract of service or
apprenticeship, whether the contract is written or oral, express or implied,
and whether by way of manual labour or otherwise;
Detailed discussions concerning the definitions of worker and employer may be

found in the policies in Items AP1-1-1, AP1-1-4 and AP1-1-5 of the Assessment
Manual.

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R.S.B.C. 2019, c. 1.
APPLICATION:
#6.10 Nature of Employment Relationship

Where a person contracts with another to provide labour in an industry covered
by the Act, the Board considers that the contract may create one of three types of
relationship. The persons doing the work may be independent firms, labour
contractors, or workers. Very detailed registration rules concerning independent
firms, labour contractors, and workers are outlined in the policies in
Items AP1-1-2, AP1-1-3, AP1-1-5 and AP1-1-7 of the Assessment Manual.
R.S.B.C. 2019, c. 1.
March 18, 2003 – Policy revised as to numerical references to the
APPLICATION:
#6.20 Voluntary and Other Workers Who Receive No Pay

Usually a “worker” is paid. Therefore, it is not surprising that voluntary or other
workers receiving no payment for their work are not generally considered
workers under the Act. On the other hand, some workers of this type are
expressly included within the scope of the Act, and the Board is given express
power to admit others at its discretion. Furthermore, the receipt of some sort of
payment by such workers may lead to their being workers under the Act. Further
information about volunteers can be found in the policies in Items AP1-1-5 and
AP1-5/6/7-1 of the Assessment Manual.
R.S.B.C. 2019, c. 1.
APPLICATION:
#7.00 SPECIFIC INCLUSIONS IN DEFINITION OF WORKER

Section 1 includes within the Act’s basic definition of “worker” certain classes of
people who might otherwise not be covered. Those classes of people are

2-3
discussed in detail in the policies in Items AP1-1-1, AP1-1-3, AP1-1-5, AP1-1-7
and AP8-336-1 of the Assessment Manual.
R.S.B.C. 2019, c. 1.
March 18, 2003 – Policy revised as to numerical references to the
APPLICATION:
#7.10 Coverage for Volunteer Firefighters

Volunteer firefighters are given coverage by the definitions of “firefighter” and
“worker” under section 1 of the Act.
A volunteer firefighter may also include an individual at the scene of a fire, who is
requested to assist by the Fire Chief, or authorized designate, and whose name
is recorded. Only those individuals under the direction and control of the Fire
Chief or authorized designate are covered.
A volunteer firefighter may be entitled to compensation for injuries, mental

disorders, or death arising out of and in the course of the activities of the fire
department.
A. Travel
Volunteer firefighters are not covered for injuries, mental disorders, or death
which occur while routinely commuting to and from the fire department.
A volunteer firefighter’s travel may be considered part of the activities of the fire
department when:
 in response to an emergency call out, the volunteer firefighter is directed

by the Fire Chief or authorized designate, to travel to the fire hall, a fire or
other site of emergency; and
 while returning to the volunteer’s home or regular job after attending to the
emergency duties, via the most direct route without departure for personal
reasons.
If the volunteer firefighter’s injury, mental disorder, or death results primarily from
the activity associated with the urgency of the preparation for travel, it may be
considered to arise out of and in the course of the activities of the fire
department, and therefore be compensable. This is an exception to the general
rule that workers who are employed to travel are considered to be in the course
of the employment only from the time the worker commences travel on the public
roadway.

2-4
B. Emergency Response Duties
In addition to fighting fires, a volunteer firefighter’s duties may also include

responding to various emergency situations such as:
 facilitating evacuations;
 performing rescues;
 controlling hazardous substances;
 providing traffic control;
 disaster planning/response; and
 other related duties assigned by the Fire Chief or designate.
C. Participation in Practices and Drills
An injury, mental disorder, or death that occurs during a volunteer firefighter’s

participation in practices or drills may be considered to arise out of and in the
course of the activities of the fire department, if participation was undertaken at
the direction of the Fire Chief or authorized designate, regardless of whether the
practice or drill takes place at the fire hall or some off-site location.
Practices include training sessions that involve the teaching of vocational or

practical skills specifically related to those used within the fire department, such
as live firefighter training.
D. Other Employment Activities
i. Maintenance Duties

maintenance of the building or equipment within the environs of the fire hall may
be considered to arise out of and in the course of the activities of the fire
department, where the volunteer firefighter is authorized and under the direct
supervision and control of the Fire Chief or authorized designate.
ii. Public Relations Activities

participation in public relations activities may be considered to arise out of and in
the course of the activities of the fire department.
Public relations activities may include participation in recruitment, charity drives

and safety education.
Factors that may weigh in favour of coverage for injuries or death that occur
during a volunteer firefighter’s participation in public relations activities, include
whether the participation:

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 is for the benefit of the fire department;
 was undertaken at the direction of the Fire Chief or authorized designate;
 involved using equipment supplied by the fire department;
 was during a time when the fire department was operational; or
 was considered to be part of the volunteer firefighter’s duties.
No single factor is determinative. The more tenuous the connection to the

activities of the fire department, the less these factors favour coverage.
EFFECTIVE DATE: October 1, 2007
AUTHORITY: Sections 1 and 4 of the Act.
CROSS-REFERENCE: Item C3-14.00, Arising Out of and in the Course of a Worker’s
Employment;
Item C3-19.00, Work-Related Travel;
Item C3-21.00, Extra-Employment Activities;
Item C3-24.00, Section 135 – Mental Disorders;
Item C3-24.10, Section 135(2) – Mental Disorder Presumption;
Item C4-25.20, Establishing Work Causation
(Section A. Schedule 1 Presumption and Section B. Additional
Presumptions in the Workers Compensation Act).
R.S.B.C. 2019, c. 1.
May 16, 2019 − the Workers Compensation Amendment Act,
2019 (Bill 18 of 2019) added a definition of “firefighter” to
section 1 of the Act and amended the definition of “worker”.
October 1, 2007 − this policy was amended to provide
clarification on coverage for volunteer firefighters.
APPLICATION: Applies to all injuries on or after October 1, 2007.
#8.00 ADMISSION OF WORKERS, EMPLOYERS, AND

INDEPENDENT OPERATORS
The Act contains powers to admit workers, employers and independent
operators.
A discussion of the situations where coverage may be extended under

sections 4, 5, 6 and 7 of the Act is found in the policies in Items AP1-1-6,
AP1-4-2, AP1-4-3 and AP1-5/6/7-1 of the Assessment Manual.
R.S.B.C. 2019, c. 1.
APPLICATION:

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#8.10 Federal Government Employees
The Government Employees Compensation Act grants “employees” of the
Federal Government usually employed in the province the same rights to
compensation as non-Federal employees. The definition of “employee” is given
in section 2 of the Government Employees Compensation Act, and takes the
form of five alternative definitions which are as follows:
“(a) any person in the service of Her Majesty who is paid a direct
wage or salary by or on behalf of Her Majesty,
(b) any member, officer or employee of any department,

corporation or other body that is established to perform a
function or duty on the Government of Canada’s behalf who
is declared by the Minister with the approval of the Governor
in Council to be an employee for the purposes of this Act,
(c) any person who, for the purpose of obtaining employment in

any department, corporation or other body that is established
to perform a function or duty on the Government of Canada’s
behalf, is taking a training course that is approved by the
Minister for that person,
(d) any person who is employed by any department, corporation

or other body that is established to perform a function or duty
on the Government of Canada’s behalf, who is on leave of
absence without pay and, for the purpose of increasing the
skills used in the performance of their duties, is taking a
training course that is approved by the Minister for that
purpose, and
(e) any officer or employee of the Senate, House of Commons,

Library of Parliament, office of the Senate Ethics Officer,
office of the Conflict of Interest and Ethics Commissioner,
Parliamentary Protective Service or office of the
Parliamentary Budget Officer;”.
This definition is wide enough to cover most Federal employees, whether

employed directly by the Government or by some statutory body. For example, it
covers post office workers. The definition also includes certain persons taking
training courses relating to their employment with the Government.
Any person appointed by authority of the Chief Electoral Officer and the Canada
Election Act to prepare for and hold a Federal election is considered as an
employee of the Federal Government for the purposes of the Government
Employees Compensation Act. This definition includes Returning Officers,

2-7
Election Clerks, Enumerators, Stenographers, Typists, Poll Clerks and a
Constable.
Effective November 10, 1976, employees of the Bank of Canada are considered
employees under the Government Employees Compensation Act.
R.S.B.C. 2019, c. 1.

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CLAIMS MANUAL
RE: Personal Injury ITEM: C3-12.00
BACKGROUND
1. Explanatory Notes
This policy defines “personal injury”, distinguishing it from occupational disease.
2. The Act
Section 134(1):
If, in an industry within the scope of the compensation provisions, personal

injury or death arising out of and in the course of a worker’s employment is
caused to the worker, compensation as provided under this Part must be paid
by the Board out of the accident fund.
POLICY
Compensation is paid where a personal injury or death arising out of and in the
course of a worker’s employment is caused to the worker.
A. Definition of Personal Injury
“Personal injury” is defined as any physiological change resulting from some cause.
It may result from a specific incident or a series of incidents occurring over a period
of time.
Personal injury is not confined to injuries which are readily and objectively verifiable
by their outward signs, e.g., breaks in the skin, swelling, discolouration, deformity,
etc. It includes, for example:
 strains and sprains;
 damage to dental crowns and fixed bridgework, as they are regarded as

parts of the anatomy, rather than as artificial appliances or dentures.
For this reason, such claims are adjudicated under section 134(1)
rather than under section 161(1);
 psychological impairment. Conditions of this type may be a compensable

consequence of an accepted personal injury or occupational disease (see
Item C3-22.30); and

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 aggravations of a pre-existing non-compensable disease that are

attributable to a specific event or trauma, or to a series of specific events
or traumas (see Section C. of Item C4-25.20).
Apart from personal injury, the Board is authorized:
(1) by section 135, to compensate a worker for a mental disorder that

does not result from an injury for which the worker is otherwise entitled
to compensation, (see Items C3-24.00 and C3-24.10);
(2) by section 136, to compensate a worker for an occupational disease,

(see Chapter 4); and
(3) by section 161(1), to replace or repair workers’ artificial appliances,

eyeglasses, dentures and hearing aids damaged or broken at work.
(See Item C3-23.00).
B. Non-Occurrence of a Specific Incident
As noted above, it is not a bar to compensation if an injury results from a series of

incidents occurring over a period of time rather than from a specific incident. To be
compensable as an injury, however, the evidence must warrant a conclusion that
there was something in the employment that had causative significance in producing
the injury. A speculative possibility that this might be so is not enough.
This does not mean that the presence or absence of a specific incident is never
relevant in the decision of a claim for compensation. The etiology of a disabling
condition is always relevant, and the presence or absence of a specific incident may
have some evidentiary value in establishing whether it was employment-related. As
well, there are some disabilities that are classified as resulting from an “injury” if they
result from a specific incident, but are classified as resulting from a “disease” if they
result from a series of incidents occurring over a period of time. The absence of a
specific incident may mean that the worker has a disease rather than a personal
injury.
C. Distinction Between an Injury and Disease
It is important to distinguish between an injury and a disease, because the Act

creates different criteria to be met before compensation is provided for each.
Compensation for occupational disease is discussed in Chapter 4.
The following are examples of personal injuries:
1. Wounds.
2. Fractures.
3. Concussions.

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4. Physiological changes caused by explosion.

5. Sprains and strains.
6. Damaged cartilage or ligaments.
7. Dislocation of the bones at a joint.
8. Burns caused by a single incident of a chemical spilled on the skin.
The following are examples of diseases:
1. A disability caused by the gradual absorption of a chemical through the

skin, by inhalation, or otherwise.
2. Cancer.
3. Respiratory disease such as asbestosis.
4. Contagious disease such as tuberculosis.
The following are examples of physiological changes that can be classified as either
an injury or a disease, depending on the circumstances:
1. Infections. An infection incidental to a compensable injury is treated as

part of the injury, otherwise it is classified as a disease.
2. Hearing loss. Hearing loss that results from an explosion is classified

as an injury. Hearing loss that results from exposure to noise over a
period of time or by infection is classified as a disease.
3. Disablement from Vibrations
a) Instant disablement of a worker that results from vibrations of a

traumatic nature, such as an explosion, is classified as an injury.
b) Instant disablement of a worker, for example some sudden

breakdown in the worker’s system, that results from exposure to
vibrations over a period of time, is classified as an injury.
c) A gradual deterioration in a worker’s condition that results from

exposure to vibrations over a period of time is classified as a
disease.
4. Heart Conditions
a) Physiological changes of the heart attributed to a specific event or

cause, or to a series of specific events or causes are classified as
injuries.

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b) Physiological changes of the heart involving a gradual onset and

not attributed to a specific event or cause, or to a series of specific
events or causes, are classified as diseases.

AUTHORITY: Section 134(1) of the Act.
CROSS REFERENCES: Item C3-22.30, Compensable Consequences – Psychological
Impairment;
Item C3-23.00, Replacement and Repair of Personal Possessions –
Section 161(1);
Item C3-24.00, Section 135 – Mental Disorders;
Item C3-24.10, Section 135(2) – Mental Disorder Presumption;
Chapter 4, Occupational Disease;
Item C4-25.10, Has a Designated or Recognized Occupational
Disease, of the Rehabilitation Services & Claims Manual, Volume II.
Schedule 1 of the Act.
implementing the Workers Compensation Act, R.S.B.C. 2019, c. 1.
This policy resulted from the consolidation of former policy
items #12.00, #13.00, #13.10, #13.12, #13.20, and #14.20 of the
Rehabilitation Services & Claims Manual, Volume II.
APPLICATION: This item applies to all claims for injuries occurring on or after
July 1, 2010.
May 2020 Volume II

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RE: Federal Government Employees ITEM: C3-12.10
BACKGROUND
This policy outlines the test for entitlement to compensation for personal injury or death
of federal government employees working in British Columbia.
2. The Act
Section 134(1):
If, in an industry within the scope of the compensation provisions, personal injury
or death arising out of and in the course of a worker’s employment is caused to
the worker, compensation as provided under this Part must be paid by the Board
out of the accident fund.
Section 336:
The Board may exercise any power or duty conferred or imposed on it by or

under a statute of Canada or agreement between Canada and British Columbia.
3. Government Employees Compensation Act
Section 3:
(1) This Act does not apply to any person who is a member of the
regular force of the Canadian Forces or of the Royal Canadian
Mounted Police.
(2) This Act applies in respect of an accident occurring or a disease

contracted within or outside Canada.
Section 4, in part:
(1) Subject to this Act, compensation shall be paid to
(a) an employee who
(i) is caused personal injury by an accident arising out of

and in the course of his employment, or

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(ii) is disabled by reason of an industrial disease due to the
nature of the employment; and
(b) the dependants of an employee whose death results from

such an accident or industrial disease.
(2) The employee or the dependants referred to in subsection (1) are,

notwithstanding the nature or class of the employment, entitled to
receive compensation at the same rate and under the same
conditions as are provided under the law of the province where the
employee is usually employed respecting compensation for workmen
and the dependants of deceased workmen, employed by persons
other than Her Majesty, who
(a) are caused personal injuries in that province by accidents

arising out of and in the course of their employment; or
(b) are disabled in that province by reason of industrial diseases

due to the nature of their employment.
(3) Compensation under subsection (1) shall be determined by
(a) the same board, officers or authority as is or are established

by the law of the province for determining compensation for
workmen and dependants of deceased workmen employed by
persons other than Her Majesty; or
(b) such other board, officers or authority, or such court, as the

Governor in Council may direct.
...
Section 5:
(1) Where an employee is usually employed in Yukon or the Northwest

Territories, the employee shall for the purposes of this Act be
deemed to be usually employed in the Province of Alberta.
(2) Where an employee is usually employed in Nunavut, the employee

shall for the purposes of this Act be deemed to be usually employed
in the Province of Alberta.

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Section 6:
Where an employee, other than a person locally engaged outside Canada,

is usually employed outside Canada, the employee shall for the purposes of
this Act be deemed to be usually employed in the Province of Ontario.
POLICY
Compensation for personal injury or death arising out of and in the course of the
employment of federal government employees is addressed in the Government
Employees Compensation Act (“GECA”).
The employees covered by the GECA are also discussed in policy item #8.10.
The phrase “by an accident” in section 4(1) of the GECA does not require that there be
a clearly ascertainable incident or series of incidents which caused the injury. Injuries
that arise gradually over time or “by process” are not excluded by this subsection. The
injury itself can be the “accident” for the purpose of section 4 of the GECA. Thus, the
test for entitlement of federal employees in British Columbia under section 4(1) of the
GECA is, in effect, the same as the test for entitlement for other workers in British
Columbia under section 134(1) of the British Columbia Act.
Section 4(2) of the GECA provides that notwithstanding the nature or class of their
employment, federal government employees, or their dependants, are entitled to
receive compensation at the same rate and under the same conditions as are provided
under the law of the province where the employee is usually employed. A federal
government employee will be considered to be “usually employed” in British Columbia
where appointed or engaged to work in British Columbia. In accordance with the
GECA, federal government employees considered to be “usually employed” somewhere
other than in British Columbia will not be covered by the British Columbia Act.
Section 3(2) of the GECA provides that the GECA applies to an accident occurring or a
disease contracted within or outside Canada.

CROSS REFERENCES: Policy item #8.10, Federal Government Employees, of the Rehabilitation
Services & Claims Manual, Volume II.
HISTORY: April 6, 2020 − Housekeeping changes consequential to implementing
the Workers Compensation Act, R.S.B.C. 2019, c. 1.
The interpretation that the test for entitlement under section 4(1) of the
GECA is equivalent to the test for entitlement under section 134(1) of the
Act is based on Appeal Division Decision No. 92-0743.

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July 1, 2010.

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RE: Commencement and Termination ITEM: C3-12.20

of the Employment Relationship
BACKGROUND
This policy provides guidance as to when the employment relationship commences and
terminates for the purposes of determining whether a personal injury or death arises out
of and in the course of a worker’s employment.
2. The Act
Section 134(1):

caused to the worker, compensation as provided under this Part must be
paid by the Board out of the accident fund.
POLICY
The commencement and termination of an employment relationship for compensation

purposes is not limited to the commencement or termination of a contract of service. A
decision is made whether, having regard to the substance of the matter, an employment
relationship had commenced or terminated for compensation purposes.
A person offering services to an employer will often be told to come back at a certain
time in the future when work might be available. A person may also be promised a
specific job but the commencement date may be specified some weeks or months
ahead. Such persons would not normally become workers under the Act until they
actually returned to the employer’s premises at the future date for the commencement
of work.
The fact that a worker has not commenced productive work is not a bar to
compensation. For example, if an injury takes place while entering the employer’s
premises on the way to the first day of work, coverage may be extended before the
necessary hiring formalities are complete or productive work commences.
Similarly, an employment relationship does not automatically terminate for

compensation purposes when a contract of service is terminated by notice. Workers

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may be eligible for compensation coverage for a reasonable period while winding up
their affairs and leaving the employer’s premises.

CROSS REFERENCES: Item C3-19.00, Work-Related Travel (Section B. Journeys to a Remote
Worksite), of the Rehabilitation Services & Claims Manual, Volume II.
This policy replaced policy items #17A.10 and #17A.20, of the
July 1, 2010.

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RE: Infectious Agent or Disease Exposures ITEM: C3-12.30
BACKGROUND
This policy provides guidance for determining a worker’s entitlement to compensation

following exposure to an infectious agent or disease.
2. The Act
Section 134(1):

POLICY
A worker may be entitled to compensation in respect of an infectious agent or disease

exposure where the exposure:
(a) occurs as a compensable consequence of a personal injury (e.g., where a

rabid dog bites a veterinarian, breaking the veterinarian’s skin, the
exposure to rabies is a compensable consequence of the broken skin);
(b) has caused the onset of an occupational disease; or
(c) is accepted as compensable itself, in the absence of an objectively

identifiable physical trauma, before conclusive evidence of the worker’s
infectious status is available (e.g., where exposure to an infectious
disease with a long incubation period, such as HIV/AIDS or Hepatitis B,
occurs as a result of infected bodily fluid splashing onto a worker’s
mucous membrane or non-intact skin).
An exposure, as described in (c) above, may be accepted as compensable itself, where

the following four conditions are satisfied:
(i) there is objective evidence that the worker was exposed, or was very likely
to have been exposed, to an infectious agent or disease;

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(ii) the exposure arises out of and in the course of the worker’s employment;
(iii) there is a moderate to high risk that, based on the mechanism and amount
of exposure that occurred, the exposure will result in the worker
developing a disease with health consequences that are so serious it may
be life-threatening; and
(iv) the effects of the exposure can be significantly mitigated or prevented by

the immediate provision of post-exposure prophylaxis (“PEP”).
Medical evidence is required to assess the degree of risk and necessity of PEP on a
case-by-case basis.
For example, a compensable exposure may result where a patient’s blood splashes into
the eyes of an attending nurse. If there is objective evidence that the nurse was
exposed to an infectious disease such as HIV (e.g., if the patient is known to be HIV-
positive), and if a physician concludes there is a moderate to high risk the nurse will
develop HIV, a potentially life-threatening disease which cannot be immediately
detected following exposure, and if PEP will mitigate or prevent the onset of HIV, the
exposure can be accepted as compensable.
If a worker has an adverse reaction to PEP or develops a disease following a

compensable exposure, entitlement in respect of the resultant injury, increased
disablement, disease or death is adjudicated in accordance with Board policies on
compensable consequences of employment-related injuries.
No compensation is payable to a worker who withdraws from work or changes

employment because of concern that exposure to the conditions at work may cause an
injury or disease which does not yet exist.
Wage-loss benefits are not payable to a worker who remains off work or who changes
employment to prevent a reoccurrence of a personal injury or occupational disease that
has resolved, or to prevent an aggravation, activation, or acceleration of a personal
injury or occupational disease which has stabilized or plateaued. However, vocational
rehabilitation assistance may be provided to a worker in this situation. Where the
worker is left with a permanent impairment, the worker may be entitled to permanent
disability benefits.

CROSS REFERENCES: Item C3-16.10, Pre-Existing Conditions – Specific Injuries;
Item C3-22.00, Compensable Consequences;
Item C4-25.00, Occupational Disease;

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Policy item #35.30, Duration of Wage-Loss Benefits for Temporary
Partial Disability Compensation;
Item C11-88.80, Vocational Rehabilitation – Preventative Rehabilitation,
of the Rehabilitation Services & Claims Manual, Volume II.
HISTORY: October 21, 2020 − Housekeeping amendments to the Cross-
References to update policy title.
April 6, 2020 − Housekeeping changes consequential to implementing
This policy replaced former policy item #13.40 effective January 1, 2009
by putting it into the new policy format.
Policy item #13.40 was created and brought into effect on
October 1, 2007 to replace former policy item #32.60 of the
APPLICATION: To all infectious agent or disease exposures occurring on or after
October 1, 2007.

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CLAIMS MANUAL
RE: Arising Out of and ITEM: C3-14.00

In the Course of a Worker’s Employment
BACKGROUND
This is the principal policy of this Chapter and sets out the decision-making principles
for determining a worker’s entitlement to compensation for personal injury or death
under the Act.
2. The Act
Section 134(1):
Section 339(3):
If the Board is making a decision respecting the compensation or rehabilitation of

a worker and the evidence supporting different findings on an issue is evenly
weighted in that case, the Board must resolve that issue in a manner that favours
the worker.
POLICY
The test for determining if a worker’s personal injury or death is compensable, is

whether it arises out of and in the course of the worker’s employment. The two
components of this test of employment connection are discussed below.
In applying the test of employment connection, it is important to note that employment is

a broader concept than work and includes more than just productive work activity. An
injury or death that occurs outside a worker’s productive work activities may still arise
out of and in the course of the worker’s employment.

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A. Meaning of “Arising Out of a Worker’s Employment”
“Arising out of a worker’s employment” generally refers to the cause of the injury or
death. In considering causation, the focus is on whether the worker’s employment was
of causative significance in the occurrence of the injury or death.
Both employment and non-employment factors may contribute to the injury or death.
The employment factors need not be the sole cause. However, in order for the injury or
death to be compensable, the employment has to be of causative significance, which
means more than a trivial or insignificant aspect of the injury or death.
B. Meaning of “In the Course of a Worker’s Employment”
“In the course of a worker’s employment” generally refers to whether the injury or death
happened at a time and place and during an activity consistent with, and reasonably
incidental to, the obligations and expectations of the worker’s employment. Time and
place are not strictly limited to the normal hours of work or the employer’s premises.
C. Evidence
The Board considers both medical and non-medical evidence to determine whether a
worker’s injury or death arises out of and in the course of the worker’s employment.
For decisions respecting the compensation or rehabilitation of a worker, the standard of

proof under section 339(3) of the Act, is “at least as likely as not.” If the evidence
supporting different findings on an issue is evenly weighted, the issue is resolved in a
manner that favours the worker.
This standard of proof is different than medical or scientific standards of certainty.

Therefore, the presence or absence of expert evidence supporting or opposing a causal
link is relevant and will generally be given weight by the Board, but it is not
determinative of causation; causation can be inferred from other evidence. In every
case, the Board decides whether the evidence supports a finding of causation based on
a weighing of the evidence.
i. Medical
When reviewing medical evidence, the Board considers whether:
• there is a physiological association between the injury or death and the

employment activity, including whether the activity was of sufficient
degree and/or duration to be of causative significance in the injury or
death;
• there is a temporal relationship between the work activity and the injury
or death; and

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• any non-work related medical conditions were a factor in the resulting

injury or death.
The Board also considers any other relevant medical evidence to assist in
determining whether a worker’s injury or death arises out of and in the course of
the worker’s employment.
ii. Non-Medical
In addition to medical evidence, the Board considers the factors described below. All of
the factors listed may be considered in making a decision, but no one of them may be
used as an exclusive test for deciding whether an injury or death arises out of and in the
course of the worker’s employment. This list is by no means exhaustive, and relevant
factors not listed in policy may also be considered.
Other policies in this Chapter may provide further guidance as to whether the
injury or death arises out of and in the course of the worker’s employment in
particular situations.
1. On Employer’s Premises
Did the injury or death occur on the employer’s premises? If so, this factor favours
coverage.
An employer’s premises includes any land or buildings owned, leased, rented, or

controlled (solely or shared) for the purpose of carrying out the employer’s business.
An employer’s premises may also include:
• captive roads (see Item C3-19.00); and

• employer-provided facilities (see Item C3-20.00).
2. For Employer’s Benefit
Did the injury or death occur while the worker was doing something for the benefit of the
employer’s business? If the worker is in the process of doing something for the benefit
of the business generally or the employer personally, this factor favours coverage. If
the worker is in the process of doing something solely for the worker’s own benefit, this
factor does not favour coverage.
In the case of independent operators and active principals of corporations, it is

necessary to distinguish between the activities the independent operators or active
principals carry on in furtherance of the business, and personal activities undertaken
independent of the business. Only injuries or death occurring while pursuing the former
type of activity may be considered to arise out of and in the course of a worker’s
employment.

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3. Instructions From the Employer
Did the injury or death occur in the course of action taken in response to instructions
from the employer? For example, did the employer direct or request that the worker
participate in an activity as part of the employment? The clearer the direction, the more
this factor favours coverage.
The more tenuous the direction, the less this factor favours coverage: for example, if
the worker was doing something on a purely voluntary basis, or the employer simply
sanctioned participation without directing or requesting it.
4. Equipment Supplied by the Employer
Did the injury or death occur while the worker was using equipment or materials
supplied by the employer? If so, this factor favours coverage.
5. Receipt of Payment or Other Consideration from the Employer
Did the injury or death occur while the worker was in the process of receiving payment
or other consideration from the employer? If so, this factor favours coverage.
This includes cases where the worker is required to report to the employer’s premises
or office in order to pick up a paycheque, whether or not this is during a regular shift.
6. During a Time Period for which the Worker was Being Paid or
Receiving Other Consideration
Did the injury or death occur during a time period in which the worker was paid a salary
or other consideration, or did the injury or death occur during paid working hours? If so,
this is a factor that favours coverage.
7. Activity of the Employer, a Fellow Employee or the Worker
Was the injury or death caused by an activity of the employer or of a fellow employee?
If so, this factor favours coverage.
Was the injury or death caused by a non-work related activity of the worker? The more
tenuously the worker’s activity is related to the employment, the less this factor favours
coverage.
Consideration in either case is given to whether the activity of the employer, fellow
employee or worker was employment-related or unauthorized (see Item C3-17.00).
8. Part of Job
Did the injury or death occur while the worker was performing activities that were part of
the worker’s job? If so, this factor favours coverage.

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9. Supervision
Did the injury or death occur while the worker was being supervised by the employer or
a representative of the employer having supervisory authority? If so, this factor favours
coverage.

CROSS REFERENCES: Item C3-17.00, Deviations from Employment;
Item C3-18.00, Personal Acts;
Item C3-20.00, Employer-Provided Facilities, of the Rehabilitation
February 1, 2020 – Policy amended to provide guidance on the legal
issues of standard of proof, evidence, and causation.
July 1, 2010 – This policy was amended to include content from former
policy items #14.00, #21.30 and #21.40 of the Rehabilitation Services &
Claims Manual, Volume II.
June 1, 2004 − Former policy item #14.00 was amended to include
“whether the injury occurred while the worker was performing activities
that were part of the regular job duties” and “whether the injury occurred
while the worker was being supervised by the employer” as factors to be
considered. The amendment applied to all injuries on or after
June 1, 2004 and was undertaken as part of the review of former policy
item #20.20.
APPLICATION: Applies to all decisions made on or after February 1, 2020, respecting
claims for injuries occurring on or after July 1, 2010.

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RE: Serious and Wilful Misconduct ITEM: C3-14.10
BACKGROUND
This policy provides guidance for determining compensability for an injury or death due
to the serious and wilful misconduct of a worker.
2. The Act
Section 134, in part:
(1) If, in an industry within the scope of the compensation provisions,

personal injury or death arising out of and in the course of a worker’s
employment is caused to the worker, compensation as provided
under this Part must be paid by the Board out of the accident fund.
(2) As an exception to subsection (1), if the injury is attributable solely to

the serious and wilful misconduct of the worker, compensation is not
payable unless the injury results in the worker’s death or serious or
permanent disablement.
...
POLICY
Before section 134(2) can be considered, it must first be determined under

section 134(1) that the worker’s personal injury or death arose out of and in the course
of the worker’s employment. Item C3-14.00 is the principal policy used for making this
determination.
In weighing the evidence, the actions or conduct of the worker may induce the Board to
conclude that the worker’s injury or death did not arise out of and in the course of the
worker’s employment under section 134(1). If such a conclusion is reached, the claim is
disallowed, and section 134(2) is not considered. This is so even in the event of death
or serious or permanent disablement.
If it is determined that the worker’s injury or death did arise out of and in the course of
the worker’s employment and there is an indication that misconduct of the worker
played a role in the worker’s injury or death, section 134(2) is then considered.

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A. Serious and Wilful Misconduct by the Worker
The first question to be considered is, was the worker’s misconduct serious and wilful?
A worker engages in serious and wilful misconduct if the worker deliberately and
intentionally violates rules, regulations or laws known to the worker. Serious and wilful
misconduct is a voluntary act by a worker with reckless disregard for the worker’s own
safety and which the worker should have recognized as having the potential to result in
personal injury.
If a worker’s misconduct was not serious and wilful, the injury that arose out of and in
the course of the worker’s employment is compensable.
B. Attributable Solely to the Worker’s Serious and Wilful Misconduct
If a worker’s misconduct was serious and wilful, the second question to be considered
is, was the injury attributable solely to the worker’s serious and wilful misconduct?
The word “solely” in this situation means that, without the worker’s misconduct, the
injury would not have resulted.
If a worker’s injury is not attributable solely to the worker’s serious and wilful
misconduct, compensation is payable.
C. Death or Serious or Permanent Disablement
If a worker’s injury is attributable solely to the worker’s serious and wilful misconduct,
the third question to be considered is, did the worker’s injury result in death or serious or
permanent disablement?
In this context, the word “serious” is used in a physical rather than an economic sense.
For example, if a worker has suffered a sprained wrist or finger which causes only two
or three weeks of lost wages, this may not be considered as a serious disablement even
though the loss of earnings may cause a serious financial problem for the worker. If an
injury results in a prolonged disability, however, it may be regarded as serious even
though the initial injury appears minor.
If a worker’s injury that was attributable solely to the worker’s serious and wilful
misconduct did not result in death or serious or permanent disablement, it is not
compensable, even though it also arose out of and in the course of the worker’s
employment.
If a worker’s injury that was attributable solely to the worker’s serious and wilful
misconduct did result in death or serious or permanent disablement, it is compensable,
and the employer may be eligible to have some of the costs of the wage-loss benefits
excluded from its experience rating.

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D. Employer’s Experience Rating
Where wage-loss benefits were paid between January 1, 1994 and September 27, 2002
on a claim where the injury is attributable solely to the serious and wilful misconduct of
the worker, but resulted in death or serious permanent disablement, the cost of
compensation paid after the first 13 weeks of wage-loss benefits is excluded from the
employer’s experience rating.
Where wage-loss benefits are paid on or after September 28, 2002 on a claim where
the injury is attributable solely to the serious and wilful misconduct of the worker, but
resulted in death or serious permanent disablement, the cost of compensation paid after
the first 10 weeks of wage-loss benefits is excluded from the employer’s experience
rating.
If wage-loss benefits were not paid because the claim that was attributable solely to the
serious and wilful misconduct of the worker resulted in immediate death, no costs are
excluded from the employer’s experience rating.

CROSS REFERENCES: Item C3-14.00, Arising Out of and In the Course of a Worker’s
Employment;
Item C3-17.00, Deviations from Employment;
Policy item #115.30, Experience Rating Cost Exclusions, of the
This policy replaced former policy item #16.60, Serious and Wilful
Misconduct, of the Rehabilitation Services & Claims Manual, Volume II.
The number of weeks of wage-loss benefits that must be paid before the
costs of compensation will be excluded from an employer’s experience
rating changed from 13 weeks to 10 weeks in former policy item #16.60
effective September 28, 2002.
APPLICATION: This Item applies to all claims for injuries occurring on or after
July 1, 2010.

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RE: Accident – Section 134(3) Presumption ITEM: C3-14.20
BACKGROUND

for personal injury caused by accident.
2. The Act
Section 1, in part:
“accident”, in relation to a worker, includes
(a) a wilful and intentional act that is not the act of the worker, and
(b) a fortuitous event occasioned by a physical or natural cause;
...
Section 134(3):
The following apply in relation to an injury caused by accident:
(a) if the accident arose out of the worker’s employment, unless the
contrary is shown, it must be presumed that the injury occurred in the
course of that employment;
(b) if the accident occurred in the course of the worker’s employment,

unless the contrary is shown, it must be presumed that the injury
arose out of the employment.
POLICY
The definition of “accident” provided in the Act is not an exclusive definition of the term;
the word has been interpreted in its normal meaning of a traumatic incident. It has not,
for example, been extended to cover injuries resulting from a routine work action or a
series of such actions occurring over a period of time.

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Section 134(3) of the Act creates the following presumption for injuries resulting from an
accident:
• Where an injury is caused by an accident that arose out of the worker’s

employment, unless the contrary is shown, it is presumed that the accident
occurred in the course of that employment.
• Where an injury is caused by an accident that occurred in the course of the

worker’s employment, unless the contrary is shown, it is presumed that the
accident arose out of that employment.
Where an injury occurs at work as a result of any traumatic experience or external

cause, it is usually from an accident to which the presumption in section 134(3) applies.
For injuries resulting from an accident, evidence is only needed to establish either that
the injury arose out of the worker’s employment or that it arose in the course of the
worker’s employment. The other component of the test is presumed, unless there is
evidence to the contrary.
The standard of proof to be applied in determining whether the presumption has been
rebutted is proof on a balance of probabilities. Balance of probabilities means “more
likely than not.” The presumption is rebutted if opposing evidence shows that the
contrary conclusion is the more likely. The presumption is not rebutted because there is
a lack of evidence to support an employment connection. Every reasonable effort is
made to obtain all available evidence.
Where there is no “accident”, the presumption in section 134(3) does not apply.
The broad interpretation given to the term “accident” for the purpose of section 4(1) of
the Government Employees Compensation Act, R.S.C. 1985, c. G-5 does not apply to
section 134(3) of the Workers Compensation Act.

CROSS REFERENCES: Item C3-12.10, Federal Government Employees, of the Rehabilitation
February 1, 2020 – Policy amended to provide guidance on legal issues
of standard of proof, evidence, and causation.
July 1 2010 – This policy replaced former policy item #14.10 of the

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RE: Hazards Arising from Nature ITEM: C3-14.30
BACKGROUND

for personal injury or death that is caused by a hazard arising from nature.
2. The Act
Section 1, in part:
...
Section 134:
(1) If, in an industry within the scope of the compensation provisions,

personal injury or death arising out of and in the course of a worker’s
employment is caused to the worker, compensation as provided
under this Part must be paid by the Board out of the accident fund.
(2) As an exception to subsection (1), if the injury is attributable solely to

the serious and wilful misconduct of the worker, compensation is not
payable unless the injury results in the worker’s death or serious or
permanent disablement.
(3) The following apply in relation to an injury caused by accident:
(a) if the accident arose out of the worker’s employment, unless

the contrary is shown, it must be presumed that the injury
occurred in the course of that employment;
(b) if the accident occurred in the course of the employment,

unless the contrary is shown, it must be presumed that the
injury arose out of that employment.

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POLICY
An injury or death may result from natural elements. For instance, a worker may be
stung by an insect or plant or suffer from exposure to extreme weather conditions. An
injury or death resulting from a natural element is considered to arise out of and in the
course of a worker’s employment where a particular activity required by the employment
exposes the worker to these natural elements.
If an injury is caused by accident, the rebuttable presumption contained in

section 134(3) of the Act applies.
The failure of a worker to wear protective clothing may in some cases be considered
serious and wilful misconduct and grounds for denying a claim under section 134(2) of
the Act.

AUTHORITY: Sections 134(1) to 134(3) of the Act.
CROSS REFERENCES: Item C3-14.10, Serious and Wilful Misconduct;
Item C3-14.20, Accident – Section 134(3) Presumption;
Item C3-17.00, Deviations from Employment;
Item C3-18.10, Clothing and Footwear, of the Rehabilitation Services &
This policy resulted from the consolidation of former policy items #17.00,
#17.10, #17.20 and #17.30 of the Rehabilitation Services & Claims
Manual, Volume II.
July 1, 2010.

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RE: Injuries Following Natural Body ITEM: C3-15.00

Motions at Work
BACKGROUND
This policy sets out the principles to consider when determining the compensability of
an injury following a natural body motion at work.
2. The Act
Section 134(1):

Section 339(3):
If the Board is making a decision respecting the compensation or

rehabilitation of a worker and the evidence supporting different findings on
an issue is evenly weighted in that case, the Board must resolve that issue
in a manner that favours the worker.
POLICY
A natural body motion is one that is commonly performed as part of daily living. The
motion may occur both at work and away from work. For instance, standing up from a
chair or turning one’s head to speak to someone, are considered natural body motions.
Item C3-14.00 is the principal policy for determining whether a worker’s injury arises out
of and in the course of the worker’s employment. This policy provides additional
guidance for determining the compensability of injuries that do not result from an
accident, but which follow a natural body motion at work. In these circumstances, it is
generally clear that the injury arose in the course of the worker’s employment, and the
adjudication rests on whether the injury also arose out of the worker’s employment. The
Board considers both whether:
• the natural body motion has an employment connection; and
• the natural body motion was of causative significance in producing the injury.

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This policy applies whether the injury results from one motion or a series of motions
occurring over a period of time.
A. Sufficient Employment Connection
A natural body motion is sufficiently connected to the worker’s employment where the
motion is required or incidental to the employment.
Sufficient employment connection may exist where, for example, a health care worker
undertakes the employment activity of bending over to retrieve a lunch tray to serve to a
patient. Sufficient employment connection may not exist where, for example, a worker
undertakes the personal action of bending over to retrieve the worker’s lunch from the
office refrigerator.
If the natural body motion is not sufficiently connected to the employment, the personal
injury did not arise out of the worker’s employment and is therefore not compensable.
B. Causative Significance
A natural body motion is of causative significance in producing the injury where the
evidence, and in particular the evidence relating to medical causation, shows that the
motion was more than a trivial or insignificant aspect of the injury.
When reviewing medical evidence, the Board considers whether:
• the force and/or physical placement involved in performing the motion has the
likelihood to be of causative significance in producing the injury;
• the symptoms are medically known to have a spontaneous occurrence, or are

more likely to occur following a specific motion or series of motions;
• there is a temporal relationship between the motion and the onset of

symptoms; and
• there is evidence of any non-work-related medical conditions that contributed

to the injury.
The Board also considers any other relevant medical evidence to assist in
determining whether a worker’s injury arises out of and in the course of the
worker’s employment.
In addition to medical evidence, the Board considers the description of the activities or
events leading up to the injury provided by the worker, any witnesses, and the
employer.

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Where the evidence does not support a finding that the motion had causative
significance in producing the injury, it is not compensable. A speculative possibility that
the motion contributed to the injury is not enough.

Employment;
Item C3-18.00, Personal Acts, of the Rehabilitation Services & Claims
Manual, Volume II.
issues of standard of proof and evidence.
July 1, 2010 – This policy replaced former policy item #15.20, Injuries
Following Motions at Work of the Rehabilitation Services & Claims
Manual, Volume II, and revised entitlement test requirements of
“sufficient employment connection” and “causative significance” for
injuries involving natural body motions at work.

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RE: Pre-Existing Conditions or Diseases ITEM: C3-16.00
BACKGROUND
This policy provides guidance on distinguishing between injuries or death that arise out
of and in the course of a worker’s employment, and injuries or death that result from a
worker’s pre-existing conditions or diseases.
2. The Act
Section 134(1):

POLICY
A. General
It is necessary to distinguish between injuries or death resulting from a worker’s

employment (which are compensable), and injuries or death resulting from a worker’s
pre-existing conditions or diseases (which are not compensable).
An injury or death is not compensable simply because it happened at work. It is also

necessary to determine that it arose out of the worker’s employment. This means that
there must have been something in the worker’s employment activity or situation that
had causative significance in producing the injury or death.
A pre-existing condition or disease may be aggravated by an employment-related

incident or trauma, or series of incidents or traumas. In such cases, the worker’s
resulting injury or death may be compensable.
In adjudicating these types of claims, the Board considers:
• the nature and extent of the pre-existing condition or disease;
• the nature and extent of the employment activity; and

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• the relationship between the pre-existing condition or disease and the

employment activity, including the degree to which the employment activity
may have affected the pre-existing condition or disease.
Evidence that the pre-existing condition or disease has been accelerated, activated or
advanced more quickly than would have occurred in the absence of the employment
activity, may be confirmation that the aggravation resulted from the employment activity.
B. Pre-Existing Deteriorating Condition or Disease
If a worker’s pre-existing condition or disease is a deteriorating condition or disease, the

evidence is examined to determine whether or not, at the time of the injury or death, the
pre-existing deteriorating condition or disease was at a critical point at which it was
likely to result in a manifest disability.
If the injury or death is one that the worker would have sustained whether at work, at
home, or elsewhere, regardless of the employment activity, then the employment was
not of causative significance, and the injury or death is considered to have resulted from
the pre-existing deteriorating condition or disease and is not compensable.
On the other hand, if the injury or death is one that the worker would not have sustained
for months or years, but for the exceptional strain or circumstance of the employment
activity, then the employment is of causative significance, and the injury or death may
be compensable.
An example may help to illustrate the distinction. If the evidence shows that a worker
has a pre-existing deteriorating heart condition, which could result in a heart attack at
any time, an employment activity such as walking up one flight of stairs to his or her
office would not mean that the employment activity was of causative significance in a
resulting heart attack. On the other hand, if the worker was at the bottom-end of moving
a 300-pound load up a flight of stairs, and the load slipped, causing the worker fright
and strain, that strain or circumstance may mean that the employment activity was of
causative significance and the resulting heart attack arose out of and in the course of
the worker’s employment.
In all cases, the medical and factual evidence is considered together, in order to
determine the causative significance of the pre-existing deteriorating condition or
disease, and the employment activity or situation, in the resulting injury or death.
C. Pre-Existing Non-Deteriorating Condition or Disease
If a worker’s pre-existing condition or disease is not a deteriorating condition or disease,

it may be said that an event at work “triggered” the pre-existing condition or disease
resulting in an injury or death. This does not mean, however, that the resulting injury or
disease is compensable. The circumstances, including the condition of the worker, are
considered to determine whether the employment was of causative significance.

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For example, a worker’s injury resulting from falling to the floor during an epileptic
seizure would likely occur regardless of the worker’s employment activity. The
employment activity would therefore be considered trivial or insignificant and the injury
not compensable.
On the other hand, if the employment activity or situation results in injuries or death
beyond those that might have flowed from the pre-existing condition or disease, the
additional injuries or death resulting from the employment activity or situation may be
compensable. For example, the causative significance of a worker’s employment
activity would be much more than trivial or insignificant where a worker’s injury results
from falling off a twelve foot scaffold during an epileptic seizure. Here, the employment
situation results in injuries beyond those that might have flowed from the pre-existing
condition, and though the epileptic seizure itself is not a compensable injury, the injuries
resulting from falling off the scaffold may be compensable, due to the significance of the
employment situation.

CROSS REFERENCES: Policy item #26.55, Aggravation of a Disease;
Policy item #114.40, Enhancement of Disability by Reason of Pre-
Existing Disease, Condition or Disability;
Policy item #114.41, Relationship Between Sections 146 and 240(1)(d);
July 1, 2010 – This policy replaced former policy items #15.00, #15.10
and #15.30 of the Rehabilitation Services & Claims Manual, Volume II.

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RE: Pre-Existing Conditions – Specific Injuries ITEM: C3-16.10
BACKGROUND
This policy provides guidance on the adjudication of claims for certain specific injuries
that may originate from pre-existing conditions and be aggravated by something in the
employment relationship.
2. The Act
Section 134(1):
Section 125(1):
The Board may, at any time, on its own initiative or on application, reopen a
matter that had been previously decided under a compensation provision by the
Board or an officer or employee of the Board if, since the decision was made in
the matter,
(a) there has been a recurrence of a worker’s injury, or
(b) there has been a significant change in a worker’s medical condition that
the Board had previously decided was compensable.
POLICY
Item C3-14.00 is the principal policy that provides guidance in deciding whether or not
an injury or death arises out of and in the course of a worker’s employment.
Item C3-16.00 distinguishes between injuries or death resulting from the worker’s
employment (which are compensable), and injuries or death resulting simply from a
worker’s pre-existing condition or disease (which are not compensable).

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Though the following injuries may originate from a pre-existing condition, a worker’s
employment may have causative significance in aggravating or producing the injury
such that it is considered to arise out of and in the course of the worker’s employment.
A. Ganglia
Ganglia are generally not considered to be of traumatic origin and are normally not
considered to arise out of and in the course of a worker’s employment.
Exceptions may be made when:
1. a ganglion first appears between six weeks and six months following a
deep penetrating wound or a contusion involving deep tissue damage at
the site where the ganglion appears, or
2. a ganglion appears within six weeks of commencing work which is both

unaccustomed and involves repetitive movements of joints or tendons at
the site of the ganglion. The Board considers this to be an aggravation of
the ganglion in a pre-disposed individual.
B. Herniae
i. General
There are two main types of herniae, inguinal (groin) herniae, and non-inguinal herniae
(e.g., femoral, incisional, and umbilical herniae).
On the basis of the Board’s present understanding of the biologic characteristics of

herniae, the following principles are followed in the adjudication of hernia claims.
1. There must be increased intra-abdominal pressure, or evidence of severe

direct trauma, resulting from the work or employment preceding the
appearance of the hernia. Symptoms will generally appear shortly after
the incident.
2. Given the preponderance of medical information indicating that herniae

are multi-factorial in development, herniae will be considered an
aggravation of a pre-existing condition, and surgery will be recognized as
an attempt to correct the aggravation.
3. There is usually no urgency to the hernia operation, except where there

are threatening complications, such as a bowel obstruction or inability to
reduce the hernia. In most cases, there is no need to stop working while
awaiting surgery.

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Given the above, pre-operative wage-loss benefits will not normally be
paid unless medical information is provided by the attending physician
indicating the complication which restricts the worker’s ability to continue
working. Where an attending physician’s report certifies that a worker is
disabled pre-operatively, other objective evidence, such as a medical
opinion, regarding the worker’s condition may be sought to either verify or
dispute the attending physician’s opinion.
4. Where a worker suffers bilateral herniae, it is extremely unlikely that both

will have resulted from the same incident. However, where a claim for one
of those hernia is acceptable in accordance with the principles set out
above, the Board will accept responsibility for both herniae if the evidence
is such that it is not possible to determine which of the two herniae did
result from the employment.
5. Usual recovery times for hernia surgical repair are based on medical
protocols and procedures adopted by the Board.
ii. Prior Compensable and Non-Compensable Herniae
a. Prior Compensable Herniae
• Under 18 Months Since Surgery Date
If no new incident is reported, the Board may reopen the decision of a prior
compensable hernia(e) where less than 18 months have passed since the
surgery date for the prior compensable hernia and a ground for reopening is met.
If a significant new trauma is reported, it is usually adjudicated as a new claim.
• Over 18 Months Since Surgery Date
A hernia claim that occurs 18 months or more after the surgery date for the
worker’s prior compensable hernia(e) is generally adjudicated as a new claim.
This consideration, however, also includes evaluating the question of reopening
the old claim. The claim can only be reopened where a ground for reopening is
met.
b. Prior Non-Compensable Herniae
• Under 18 Months Since Surgery Date for Prior Herniae
There is a greater potential for recent hernia(e) repairs to break down in the first
18 months after a repair. For this reason a hernia claim that occurs less than 18
months after the worker’s surgery date for a prior non-compensable hernia(e) is
more likely to be a repair breakdown than a new injury. As a result, for the hernia

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claim to be accepted, there must be clear evidence to establish a relationship of
the breakdown to the worker’s employment.
• Over 18 Months Since Surgery Date for Prior Herniae
A hernia claim that occurs more than 18 months after the worker’s surgery date
for a prior non-compensable hernia(e) is more likely to be a new injury than a
breakdown of the prior non-compensable hernia(e) repair.
All claims are adjudicated on the merits and justice of the case.
C. Adverse Reactions to Inoculations or Injections
An injury or death that results from a worker’s adverse reaction to an inoculation or

injection may be considered to arise out of and in the course of the worker’s
employment if:
1. the inoculation or injection is required, either as a condition of the

employment or as a condition of continued employment (such as where
the worker has sustained an injury or contracted a disease outside the
work environment, but the employer insists on precautionary measures
being taken before the worker returns to employment),
2. due to concerns of a potential outbreak of some disease on the

employer’s premises, an employer advises that if the worker refuses to
receive an inoculation or injection and there is an outbreak, the worker will
not be permitted to work until after the outbreak has passed; for example,
influenza immunizations for health care workers, or
3. the worker was convinced that it was necessary to receive an inoculation

or injection in spite of objective evidence from the employer that the
process was not compulsory.
An injury or death that results from a worker’s adverse reaction to an inoculation or

injection is not likely to be considered to arise out of and in the course of the worker’s
employment, if the inoculation or injection is received voluntarily by the worker, either as
part of a broad program put on by the employer or in any other circumstances.
An injury or death that results from a worker’s adverse reaction to a post-exposure

prophylaxis (“PEP”) that has been administered for a compensable exposure under
Item C3-12.30 is adjudicated as a compensable consequence under Item C3-22.00.

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EFFECTIVE DATE: May 1, 2018

CROSS REFERENCES: Item C3-12.30, Infectious Agent or Disease Exposures;
Item C3-14.00, Arising Out of and in the Course of a Worker’s
Employment;
Item C3-16.00, Pre-Existing Conditions or Diseases;
Item C14-102.01, Changing Previous Decisions – Reopenings;
Existing Disease, Condition or Disability, of the Rehabilitation Services &
May 1, 2018 − This policy was revised to delete Section C., Prior
Shoulder Dislocations.
July 1, 2010 − This policy replaced former policy items #15.40, #15.50,
#15.51, #15.60, and #19.41 of the Rehabilitation Services & Claims
Manual, Volume II.
December 1, 2004 − Housekeeping changes were made to correct
grammar and to add practice references to former policy item #15.50.
June 1, 2004 − Former policy item #15.50 was revised to delete an
outdated timeframe for post-operative wage-loss benefits, extend
general adjudicative principles to all types of hernia claims, and remove
outdated content for various types of non-inguinal herniae, and applied to
all decisions, including appellate decisions made on or after
June 1, 2004.
March 3, 2003 − Former policy item #15.51 was revised as to references
to re-opening.
May 1, 2018.

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RE: Deviations from Employment ITEM: C3-17.00
BACKGROUND

where a worker’s participation in an unauthorized activity may have had causative
significance in the worker’s personal injury or death.
2. The Act
Section 134(1):

POLICY
A. Introduction
an injury or death arises out of and in the course of a worker’s employment. In some
circumstances, evidence supporting one component of the employment-connection test
may be clear, while evidence supporting the other component is questionable, because
the worker did something that was unauthorized by the employer, the employer
condoned an unsafe practice, or some emergency forced the worker to act.
In considering whether an injury or death arose out of and in the course of a worker’s
employment, all relevant factors are taken into consideration including the causative
significance of the worker’s conduct in the occurrence of the injury or death and whether
the worker’s conduct was such a substantial deviation from the reasonable expectations
of employment as to take the worker out of the course of the employment. An
insubstantial deviation does not prevent an injury or death from being held to have
arisen out of and in the course of a worker’s employment.
Once it has been established that a worker’s injury or death arose out of and in the
course of the worker’s employment, consideration may be given to whether the injury or

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death is attributable solely to the serious and wilful misconduct of the worker under
section 134(2) of the Act. (See Item C3-14.10.)
If a worker’s injury or death is the result of a crime or an emergency action to prevent a

crime, there may be entitlement to benefits under the Crime Victim Assistance Act,
S.B.C. 2001, c.38, distinct from those available under the Workers Compensation Act.
The following provides guidance as to how some of the factors in Item C3-14.00 may be
applied when considering the causative significance of a worker’s unauthorized activity
in the worker’s personal injury or death.
B. Instructions of the Employer
It is clearly impossible for an employer to lay down fixed rules covering every detail of a
worker’s employment activity, so workers may be uncertain as to the limits of their work.
Carelessness or exercising bad judgment are not bars to compensation where it is
reasonable that a worker would exercise some discretion as part of the worker’s
employment. Thus an act that is done in good faith for the purpose of the employer’s
business may form part of a worker’s employment, even if not specifically authorized by
the employer.
On the other hand, a worker’s injury or death may not be considered to arise out of and
in the course of the worker’s employment if the worker’s act is specifically prohibited by
an employer or is known or should reasonably have been known to the worker to be
unauthorized, or if the worker has been previously warned against doing it. This is so
even if the act could legitimately benefit the employer.
C. For Employer’s Benefit
A worker’s injury or death may be considered to arise out of and in the course of the
worker’s employment if the worker is acting to protect the employer’s interests during an
emergency. This may include protecting the employer’s property or protecting an
individual who is associated with the employment, such as a fellow worker or customer.
A worker’s injury or death is not likely to be considered to arise out of and in the course
of the worker’s employment if the emergency action is that of a public spirited citizen,
where the worker was doing no more than anyone would do, whether or not working for
an employer at the time.
The distinction can perhaps best be illustrated by an example. A worker’s injury or

death may be considered to arise out of and in the course of the worker’s employment
where the worker receives a telephone call at work indicating that there is a fire in a
portion of the employer’s premises. The worker races from the office and, due only to
haste, trips over his or her own feet, falls, and injures an arm. There is no doubt that in

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light of the relationship of the emergency to the employment, this injury would be
compensable.
On the other hand, a worker’s injury or death is not likely to be considered to arise out of
and in the course of the worker’s employment where the worker receives a telephone
call to the effect that a family member has been seriously injured in an accident. Once
again the worker races from the office and, due only to haste, falls and injures an arm.
The reason for the worker’s departure is unrelated to the employment and nothing about
the employment contributed to the injury.
The fact that the employment places a worker in a position to observe an emergency
cannot be of itself a determinative factor in granting compensation.
D. Part of Job
If a generally unauthorized activity such as alcohol consumption is part of the permitted

activities of the employment, a worker’s employment may be considered to have
causative significance in any injury or death that results from intoxication. For example,
bartenders or sales representatives may be encouraged or permitted by their employers
to drink with customers. The causative significance of the employment may be
considered trivial or insignificant if the worker goes beyond the pursuit of the employer’s
interests to engage in a social event.
If a generally unauthorized activity such as alcohol consumption is not a permitted part

of the employment, this does not automatically mean that an injury or death involving
alcohol consumption did not also arise out of and in the course of a worker’s
employment. The Board considers the employment-connection test set out in
Item C3-14.00 to determine whether the employment factors of the situation were of
causative significance. Where the causative significance of the alcohol consumption is
predominant in the resulting injury or death, and the employment factors are neutral or
non-existent, this does not favour coverage.
E. On Employer’s Premises
If an injury or death occurs in the course of the worker’s employment and there are no
other employment factors of causative significance to satisfy the “arising out of”
component of the employment test, the injury or death will not be considered to arise
out of and in the course of the worker’s employment.
For example, if a worker stumbles while walking over normal ground as a result of
intoxication or impairment, and is injured in the fall, nothing in the employment would
have had any causative significance in producing the injury.

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F. Activity of the Employer, a Fellow Employee or the Worker
i. Horseplay
If a generally unauthorized activity such as horseplay is a contributing factor of a

worker’s injury or death, the Board considers the degree of participation of the worker in
the horseplay. For instance, a worker who instigates or provokes horseplay will more
likely be considered to have made a substantial deviation from the course of the
worker’s employment than a worker who simply reacts to actions commenced or
provoked by someone else.
The duration and seriousness of a worker’s horseplay is also of relevance in

considering whether there has been a substantial deviation from the course of the
worker’s employment. For example, if a worker walks over to a co-employee to engage
in a friendly word, and accompanies this with a playful jab in the ribs, this is a trivial
incident which would probably be considered an insubstantial deviation. On the other
hand, playing a game of tag while driving the employer’s forklifts would be considered a
more substantial deviation.
ii Assault
If a worker’s injury or death is the result of an assault that arises out of and in the course
of the worker’s employment, the worker may be entitled to compensation. However, if
the worker’s injury or death is the result of an assault that the worker initiated, this may
constitute a substantial deviation from the course of the worker’s employment.
The Board considers the spontaneity of the assault, whether the worker’s aggressive
response is in proportion to a triggering incident or provocation, whether there is a
connection between the employment and the subject matter of the dispute that led to
the assault. Where the actions or response of a worker are extreme or are out of
proportion to a triggering incident or provocation, this may be an indication that the
assault is of a more personal nature. If the subject matter of the dispute that led to the
assault is a personal matter, the injury or death is not considered to have arisen out of
and in the course of a worker’s employment.
Just as a worker’s initiation of an assault may take the worker out of the course of the
employment, an assailant’s attack on a worker may bring the worker into the course of
the employment, even though the assault does not occur at the workplace or during
working hours. An assailant may be an employer, fellow worker or a non-worker (for
example, a client or customer).
In these cases, the facts of the situation as to whether the assault is clearly related to
the worker’s employment are carefully considered to determine whether the
employment was of causative significance. If the employment aspects of the assault

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are more than just an incidental intrusion into the personal life of the worker at the
moment of the injury or death, the worker may be entitled to compensation.
The term “assault”, as used in this policy, includes sexual assault.

Employment;
Item C3-14.10, Serious and Wilful Misconduct;
Manual, Volume II.
#16.10, #16.20, #16.30, #16.40 and #16.50 of the Rehabilitation
July 1, 2010.

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RE: Personal Acts ITEM: C3-18.00
BACKGROUND
This policy provides guidance for differentiating between a worker’s employment

functions and a worker’s personal actions, when determining whether a personal injury
or death arises out of and in the course of the employment.
2. The Act
Section 134(1):

Section 339(3):

POLICY
A worker’s injury or death is compensable if it arises out of and in the course of the
worker’s employment, as described in Item C3-14.00. However, there is a broad
intersection and overlap between employment and personal affairs. An incidental
intrusion of personal activity into the process of employment is not a bar to
compensation. Conversely, an incidental intrusion of some aspect of employment into
the personal life of a worker at the moment of an injury or death does not automatically
entitle the worker to compensation.
In the marginal cases, it is impossible to do better than weigh the employment features
of the situation against the personal features to reach a conclusion, which can never be
devoid of intuitive judgment, as to whether the test of employment connection has been
met. For decisions respecting the compensation or rehabilitation of a worker, the
standard of proof under section 339(3) of the Act is “at least as likely as not.”

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Where the common practice of an employer or an industry permits some latitude to
workers to attend to matters of personal comfort or convenience in the course of
employment, compensation for injuries or death occurring at those moments is not
denied simply on the ground that the worker is not in the course of productive work
activity at the crucial moment. This is within the scope of the established doctrine
relating to acts which, though not in themselves productive, are nevertheless a normal
incident of employment.
A. Lunch, Coffee and Other Breaks
A worker may be considered to be in the course of the worker’s employment not only
when doing the work the worker is employed to do, but also while engaged in other
incidental activities. For example, a worker does not cease to be in the course of the
worker’s employment while using washroom facilities or having a lunch or coffee break
on the employer’s premises. An injury or death that occurs in these situations may not,
however, also arise out of the worker’s employment. While both employment and non-
employment factors may contribute to the injury or death, the causative significance of
the employment must be more than trivial for the Board to find that the injury or death
arose out of the employment.
B. Acts for Personal Benefit of Principals of Business
An injury or death may be considered to arise out of and in the course of a worker’s
employment if it occurs while a worker is in the process of doing something for the
benefit of the employer’s business generally, or for the employer personally.
In the case of independent operators with personal optional protection and active
principals of small corporations, it is necessary to distinguish between the activities the
independent operators or active principals carry on in furtherance of the business for
which they (or the company) are covered by the Act, and independent, personal or
business activities that are not so covered. Only injuries or death occurring while
pursuing the former type of activity may be considered to arise out of and in the course
of the employment.

CROSS REFERENCES: Item C3-20.00, Employer-Provided Facilities (Section C. Lunchrooms), of
the Rehabilitation Services & Claims Manual, Volume II.
issue of standard of proof.

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July 1, 2010 – This policy resulted from the consolidation of former policy
items #21.00, #21.10, and #21.40 of the Rehabilitation Services &

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RE: Clothing and Footwear ITEM: C3-18.10
BACKGROUND

for personal injury or death sustained by a worker resulting from clothing or footwear.
2. The Act
Section 134(1):

POLICY
Changing clothes prior to starting or after finishing work is generally a prerequisite to

work and therefore not normally part of a worker’s employment.
However, where changing clothes on the employer’s premises is a requirement of the

job, such as the donning and removal of protective garments, an injury or death
resulting from this activity may be considered to arise out of and in the course of a
Injuries or death resulting from the wearing of clothing or footwear may be considered to
arise out of and in the course of a worker’s employment where the employment activity
was of causative significance to the injury or death and the clothing or footwear was
required by the employer for the job.
If there is nothing in the employment activity which would reasonably cause an injury or
death and that injury or death can be seen to be directly related to the ill-fitting nature of
the clothing or footwear, the injury or death does not arise out of and in the course of a
It is irrelevant who purchased the clothing or footwear.

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Employment;
Manual, Volume II.
This policy replaces former policy item #20.41 of the Rehabilitation
July 1, 2010.

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RE: Work-Related Travel ITEM: C3-19.00
BACKGROUND

for personal injury or death when engaged in work-related travel.
2. The Act
Section 134(1):

POLICY
The general policy related to travel is that injuries or death occurring in the course of
travel from the worker’s home to the normal place of employment are not compensable.
On the other hand, where a worker is employed to travel, injuries or death occurring in
the course of travel may be covered. This is so whether the travel is a normal part of
the job or is exceptional. In these cases, the worker is generally considered to be
traveling in the course of the worker’s employment from the time the worker
commences travel on the public roadway.
In assessing work-related travel cases, the general factors listed under Item C3-14.00
are considered. Item C3-14.00 is the principal policy that provides guidance in deciding
whether or not an injury or death arises out of and in the course of a worker’s
employment.
A. Regular Commute
An employment connection generally begins when the worker enters the employer’s
premises for the commencement of a shift, and terminates on the worker leaving the
premises following the end of the shift.

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Therefore, a worker’s regular commute between home and the normal, regular or fixed
place of employment is not generally considered to have an employment connection.
This includes injuries or death that occur on a worker’s regular or routine commute
where:
• the employer provides the worker with a vehicle for the purpose of work and
also allows the worker to use the vehicle for personal use outside of work
hours; or
• the worker commutes to work in his or her own vehicle and uses the vehicle
for a work purpose during the worker’s shift.
There are, however, certain situations when a worker’s regular commute may be
considered part of a worker’s employment.
applied when considering specific cases relating to a worker’s regular commute.
Did the injury or death occur on the employer’s premises? If so, this is a factor that
favours coverage.
It is the responsibility of an employer to provide a safe means of access to and egress

from the place of work. Thus, where a worker is traveling by public roadway to a place
of work that is not adjacent to the public roadway, and must travel along a captive road
or through a special hazard before reaching the employer’s premises, the employment
connection may begin at the point of departure from the public roadway rather than at
the point of entry to the employer’s premises.
It is not considered significant that an injury or death occurs while a worker is seeking to
gain access to the employer’s premises by a method that is different from that which the
employer intends. However, it may be considered significant if the worker chooses a
method that the worker has been advised is specifically forbidden by the employer, or if
the worker chooses a route that is clearly dangerous.
a. Captive Road
Where a road is public, but as a practical matter is controlled by and leads only to the
premises of the particular employer, the road can effectively be regarded as part of the
employer’s premises. The employer’s control may be demonstrated by the fact that the
employer makes decisions on maintenance or repairs of the public road. This is known
as the “captive road” doctrine.

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Where a road is privately owned by the employer, but in reality leads to the premises of
several different employers and/or is used by the public, the road may not be
considered part of the employer’s premises. Consideration is given to other factors,
such as the normal usage of the road and its relationship to the operation of the
employer’s business, not simply whether the employer legally owns or controls the road
in question.
An injury or death is not compensable just because it happens on the employer’s

premises, nor is an injury or death compensable just because it occurs on a captive
road. The circumstances surrounding the injury or death may indicate that,
notwithstanding the place where it occurred, it did not arise out of and in the course of a
worker’s employment. All relevant factors are considered and no single factor is
determinative.
An injury or death that occurs on a captive road is a factor that favours coverage,
though it is not determinative. An injury or death on a captive road does not arise out of
and in the course of a worker’s employment if the journey along that road is not for a
legitimate purpose associated with the employment.
b. Special Hazards of Access Route
Where a place of work is so located that for access and egress the worker must pass
through special hazards beyond the ordinary risks of travel, an injury or death sustained
from those hazards may be one arising out of and in the course of a worker’s
employment.
A “special hazard” for the purpose of this policy is one that goes beyond those hazards
normally encountered by the traveling public and which the worker would not normally
encounter, but for the location of the employer’s premises.
For a claim to succeed on the grounds of a special hazard, the hazard need not lie on
the only route to the employer’s premises. It is sufficient if it is on the worker’s regular
commute route.
c. Extension of the Employer’s Premises
An injury or death that occurs to a worker in the immediate approaches to the place of
work, though still on the public roadway, may be considered to arise out of and in the
course of a worker’s employment if the hazard causing the injury or death is a spill-over
from the employer’s premises.
As well, if an employer provides a specific vehicle, like a crew bus, to transport its
workers to and from the employer’s premises, injuries or death occurring while traveling
in this employer-controlled vehicle may be considered to arise out of and in the course
of a worker’s employment, as the crew bus is considered to be an extension of the
employer’s premises.

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The employer’s control of the transportation does not need to be exclusive for this factor
to be in favour of coverage. For example, coverage may also be extended where the
employer contracts out the crew bus service to transport its workers to and from work.
2. Instructions from the Employer
Was the worker instructed or otherwise directed by the employer? When considering
specific cases relating to a worker’s regular commute, this factor may favour coverage
in the following circumstances.
a. Deviations From Route
An employment connection may be found where a worker is instructed by the employer

to perform some activity related to work, which requires the worker to deviate from the
worker’s normal route while commuting. Generally speaking, an employment
connection will only be found where, because of the employer’s instructions, the worker
is required to do something that would not normally be done while traveling to or from
work, or to go somewhere where the worker would not normally go. A minor diversion
from what is essentially a normal commute to or from work does not favour coverage.
Where an employer instructs or otherwise directs a worker to temporarily work at a

place other than the normal, regular or fixed place of employment, an employment
connection may be found for travel from the point at which the worker commences
travel on the public roadway to the temporary work location. These workers are
considered “traveling employees”, which is discussed in Section C below. Once the
temporary assignment becomes routine or consistent in nature, the travel will be
considered a regular commute. This is assessed in the context of each individual case.
b. Emergency Response
An employment connection may also be found where, because of an emergency, a

worker is directed or required by the employer to make a special trip to and from home
and the employer’s premises or to some other place where the job has to be done.
In cases of an emergency, if an injury or death results primarily from the activity

associated with the urgency of the preparation for travel, it may be considered to arise
out of and in the course of a worker’s employment. This is an exception to the policy
that workers who are employed to travel are generally considered to be in the course of
the employment only from the time the worker commences travel on the public roadway.
B. Journeys to a Remote Worksite
There may be situations where a worker’s journey is not simply a routine matter of
driving to and from work on a regular commute, but there are also some additional
circumstances which connect the journey with some particular aspect of the worker’s

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employment. This additional circumstance may be sufficient to bring all or part of the
journey within the scope of the worker’s employment.
The remoteness of a work site and the limited availability of transportation are factors
which may suggest that a journey to or from the work site may be part of the
employment. A journey between an established town and a remote place consisting
only of a work site may be more hazardous and therefore more likely to favour coverage
than a journey between two towns or cities with regular and established means of
transportation.
If a person travels some distance on his or her own initiative looking for whatever jobs
may be found, the person takes the risk of travel upon him or herself.
C. Traveling Employees
“Traveling employees” are workers who:
• typically travel to more than one work location in the course of a normal work
day as part of their employment duties; or
• have a normal, regular or fixed place of employment, and are directed by the
employer to temporarily work at a place other than the normal, regular or fixed
place of employment.
An employment connection generally exists throughout the travel undertaken by

traveling employees, provided they travel reasonably directly and do not make major
deviations for personal reasons. This is so regardless of whether public or private
transportation is used.
An employment connection may not exist for the portion of travel between the traveling
employee’s home and the employer’s premises that is undertaken at the
commencement or termination of each work day. These workers may be considered to
be on a “regular commute” for that portion of their travel, which is discussed in
Section A above.
Examples of traveling employees include, but are not limited to, taxi drivers, emergency
response personnel, transport-industry drivers, cable installers, home care workers,
many sales representatives, and persons attending off-site business meetings.
One factor from Item C3-14.00 that may require further explanation in its application to
specific cases relating to traveling employees is whether the travel is part of the job.
Travel to different work locations has an employment connection where a worker:
• terminates productive activity at one work location and travels to another work
location to commence productive activity for the same employer. This is so

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regardless of whether the worker was paid a salary or other consideration for
the travel;
• travels from the employer’s premises or assembly area, to another work

location, after first reporting to the employer. This applies to a temporary
worker who commutes to a labour supply firm each day, and then is
dispatched to a client as, in these cases, the labour supply firm is the
employer. This does not apply to a worker who goes to a union hiring hall
and then is dispatched to an employer. The worker’s travel from home to the
employer’s premises or assembly area would be considered a regular
commute. The worker’s travel from the employer’s premises or assembly
area to the point where the worker will begin work is normally considered to
have an employment connection;
• routinely commences or terminates productive activity at varying work

locations in the course of a normal work day. In these situations, the worker
is generally considered to be in the course of the worker’s employment from
the time the worker commences travel on the public roadway. This could
apply, for example, to cable installers and pharmaceutical sales
representatives; or
• travels from home to a temporary place of work without first traveling to the
normal, regular or fixed place of employment. Again, the employment
connection begins when the worker commences travel on the public roadway.
An employment connection generally exists for traveling employees during normal meal
or other incidental breaks, such as using the washroom facilities, so long as the worker
does not make a distinct departure of a personal nature.
D. Business Trips
The general factors listed under Item C3-14.00 are used to determine whether a trip
undertaken by a worker is sufficiently connected to the worker’s employment as to be a
business trip. For example, if the trip is taken for the employer’s benefit, on the
instructions of the employer, or paid for by the employer, these are all factors that weigh
in favour of finding that the trip is a business trip.
An employment connection generally exists continuously during a business trip, except

where the worker makes a distinct departure of a personal nature.
This means that injuries or death that result from a hazard of the environment into which
a worker has been put by the business trip, including hazards of any overnight
accommodation itself, are generally considered to arise out of and in the course of a
worker’s employment. However, injuries or death resulting from a hazard introduced to
the premises by the worker for the worker’s personal benefit may not be considered to

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arise out of and in the course of the worker’s employment, if no other factors
demonstrate an employment connection.
Personal activities associated with and incidental to business trips, such as traveling,
eating in restaurants, staying in overnight accommodations (including sleeping, washing
etc.) are normally regarded as within the scope of a worker’s employment where a
worker is on a business trip.
On the other hand, when a worker makes a distinct departure of a personal nature while
on a business trip, this may be regarded as outside the scope of the worker’s
employment. There is an obvious intersection and overlap between employment and
personal affairs while a worker is on a business trip. However, a “distinct departure” is
more than a brief and incidental diversion.
If a worker simply stops for a short refreshment break, this may be regarded as a brief
and incidental diversion from the business trip and an employment connection may still
be found. The employment connection may be broken where the injury or death occurs
as a result of the worker’s involvement in social or recreational activities that are not
incidental to the business trip.
In the marginal cases, it is impossible to do better than weigh the business trip features
of the situation against the personal features to reach a conclusion as to whether the
injury or death arises out of and in the course of a worker’s employment.

Employment;
Item C3-18.00, Personal Acts;
Item C3-20.00, Employer Provided Facilities;
Item C3-22.10, Compensable Consequences – Travel, of the
#18.01, #18.10, #18.11, #18.12, #18.20, #18.21, #18.22, #18.30, #18.31,
February 24, 2004 − Former policy item #18.31 was revised and applied
to all decisions made on or after February 24, 2004, to clarify that
compensation is provided to workers from leaving home until their return
home, if the workers are required to make a special journey to the
employer’s premises or some other place where the job was to be done,
because of an emergency or for some other reason, provided the
workers do not deviate from their route.

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July 1, 2010.

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RE: Worker-Owned Tools and Equipment ITEM: C3-19.10
BACKGROUND

for personal injury or death sustained by a worker who provides his or her own tools or
equipment for employment.
2. The Act
Section 134(1):
POLICY
The fact that a worker is required to provide his or her own tools or equipment for a job
does not mean that carrying or transporting the tools or equipment to work or away from
work is part of the worker’s employment. In most instances, injuries or death associated
with carrying or transporting tools or equipment to or from work as part of a worker’s
regular commute do not arise out of and in the course of a worker’s employment.
The carrying or transporting of tools or equipment may be sufficiently connected to the

worker’s employment where the worker’s travel is not a regular commute and:
• the worker is a traveling employee; or

• the worker is on a business trip.
In such cases, an injury or death that results may be considered to arise out of and in
the course of a worker’s employment.


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Employment;
Item C3-19.00, Work-Related Travel, of the Rehabilitation Services &
This policy replaced former policy item #20.40 of the Rehabilitation
July 1, 2010.

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RE: Employer-Provided Facilities ITEM: C3-20.00
BACKGROUND

for personal injury or death resulting from the use of employer-provided facilities.
2. The Act
Section 134(1):

POLICY
an injury or death arises out of and in the course of a worker’s employment.
An injury or death that occurs when a worker uses an employer-provided facility may be
considered to arise out of and in the course of a worker’s employment.
An injury or death occurring in such circumstances generally is not considered to arise

out of and in the course of a worker’s employment if the injury or death results from
exposure to a hazard or risk introduced by the worker into the workplace for the
worker’s own purposes, if no other factors demonstrate an employment connection.
It is not essential that the personal property that causes the injury or death be
intrinsically hazardous. It is sufficient that it causes the injury or death in the particular
case.
Facilities commonly supplied by employers include the following:
A. Accommodation
The use of employer-provided accommodation by a worker is generally connected to

the worker’s employment where the employer requires the worker to use that

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accommodation, or there is no reasonable alternative accommodation. However, where
an employer is simply providing accommodation for the worker as an additional service,
and the availability of suitable alternative accommodation gives the worker a reasonable
choice between that provided by the employer and that provided by others, the worker’s
use of the employer’s accommodation is not connected to the employment.
Where a camp is isolated or for other reasons the worker has no reasonable choice
about staying in accommodation provided by the employer, injuries or death resulting
from the use of facilities on the camp site will normally be held to have arisen out of and
in the course of a worker’s employment. This applies not only to residential but also to
recreational facilities.
Even where the employer-provided accommodation is not isolated and there is other
available accommodation, an employment connection may exist where the employer-
provided accommodation is provided free of charge and the worker would have to pay
for other accommodation. In practice, most persons would stay in the employer-
provided accommodation in such a situation and only those who had existing homes
nearby would likely exercise the option to live elsewhere. The freedom of choice would
be more theoretical than real and this may indicate that an employment connection
extends to living in the employer-provided accommodation. While in the case of an
isolated camp, injuries or death resulting from the use of both residential and
recreational facilities will normally be held to have arisen out of and in the course of a
worker’s employment, the same will not necessarily be the case when the employer-
provided accommodation is located close to a town and alternative recreational
facilities. Economic factors may make a worker’s freedom to choose the worker’s own
residence largely theoretical, but this does not extend to the choice of recreation.
B. Parking Lots
For the purpose of determining whether an injury or death occurring in a parking lot
arises out of and in the course of a worker’s employment, the Board considers
Item C3-14.00 and the following additional questions. No single criterion is
determinative.
1. Was the parking lot provided by the employer?
If the employer provides a parking lot for the use of a worker, this weighs in favour of
coverage. However, the unauthorized use of a parking lot by a worker would normally
weigh against the acceptance of a claim. There may, however, be exceptions where
the employer, while not authorizing the parking, has condoned the practice by default in
failing to take action to prohibit the practice.

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2. Was the parking lot controlled by the employer?
If the parking lot is controlled by the employer, this weighs in favour of coverage. If
control does not exist, there may be other factors that demonstrate an employment
connection.
Control of a parking lot is not determined only by whether the parking lot is owned or
leased by an employer. In assessing if an employer controls a parking lot used by a
worker, the Board may also consider whether the employer was responsible for the
operation, maintenance, or repair of the parking lot, or had the ability to control access
to the parking lot.
In the absence of other factors demonstrating an employment connection, an injury or

death that occurs on a shopping centre or shopping mall parking lot designed primarily
for customer use and not controlled by the individual employer of a worker would not
normally be considered to arise out of and in the course of a worker’s employment.
3. Was the injury or death caused by a hazard of the parking lot?
If the injury or death was caused by a hazard of the parking lot, this weighs in favour of
coverage.
The term “hazard of the parking lot” is intended to limit acceptance to only injuries or
death which have an employment connection. This serves to distinguish between
injuries or death resulting from personal causes and those resulting from the
employment. In effect, the type of injury or death that would qualify for acceptance if it
occurred on a factory floor would also qualify for acceptance if it occurred in a parking
lot. For example, a slip on a pool of oil or a trip over an obstruction would weigh in
favour of coverage. On the other hand, workers who close their own car doors on their
fingers would not have their claims allowed. There will also be injuries or death which
are not a direct result of the parking lot which may be considered to arise out of and in
the course of a worker’s employment, such as a worker struck by a fellow employee’s
car while walking on the parking lot.
4. Did the injury or death occur on a parking lot that was contiguous to the
place of employment?
The word “contiguous” is defined as meaning both adjacent to and attached to.
If the injury or death occurs on a parking lot that is contiguous to the place of
employment, this weighs in favour of coverage. If the injury or death occurs on a non-
contiguous parking lot under the direction, supervision or control of an employer, this
also weighs in favour of coverage. In the absence of other factors demonstrating an
employment connection, injuries or death that occur while workers make their way
across and along public thoroughfares between the place of employment and the non-

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contiguous parking lot are not normally considered to arise out of and in the course of a
5. Did the injury or death occur proximal to the start or stop of a worker’s
shift?
In the absence of other factors demonstrating an employment connection, a significant

time gap between the time of the worker’s injury or death and the start or stop of the
worker’s shift, does not weigh in favour of coverage.
C. Lunchrooms
Injuries or death occurring in lunchrooms may be considered to arise out of and in the
course of a worker’s employment if the lunchroom is provided by the employer. This
does not extend to injuries or death sustained through eating food, unless the food was
provided by the employer, and the worker was specifically required to eat the food
provided by the employer, or the food was provided as part of the worker’s
remuneration.
An employment connection generally exists for traveling employees during normal meal
breaks. However, an employment connection generally does not exist where a non-
traveling worker chooses to have a coffee break in a coffee shop away from the
employer’s premises, rather than use the company facilities.
D. Medical Facilities
An injury or death that results from the use of medical or first aid facilities may be
considered to arise out of and in the course of a worker’s employment, where such
facilities are provided by the employer.

Employment;
Item C3-18.00, Personal Acts (Section A. Lunch, Coffee and Other
Breaks);
Item C3-19.00, Work-Related Travel, of the Rehabilitation Services &

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July 1, 2010.

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RE: Extra-Employment Activities ITEM: C3-21.00
BACKGROUND

for personal injury or death when engaged in extra-employment activities.
2. The Act
Section 1, in part:
“worker” includes the following:
(b) a person who
(i) is a learner who is not under a contract of service or

apprenticeship; and
(ii) becomes subject to the hazards of an industry within the

scope of the compensation provisions for the purpose of
undergoing training or probationary work specified by the
employer as a preliminary to employment;
...
Section 6:
(1) This section applies if the minister responsible for the School Act or
the minister responsible for the College and Institute Act, as
applicable, and the minister responsible for the administration of this
Act approve
(a) a vocational or training program, and
(b) a school or other location as a place at which the vocational or

training program is to be provided.
(2) The Board may, at the request of a minister referred to in

subsection (1), deem a person or class of persons enrolled in a

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program approved under that subsection to be a worker or workers of
the Crown in right of British Columbia.
(3) In relation to a person who is deemed to be a worker under

subsection (2), compensation under this Act is payable under the
compensation provisions for injuries to the worker arising out of and
in the course of training for that worker.
(4) As limits on subsection (3), if an injury results in a period of

temporary disability with no loss of earnings,
(a) subject to paragraph (b) of this subsection, a health care

benefit only is payable, and
(b) if training allowances paid by Canada or British Columbia are

suspended, the Board may, for the period the Board considers
advisable, pay compensation in the amount of the training
allowance.
(5) Admissions under this section may be made at the time, in the manner,
subject to the terms and conditions and for the period the Board considers
adequate and proper.
Section 134(1):

Section 339(3):

POLICY
Activities which people undertake outside the course of their employment are for their
own benefit, and injuries or death occurring in the course of these activities are
generally not compensable. However, some extra-employment activities may be
sufficiently connected to the worker’s employment as to be considered part of that
employment.

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In assessing these cases, the general factors listed under Item C3-14.00 are
considered. Item C3-14.00 is the principal policy that provides guidance in deciding
whether or not an injury or death arises out of and in the course of a worker’s
employment. All relevant factors must be considered and no single factor is
determinative. Relevant factors not listed in policy may also be considered. The
evidence is then weighed to determine whether the injury or death arose out of and in
the course of the worker’s employment. For decisions respecting the compensation or
rehabilitation of a worker, the standard of proof applied under section 339(3) the Act is
“at least as likely as not.”
A. Participation in Competitions
Subject to the general factors listed under Item C3-14.00, an injury or death sustained
by a worker while participating in, or while traveling to or from, an employment-related
competition (such as a first aid, mine rescue, or fire-fighting competition), is considered
to arise out of and in the course of the worker’s employment if all three of the following
conditions are satisfied.
1. The type of skill or knowledge that the competition is designed to test or

promote is connected to the worker’s employment. It is not necessary that
the worker function in the tested capacity regularly or on a full-time basis.
It is sufficient if the worker functions in the capacity on a standby basis
while having another regular job function (for example, a worker who also
serves the role of first aid attendant at his or her workplace).
2. The worker is a participant in the competition, not merely a spectator. The

worker is considered a participant if any of the following apply:
(a) the worker is a participating or reserve member of a competing

team;
(b) the worker is a coach or trainer;
(c) the worker is appointed or assigned to assist in the organization or

administration of the event; or
(d) the worker has job responsibilities relating to the skills being tested
in the competition, or is training for such responsibilities, and is
attending to improve the worker’s skill or knowledge relating to
those responsibilities.

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3. The worker’s participation in the competition is sponsored or requested in
some way by the employer. If the employer has not specifically requested
the worker to attend, this may be implied from the circumstances. For
example, a request for the worker to attend may be implied if any of the
following apply:
(a) the worker is paid for the whole or any part of the period of
participation;
(b) the worker is paid for the whole or any part of the time spent in
training for the event;
(c) the employer makes some contribution towards the expenses of the
worker for attending the event; or
(d) the employer provides supplies or equipment for the worker’s

participation or training for the event.
An injury sustained by a worker while practising or training for a competition may arise
out of and in the course of the worker’s employment, as discussed in Section B below.
B. Recreational, Exercise or Sports Activities
The organization of, or participation in, recreational, exercise or sports activities or

physical exercises is not normally considered to be part of a worker’s employment
under the Act. There are, however, exceptional cases when such activities may be
considered to have an employment connection. The obvious one is where the main job
for which a worker is hired is to organize and participate in recreational activities. There
may also be cases where, although the organization or participation in such activities is
not the main function of the job, the circumstances are such that a particular activity can
be said to be part of a worker’s employment.
i. Application of Item C3-14.00 Factors
applied when considering specific cases relating to recreational, exercise or sports
activities.
1. Part of Job
Was the activity part of the job? If so, this is a factor that favours coverage. For
example, a ski instructor injured while engaging in personal skiing activities unrelated to
the instruction of pupils would not be covered. However, coverage may be provided if
the skiing activity involved the instructor’s pupils and was deemed part of the teaching
activities.

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2. Instructions from the Employer
Was the worker instructed or otherwise directed by the employer to carry out the
exercise activity or to participate in the sports, exercise or recreational activity? For
example, did the employer direct, request or demand that the worker participate in an
activity as part of the worker’s employment? The clearer the direction, the more likely
this will favour coverage.
Was participation purely voluntary on the part of the worker? In some instances the
employer may simply sanction participation without directing or requesting participation.
If so, this is a factor that does not favour coverage.
3. During Working Hours
Did the recreational, exercise or sports activity occur during normal working hours? If
so, this is a factor that favours coverage.
Where recreational, exercise or sports activities occur outside of normal working hours,
including paid lunch breaks, this does not favour coverage. However, this factor does
not automatically preclude coverage. For example, coverage may be extended where a
teacher is injured while coaching or supervising a student soccer game in the
schoolyard during his or her lunch break or after school.
Coverage under the Act cannot be extended by an employer simply by labeling an

off-duty recreational, exercise or sport activity as mandatory.
4. Receipt of Payment or Other Consideration from the Employer
Was the worker paid a salary or other consideration while participating in the activity?
The payment of salary favours coverage. If salary or other consideration was not paid,
this does not favour coverage.
5. Supervision
Was the activity supervised by a representative of the employer having supervisory

authority? If so, this favours coverage. If the activity was not supervised, this does not
favour coverage.
Did the activity take place on the employer’s premises? If so, this is a factor favouring
coverage.
Coverage is normally not extended to recreational, exercise or sports activities

occurring off the employer’s premises. However, coverage is not automatically
precluded. Rather, a weighing of all relevant factors is required. For example,

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coverage may be extended where a teacher is injured while supervising students during
an off-site sports day during regular school hours organized by the employer.
ii. Factors Unique to Recreational, Exercise or Sports Activities
In addition to the factors in Item C3-14.00, the following factors may also be considered
in determining whether a recreational, exercise or sports-related injury or death arises
out of and in the course of a worker’s employment.
1. Fitness a Job Requirement
Was physical fitness a requirement of the job? This factor is concerned with whether
fitness is required in order to perform the job (e.g. muscle strength or aerobic capacity).
If physical fitness is a requirement of the job, this is a factor favouring coverage.
Fitness training or exercise is more likely to be viewed as a job requirement where a

significant degree of aerobic capacity or strength is needed to perform the job properly,
but the work itself does not provide sufficient conditioning. This may be the case, for
instance, for certain professionals such as police or firefighters, who may require the
ability to react quickly to sudden and strenuous emergencies.
It is recognized that any recreation or exercise activity which adds to a worker’s general
health and enjoyment of life may be said to assist them in their work and, therefore, to
benefit their employer. However, to cover these activities under the Act for that reason
alone would obviously be to expand its horizons far beyond what the Act intended.
2. Public Relations for Benefit of Employer
Was there an intention to foster good relations with the public, or a section of the public
with which the worker deals? A worker may have been injured while engaged in a
recreational, exercise or sport activity, on behalf of the employer, involving the public, or
a section of the public, which was clearly designed to foster good community relations.
If so, this is a factor favouring coverage.
C. Educational or Training Courses
Compensation coverage does not generally extend to injuries or death that occur during
educational or training courses. Such courses are generally for the worker’s own
benefit, and are not considered to have sufficient employment connection as to be
compensable.
i. Education Sufficiently Connected to the Employment
However, some types of educational or training courses may be sufficiently connected

to the worker’s employment as to be considered part of that employment.
Consideration is then given to the factors in Item C3-14.00 and any other relevant

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factors not listed in policy, and the evidence is weighed to determine whether the injury
or death arose out of and in the course of the worker’s employment.
Factors that may weigh in favour of coverage for injuries or death sustained during
educational or training courses include whether the education or training:
• took place on the employer’s premises;

• was for the benefit of the employer’s business;
• was undertaken at the direction of the employer;
• involved using equipment supplied by the employer;
• was during a time period for which the worker was being paid;
• was paid for by the employer; or
• was considered by the employer to be part of the worker’s job.
No single factor is determinative. In marginal cases, it is impossible to do better than

weigh the employment features of the education or training against the personal
features to reach a conclusion as to whether the test of employment connection has
been met.
ii. Education as Employment
In addition, there are three specific situations where the educational or training course is
considered to be the worker’s employment, and the question to be determined is
whether the injury or death arose out of and in the course of the worker’s education or
training itself:
• Board-recognized vocational or training programs under section 6 of the Act.
• Vocational rehabilitation programs undertaken as part of a Board-approved

rehabilitation plan (see Items C11-88.50 and C3-22.00).
• Pre-employment training or probationary work, undertaken by a person who is

not under a contract of service or apprenticeship, that was specified by an
employer as a preliminary to employment and which subjects the person to
the hazards of an industry within the scope of the compensation provisions of
the Act.
D. Fundraising, Charitable or Other Similar Activities
The organization of, or participation in, fundraising or charitable activities is normally not
considered to be part of a worker’s employment under the Act. There are, however,
certain cases when such activities may be considered sufficiently connected to the
worker’s employment as to be considered part of the worker’s employment.

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The factors listed in Item C3-14.00 are considered in determining whether coverage
should be provided for an injury or death sustained during a fundraising or charitable
activity. All relevant factors must be considered and no single factor is determinative.
Relevant factors not listed in policy may also be considered.
The above guidance does not apply to persons who are employees of charitable or
other like agencies which are covered under the Act, or to persons from other
companies who are seconded for a period of time to work with such agencies and who
are considered workers of those agencies under the Act.

CROSS REFERENCES: Policy item #7.10, Coverage for Volunteer Firefighters;
Item C3-12.20, Commencement and Termination of the Employment
Relationship;
Item C3-14.00, Arising Out of and In the Course of a Worker’s
Employment;
Item C11-88.50, Vocational Rehabilitation – Formal Training;
HISTORY: October 21, 2020 − Housekeeping amendments to the Act portion of the
Background section to reflect amendments to the Act by the Workers
Compensation Amendment Act, 2020 (Bill 23 of 2020), in effect
August 14, 2020.
issue of standard of proof.
items #20.00, #20.10, #20.20, #20.30 and #20.50 of the Rehabilitation
June 1, 2004 – Former policy item #20.20 was amended to clarify each
of the factors listed in policy and to indicate which factors favour
coverage. As part of the review of former policy item #20.20, former
policy item #20.50 was also amended to clarify that fundraising or
charitable activities are not normally considered to be part of a worker's
employment, though in certain circumstances such activities may be
covered; cross-reference former policy item #14.00; and delete
discussion of the test in then section 5(1) of the Workers Compensation
Act, R.S.B.C. 1996, c. 492. Changes to both former policies applied to
all injuries on or after June 1, 2004.

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RE: Compensable Consequences ITEM: C3-22.00
BACKGROUND
This policy provides general guidance for determining a worker’s entitlement to

compensation for a further injury, increased disablement, disease, or death that is a
consequence of a compensable injury.
2. The Act
Section 134(1):

(1) Health care provided … must at all times be subject to the direction,
supervision and control of the Board …
(2) All questions as to the necessity, character and sufficiency of health care
to be provided are to be determined by the Board.
...
Section 160:
(1) The Board must permit health care to be administered, so far as the
selection of a physician or qualified practitioner is concerned, by a
physician or qualified practitioner who may be selected or employed by
the injured worker.
(2) Subsection (1) does not limit the powers of the Board under this Division
respecting the supervision and provision of health care in every case
where the Board considers the exercise of those powers is expedient.

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(1) In this section:
“former Act” means the Workers Compensation Act,

R.S.B.C. 1996, c. 492;
“transition date” means June 30, 2002, being the date on which this
section came into force.
(2) This section applies to an injury that occurred before the transition date.
(3) Subject to subsections (4) to (8), the former Act, as it read immediately
before the transition date [June 30, 2002], applies to an injury that
occurred before the transition date [June 30, 2002].
(4) Subject to subsections (5) to (8), if a worker’s permanent disability first

occurs on or after the transition date [June 30, 2002] as a result of an
injury that occurred before the transition date [June 30, 2002], this Act
applies to the permanent disability.
(8) If a worker has, on or after the transition date [June 30, 2002], a
recurrence of a disability that results from an injury that occurred before
the transition date [June 30, 2002], the Board must determine
compensation for the recurrence based on this Act.
Section 125(1):
The Board may at any time, on its own initiative or on application, reopen a
matter that had been previously decided under a compensation provision by
the Board or an officer or employee of the Board if, since the decision was
made in the matter,
(a) there has been a recurrence of a worker’s injury, or
(b) there has been a significant change in a worker’s medical

condition that the Board has previously decided was
compensable.
POLICY
If a worker’s original compensable injury was before June 30, 2002, the compensable
consequences of that injury are adjudicated under the policies in Volume I of the

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Rehabilitation Services & Claims Manual. The only exception to this rule occurs when
the claim falls under the transitional provisions of section 229(4) or (8) of the Act. In
these situations, the further permanent disability or recurrence of disability is
adjudicated under the policies contained in Volume II. Please refer to policy item #1.03
of Volume I or II for further guidance with respect to these claims.
A. Compensable Consequences of Employment-Related Injuries
Once it is established that an injury arose out of and in the course of a worker’s
employment, the question arises as to what consequences of that injury are
compensable. While the worker may be entitled to health care benefits for as long as
the worker continues to experience the effects of the compensable injury itself, not all
consequences of employment-related injuries are also compensable.
Looking at the matter broadly and from a “common sense” point of view, the Board
considers whether the compensable injury, or the worker’s condition resulting from the
compensable injury, was of causative significance in the further injury, increased
disablement, disease, or death. If the compensable injury, or the worker’s condition
resulting from the compensable injury, was of causative significance in the further injury,
increased disablement, disease, or death, then the further injury, increased
disablement, disease, or death is sufficiently connected to the compensable injury so
that it forms an inseparable part of the compensable injury and is therefore also
compensable.
This is distinct from a recurrence of the worker’s compensable injury. (See Item
C14-102.01.)
If a compensable injury accelerates a worker’s need for treatment for a pre-existing non-
compensable condition, the Board accepts responsibility for both the treatment and the
consequences of that treatment. This is so even if such treatment would likely have
been required at some point in the future in any event. In these circumstances,
consideration is then given to relief of costs under section 240(1)(d).
B. Aggravation Due to Subsequent Non-Compensable Incidents
A subsequent non-compensable incident may include:
• sustaining a non-compensable injury, condition, disease, or disability; or
• undergoing surgery, tests or other treatment for a non-compensable injury,

condition, disease, or disability.
In the event that a worker temporarily suspends treatment for a compensable injury
because of personal reasons, such as a family emergency or a vacation, this would not
be considered a subsequent non-compensable incident.

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If a worker’s condition resulting from the compensable injury is aggravated by a
subsequent non-compensable incident, the Board does not consider the subsequent
non-compensable incident to form part of the compensable injury, or that the increased
level of disability is compensable. This is true regardless of the fact that the subsequent
non-compensable incident would not have been as significant if the condition that
resulted from the compensable injury had not existed.
The only exception to this is if the condition resulting from the compensable injury
actually causes the fall or other non-compensable incident that brings about the
aggravation.
C. Compensable Consequences of Treatment
Where a further injury, increased disablement, disease, or death arises as a direct

consequence of treatment for a compensable injury, it is sufficiently connected to the
original employment-related injury as to form part of that injury. The further injury,
increased disablement, disease, or death is therefore considered to arise out of and in
the course of a worker’s employment and is also compensable.
Where a worker is undergoing treatment for a compensable injury, the place of

treatment is analogous to a place of employment. A further injury, increased
disablement, disease, or death arising at the place of treatment is compensable
provided it is consistent with the worker being at the place of treatment for the purpose
of treatment and does not result from activities of a personal nature. The further injury,
increased disablement, disease, or death in these cases is compensable because it is
sufficiently connected to the original employment-related injury so that it forms part of
that injury and is therefore considered to arise out of and in the course of the worker’s
employment. For example, if a worker is undergoing treatment at a hospital for a
compensable injury and sustains a further injury by stumbling down the stairs in the
hospital while en route to a treatment appointment, the further injury is also
compensable.
While the Board does pay compensation for injuries, increased disablement, disease, or
death arising as a direct consequence of treatment for a compensable injury, this does
not extend to further injuries, increased disablement, diseases, or death that result from
ordinary exercises performed at home long after the worker has recovered, the
condition has stabilized, or the worker is in receipt of permanent disability benefits.
Such exercises are usually for the purpose of preventing further problems rather than
for treating an existing condition.
D. Compensable Consequences of Surgery
Ordinarily, when a worker undertakes surgery for a compensable injury, the

consequences of the surgery are considered to be sufficiently connected to the original
compensable injury as to form part of that injury. Any further injury, increased

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disablement, disease, or death resulting from the surgery is treated as compensable on
the basis that it arose out of and in the course of a worker’s employment.
In cases where the Board has declined to authorize surgery and the worker undertakes
it anyway, the worker might be viewed as having introduced an intervening cause of
injury, increased disablement, disease, or death so that the further injury, increased
disablement, disease, or death is not sufficiently connected to the original compensable
injury as to form part of that injury. To determine whether the worker has introduced an
intervening cause, the Board considers the pre-operative opinion of the treating
physician or surgeon that the worker would benefit from the surgery, the operative
report, and any other relevant medical information. However, the connection between
the original compensable injury and the further injury, increased disablement, disease,
or death is not severed simply because the surgery was not authorized by the Board.
The above rules only apply where the surgery resulted from the compensable injury.
The Board accepts no responsibility for the cost of surgery or any resulting injury,
increased disablement, disease, or death where the surgery was not a consequence of
the compensable injury.
E. Compensable Consequences of Board-Related Assessments
Where a worker is attending at the Board or the Workers’ Compensation Appeal

Tribunal by prearranged appointment for the purpose of an enquiry, medical
examination, interview, discussion, review or appeal in respect of a claim which has
been accepted, or which is subsequently accepted, and where the worker suffers a
further injury, increased disablement, disease, or death arising out of and in the course
of such an appointment, the further injury, increased disablement, disease, or death
may be compensable.
Where a worker sustains a further injury, increased disablement, disease, or death

while participating in a vocational rehabilitation program undertaken as part of a Board-
approved rehabilitation plan, the further injury, increased disablement, disease, or death
may be regarded as a compensable consequence of the compensable injury.

CROSS REFERENCES: Policy item #1.03, Scope of Volumes I and II in Relation to
Compensation for Injured Workers;
Employment;
Item C3-22.10, Compensable Consequences – Travel;
Item C3-22.20, Compensable Consequences – Pain and Chronic Pain;
Item C3-22.30, Compensable Consequences – Psychological
Impairment;

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Item C3-22.40, Compensable Consequences – Certain Diseases and
Conditions;
Item C10-72.00, Health Care – Introduction;
Item C10-73.00, Direction, Supervision, and Control of Health Care;
Policy item #115.30, Experience Rating Cost Exclusions;
Policy item #115.34, Experience Rating Exclusions for Certain
Compensable Consequences, of the Rehabilitation Services & Claims
Manual, Volume II.
HISTORY: October 21, 2020 − Amended to reflect amendments to health care
provisions of the Act by the Workers Compensation Amendment
Act, 2020 (Bill 23 of 2020), in effect August 14, 2020.
#22.10, #22.11, #22.12, #22.13, #22.20 and #22.21 of the Rehabilitation
February 1, 2004 − Former policy items #22.00, #22.10, #22.11, and
#22.21 were amended to clarify respectively that, if the work injury was a
significant cause of a further injury, then the further injury forms part of
the work injury; a further injury arising out of the place of treatment is
compensable provided it is consistent with the worker being at the place
of treatment for the purpose of treatment and does not result from
activities of a personal nature; when a worker undertakes surgery for a
work injury, the consequences of the surgery are considered to be
sufficiently connected to the original work injury as to form part of that
injury; and a further injury is compensable because it is sufficiently
connected to the original work injury as to form part of that injury. Any
further injuries or disablement are compensable on the basis that they
arose out of and in the course of the employment. These amendments
applied to all decisions, including appellate decisions, made on or after
February 1, 2004 regardless of the date of the original work injury or the
further injury.
APPLICATION: Applies to all decisions made on or after October 21, 2020, respecting

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RE: Compensable Consequences – ITEM: C3-22.10

Travel
BACKGROUND

for a further injury, increased disablement or death that occurs during travel undertaken
as a consequence of a compensable injury.
2. The Act
Section 134(1):

caused to the worker, compensation as provided by this Part must be paid
by the Board out of the accident fund.
POLICY
A. Generally Non-Compensable Travel
The places of treatment, appointment or rehabilitation that a worker attends because of

a compensable injury are considered analogous to the worker’s place of employment.
Travel to and from places of treatment, appointment or rehabilitation, are therefore
considered analogous to the worker’s regular commute to and from work. For this
reason, further injuries, increased disablement or death sustained in the course of this
travel are not generally compensable. This includes such travel as:
• going to the office of the attending physician for advice, examination or

treatment;
• attending for diagnostic imaging services or laboratory tests when associated

with a visit to the office of the attending physician and not involving a special
journey from home;
• traveling to undergo a course of treatments, whether at the office of a medical

specialist, the out-patient department of a hospital, a physiotherapist’s office,
or any other type of health care provider;

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• travel to a drugstore for the purchase of drugs or other medical supplies; or
• travel to an optician or optometrist, prosthetist, orthotist, or hearing aid service

provider in connection with medical supplies or the fulfillment of prescriptions.
Any injuries, increased disablement or death sustained in the course of travel for any
other types of visits or attendances which are part of a routine (analogous to traveling to
and from work) or which are analogous to personal shopping are also not compensable.
B. Generally Compensable Travel
On the other hand, further injuries, increased disablement or death sustained in the
course of a special or exceptional journey may be compensable because the special or
exceptional journey is sufficiently connected to the compensable injury and is not
analogous to a regular commute.
1. Emergency Transportation
Where a compensable injury has just occurred and a worker is being transported to a
hospital or other place of emergency treatment, and a further injury, increased
disablement or death occurs in the course of such transportation, the further injury,
increased disablement or death may also be compensable. This is so whether the
worker is traveling on foot, by ambulance, by automobile, by aircraft, or by any kind of
vehicle; and it is so regardless of the ownership of the vehicle, and regardless of
whether the worker is driving the vehicle or being carried as a passenger.
2. Treatment-Related Vehicles
If a worker is traveling to or from a place of treatment for a compensable injury and

sustains a further injury, increased disablement or death while traveling in a vehicle that
is provided by an institution engaged in the provision of treatment, or in the provision of
a vehicle for the conveyance of patients for treatment, the further injury, increased
disablement or death may be compensable.
3. Exceptional Travel
If a worker is traveling by prearranged appointment to a place of exceptional medical

treatment, or for an exceptional examination, an injury, increased disablement or death
that occurs in the course of travel to or from that place of treatment may be
compensable. This includes such travel as:
• traveling to a hospital for admittance as an inpatient, or traveling home

following discharge from a hospital as an inpatient;
• traveling to any other place of special treatment that involves living

away from home for the duration of the treatment;

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• traveling in relation to a referral by the attending physician to a

specialist for a special examination or treatment (but not for a course of
treatments);
• traveling for diagnostic imaging services or laboratory tests where this

involves a special journey separate from any attendance for routine
treatment;
• traveling to a social or rehabilitation agency in connection with

assistance in the diagnosis, handling, treatment or care of medical or
rehabilitation problems related to the compensable injury on referral by
the attending physician, or by the Board;
• traveling on referral by a physician or qualified practitioner to another

physician or qualified practitioner for a second opinion;
• traveling for a medical examination at the Board by prearranged

appointment with the Board, or for a medical examination elsewhere
approved by the Board in connection with a compensable injury;
• traveling to or from the Board for a prearranged appointment for the

purpose of an enquiry, interview, discussion, or review in respect of a
claim that has been accepted, or that is subsequently accepted; or
• traveling to or from a prearranged appointment at the Workers'

Compensation Appeal Tribunal in respect of a claim that has been
accepted, or that is subsequently accepted.

Employment;
Manual, Volume II.
February 1, 2004 − Former policy item #22.15 was amended to clarify
that travel to the place of treatment is generally comparable to a regular
commute to work, but, where a worker is injured in the course of a
special or exceptional journey for medical treatment, the further injury is

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compensable. Any further injuries or disablement are compensable on

the basis that they arose out of and in the course of the employment.
This amendment applied to all decisions, including appellate decisions,
made on or after February 1, 2004 regardless of the date of the original
work injury or the further injury.
July 1, 2010.

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Pain and Chronic Pain
BACKGROUND

for pain or chronic pain as a compensable consequence of a worker’s personal injury.
2. The Act
Section 134(1):

POLICY
A worker’s pain symptoms may be accepted as compensable where the evidence

indicates that the pain results as a consequence of an employment-related injury or
occupational disease. This policy discusses the scope of coverage in cases where pain
is accepted as compensable. Pain is not assessed as a psychological impairment.
A. Definitions
Pain is an unpleasant sensory and emotional experience associated with actual or

potential tissue damage or described in terms of such damage. It includes cognitive,
affective, behavioural and physiological components.
The Board recognizes three main stages of pain:
• Acute pain is pain that coincides with a traumatic injury or disease and the
early stages of recovery. In the vast majority of cases acute pain eventually
resolves, either spontaneously or with some form of treatment.
• Subacute pain is pain that an injured worker continues to experience four to

six weeks after a traumatic injury or disease.
• Chronic pain is pain that persists six months after an injury or occupational
disease and beyond the usual recovery time for that injury or disease.

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Chronic pain is further distinguished as either specific or non-specific as set
out in policy item #39.02.
Usual recovery times for injuries or diseases are based on medical protocols and
procedures adopted by the Board. These medical protocols set out the points in time,
after an injury, when a worker should regain pre-accident functional ability, or reach
maximum medical recovery.
In determining the appropriate recovery time for an injury, the Board may, in
consultation with a Board Medical Advisor, consider the medical protocols as well as
other factors such as the worker’s pre-injury health status and any treatments received
that would likely impact the recovery time of the compensable injury.
B. Early Intervention – Acute and Subacute Pain
Early intervention involves the provision of early return to work assistance and/or
focused multidisciplinary treatment and rehabilitation, to expedite the worker’s medical
recovery and return to work. Early intervention at the acute or subacute stages of pain
is essential as both rehabilitation and prevention measures in deterring the development
of chronic pain. Studies indicate that even with some residual or recurrent pain
symptoms, workers do not have to wait until they are completely pain free to return to
work. Early intervention should be incorporated into the worker’s rehabilitation plan.
i. Early Return to Work Assistance
In the majority of cases following an injury, a worker is able to return to work shortly
after an injury without Board assistance. The provision of early return to work
assistance for a worker experiencing acute or subacute pain that is affecting the
worker’s return to work efforts will be considered as soon as the worker is medically
able to participate. The Board will coordinate the worker’s early return to work plan in
collaboration with the worker, the attending physician, a Board Medical Advisor, the
employer and treating clinicians as needed.
In developing an early return to work plan, the Board may consider the worker’s
entitlement to vocational rehabilitation programs and services such as graduated return
to work assistance, placement assistance and work site/job modifications where the
Board concludes that they will assist in a worker’s return to work.
ii. Multidisciplinary Treatment and Rehabilitation
In certain cases, the Board may consider it appropriate to refer the worker for focused
multidisciplinary treatment and/or rehabilitation intervention. These interventions are
preferred in cases where the Board concludes that they will assist in the worker’s early
return to work. The Board may also consider these interventions where they will assist
in preventing the onset of chronic pain.

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In making this determination, the Board may consult with a Board Medical Advisor
and/or a Board Psychologist. The worker’s attending physician may also be consulted
to confirm his or her agreement with the proposed intervention.
A multidisciplinary approach may include one or more of the following: medical

management, physical conditioning, work conditioning, pain and stress management,
ergonomic consultation, and vocational counseling and placement.
In determining what specific treatment or rehabilitation intervention is appropriate for a

worker, the Board may refer the worker for a multidisciplinary assessment. A
multidisciplinary assessment is an evaluation of the worker by a physician, a
psychologist, a physiotherapist, an occupational therapist, or other provider as the
Board determines appropriate.
A multidisciplinary assessment may involve consideration of the worker’s medical

history, health status, physical limitations, psychological state, behaviour, and
workplace issues. The evaluation will provide an opinion on the treatment or
rehabilitation intervention, or combination of interventions that would be appropriate to
aid in the worker’s recovery and return to work.
iii. Early Intervention – Chronic Pain
In all cases where the Board considers that a worker may be experiencing chronic pain
symptoms, a multidisciplinary assessment must be undertaken. This evaluation will
provide an opinion on whether a worker is experiencing chronic pain as a consequence
of a compensable injury. The evaluation will also provide an opinion on the appropriate
course of treatment and rehabilitation for the worker.
C. Compensation
Where a worker is participating in treatment and/or rehabilitation for temporarily

disabling pain, a worker’s entitlement to temporary wage-loss benefits may be
considered under section 191 or 192 of the Act.
Where chronic pain is considered by the Board to become permanent, entitlement to

permanent partial disability benefits may be considered under section 195 of the Act.

Employment;
Impairment;

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Chapter 5 – Wage-Loss Benefits;
Chapter 6 – Permanent Disability Benefits;
Policy item #39.02, Chronic Pain;
Chapter 11 – Vocational Rehabilitation;
Item C11-88.00, Vocational Rehabilitation − Nature and Extent of
Programs and Services, of the Rehabilitation Services & Claims Manual,
Volume II.
July 1, 2010 – This policy replaced former policy item #22.35 of the
January 1, 2003 − Former policy item #22.35 was created to set out the
scope of coverage in cases where pain is accepted as compensable;
applied to all new claims received and all active claims awaiting an initial
adjudication of chronic pain on a claim.

C3-22.20
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Psychological Impairment
BACKGROUND

for psychological impairment as a compensable consequence of a worker’s personal
injury.
2. The Act
Section 134(1):
POLICY
Psychological impairment may be accepted as compensable where the evidence

indicates that it results as a consequence of an employment-related injury or
occupational disease.
It cannot be assumed that a psychological impairment exists simply because the worker
has unexplained subjective complaints or is having difficulty in psychologically or
emotionally adjusting to any physical limitations resulting from a compensable injury or
disease. There must be evidence that the worker has a psychological impairment.
The worker may be entitled to health care benefits for as long as the worker has a
psychological impairment that is a compensable consequence of an injury accepted
under section 134(1) or occupational disease accepted under section 136(1). When the
psychological impairment is temporarily disabling, the worker is also entitled to
wage-loss benefits under section 191 or 192 of the Act.
When the psychological impairment becomes permanent, it will be necessary to

determine whether there is entitlement to permanent disability benefits. The decision-
making procedure for assessing entitlement to permanent disability benefits for
psychological impairment is found in policy item #39.01.

C3-22.30
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CROSS REFERENCES: Item C3-12.00, Personal Injury;
Employment;
Item C3-22.20, Compensable Consequences – Pain and Chronic Pain;
Chapter 5 – Wage-Loss Benefits;
Policy item #39.01, Decision-Making Procedure under Section 195(1);
Item C10-72.00, Health Care – Introduction, of the Rehabilitation
July 1, 2010.

C3-22.30
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Certain Diseases and Conditions
BACKGROUND

for certain specific diseases or conditions that may be considered a compensable
consequence of a worker’s personal injury.
2. The Act
Section 134(1):
POLICY
Once it is established that an injury arose out of and in the course of a worker’s
employment, a disease or condition beyond the immediate physical damage caused by
the compensable injury may also be considered to be a consequence of the
compensable injury. If the compensable injury was of causative significance in the
subsequent disease or condition, then the subsequent disease or condition is
sufficiently connected to the worker’s compensable injury as to be considered to arise
out of and in the course of the worker’s employment, and is therefore also
compensable.
A. Suicide
In a case of suicide, death benefits are payable if it is established that the suicide
resulted from a compensable injury.
If the employment-related compensable injury was of causative significance in the

suicide, then the suicide is sufficiently connected to the employment-related injury as to
also be compensable. Consideration is given to the worker’s mental health history and
any evidence of causal connections between the employment-related injury and the
suicide.

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B. Cancer
In claims where trauma is alleged to be the cause of cancer, the following five criteria
should be satisfied before a cancer can be considered to be traumatically induced.
1. Authenticity and adequacy of trauma.

2. Previous integrity of the wounded part.
3. Origin of tumour at exact point of injury.
4. Reasonable time limit between injury and time of appearance of tumour.
5. Positive diagnosis of the presence and nature of the tumour.
Reviews of the medical literature have been completed to ascertain whether or not there
is new evidence to associate trauma as a causal agent in cancer.
Except in the case of skin cancer, there is little firm evidence to associate trauma with
cancer as an etiologic agent. Although there is general recognition of what has been
called “traumatic determinism”, i.e. that an injury may call the person’s attention to a
pre-existing tumour, there is no known causal relationship between trauma and bone
cancer.
C. Alcoholism and Drug Dependency Problems
Where it is claimed that an alcohol or drug dependency problem was caused or made
worse by a compensable injury, the compensability of the alcohol or drug dependency
problem is thoroughly investigated in the same manner as followed in investigating the
relationship of other problems to an injury. Because of the psychological nature of
alcohol and drug dependency problems, this investigation would normally include a
reference to a Board Psychologist, though the decision on acceptability will be made by
the Board officer adjudicating the claim. Any pre-existing alcohol or drug dependency
problems are treated in the same way as any other pre-existing condition. The Board
determines whether the worker’s alcohol or drug dependency problem is a continuation
of a pre-existing alcohol or drug dependency problem, or has resulted from or been
made worse by the compensable injury.
If the Board accepts one alcohol or drug dependency problem as a compensable

consequence of an injury, it does not mean the Board will accept all such problems.
Any further or subsequent alcohol or drug dependency problem is investigated,
following the procedure set out above. The Board determines whether the further
alcohol or drug dependency problem is related to the compensable injury and the
previously accepted alcohol or drug dependency problem, or to some pre-existing
condition or other cause.
Policy regarding the prescription of narcotics and other drugs of addiction is set out in
Item C10-80.00.

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Compensation for alcoholism as an occupational disease is addressed in Section C. of
Item C4-32.00.

Employment;
Impairment;
Item C4-32.00, Other Matters (Section C.i. Alcoholism);
Item C10-80.00, Potentially Addictive Drugs, of the Rehabilitation
January 1, 2015 – Consequential amendments were made arising from
changes to Chapter 10, Health Care, Rehabilitation Services & Claims
Manual.
January 1, 2014 – This policy was revised to delete section B, Multiple
Sclerosis.
items #22.22, #22.30, #22.31, #22.32, and #22.34 of the Rehabilitation
The criteria to be met before considering whether a cancer is
traumatically induced set out in former policy item #22.32 was derived
from J. Ewing’s “Modern Attitude Toward Traumatic Cancer”, Archives of
Pathology 19:690-728, 1935. The statement that there is no causal
relationship between bone cancer and trauma is based on the following
four studies:
Coley, W.B.; Neoplasms of Bone, Paul Haber Inc., 2nd ed., 1960;
Dahlin, David C.; Bone Tumours, Charles C. Thomas, 3rd ed., 1978;
Monkman et al.; Trauma and Oncogenesis, Mayo Clinic Proceedings
49:157-163, March 1974; and
Pritchard et al.; The Etiology of Osteosarcoma, Clinical Orthopedics and
Related Research, 111:14-22, September 1975
claims for injuries occurring on or after January 1, 2014.

C3-22.40
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RE: Replacement and Repair of Personal ITEM: C3-23.00

Possessions – Section 161(1)
BACKGROUND
This policy provides an introduction to the compensation available for the replacement
and repair of artificial appliances, eyeglasses, dentures and hearing aids.
This policy also explains the compensation available for other personal possessions of
a worker that are damaged or broken at work and the application of section 161(1) to
federal government employees.
2. The Act
Section 1, in part:
...
Section 161(1):
The Board may assume the responsibility of replacement and repair of the
following for a worker:
(a) artificial appliances, including artificial members damaged or broken

as the result of an accident arising out of and in the course of the
worker’s employment;
(b) eyeglasses, dentures and hearing aids broken as a result of an

accident arising out of and in the course of the worker’s employment
if
(i) that breakage is accompanied by objective signs of personal

injury to the worker, or
(ii) where there is no personal injury, the accident is otherwise

corroborated and the Board is satisfied the worker was not at
fault.

C3-23.00
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POLICY
A. Authority under Section 161(1)
Compensation may be paid where artificial appliances are damaged or broken as a

result of an accident arising out of and in the course of the worker’s employment.
Compensation may also be paid where eyeglasses, dentures or hearing aids are broken
as a result of an accident arising out of and in the course of the worker’s employment.
B. Personal Possessions
Except for the circumstances set out in section 161(1) of the Act regarding artificial
appliances, eyeglasses, dentures and hearing aids damaged or broken as the result of
an accident arising out of and in the course of the worker’s employment, the Board
cannot accept responsibility for damage to a worker’s personal possessions.
C. Replacement and Repair Costs
When a claim satisfies the requirements of section 161(1), the worker is reimbursed the
amount charged by the supplier or repairer of the appliance in question. The amount
payable is not limited to what the Board would pay for a similar appliance required for a
worker as the result of an injury covered by section 134(1) of the Act.
D. Federal Government Employees
Section 4 of the Government Employees Compensation Act, R.S.C. 1985, c. G-5

provides that employees of the federal government are only eligible for compensation
where there has been a work-related accident causing personal injury (or disability
resulting from an occupationally-acquired disease). For this reason, health care
coverage by the Board is limited to those situations where the worker also sustains a
personal injury. Therefore, the Board does not assume responsibility for the
replacement or repair of a federal employee’s damaged artificial appliances or broken
artificial appliances, eyeglasses, dentures and hearing aids, unless the accident that
caused the damage or breakage also caused the worker personal injury.

CROSS REFERENCES: Item C3-23.10, Section 161(1)(a) – Artificial Appliances;
Item C3-23.20, Section 161(1)(b) – Eyeglasses, Dentures and Hearing
Aids;

C3-23.00
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Item C3-23.30, Section 161(1) – Wage-Loss Benefits During the

Replacement or Repair Period, of the Rehabilitation Services & Claims
Manual, Volume II.
This policy replaced former policy item #23.00 and incorporates concepts
from former policy items #23.10, #23.40 and #23.70 of the Rehabilitation
July 1, 2010.

C3-23.00
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RE: Section 161(1)(a) – Artificial Appliances ITEM: C3-23.10
BACKGROUND
This policy sets out the criteria that must be met for a worker to be entitled to
compensation for the replacement or repair of artificial appliances.
2. The Act
Section 1, in part:
...
Section 161(1):

worker’s employment;
POLICY
A. Definitions
“Artificial appliances” include:
• prosthetic devices, e.g., prosthetic eyes, prosthetic noses, implants,

mastectomy bras, prosthetic limbs, etc.
• orthotic devices, e.g., spinal orthoses, knee braces, modified footwear, etc.

C3-23.10
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• assistive technology devices specifically related to mobility, e.g., crutches,

canes, walkers, scooters, manual wheelchairs, power wheelchairs, etc.
This is not an exhaustive list.
B. Factors for Coverage
The Board may assume the responsibility for replacement and repair of artificial
appliances if both of the following conditions are met:
i. The artificial appliance is damaged or broken.
The Board also assumes responsibility if the artificial appliance is lost or

inaccessible as the result of an accident, if it is reasonable to assume that it is in
fact broken.
There is no legislated requirement that the breakage or damage of the artificial

appliance be accompanied by objective signs of personal injury, or corroboration
of the accident and proof that the worker was not at fault, as is necessary for
broken eyeglasses, dentures and hearing aids.
ii. The damage or breakage of the artificial appliance is the result of an accident
arising out of and in the course of the worker’s employment.
A chance event involving damage or breakage to the artificial appliance without

any personal injury to the worker is only considered an “accident” for the
purposes of section 161(1) if it had the potential or reasonable probability of
causing harm or personal injury to the worker.

CROSS REFERENCES: Item C3-14.20, Accident – Section 134(3) Presumption;
Section 161(1);
Aids;
Item C3-23.30, Section 161(1) – Wage Loss Benefits During the
Replacement or Repair Period, of the Rehabilitation Services & Claims
Manual, Volume II.

C3-23.10
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Incorporates concepts from former policy items #23.30 and #23.40 of the
July 1, 2010.

C3-23.10
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RE: Section 161(1)(b) – Eyeglasses, Dentures and ITEM: C3-23.20

Hearing Aids
BACKGROUND
This policy sets out the criteria that must be met for a worker to be entitled to
compensation for the replacement or repair of eyeglasses, dentures and hearing aids.
2. The Act
Section 1, in part:
...
Section 161(1), in part:

if


fault.

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Page 1 of 4
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POLICY
A. Definitions
“Eyeglasses” include contact lenses.
“Dentures” do not include dental crowns or fixed bridgework, which are regarded as part
of the anatomy, and adjudicated under section 134(1).
B. Factors For Coverage
In determining whether to assume responsibility for the replacement and repair of

eyeglasses, dentures and hearing aids, the following questions are considered:
i. Were the eyeglasses, dentures or hearing aids broken?
The Board also assumes responsibility if the eyeglasses, dentures and hearing
aids are lost or inaccessible as the result of an accident, if it is reasonable to
assume that they are in fact broken.
ii. Was the breakage a result of an accident arising out of and in the course of
the worker’s employment?
A chance event involving breakage to the eyeglasses, dentures or hearing aids

without any personal injury to the worker is only considered an “accident” for the
purposes of section 161(1) if it had the potential or reasonable probability of
causing harm or personal injury to the worker.
iii. Did the worker suffer a personal injury?
If there are objective signs of personal injury, the Board may assume the
responsibility for replacement and repair of the broken eyeglasses, dentures and
hearing aids.
If there are no objective signs of personal injury, the following further questions
are also considered:
(a) Can the accident be otherwise corroborated?
It is not sufficient for the worker to simply provide evidence that the
breakage or damage has occurred, nor is it sufficient for the worker to
simply report that an accident has occurred. Rather, there must be some
corroboration of the worker’s evidence that will support the worker’s
statement of the facts.

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Normally corroboration consists of the evidence of witnesses to the
accident. However, where there are no such witnesses, other evidence
that suggests that an accident had occurred will be considered. This may
include a worker’s spontaneous exclamation of the accident, the evidence
of others who had overheard the exclamation, or other circumstantial
evidence which suggests that an accident had occurred.
(b) Is the Board satisfied the worker was not at fault?
Any negligent or careless act or omission of the worker is weighed against

the causative significance of the worker’s employment in contributing to
the breakage of the eyeglasses, dentures or hearing aids.
Minor lapses of attention are reasonable to expect from the average

worker in the normal course of work and will not generally outweigh the
employment aspects of the situation.
After weighing all the relevant factors, if the worker’s negligence is

considered more than a trivial or insignificant cause of the breakage, the
worker is considered to be at fault, and the Board will not assume the
responsibility of replacement or repair of the broken eyeglasses, dentures
or hearing aids. Alternatively, if there is no negligence, or the worker’s
negligence is considered trivial or insignificant, the worker is not
considered to be at fault, and the Board will assume responsibility for the
necessary replacement or repair of the broken item.

Item C3-14.20, Accident – Section 134(3) Presumption;
Section 161(1);
Policy item #97.00, Evidence;
Policy item #97.10, Evidence Evenly Weighted;
Policy item #97.20, Presumptions;
Policy item #97.30, Medical Evidence;
Policy item #97.31, Matter Requiring Medical Expertise;
Policy item #97.32, Statement of Worker about Own Condition;
Policy item #97.33, Statement by Lay Witness on Medical Question;
Policy item #97.34, Conflict of Medical Opinion;
Policy item #97.35, Termination of Benefits;
Policy item #97.40, Permanent Disability Benefits;
Policy item #97.50, Rumours and Hearsay;
Policy item #97.60, Lies;
Policy item #97.70, Surveillance, of the Rehabilitation Services & Claims
Manual, Volume II.

C3-23.20
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Incorporates concepts from former policy items #23.20, #23.30, #23.40,
#23.50, and #23.60 of the Rehabilitation Services & Claims Manual,
Volume II.
July 1, 2010.

C3-23.20
Page 4 of 4
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RE: Section 161(1) – Wage-Loss Benefits ITEM: C3-23.30

During the Replacement or Repair Period
BACKGROUND
This policy provides guidance with respect to wage-loss benefits for a worker awaiting
the repair or replacement of an artificial appliance, eyeglasses, dentures and hearing
aids.
2. The Act
Section 134(1):

Section 161(1):

employment;

if


fault.

C3-23.30
Page 1 of 2
CLAIMS MANUAL
… if a temporary total disability results from a worker’s injury, the Board

must pay the worker compensation…
… if a temporary partial disability results from a worker’s injury, the Board

must pay the worker compensation…
POLICY
Wage-loss benefits are payable only where a compensable injury causes a period of
temporary disability from work. Broken or damaged artificial appliances, eyeglasses,
dentures or hearing aids are not personal injuries.
Section 161(1) does not provide authority for the Board to pay a worker wage-loss
benefits when there is a delay in replacing the broken or damaged artificial appliance,
eyeglasses, dentures or hearing aids and the only reason the worker is unable to work
is because the worker is without the broken or damaged item. Similarly, it does not
provide authority for the Board to pay wage-loss where the worker has to take time off
from work in order to be fitted for the item or to pick it up when ready.

CROSS REFERENCES: Item C3-23.00, Replacement and Repair of Personal Possessions –
Section 161(1);
Item C3-23.10, Section 161(1)(a) – Artificial Appliances;
Aids;
Policy item #33.00, Introduction, of the Rehabilitation Services & Claims
Manual, Volume II.
July 1, 2010.

C3-23.30
Page 2 of 2
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RE: Section 135 – Mental Disorders ITEM: C3-24.00
BACKGROUND
This is the principal policy that sets out the decision-making principles for determining a
worker’s entitlement to compensation under section 135 of the Act.
2. The Act
(1) Subject to subsection (3), a worker is entitled to compensation for a

mental disorder, payable as if the mental disorder were a personal injury
arising out of and in the course of a worker's employment, if that mental
disorder does not result from an injury for which the worker is otherwise
entitled to compensation under this Part, and only if all of the following
apply:
(a) the mental disorder is either
(i) a reaction to one or more traumatic events arising out of and

in the course of the worker’s employment, or
(ii) predominantly caused by a significant work-related stressor,

including bullying or harassment, or a cumulative series of
significant work-related stressors, arising out of and in the
course of the worker’s employment;
(b) the mental disorder is diagnosed by a psychiatrist or psychologist

as a mental or physical condition that is described, at the time of
diagnosis, in the most recent Diagnostic and Statistical Manual of
Mental Disorders published by the American Psychiatric
Association;
(c) the mental disorder is not caused by a decision of the worker’s

employer relating to the worker’s employment, including a decision
to change the work to be performed or the working conditions, to
discipline the worker or to terminate the worker’s employment.

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(3) The Board may require that a psychiatrist or psychologist appointed by the
Board review a diagnosis made for the purposes of subsection (1)(b) and
may consider that review in determining whether a worker is entitled to
compensation for a mental disorder.
(4) Section 163 [duties of physicians and qualified practitioners] applies to a

psychiatrist or psychologist who makes a diagnosis referred to in this
section.
“psychiatrist” means a physician who is recognized by the College of

Physicians and Surgeons of British Columbia, or another accredited body
recognized by the Board, as being a specialist in psychiatry;
“psychologist” means a person who is
(a) a registrant of the college responsible for carrying out the objects of
the Health Professions Act in respect of the health profession of
psychology, or
(b) entitled to practise as a psychologist under the laws of another

province;
POLICY
The complexity of mental disorders gives rise to challenges in the adjudication of a

claim for a mental or physical condition that is described, at the time of diagnosis, in the
most recent Diagnostic and Statistical Manual of Mental Disorders (“DSM”) published by
the American Psychiatric Association. The mental disorder may be the result of a
number of contributing factors, some of which are work-related and some of which are
not.
This policy provides guidance on the adjudication of claims for mental disorders where
the mental disorder is either:
• a reaction to one or more traumatic events arising out of and in the course of the
worker’s employment; or

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• predominantly caused by a significant work-related stressor, or a cumulative

series of significant work-related stressors, arising out of and in the course of the
Section 135 of the Act sets out that a worker may be entitled to compensation for a
mental disorder that does not result from an injury. This is distinct from a worker’s
entitlement under section 134(1) for psychological impairment that is a compensable
consequence of an injury.
For decisions respecting the compensation or rehabilitation of a worker, the

standard of proof under section 339(3) of the Act is “at least as likely as not.” If the
evidence supporting different findings on an issue is evenly weighted, the issue is
resolved in favour of the worker.

Therefore, the presence or absence of expert evidence supporting or opposing a
causal link is relevant and will generally be given weight by the Board, but it is not
determinative of causation; causation can be inferred from other evidence. In
every case, the Board decides whether the evidence supports a finding of
causation based on a weighing of the evidence.
The gathering and weighing of evidence generally is covered in policy

items #97.00 through #97.70.
A. Does the worker have a DSM diagnosed mental disorder?
Section 135 requires more than the normal reactions to traumatic events or significant
work-related stressors, such as being dissatisfied with work, upset or experiencing
distress, frustration, anxiety, sadness or worry as those terms are widely and informally
used.
It requires that a worker’s mental disorder be diagnosed by a psychiatrist or a

psychologist as a condition that is described in the most recent DSM, at the time of
diagnosis.
As set out in the DSM, a DSM diagnosis generally involves a comprehensive and
systematic clinical assessment of the worker.
The Board is responsible for the decision-making process, and for reaching the
conclusions on the claim. Under section 135(3) of the Act, the Board may obtain expert
advice to review the diagnosis and where required, may obtain additional diagnostic
assessment.
In reviewing the diagnosis, the Board also considers all of the relevant medical
evidence, including prior medical history, attending physician reports and expert medical

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opinion. The findings of this additional information are considered in determining

whether there is a DSM diagnosed mental disorder.
B. Was there one or more events, or a stressor, or a cumulative series of

stressors?
In all cases, the one or more events, stressor or cumulative series of stressors, must be
identifiable.
C. Was the event “traumatic” or the work-related stressor “significant”?
All workers are exposed to normal pressures and tensions at work which are associated
with the duties and interpersonal relations connected with the worker’s employment.
The Board recognizes that workers may, due to the nature of their work, be exposed to
traumatic events or significant stressors as part of their employment. An event may be
traumatic or a stressor significant even though the worker has previous work-related
exposure to traumatic events or significant stressors.
In determining whether the event is traumatic or the stressor is significant, the worker’s
subjective statements and response to the event or stressor are considered. However,
this question is not determined solely by the worker’s subjective belief about the event
or stressor. It involves both a subjective and objective analysis.
For the purposes of this policy, a “traumatic” event is an emotionally shocking event. In
most cases, the worker must have experienced or witnessed the traumatic event.
A work-related stressor is considered “significant” when it is excessive in intensity

and/or duration from what is experienced in the normal pressures or tensions of a
Interpersonal conflicts between the worker and his or her supervisors, co-workers or
customers are not generally considered significant unless the conflict results in
behaviour that is considered threatening or abusive.
Examples of significant work-related stressors include exposure to workplace bullying or

harassment.
D. Causation
(i) Was the mental disorder a reaction to one or more traumatic events arising out of
and in the course of the worker’s employment?
The Act requires that the mental disorder be a reaction to one or more traumatic events
arising out of and in the course of the worker’s employment. This requires the Board to
determine the following:

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• Did the one or more traumatic events arise in the course of the worker’s
employment?
This refers to whether the one or more traumatic events happened at a time
and place and during an activity consistent with, and reasonably incidental to,
the obligations and expectations of the worker’s employment.
• Did the one or more traumatic events arise out of the worker’s employment?
This refers to the cause of the mental disorder. Both employment and non-
employment factors may contribute to the mental disorder. However, in order
for the mental disorder to be compensable, the one or more traumatic events
have to be of causative significance, which means more than a trivial or
insignificant cause of the mental disorder.
In making the above determinations, the Board reviews the medical and non-medical
evidence to consider whether:
• there is a connection between the mental disorder and the one or more
traumatic events, including whether the one or more traumatic events
were of sufficient degree and/or duration to be of causative significance
in the mental disorder;
• any pre-existing non-work related medical conditions were a factor in the

mental disorder; and
• any non-work related events were a factor in the mental disorder.
The Board is required to determine whether the evidence supports a finding of one
or more traumatic events that are of causative significance in the mental disorder.
(ii) Was the mental disorder predominantly caused by a significant work-related

stressor, or a cumulative series of significant work-related stressors, arising out
of and in the course of the worker’s employment?
The Act requires that the mental disorder be predominantly caused by a significant
work-related stressor, or a cumulative series of significant work-related stressors,
arising out of and in the course of the worker’s employment. There are two parts to this
requirement as set out below.
The first part is the determination of whether the significant stressor or cumulative series
of significant stressors arose out of and in the course of employment. This requires the
Board to determine the following:

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• Did the significant stressor or cumulative series of significant stressors arise

in the course of the worker’s employment?
This refers to whether the significant stressor, or cumulative series of

significant stressors, happened at a time and place and during an activity
consistent with, and reasonably incidental to, the obligations and expectations
of the worker’s employment.
• Did the significant stressor or cumulative series of significant stressors arise

out of the worker’s employment?
A significant stressor or a cumulative series of significant stressors may be

due to employment or non-employment factors. The Act requires that the
significant stressors be work-related.
The second part is the determination of whether the significant work-related stressor, or
cumulative series of significant work-related stressors, was the predominant cause of
the mental disorder.
Predominant cause means that the significant work-related stressor, or cumulative

series of significant work-related stressors, was the primary or main cause of the mental
disorder.
Both parts of this requirement must be met in order for the mental disorder to be
compensable.
(iii) Pre-existing Mental Disorders
Where a worker has a pre-existing mental disorder and claims that a traumatic event or
significant work-related stressor aggravated the pre-existing mental disorder, the claim
is adjudicated with regard to section 135 of the Act and the direction in this policy.
E. Section 135(1)(c) Exclusions
There is no entitlement to compensation if the mental disorder is caused by a decision

of the worker’s employer relating to the worker’s employment. The Act provides a list of
examples of decisions relating to a worker’s employment which include a decision to
change the work to be performed or the working conditions, to discipline the worker or
to terminate the worker’s employment. This statutory list of examples is inclusive and
not exclusive.
Other examples may include decisions of the employer relating to workload and
deadlines, work evaluation, performance management, transfers, changes in job duties,
lay-offs, demotions and reorganizations.

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AUTHORITY: Section 135 of the Act.
CROSS REFERENCES: Item C3-24.10, Section 135(2) – Mental Disorder Presumption;
Impairment;
Manual, Volume II.
HISTORY: October 21, 2020 – Housekeeping amendments to the Act portion of the
August 14, 2020.
February 1, 2020 − Policy amended to provide guidance on the
legal issues of standard of proof, evidence, and causation.
May 16, 2019 – the Workers Compensation Amendment Act,
2019 (Bill 18 of 2019) amended the definition of firefighter in
sections 1 and 5.1 of the then Workers Compensation Act,
R.S.B.C. 1996, c. 492.
March 1, 2019 − Consequential amendments arising from
addition of policy item #97.70, Surveillance were made.
July 23, 2018 – Amendments to Item C3-13.00 were made to reflect
changes to the Act resulting from the Workers Compensation
Amendment Act, 2018 (Bill 9 of 2018). Bill 9 came into force by Royal
Assent on May 17, 2018; it added a mental disorder presumption to the
then Workers Compensation Act, R.S.B.C. 1996, c. 492, for workers who
are or have been employed in an eligible occupation, and revised the
definition of firefighter in then section 5.1 of the Workers Compensation
Act, R.S.B.C. 1996, c. 492, to include firefighters employed by the
government of Canada.
January 1, 2018 − Housekeeping changes were made to the definition of
“psychologist” as amended by the Act effective November 2, 2017.
July 17, 2013 − Housekeeping changes were made to remove
references to multi-axial diagnostic assessment in accordance with
DSM-5.
July 1, 2012 – New Item C3-13.00, Section 5.1 – Mental Disorders, was
added, to reflect changes to the Act resulting from the Workers
Compensation Amendment Act, 2011 (Bill 14 of 2011). This policy

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replaced former Item C3-13.00, Mental Stress, of the Rehabilitation

Services & Claims Manual, Volume II, in its entirety. Former Item
C3-13.00 had replaced former policy item #13.30 by putting it into the
new format.
April 30, 2009 – Former policy item #13.30 was amended to delete
references identified by the British Columbia Court of Appeal as being
contrary to section 15(1) of the Canadian Charter of Rights and
Freedoms.
April 1, 2007 – Former policy item #13.30 was amended to delete the
paragraph requiring workers with a recurrence of mental stress to meet
the requirements of then section 5.1, if their claims had initially been
allowed prior to June 30, 2002.
December 31, 2003 – Former policy item #13.30 was amended to reflect
the amendment of then section 5.1(1) of the Act, to include a reference
to a psychologist’s diagnosis of mental stress, and the introduction of
then sections 5.1(2) to (4) of the Act. The amended policy applied to
acute reactions to traumatic events that occurred on or after
December 31, 2003. Former policy item #13.30 had been created on
June 30, 2002 to set out the scope of coverage for mental stress claims.
It applied to all injuries on or after June 30, 2002; permanent disabilities
where the permanent disability first occurred on or after June 30, 2002,
irrespective of the date of the injury; and recurrences, where the
recurrence occurred on or after June 30, 2002, irrespective of the date of
the injury.
claims that involve section 5.1 of the Workers Compensation Act,
R.S.B.C. 1996, c. 492 or section 135 of the Act, made on or after
July 23, 2018.

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RE: Section 135(2) – Mental Disorder ITEM: C3-24.10

Presumption
BACKGROUND
This policy provides guidance on the adjudication of claims for a mental disorder where
the presumption in section 135(2) of the Act applies.
2. The Act
Section 1, in part:
“firefighter” means a member of a fire brigade, working with or without

remuneration, who is assigned primarily to
(a) fire suppression duties, whether or not those duties include the
performance of ambulance or rescue services,
(b) investigation duties respecting the cause, origin or circumstances of

a fire, or
(c) any combination of both fire suppression duties as described in

paragraph (a) and fire investigation duties as described in
paragraph (b);
(1) Subject to subsection (3), a worker is entitled to compensation for a

mental disorder, payable as if the mental disorder were a personal injury
arising out of and in the course of a worker's employment, if that mental
disorder does not result from an injury for which the worker is otherwise
entitled to compensation under this Part, and only if…
...
(b) the mental disorder is diagnosed by a psychiatrist or psychologist

as a mental or physical condition that is described, at the time of
diagnosis, in the most recent Diagnostic and Statistical Manual of

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Mental Disorders published by the American Psychiatric

Association;
(2) If a worker who is or has been employed in an eligible occupation
(a) is exposed to one or more traumatic events arising out of and in the
course of the worker’s employment in that eligible occupation, and
(b) has a mental disorder that, at the time of diagnosis under

subsection (1)(b), is recognized in the manual referred to in that
subsection, as a mental or physical condition that may arise from
exposure to a traumatic event,
the mental disorder must be presumed to be a reaction to the one or more

traumatic events arising out of and in the course of the worker’s
employment in that eligible occupation, unless the contrary is proved.
(3) The Board may require that a psychiatrist or psychologist appointed by the
Board review a diagnosis made for the purposes of subsection (1)(b) and
may consider that review in determining whether a worker is entitled to
compensation for a mental disorder.
(4) Section 163 [duties of physicians and qualified practitioners] applies to a

psychiatrist or psychologist who makes a diagnosis referred to in this
section.
“correctional officer” means a correctional officer as defined by

regulation of the Lieutenant Governor in Council;
“eligible occupation” means the occupation of correctional officer,

emergency medical assistant, firefighter, police officer, sheriff or, without
limitation, any other occupation prescribed by regulation of the Lieutenant
Governor in Council;
“emergency medical assistant” means an emergency medical assistant

as defined in section 1 of the Emergency Health Services Act;
“police officer” means an officer as defined in section 1 of the Police Act;
“psychiatrist” means a physician who is recognized by the College of

Physicians and Surgeons of British Columbia, or another accredited body
recognized by the Board, as being a specialist in psychiatry;

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“psychologist” means a person who is
(a) a registrant of the college responsible for carrying out the objects of
the Health Professions Act in respect of the health profession of
psychology, or
(b) entitled to practise as a psychologist under the laws of another

province;
“sheriff” means a person lawfully holding the office of sheriff or lawfully

performing the duties of sheriff by way of delegation, substitution,
temporary appointment or otherwise.
3. Mental Disorder Presumption Regulation
Section 1:
(1) For the purpose of section 135(5) [mental disorder] of the Workers
Compensation Act, “correctional officer” means a worker who
(a) is employed in a correctional centre, as defined in the Correction

Act, and is appointed under section 2(1)(b) of that Act,
(b) is employed in a youth custody centre, as defined in the Youth

Justice Act, and is appointed under section 24(1)(b) of that Act, or
(c) is employed in a penitentiary, as defined in the Corrections and

Conditional Release Act (Canada), and holds one of the following
positions:
(i) warden;
(ii) deputy warden;
(iii) assistant warden of operations;
(iv) correctional manager;
(v) correctional officer, including a correctional officer who holds

the position of primary worker.
(2) For the purpose of section 135(5) of the Workers Compensation Act,
“eligible occupation” includes emergency response dispatcher, health
care assistant and nurse, where
“emergency response dispatcher” means a worker whose duties

include one or both of the following:

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(a) dispatching ambulance services, firefighters or police officers;
(b) receiving emergency calls that initiate the dispatch of ambulance

services, firefighters or police officers;
“health care assistant” means a health care assistant who is
(a) registered with the BC Care Aide & Community Health Worker
Registry, and
(b) employed in a publicly funded organization or setting;
“nurse” means a licensed practical nurse, nurse practitioner, registered

nurse or registered psychiatric nurse within the meaning of regulations
made under the Health Professions Act.
POLICY
Section 135(2) of the Act provides a mental disorder presumption. The presumption
applies where a worker is:
• exposed to one or more traumatic events arising out of and in the course of the
worker’s employment in an eligible occupation; and
• diagnosed by a psychiatrist or psychologist with a mental disorder that is

recognized in the most recent Diagnostic and Statistical Manual of Mental
Disorders published by the American Psychiatric Association (“DSM”) as a
mental or physical condition that may arise from exposure to a traumatic event.
Where the mental disorder presumption does not apply, a worker’s claim for
compensation for a mental disorder will be adjudicated under section 135 of the Act.
A. What is an eligible occupation?
The mental disorder presumption applies to a worker who is or has been employed in
an eligible occupation as defined in the Act or prescribed by regulation of the Lieutenant
Governor in Council.
B. Was the worker exposed to a “traumatic” event?
The Act requires the worker is exposed to one or more traumatic events. In all cases,
the one or more events must be identifiable.
A “traumatic” event is an emotionally shocking event. In most cases, the worker must
have experienced or witnessed the traumatic event.

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The Board recognizes that workers employed in eligible occupations, due to the nature
of their work, may be exposed to traumatic events as part of their employment.
In determining whether the event is traumatic the worker’s subjective statements and
response to the event are considered. However, this question is not determined solely
by the worker’s subjective belief about the event. It involves both a subjective and
objective analysis.
C. DSM diagnosis
The Act requires the worker’s mental disorder be diagnosed by a psychiatrist or a

psychologist. At the time of diagnosis, the worker’s mental disorder must be described
in the most recent DSM, and that DSM must also recognize the mental disorder as a
mental or physical condition that may arise from exposure to a traumatic event.
In reviewing the diagnosis, the Board recognizes a broad range of mental disorders may
arise following exposure to a traumatic event. Some mental disorders recognized in the
DSM explicitly list exposure to a traumatic event as a diagnostic criterion. This means
exposure to a traumatic event is required for the diagnosis, for example post-traumatic
stress disorder and acute stress disorder.
The Board also recognizes there are mental disorders set out in the DSM that do not
require exposure to a traumatic event but may still arise from trauma. These include,
but are not limited to, depressive disorders, anxiety disorders and substance use
disorders.
D. Causation
The Act requires that the mental disorder be presumed to be a reaction to the one or
more traumatic events arising out of and in the course of the worker’s employment in
that eligible occupation, unless the contrary is proved.
The Board is not required to establish that any specific traumatic event is causative of
the worker’s mental disorder.
E. Rebutting the presumption
Inclusion of the words “unless the contrary is proved” in section 135(2) means that the
presumption is rebuttable. Where evidence which rebuts or refutes the presumption is
available, it must be considered.
likely than not.” If the evidence is more heavily weighted in favour of a conclusion that
something other than the employment caused the mental disorder, then the contrary will

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be considered to be proved and the presumption is rebutted. The presumption is not

rebutted because there is a lack of evidence to support work causation.
The gathering and weighing of evidence generally is covered in policy items #97.00
through #97.70.
F. Pre-existing mental disorders
Where a worker who is or has been employed in an eligible occupation has a pre-
existing mental disorder and claims that a traumatic event aggravated the pre-existing
mental disorder, the claim is adjudicated with regard to section 135(2) of the Act and the
direction in this policy.
For the presumption to apply, the pre-existing mental disorder must also be recognized
in the most recent DSM as a mental or physical condition that may arise from exposure
to a traumatic event.

CROSS REFERENCES: Item C3-24.00, Section 135 – Mental Disorders;
Impairment;
Manual, Volume II.
August 14, 2020.
February 1, 2020 − Policy amended to provide guidance on the legal
May 16, 2019 – the Workers Compensation Amendment Act,
2019 (Bill 18 of 2019) amended the definition of firefighter in
sections 1 and 5.1 of the then Workers Compensation Act,
R.S.B.C. 1996, c. 492.

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April 16, 2019 – This policy was amended when Order in Council
No. 204 was approved, adding emergency response dispatchers, health
care assistants, and nurses to the list of eligible occupations.
March 1, 2019 − Consequential amendments were made arising from
addition of policy item #97.70, Surveillance.
July 23, 2018 – New Item C3-13.10, Section 5.1(1.1) – Mental Disorder
Presumption, was added to reflect changes to the Act resulting from the
Workers Compensation Amendment Act, 2018 (Bill 9 of 2018). Bill 9 of
2018 came into force by Royal Assent on May 17, 2018; it added a
mental disorder presumption to the then Workers Compensation Act,
R.S.B.C. 1996, c. 492, for workers who are or have been employed in an
eligible occupation, and revised the definition of firefighter in then
section 5.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, to
include firefighters employed by the government of Canada.
claims that involve section 5.1 of the Workers Compensation Act,
R.S.B.C. 1996, c. 492 or section 135 of the Act, made on or after
July 23, 2018.

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RE: Occupational Disease ITEM: C4-25.00
BACKGROUND
This policy sets out the legislative requirements for compensation for occupational
disease.
2. The Act
Section 136:
(1) Compensation is payable under this Part [Part 4 − Compensation to

Injured Workers and Their Dependants] in relation to an occupational
disease, as if the disease were a personal injury arising out of and in the
course of a worker’s employment, if
(a) as applicable,
(i) the worker has an occupational disease that disables the

worker from earning full wages at the work at which the
worker was employed, or
(ii) the death of the worker is caused by an occupational

disease, and
(b) the occupational disease is due to the nature of any employment in

which the worker was employed, whether under one or more
employments.
(2) For the purposes of subsection (1), the date of disablement must be
treated as the occurrence of the injury.
(3) A health care benefit may be provided for a worker who has an
occupational disease referred to in subsection (1)(b) even though the
worker is not disabled from earning full wages at the work at which the
worker was employed.
Section 145:
(1) A worker is entitled to compensation under this Part [Part 4 –

Compensation to Injured Workers and Their Dependants] if

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(a) the worker has a hearing loss of non-traumatic origin that arose out
of and in the course of employment to which the compensation
provisions apply, and
(b) the hearing loss
(i) was sustained by exposure to causes of hearing loss in

British Columbia, and
(ii) is a greater loss than the minimum set out in Schedule 2

[Non-Traumatic Hearing Loss] of this Act.
(2) An application for compensation under this section must be accompanied

or supported by a specialist’s report and audiogram or by other evidence
of hearing loss that the Board prescribes.
(3) The Board may, by regulation, amend Schedule 2 in respect of the

following:
(a) the ranges of hearing loss;
(b) the percentages of disability;
(c) the methods or frequencies to be used to measure hearing loss.
POLICY
A. INTRODUCTION
Section 136 of the Act provides that compensation is payable for occupational disease
that is due to the nature of a worker’s employment. Section 145 provides that
compensation is payable for a certain level of non-traumatic noise-induced hearing loss
that results from a worker’s employment. A worker’s entitlement to compensation for a
total or partial disability resulting from a hearing loss is paid in accordance with the
compensation provisions set out in Division 6 of Part 4 of the Act.
Most compensation cases involve a personal injury (covered in Chapter 3) where it can
readily be determined whether the event or series of events leading to such injury arose
out of and in the course of a worker’s employment. The cause of disease, by its nature,
is often more difficult to determine. A common difficulty is distinguishing between an
injury and a disease (the difference is discussed in Item C3-12.00). Even when medical
science has identified the cause of a disease in a general sense, it may be difficult to
establish with any degree of certainty how and when a worker contracted or developed
a disease. Further, workers’ compensation does not extend to all diseases, rather only
to those that are due to a worker’s employment. In these circumstances, determining

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the extent to which a worker’s employment had a role in producing the disease
becomes a critical or central issue.
The question is: was the worker’s disability caused by the worker’s work or by
something else such as the operation of natural causes, or by congenital or hereditary
disease. The Act provides different ways of dealing with this issue. These are
discussed in Chapter 4 of this Manual.
B. LEGISLATIVE REQUIREMENTS
For the diseases to which section 136 of the Act applies, there are three basic
requirements for compensability:
1. The worker must have (or in the case of a deceased worker have had) a
disease designated or recognized by the Board as an “occupational
disease”;
2. The worker’s occupational disease must be or have been “due to the

nature of any employment” in which the worker was employed; and
3. The occupational disease must “disable the worker from earning full
wages at the work” at which the worker was employed. In the case of a
deceased worker, the worker’s death must have been caused by such
occupational disease. This is discussed further in Item C4-25.30. This
third requirement does not apply to claims for silicosis, asbestosis, or
pneumoconiosis (see Item C4-29.10) or to claims for non-traumatic noise-
induced hearing loss to which section 145 of the Act applies. Further, a
worker need not be disabled by the occupational disease in order to be
entitled to health care benefits.
These elements of section 136 are discussed further in Items C4-25.10, C4-25.20, and
C4-25.30. The definition of “worker” is covered in Chapter 2.
A disease which is attributed to or is the consequence of a specific event or trauma, or

to a series of specific events or traumas, will be treated as a personal injury and will be
adjudicated in accordance with the policies set out in Chapter 3.
EFFECTIVE DATE: April 6, 2020

Item C4-25.10, Has a Designated or Recognized Occupational Disease;
Item C4-25.20, Establishing Work Causation;
Item C4-25.30, Disabled from Earning Full Wages at Work;
Item C4-29.10, Pneumoconioses and Other Specified Diseases of the
Lungs, of the Rehabilitation Services & Claims Manual, Volume II.

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HISTORY: April 6, 2020 – This policy resulted from the consolidation of former
policy items #25.00 and #25.10 of the Rehabilitation Services & Claims
Manual, Volume II, consequential to the implementation of the Workers
APPLICATION: This Item applies to all decisions, including appellate decisions, made on
or after April 6, 2020.

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RE: Has a Designated or Recognized ITEM: C4-25.10

Occupational Disease
BACKGROUND
This policy provides guidance for determining whether a worker has a disease
designated or recognized as an “occupational disease”.
2. The Act
Section 1, in part:
“occupational disease” means a disease, including a disablement resulting

from exposure to contamination, that is
(a) a disease identified in Schedule 1 [Presumption of Occupational

Disease Related to Specific Process or Industry] of this Act,
(b) a disease designated or recognized by regulation under

section 138(2) [Board regulation of general application],
(c) a disease designated or recognized by order under section 138(3)

[Board order in specific case],
(d) a disease designated or recognized under section 138(4) [disease

peculiar to or characteristic of particular employment], or
(e) a disease
(i) referred to in section 139(2) [firefighters: presumptions

respecting heart disease],
(ii) referred to in section 140(1)(a) [firefighters: presumptions

respecting primary site lung cancer], or
(iii) prescribed by regulation of the Lieutenant Governor in

Council for the purposes of section 140(1)(b) [firefighters:
presumptions respecting prescribed diseases],
but only in respect of a worker to whom the presumption in any of

those provisions applies, unless the disease is otherwise described
by this definition;

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...
Section 136(1):
(1) Compensation is payable under this Part in relation to an occupational

(a) as applicable,


disease, and

employments.
Section 138:
(1) The Board may, by regulation, do the following:
(a) add to or delete from Schedule 1 of this Act a disease that, in the
opinion of the Board, is an occupational disease;
(b) add to or delete from that Schedule a process or an industry;
(c) set terms, conditions and limitations for the purposes of

paragraphs (a) and (b) of this subsection.
(2) The Board may, by regulation of general application, designate or

recognize a disease as an occupational disease.
(3) The Board may, by order, designate or recognize a disease as an

occupational disease in a specific case.
(4) The Board may designate or recognize a disease as being a disease that
is peculiar to or characteristic of a particular process, trade or occupation,
on the terms and conditions and with the limitations set by the Board.

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POLICY
A. HAS AN OCCUPATIONAL DISEASE DESIGNATED OR RECOGNIZED BY

THE BOARD
Part of the first requirement for compensability is that the worker has, or in the case of a
deceased worker the death was caused by, a disease designated or recognized by the
Board as an “occupational disease”.

proof under section 339(3) of the Act is “at least as likely as not.” This standard is
different than medical or scientific standards of certainty. Confirming the diagnosis of
many occupational diseases may be difficult. This is particularly so for poisoning by
some of the metals and compounds listed in Schedule 1, the symptoms of which may
be similar to the symptoms caused by common complaints that produce fatigue,
nausea, headache and the like. Evidence that an occupational disease has been
diagnosed is relevant and will generally be given significant weight by the Board, but it
is not a requirement under section 136(1) of the Act. The question for the Board is
whether it is “at least as likely as not” that the worker has or the deceased worker’s
death was caused by, an occupational disease designated or recognized by the Board
as an “occupational disease”.
In one Board decision, a worker was advised by the attending physician that he had
lead poisoning and should temporarily withdraw from work. The Board concurred with
that advice. Laboratory testing done one month later led to a conclusion that initial
tests had been wrong and that the worker never did have lead poisoning. The Board
concluded that in these circumstances, where the worker acted reasonably in reliance
on medical advice that the Board agreed with, the merits and justice of the claim
warranted a conclusion that the worker had an occupational disease at the time in
question even though in retrospect this was proven not to be the case. The cost of
compensation paid on a claim of this type is excluded from the employer’s experience
rating (see policy item #113.10).
B. THE DESIGNATION OR RECOGNITION OF AN OCCUPATIONAL DISEASE
There are a great many diseases to which the general public are subject, many of which
can be considered ordinary diseases of life. Available medical and scientific
understanding about the causes of disease and about the role that employment may
play covers a wide range from very good to very poor. Not every disease contracted by
every worker is compensable. Deciding when they are is key to the operation of the Act
and to adjudicating individual disease claims. It is within this context that decisions
must be made as to the compensability of diseases that workers who are covered by
the Act may have.

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To assist in adjudicating the merits of occupational disease claims, to facilitate efficiency
and consistency in the decision-making process and to establish an institutional
memory (with the additional benefit of providing the working community with
confirmation that the Board is aware that a disease may arise as a result of employment
activities), the Act provides a means by which the Board may designate or recognize a
disease as an “occupational disease”.
There are levels of designation or recognition based on the available medical and
scientific evidence and on the Board’s experience in dealing with these diseases. The
manner in which a disease is designated or recognized is primarily based on the
strength of medical and scientific knowledge about the role employment may have in its
causation. The following are the various ways in which an occupational disease may be
designated or recognized:
 by inclusion in Schedule 1;
 by regulation of general application;
 by order dealing with a specific case; or
 under section 138(4), as being a disease that is peculiar to or characteristic of

a particular process, trade or occupation, on the terms and conditions and
with the limitations set by the Board.
The highest level of designation or recognition is by addition of a disease to Schedule 1,

under section 138(1). It is important to distinguish between this kind of disease
designation or recognition and the designation or recognition of an occupational disease
under section 138(2), where an occupational disease is designated or recognized by
regulation of general application, or under section 138(4), where a particular process,
trade or occupation is specified in the designation or recognition.
If the Board concludes that a disease is more likely to occur in connection with a
particular employment covered by the Act than elsewhere, it may be added to
Schedule 1. On the other hand, if the Board concludes that a disease is only
sometimes due to the nature of a particular employment covered by the Act, and it does
not appear that the disease is more likely to occur in connection with any particular
employment than elsewhere (it is not something specific to that employment), the Board
may designate or recognize the disease under section 138(2), by regulation of general
application without the rebuttable presumption afforded by inclusion in Schedule 1.
If the Board concludes that a disease is only sometimes due to the nature of a particular
employment covered by the Act, and has identified a particular process, trade, or
occupation, the Board may so designate or recognize the disease under section 138(4).
If there is only weak or an absence of medical and scientific information causally

associating a disease with employment, it will not be designated or recognized as an

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occupational disease by inclusion in Schedule 1, by regulation of general application, or
by the Board as being peculiar to or characteristic of a particular process, trade or
occupation. In individual claims, however, the Board may recognize such a disease by
order in a specific case under section 138(3).
The authority by regulation, to designate or recognize a disease under section 138(1)

and under section 138(4) rests with the Board of Directors.
C. RECOGNITION BY INCLUSION IN SCHEDULE 1
Any disease listed in the first column of Schedule 1 is by definition designated or

recognized as an occupational disease. This is the highest level of designation or
recognition.
The Board lists a disease in Schedule 1 in connection with a described process or

industry wherever it is satisfied from the expert medical and scientific advice it receives
that there is a substantially greater incidence of the particular disease in a particular
employment than there is in the general population. The questions to be addressed
include: is the disease common in that particular employment, and not common
amongst the general public? Is it something specific to the employment?
Schedule 1 is set out in Appendix 2. The application of Schedule 1 is covered in

Section A. of Item C4-25.20. The amendment of Schedule 1 is covered by
section 138(1) of the Act set out below.
i. Amending Schedule 1
Section 138(1) gives the Board substantial flexibility in its ability to add to or delete from
the list of diseases designated or recognized in Schedule 1, and to impose whatever
terms, conditions or limitations it considers appropriate in doing so. It has the same
flexibility in its ability to add to or delete from the descriptions of process or industry set
out in column 2 of Schedule 1.
Claims for all of the diseases in Schedule 1 will be considered in respect of such
disease even if the worker was not employed in the process or industry described
opposite to the disease in column 2 of Schedule 1, but without the benefit of the
presumption set out in section 137(2) of the Act. See Section C. of Item C4-25.20.
D. RECOGNITION BY REGULATION OF GENERAL APPLICATION
The Board may designate or recognize a disease as an occupational disease “by

regulation of general application” (section 138(2)). In these circumstances, the Board is
satisfied from the expert medical and scientific advice it receives that there is a greater
incidence of the particular disease than there is in the general population, but without
connecting it to a particular employment or providing a rebuttable presumption that the
occupational disease is due to the nature of any employment in which the worker was

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employed. The Board has designated or recognized the following as occupational
diseases by regulation of general application:
Bronchitis
Bursitis (other than the forms of bursitis mentioned in Item 13 of Schedule 1 of
the Act)
Campylobacteriosis (diarrhea caused by Campylobacter)
Carpal Tunnel Syndrome
Chicken Pox
Cubital Tunnel Syndrome
Disablement from vibrations
Emphysema
Food poisoning
Giardia Lamblia Infestation
Head lice (Pediculosis Capitis)
Heart Disease
Hepatitis A
Herpes Simplex
Hypothenar Hammer Syndrome
Legionellosis
Lyme Disease
Meningitis
Mononucleosis
Mumps
Plantar Fasciitis
Radial Tunnel Syndrome
Red Measles (Rubeola)
Ringworm
Rubella
Scabies
Shigellosis
Staphylococci infections
Streptococci infections
Tendinopathy (other than the forms of tendinopathy mentioned in Item 14 of
Schedule 1 of the Act), including:
 Epicondylopathy (lateral and medial)
 Stenosing Tenosynovitis (Trigger Finger)
Thoracic Outlet Syndrome

Toxoplasmosis
Typhoid
Vinyl Chloride induced Raynaud’s Phenomenon
Whooping Cough
Yersiniosis

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Several of the above contagious diseases are not likely to meet the section 136
requirement to be “. . . due to the nature of any employment in which the worker was
employed . . .” except for hospital employees, or workers at other places of medical
care.
E. RECOGNITION BY ORDER DEALING WITH A SPECIFIC CASE
The lack of prior designation or recognition by the Board of a disease as an

occupational disease does not mean a claim for such disease will not be considered on
its merits. Such disease may not have been previously designated or recognized due to
weak or a complete absence of medical and scientific information which causally
associates such disease with employment. If the merits and justice of an individual
claim for such a disease warrant its recognition as an occupational disease,
section 138(3) provides that the Board may, “by order, designate or recognize a disease
as an occupational disease in a specific case”.
The effect of such an order is to accept the claim for compensation purposes without
establishing an institutional memory for decision-makers or an expectation for others
who may have that disease that the disease may be due to the nature of some
employment. In other words, the disease will be recognized as an occupational disease
limited to the specific facts of that individual claim.
This allows an avenue of recognition for unique, meritous, individual disease claims. As
the Board repeatedly encounters such claims for a particular disease, it may determine
that a higher level of designation or recognition is warranted for that disease.
The Board upon investigating an individual claim may find that the condition of the
worker is not one listed in the first column of Schedule 1, nor is it one which has been
previously designated or recognized by the Board as an occupational disease under
section 138(2) by regulation of general application, or under section 138(4). If the
Board concludes, after seeking appropriate input from both the worker (or the worker’s
legal representative) and the employer (if a specific employer is identified) that the facts
warrant recognition of the worker’s condition as an occupational disease, the Board
officer will refer the claim with a recommendation to that effect to a panel made up of a
Client Services Manager, (referred to in this policy as the “Manager”, and a Board
Medical Advisor (referred to in this policy as the “Medical Advisor”).
If, however, after seeking such input from the worker and employer, the Board
concludes that the facts do not warrant recognition of the worker’s condition as an
occupational disease, the Board will disallow the claim without referring it to the panel,
and will notify the worker and employer. This is a reviewable decision. The Board
officer shall advise the Manager that the worker’s condition is not one previously
designated or recognized by the Board as an occupational disease, the nature of the
condition, and the Board officer’s decision to disallow the claim.

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The Manager, upon receipt of a recommendation from the Board officer for recognition
of the worker’s condition as an occupational disease, and after considering and
discussing the claim with the Medical Advisor and after completing any further
investigations which the Manager considers appropriate, will determine whether the
condition reported is one which should be recognized by the Board as an occupational
disease for the purposes of that claim. If so, the Manager will make an order to that
effect which is recorded on the claim. The Manager will keep a record of all such
referrals under section 138(3).
If, after considering a referral under this policy, the Manager concludes that the reported
condition might not be recognized as an occupational disease, the worker (or in the
case of a deceased worker, the worker’s legal representative) will first be advised and
provided with an opportunity to respond. A decision of the Manager not to recognize
the condition as an occupational disease for the purposes of that claim is a reviewable
decision.
Where the Manager makes an order to recognize the condition as an occupational
disease for the purposes of that claim, the claim is returned to the Board officer who will
determine all other relevant issues, including whether the worker is entitled to benefits
provided for under the Act. The making of such an order by the Manager is a
reviewable decision.
Where the Manager is not the Client Services Manager, Occupational Disease
Services, the Manager will ensure that the Client Services Manager, Occupational
Disease Services is provided with written notice of any decisions under this section of
this policy.
The designation or recognition of an occupational disease by inclusion in Schedule 1, or
under section 138(2) by regulation of general application, does not preclude its
recognition by order dealing with a specific case if the occupational disease occurred
prior to its designation or recognition by one of the other alternate methods.
F. RECOGNITION UNDER SECTION 138(4)
Section 138(4) gives the Board substantial flexibility in its designation or recognition of
an occupational disease.
The Board may designate or recognize a disease as being a disease that is peculiar to
or characteristic of a particular process, trade or occupation with respect to future claims
in a broad sense, or it may impose a much more limited designation or recognition by
specifying whatever terms or conditions or limitations it deems appropriate.
Section 138(4) may be used to designate or recognize a disease where the expert
medical and scientific information is insufficient to cause the Board to include it in
Schedule 1 (with the benefit of the rebuttable presumption that the Act provides), but is
sufficient to cause the Board to state for decision-makers (thus establishing an
institutional memory) that there is a recognized possibility that the employment

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contributed to the causation of the disease where the worker was employed in a specific
process, trade, or occupation. In these circumstances there is no presumption that this
is the case.
At this time, the Board does not recognize any diseases under this provision.

CROSS REFERENCES: Item C4-25.20, Establishing Work Causation;
Policy item #113.10, Investigation Costs;
Appendix 2, Schedule 1, of the Rehabilitation Services & Claims Manual,
Volume II.
policy items #26.00, #26.01, #26.02, #26.03, #26.04, #26.10, and
#26.60, consequential to the implementation of the Workers
Compensation Act, R.S.B.C. 2019, c. 1. The example in Section A. is
derived from Workers Compensation Reporter Series Decision
No. 3, (1973) 1 W.C.R. 11.
February 1, 2020 – Former policy item #26.10 was amended to provide
guidance regarding the legal issues of standard of proof and evidence.
May 1, 2017 – Former policy item #26.00 was updated to add a
reference to the firefighters’ presumption in the definition of “occupational
disease”. Former policy item #26.60 was consequentially amended to
reflect renumbering of former policy item #26.23.
March 1, 2015 – Former policy item #26.03 had terminology updated by
replacing tendinitis/tenosynovitis and epicondylitis with tendinopathy and
epicondylopathy, which encompass both inflammatory and degenerative
conditions. Stenosing tenovaginitis (trigger finger) replaced with
stenosing tenosynovitis (trigger finger) based on the current medical
science. Former policy item #26.04 had language added stating that an
occupational disease may be recognized by regulation of general
application, as well as to add flexibility for another WorkSafeBC officer,
such as a Case Manager, to communicate with a worker when a
reported condition might not be recognized as an occupational disease,
and to add policy item titles;
December 11, 2013 – Former policy item #26.02 was changed to remove
reference to Workers Compensation Reporter series Decision No. 231,
(1977) 3 W.C.R. 87 and reflect the current medical/scientific evidence
regarding osteoarthritis of the first carpo-metacarpal joint of both thumbs
in physiotherapists.
June 1, 2009 – Former policy item #26.04 deleted references to Board
officers.
October 1, 2007 – Former policy item #26.04 was revised to delete
references to memos and memorandums.
March 3, 2003 – Former policy item #26.04 had consequential changes
as to references to review.
July 16, 2002 – Former policy item #26.02 was revised to reflect section
numbering changes in the Act at the time, and housekeeping changes.

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RE: Establishing Work Causation ITEM: C4-25.20
BACKGROUND
This policy sets out decision-making principles for establishing work causation.
2. The Act
Section 136(1):

course of a worker’s employment if,
(a) as applicable,


disease, and

employments.
Section 137:
(1) This section applies to a worker who is disabled as referred to in

section 136(1)(a)(i) as a result of an occupational disease described in
column 1 of Schedule 1 of this Act.
(2) If, on or immediately before the date of the disablement, the worker was
employed in a process or industry described in column 2 of Schedule 1
opposite the occupational disease that has resulted in the disablement,
the occupational disease must be presumed to have been due to the
nature of the worker’s employment unless the contrary is proved.

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Section 139:
“heart disease” includes disease of the pericardium or coronary arteries;
“heart injury” includes heart attack, cardiac arrest or arrhythmia.
(2) Subject to subsection (4), if a worker
(a) is disabled as a result of a heart disease, and
(b) was employed as a firefighter on or immediately before the date of

disablement from the heart disease,
the heart disease must be presumed to be due to the nature of the

worker’s employment as a firefighter unless the contrary is proved.
(3) Subject to subsection (4), if a worker
(a) is disabled as a result of a heart injury, and
(b) was employed as a firefighter on or immediately before the date of

disablement from the heart injury, the heart injury must be
presumed to have arisen out of and in the course of the worker’s
employment as a firefighter unless the contrary is proved.
(4) The presumptions in subsections (2) and (3) apply only to a worker who
(a) has been regularly exposed, throughout the worker’s employment

as a firefighter, to the hazards of a fire scene, and
(b) is first disabled as a result of the heart disease or heart injury, as

applicable, on or after May 29, 2014.
Section 140:
(1) Subject to subsections (2) and (3), if a worker who is or has been a
firefighter contracts
(a) primary site lung cancer, or
(b) a disease prescribed by regulation under subsection (4), the

disease must be presumed to be due to the nature of the worker’s
employment as a firefighter unless the contrary is proved.

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(2) The presumptions in subsection (1) do not apply to a worker unless the
worker
(a) has worked as a firefighter for the minimum cumulative period

prescribed by regulation under subsection (4) for the applicable
disease,
(b) throughout the period referred to in paragraph (a), has been

regularly exposed to the hazards of a fire scene, and
(c) is first disabled from the disease on or after the following date, as
applicable:
(i) in the case of primary site lung cancer, May 27, 2008;
(ii) in the case of a disease that was prescribed on or before

March 18, 2009 for the purposes of subsection (1)(b),
April 11, 2005;
(iii) in the case of a disease prescribed after March 18, 2009 for
the purposes of subsection (1)(b), the date on which the
regulation took or takes effect, as applicable.
(3) In addition to the conditions established by subsection (2), the

presumption for primary site lung cancer does not apply to a worker
unless the worker
(a) has, in the worker’s lifetime, smoked a combined total of fewer than
365 cigarettes, cigars and pipes, or
(b) has been a non-smoker of tobacco products immediately before the

date on which the worker is first disabled from that disease for the
minimum period prescribed by regulation under subsection (4).
(4) The Lieutenant Governor in Council may make regulations for the
purposes of this section, including regulations that
(a) establish minimum cumulative periods for the purposes of

subsection (2), which may be defined differently, and be different,
for different categories of firefighters, and
(b) establish minimum periods for the purposes of subsection (3),

which may be different for different types or amounts of previous
tobacco product usage.

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Section 143:
(1) This section applies to a deceased worker who, on the date of the
worker’s death,
(a) was under 70 years of age, and
(b) had an occupational disease of a type that impairs the capacity of

function of the lungs.
(2) If the death was caused by an ailment or impairment of the lungs or heart
of non-traumatic origin, it must be conclusively presumed that the death
resulted from the occupational disease.
POLICY
The fundamental requirement for an occupational disease to be compensable under

section 136(1) of the Act is that the occupational disease that the worker has is “due to
the nature of any employment in which the worker was employed, whether under one or
more employments”.
There are two approaches to establishing work causation: presumptions under the Act,
and non-Scheduled recognition.
A. SCHEDULE 1 PRESUMPTION
The primary significance of Schedule 1 is with its use as a means of establishing work
causation.
The fundamental purpose of Schedule 1 is to avoid the repeated effort of producing and
analyzing medical and other evidence of work-relatedness for a disease where research
has caused the Board to conclude that such disease is specific to a particular process,
agent or condition of employment (see Section C. of Item C4-25.10). Once included in
Schedule 1, it is presumed in individual cases that fit the disease and process/industry
description that the cause was work-related. A claim covered by Schedule 1 can be
accepted even though no specific evidence of work relationship is produced. A review
of the available medical and scientific evidence would establish a likely relationship
between the disease and the employment. The listing in the Schedule avoids the effort
of producing the evidence in every case. Where the research does not clearly relate the
disease to particular employments, the disease is not listed in Schedule 1 and the issue
of work-relatedness must be determined on a case-by-case basis (see Section C.,
below).

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If at the time a worker becomes disabled by a disease listed in Schedule 1, or if
immediately before such date, such worker was employed in the process or industry
described in column 2 of the Schedule opposite to such occupational disease, the
worker is entitled to a presumption that the occupational disease was caused by the
worker’s employment, “unless the contrary is proved”. This presumption applies
whether the occupational disease manifests itself while the worker is at work, at home,
while away on holidays, or elsewhere. The words “immediately before” used in
section 137(2) are intended to deal with those situations where someone has been
employed in the process or industry described in the Schedule, and has left that
employment a very short time prior to the onset of the disease.
If a worker becomes disabled by a disease listed in Schedule 1 but at the relevant time
had not been employed in the process or industry described in the Schedule, the claim
may still be an acceptable one, however no presumption in favour of work-relatedness
would apply. In this event establishing work causation follows the approach covered in
Section C., below.
Inclusion of the words “unless the contrary is proved” in section 137(2) means that the
presumption is rebuttable. Even though the decision-maker need not consider whether
working in the described process or industry is likely to have played a causative role in
giving rise to the occupational disease, the decision-maker must still consider whether
there is evidence which rebuts or refutes the presumption of work-relatedness.
likely than not.” If the evidence is more heavily weighted in favour of a conclusion that it
was something other than the employment that caused the disease, then the contrary
will be considered to have been proved and the presumption is rebutted. The
presumption is not rebutted because there is a lack of evidence to support work
causation. The gathering and weighing of evidence generally is covered in policy
items #97.00 through #97.70.
Difficulties may arise in determining whether the worker was employed in the process or
industry described in column 2 of the Schedule. This often arises because of the use of
such words as “excessive” or “prolonged”. While the Board would like to define more
precisely the amount and duration of exposure required instead of using these words, it
is usually not possible. The exact amounts will often vary according to the particular
circumstances of the work place and the worker, or may not be quantified with sufficient
precision by the available research. However, while such words are of uncertain
meaning, there is valid reason for inserting them. Individual judgment must be
exercised in each case to determine their meaning, having regard to the medical and
other evidence available as to what is a reasonable amount or duration of exposure.

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B. ADDITIONAL PRESUMPTIONS IN THE WORKERS COMPENSATION ACT
The Act provides the following additional presumptions:
 Mental disorder presumption (see section 135 of the Act);
 Firefighters’ occupational disease or personal injury presumption respecting

heart injury and heart disease (see section 139 of the Act);
 Firefighters’ occupational disease presumption respecting lung cancer and other

diseases (see section 140 of the Act);
 Non-traumatic lung or heart ailment or impairment presumption for workers who

die when under 70 years of age with a lung-impairing occupational disease (see
section 143 of the Act); and
 Communicable disease presumption (see section 144 of the Act).
C. WHERE NO PRESUMPTIONS APPLY
The designation or recognition of an occupational disease by inclusion in Schedule 1,

under section 138(2) by regulation of general application, or under section 138(4),
where a particular process, trade or occupation is specified, does not preclude the
disease’s designation or recognition as an occupational disease in a specific case by
order under section 138(3) of the Act, if the disease occurs prior to its designation or
recognition by one of the alternate methods.
In some cases a worker may have:
 an occupational disease not listed in Schedule 1;
 an occupational disease listed in Schedule 1 but not be employed in the process

or industry described opposite to it in the Schedule;
 an occupational disease listed in the regulation of general application, where the

process or industry of work-relatedness is not identified; and/or
 a disease not previously designated or recognized by the Board as an

In all these situations, the decision on whether the disease is due to the nature of any
employment in which the worker was employed, is determined on the merits and justice
of the claim without the benefit of any presumption. The same is true if for any other
reason the requirements of section 137 are not met.

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The occupational disease is due to the nature of the worker’s employment if the
employment was of causative significance in producing the disease. Causative
significance means more than a trivial or insignificant aspect.
The Board will conduct a detailed investigation of the worker’s circumstances including
information about the worker, the worker’s diagnosed condition, and the worker’s
workplace activities. The Board is seeking to gather evidence to establish whether the
worker’s employment was of causative significance in producing the disease. The
gathering and weighing of evidence generally is covered in policy items #97.00 through
#97.70. The Board gathers the relevant evidence and determines whether it is
sufficiently complete and reliable to arrive at a sound conclusion with confidence. If not,
the Board considers what other evidence might be obtained, and must take the initiative
in seeking further evidence. Although the nature of the evidence to be obtained and the
weight to be attached to it is entirely in the hands of the Board, to be sufficiently
complete the Board should obtain evidence from both the worker and the employer,
particularly if the Board is concerned about the accuracy of some of the evidence
obtained.
Since workers’ compensation in British Columbia operates on an inquiry basis rather

than on an adversarial basis, there is no onus on the worker to prove the worker’s case.
All that is needed is for the worker to describe the worker’s personal experience of the
disease and the reasons why the worker suspects the disease has an occupational
basis. It is then the responsibility of the Board to research the available scientific
literature and carry out any other investigations into the origin of the worker’s condition
which may be necessary. There is nothing to prevent the worker, the worker’s
representative, or physician from conducting their own research and investigations, and
indeed, this may be helpful to the Board. However, the worker will not be prejudiced by
a failure or inability to find the evidence to support the claim. Information resulting from
research and investigations conducted by the employer may also be helpful to the
Board.
As stated in policy item #97.10, a worker is also assisted in establishing a relationship

between the disease and the work by section 339 of the Act that provides:
(1) The Board may consider all questions of fact and law arising in a case, but
the Board is not bound by legal precedent.
(2) The Board must make its decision based on the merits and justice of the
case, but in doing this the Board must apply the policies of the board of
directors that are applicable in that case.
(3) If the Board is making a decision respecting the compensation or


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proof under section 339(3) of the Act is “at least as likely as not.” If the evidence
supporting different findings on an issue is evenly weighted, the issue will be resolved in
favour of the worker.

Therefore, the presence or absence of expert evidence supporting or opposing a causal
link is relevant and will generally be given weight by the Board, but it is not
determinative of causation; causation can be inferred from other evidence. In every
case, the Board decides whether the evidence supports a finding of causation based on
a weighing of the evidence.
If the evidence before the Board does not support a finding that the disease is due to
the nature of the worker’s employment, the Board’s only possible decision is to deny the
claim.
i. Natural Degeneration of the Body
It often happens that disability results from the natural aging process. At times the pace
of the process and each aspect of it can be influenced by environmental circumstances
and activity. Work, leisure activities, genetic factors, air purity, diet, medical care,
personal hygiene, personal relations and psychological make-up are all factors that may
influence the pace of many kinds of natural degeneration. Where the degeneration is of
a kind that affects the population at large, it is difficult for the Board to attempt a
measurement of the significance of each occupation on each kind of degeneration. It is
also difficult to determine whether a particular occupation had any significant effect in
advancing the pace of degeneration compared with other occupations, or compared
with a life of leisure. Where a degenerative process or condition is of a kind that affects
the population at large, it will not be designated or recognized by the Board as an
occupational disease unless employment causation can be established.
If a worker has a kind of bodily deterioration that affects the population at large, it is not
compensable simply because of a possibility that work may be one of the range of
variables influencing the pace of that degeneration. For the disability to be
compensable, the worker’s employment must have been of causative significance. The
evidence must establish it is “at least as likely as not” that the work activity brought
about an occupational disease that would not otherwise have occurred, or that the work
activity significantly advanced the development of a disability that would otherwise not
have occurred until later.
For example, osteoarthritis in the spine, rheumatoid arthritis, and degenerative disc
disease have not been designated or recognized as occupational diseases under
sections 138(1), (2), or (4) of the Act (Sections C., D. and F. of Item C4-25.10).

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CLAIMS MANUAL
ii. Aggravation of a Disease
Where a worker has a pre-existing disease which is aggravated by work activities to the
point where the disease disables the worker, and where such pre-existing disease
would not have been disabling in the absence of that work activity, the Board will accept
that it was the work activity that disables the worker and pay compensation. Evidence
that the pre-existing disease has been significantly accelerated, activated, or advanced
more quickly than would have occurred in the absence of the work activity, is
confirmation that a compensable aggravation has resulted from the work.
This must be distinguished from the situation where work activities have the effect of
drawing to the attention of the worker the existence of the pre-existing disease without
significantly affecting the course of such disease. For example, a worker who
experiences hand or arm pain due to an arthritis condition affecting that limb will not be
entitled to compensation simply because the worker experiences pain in that limb from
performing employment activities. Similarly, a worker with a history of intermittent pain
and numbness in a hand/wrist due to a pre-existing median nerve entrapment (carpal
tunnel syndrome) will not be entitled to compensation just because the worker’s work
activities also produce the same symptoms. To be compensable as a work-related
aggravation of a disease, the evidence must establish that the employment activated or
accelerated the pre-existing disease to the point of disabling the worker from earning full
wages in circumstances where such disability would not have occurred but for the
employment.
Where the pre-existing disease was compensable, the Board must decide if the
aggravation should be treated as a new claim or as a reopening of an earlier claim.
An aggravation of a pre-existing disease which is attributed to a specific event or

trauma, or to a series of specific events or traumas, will be treated as a personal injury
and will be adjudicated in accordance with the policies set out in Chapter 3. For
example, a worker who injures the back while performing a series of awkward lifts at
work may aggravate an underlying degenerative disc disease, or a worker with
subacromial bursitis may strain the shoulder while completing a particular lift.
An aggravation of a pre-existing disease which is not attributed to a specific event or

trauma, or to a series of specific events or traumas, will be treated as a disease. For
example, a worker with a prior history of carpal tunnel syndrome may aggravate such
condition to the point of requiring surgery as a result of several weeks of exposure to
vibrating equipment.
Where a compensable aggravation of a pre-existing disease occurs, consideration will

be given to relief of costs under section 240(1)(d) of the Act. If a permanent disability
results, consideration is also given to proportionate entitlement under section 146 of the
Act. (See policy items #114.40 and #114.41.)

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CROSS REFERENCES: Item C4-25.10, Has a Designated or Recognized Occupational Disease;
Policy item #97.70, Surveillance;
Policy item #114.41, Relationship Between Sections 146 and 240(1)(d);
Volume II.
policy items #26.20, #26.21, #26.22, #26.23, #26.50, and #26.55,
consequential to the implementation of the Workers Compensation Act,
R.S.B.C. 2019, c. 1. The examples in Section C.i. of naturally
degenerative conditions of the body that have not been designated or
recognized as occupational diseases are derived from Workers
Compensation Reporter series Decisions No. 99 (1975), 2 W.C.R. 15
and No. 205 (1976), 3 W.C.R. 16.
February 1, 2020 – Former policy item #26.20 was amended to remove
“and onus of proof.” Former policy items #26.21, #26.23, and #26.50
were amended to provide guidance regarding the legal issues of
standard of proof, evidence, and causation.
March 1, 2019 – Former policy items #26.21 and #26.23 were
consequentially amended to reflect the addition of policy item #97.70,
Surveillance, to the Manual.
July 23, 2018 – Former policy item #26.22 was consequentially amended
in accordance with changes to then section 5.1 of the Act, resulting from
the Workers Compensation Amendment Act, 2018, Bill 9 of 2018.
May 1, 2017 – Former policy item #26.20 was updated to identify the two
approaches to establishing work causation. Former policy item #26.21
was consequentially amended to reflect renumbering of former policy
item #26.23. Former policy item #26.22 was amended to add a
reference to the firefighters’ presumption and communicable disease
presumption provided in the Act. Former policy item #26.23 was
renumbered from #26.22.
June 1, 2009 – Former policy item #26.23 (then policy item #26.22)
deleted references to Board officers.
June 1, 2004 – Former policy item #26.21 had statements adopting a
broad interpretation of the phrase “immediately before” deleted.
March 3, 2003 – Former policy item #26.23 (then policy item #26.22)
added new wording of then section 99 of the Act.

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July 16, 2002 – Housekeeping changes were made to former policy item
#26.21.

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RE: Disabled from Earning Full Wages at Work ITEM: C4-25.30
BACKGROUND
This policy sets out the legislative requirement that the worker be disabled from earning
full wages at work.
2. The Act

(a) as applicable,

...
Section 143:
worker’s death,


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CLAIMS MANUAL
POLICY
No compensation other than health care benefits are provided to a worker who has an
occupational disease (with the exception of silicosis, asbestosis, or pneumoconiosis,
and claims for hearing loss to which section 145 of the Act apply) unless that
occupational disease “disables the worker from earning full wages at the work at which
the worker was employed”. No compensation is payable in respect of a deceased
worker unless the worker’s death was caused by an occupational disease (or is
presumed to have resulted from an occupational disease under section 143 of the Act).
Health care benefits may be provided for a worker who has an occupational disease
even though the worker is not disabled from earning full wages at the work at which the
There is no definition of “disability” in the Act. The phrase “that disables the worker from
earning full wages at the work at which the worker was employed” refers to the work at
which the worker was regularly employed on the date the worker was disabled by the
occupational disease. This means that for compensation beyond health care benefits to
be paid there must be some loss of earnings from such regular employment as a result
of the disabling effects of the disease, and not just an impairment of function. For
example, disablement for the purposes of section 136(1) may result from:
 an absence from work in order to recover from the disabling effects of the
disease;
 an inability to work full hours at such regular employment due to the disabling
effects of the disease;
 an absence from work due to a decision of the employer to exclude the

worker in order to prevent the infection of others by the disease;
 the need to change jobs due to the disabling effects of the employment.
A worker who must take time off from the worker’s usual employment to attend medical
appointments is not considered disabled by virtue of that fact alone. However, the
Board may pay a subsistence allowance for income loss to such a worker (see
Item C10-83.10).
A change of employment or lay-off from work for the purpose of precluding the onset of
a disability does not amount to a disability for this purpose.
For time limits with respect to occupational disease claims see Section B. of
Item C4-26.00.

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CROSS REFERENCES: Item C4-26.00, “Date of Injury” For Occupational Disease;
Item C10-83.10, Subsistence Allowances, of the Rehabilitation Services
& Claims Manual, Volume II.
HISTORY: April 6, 2020 – This policy replaced former policy item #26.30,
R.S.B.C. 2019, c. 1.

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RE: "Date of Injury" For Occupational Disease ITEM: C4-26.00
BACKGROUND
This policy sets out the decision-making principles for determining the “date of injury” for
2. The Act

(a) as applicable,


disease, and

employments.
...
Section 151:
(1) An application for compensation must
(a) be made on the form directed by the Board or prescribed by

regulation, and

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(b) be signed by the worker or the worker’s dependant making the
application.
(2) If the Board is satisfied that compensation is payable, it may be paid

without an application.
(3) Except as provided in this section and section 152, no compensation is

payable unless an application for compensation is filed, or a determination
under subsection (2) of this section is made, within one year after the date
of the worker’s injury, mental disorder, death or disablement from
(4) The Board may pay the compensation provided under this Part [Part 4 –
Compensation to Workers and Their Dependants] if
(a) an application is not filed within the period referred to in

subsection (3),
(b) the Board is satisfied that special circumstances existed that

precluded filing within that period, and
(c) the application is filed within 3 years after the date referred to in
subsection (3).
Compensation to Workers and Their Dependants] for the period beginning
on the date the Board receives an application for compensation if

subsection (3),

(c) the application is filed more than 3 years after the date referred to
in subsection (3).
Section 152:
Compensation to Workers and Their Dependants] if
(a) the application for compensation arises from a worker’s death or

disablement due to an occupational disease,
(b) sufficient medical or scientific evidence was not available on the

date referred to in section 151(3) for the Board to recognize the

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disease as an occupational disease and this evidence became
available on a later date, and
(c) the application is filed within 3 years after the date that sufficient
medical or scientific evidence, as determined by the Board, became
available to the Board.
(2) If, since July 1, 1974, the Board considered an application for
compensation under the equivalent of this section or section 151 in
respect of a worker’s death or disablement from occupational disease, the
Board may reconsider the application but must apply subsection (1) of this
section in the reconsideration.
POLICY
A. GENERAL
For the purposes of establishing a wage rate on a claim for occupational disease
(determining the average earnings and earning capacity of the worker at the time of the
injury), the Board considers the date the worker’s occupational disease disables the
worker from earning full wages as the occurrence of the injury. A worker will be
considered disabled for this purpose when the worker is no longer able to perform the
worker’s regular employment duties and as such would in the ordinary course sustain a
loss of earnings as a result. This date may or may not correspond with the date the
worker was first diagnosed with the occupational disease.
The date of the worker’s first seeking treatment by a physician or qualified practitioner
for the occupational disease is used for administrative purposes. For example, this date
will be used where there is no lost earnings. Where the worker’s condition was not at
that time diagnosed as an occupational disease, the relevant date is the date the
occupational disease is first diagnosed. These dates may also, in the absence of
evidence to the contrary, be used as the date of disablement for the purpose of
determining compensation entitlement under sections 151 and 152 of the Act.
B. TIME LIMITS AND DELAYS IN APPLYING FOR COMPENSATION
A person must apply for compensation for death or disablement due to an occupational
disease within the time limits set out in sections 151 and 152 of the Act. That person
can be the worker or the worker’s dependant(s) if the worker has died. People who
delay in applying for compensation may lose or limit their right to compensation
because the Board can only consider an application on its merits if the requirements of
section 151 are met. One of the purposes of these time limits is to ensure the Board is
given early notice of the claim so that the relevant evidence can be obtained when it is
more readily available.

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A person applying for compensation for an occupational disease must generally do so
within one year of the date of death or disablement (in most cases a disablement will
precede any death). There are exceptions provided in sections 151(4) and 151(5), as
noted below. If the worker is alive and if the occupational disease has never caused a
disablement, then time has not yet started to elapse for the purposes of section 151.
Section 151(3) provides:
Except as provided in this section and section 152, no compensation is payable

unless an application for compensation is filed, or a determination under
subsection (2) of this section is made, within one year after the date of the
worker’s injury, mental disorder, death or disablement from occupational disease
Under the terms of a predecessor to the current section 152, a claim must be denied if a
person applies to the Board more than one year after the worker’s most recent
disablement or after the worker’s death if:
• the death occurred before January 1, 1974, or
• the most recent disablement occurred before January 1, 1974 and the
exposure to the cause of the occupational disease in British Columbia did not
continue beyond that date.
C. APPLICANTS WHO FILE WITHIN THREE YEARS
The Board may consider paying compensation even though a person applies more than
one year after the death or disablement due to the occupational disease if:
• the worker or dependant applies within three years after the death or
disablement, and
• special circumstances precluded applying within one year.
Special circumstances are discussed in policy item #93.22.
If special circumstances do not exist, the Board cannot consider the claim, unless it
meets section 152(1), because the application will be out of time (see Section I., below).
D. APPLICANTS WHO FILE BEYOND THREE YEARS
A person who applies more than three years after the date of death or disablement due
to the occupational disease might still receive compensation under section 151(5). If
special circumstances precluded applying within one year, the Board may still consider
starting compensation payments from the date the Board received the application.
However, the Board cannot consider compensation payments for periods before that
date, unless the claim meets the requirements of section 152(1).

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If special circumstances do not exist, the Board cannot consider an application more
than three years after the date of death or disablement due to an occupational disease if
it does not meet the requirements of section 152(1), because the application will be out
of time.
E. NEWLY RECOGNIZED OCCUPATIONAL DISEASES
As noted in Section A. of Item C4-25.00, it is often more difficult to determine whether a

person’s employment caused a disease than to determine whether it caused a personal
injury. Our knowledge about the role a particular kind of employment may have in
causing various diseases changes over time. In recognition of this difficulty, section 152
applies only to claims for occupational disease.
The Board may consider paying compensation for a death or disablement due to an
occupational disease if all three of the following conditions apply:
1. At the time of the worker’s death or disablement, the Board does not have
sufficient medical or scientific evidence to recognize the disease as an
occupational disease for this worker’s kind of employment (even though
the Board may have recognized it as an occupational disease for other
kinds of employment).
2. The Board subsequently obtains sufficient medical or scientific evidence to

enable it to recognize the disease as an occupational disease for this
worker’s kind of employment.
3. The application for compensation is filed within three years after the date
the Board recognized the disease as an occupational disease for the
worker’s kind of employment.
The Board is not precluded from recognizing a disease by order dealing with a specific
case, even if the disease occurs prior to the Board designating or recognizing it under
one of sections 138(1), 138(2), or 138(4) (see Item C4-25.00, Section E.).
If, after July 1, 1974, and before August 26, 1994, the Board has considered an
application for compensation in respect of a worker’s death or disablement from
occupational disease, and has determined that all or part of the claim cannot be paid
because of the wording of former section 55 then in effect, the Board may now under
section 152(2) reconsider the claim and pay compensation for those periods previously
denied if it meets the requirements of section 152(1).
For example, in the 1970s sufficient medical or scientific evidence was not available for
the Board to recognize an association between exposure to coal tar pitch volatiles in
aluminum smelters and an excess risk of bladder cancer. It was not until the late 1980s
that sufficient evidence became available for the Board to recognize such an
association. (However, the Board had earlier recognized that there was an association

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CLAIMS MANUAL
between bladder cancer and prolonged exposure to certain chemicals used primarily in
the manufacture of rubber and dyes. In 1980 “primary cancer of the epithelial lining of
the urinary bladder” was added to then Schedule B (now Schedule 1), with a
corresponding presumption in favour of causation where the worker had prolonged
exposure to any of three listed chemicals.)
On March 13, 1989, the Board issued a policy directive recognizing bladder cancer as
an occupational disease for workers employed in aluminum smelting, dependent on the
concentration and length of exposure to coal tar pitch volatiles.
Section 152(1) allows the Board to consider the payment of compensation for any
worker disabled by bladder cancer who was exposed to sufficient doses of coal tar pitch
volatiles while employed in the aluminum smelting industry if:
• the exposure did not end before January 1, 1974, and

• the Board received the application not later than March 13, 1992.
Section 152(2) allows the Board to reconsider any claims for bladder cancer that meet
the requirements of section 152(1) and to pay compensation for any periods previously
denied because of the wording of the earlier former section 55 in effect since
July 1, 1974. The language of section 152 came into effect on August 26, 1994. If a
claim for bladder cancer is filed after March 13, 1992, then the requirements of
sections 151(3), (4), or (5) must be met before compensation can be paid.
F. DISCRETION TO PAY COMPENSATION
As stated in policy item #93.22, even though special circumstances may have precluded
the filing of the application within one year, the Board has discretion under section 151
whether or not to pay compensation. In exercising that discretion, the Board considers
whether the time elapsed since the death or disability due to the occupational disease
has prejudiced its ability to investigate the merits of the claim, including determining
whether the worker was disabled from earning full wages at the work at which the
The Board considers the availability of evidence, such as:
• medical records about the worker’s state of health at relevant times (cause of
death in the case of a deceased worker)
• employment records that may document exposures to contaminants or

hazardous processes, or periods of disability that may have been due to the
occupational disease
• evidence from co-workers or others who may know about the worker’s
employment activities.

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CLAIMS MANUAL
The Board will generally decide not to pay compensation if so much time has elapsed
that it cannot reasonably obtain sufficient evidence to determine whether:
• the worker’s disease was causally connected to the employment, or
• the worker was disabled by the disease when claimed.
A request for review by the Review Division can be made on a Board decision not to
pay compensation.
Where a worker has experienced more than one period of disablement from the
occupational disease for which the worker intends to claim, then each period of
disablement will have to be individually considered to determine if the requirements of
section 151 are met with respect to that period.

CROSS REFERENCES: Item C4-25.00, Occupational Disease;
Policy item #93.22, Application Made Out of Time;
Volume II.
HISTORY: October 21, 2020 – Amended to reflect amendment to limitation period
provision in the Act by the Workers Compensation Amendment Act, 2020
(Bill 23 of 2020), in effect August 14, 2020.
April 6, 2020 – This policy resulted from the consolidation of former
policy items #32.50, #32.55, #32.56, #32.57, #32.58, and #32.59,
R.S.B.C. 2019, c. 1.
June 1, 2009 – Former policy item #32.50 deleted references to Board
officer.
October 1, 2007 – Former policy item #32.50 was revised to delete
reference to assigning a claim member.
March 3, 2003 – Former policy item #32.58 was amended to reflect the
new wording of then section 55(3.3). Former policy item #32.59 was
revised to reference the Review Division.
APPLICATION: Applies to all decisions made on or after October 21, 2020.

C4-26.00
Page 7 of 7
CLAIMS MANUAL
RE: Activity-Related Soft Tissue Disorders ITEM: C4-27.00

(“ASTDs”) of the Limbs
BACKGROUND
This policy provides guidance on the adjudication of ASTDs of the limbs.
2. The Act
Section 134(1):

(a) as applicable,


disease, and

employments.

C4-27.00
Page 1 of 3
CLAIMS MANUAL
POLICY
A. DEFINITION OF ASTD
The terms “cumulative trauma disorder”, “repetitive strain injury”, “repetitive motion
disorder”, “occupational overuse syndrome”, “occupational cerviobrachial disorder”,
“hand/arm vibration syndrome”, “work-related musculoskeletal disorder”, and others, are
broad collective terms used to describe a diverse group of soft tissue disorders which
may or may not be caused or aggravated by employment activities. Each of these
collective terms can be misleading. They may imply the presence of “repetition” or
“trauma” or “motion” or “work-relatedness” where in fact the cause of the disorder may
be due in whole or in part to other factors that are not work-related.
The common elements of the disorders included in these collective terms are:
 they are related to physical activity; and

 they affect muscles, tendons, and other soft tissues.
The Board uses the term ASTDs to describe this group of disorders of the limbs which
may or may not be caused or aggravated by employment activities.
B. PERSONAL INJURY OR OCCUPATIONAL DISEASE
The following policies deal with the compensability of ASTDs affecting the limbs, and
specifically ASTDs that are recognized as occupational diseases in Schedule 1 (see
Section C. of Item C4-25.10) or by regulation (see Section D. of Item C4-25.10).
Where an ASTD is attributed to a sudden trauma or an infection due to a penetrating

wound, it will be treated as an injury and adjudicated in accordance with the policies in
Chapter 3 (see Item C3-12.00). A claim made by a worker diagnosed with an ASTD
where no specific trauma or penetrating wound has occurred, will be treated as a
disease and adjudicated in accordance with the policies in Chapter 4 of this Manual.
The Board will adjudicate a claim made by a worker under both section 134 and
section 136 of the Act, and in accordance with the policies found in Chapter 3 and
Chapter 4, where either:
 there is an unclear ASTD diagnosis and the evidence indicates the condition may
be either an injury or a disease; or
 there is a clear ASTD diagnosis but the evidence indicates the condition may be
either an injury or a disease.

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C. DEFINITIONS OF NERVE ENTRAPMENT AND TENDINOPATHY
The majority of the ASTDs discussed in this section can be classified as nerve
entrapments or tendinopathies. A nerve entrapment occurs when nerve function is
affected by mechanical anatomical factors that compress the nerve, such as, tight
muscles or tendons, lesions, bony irregularities or swelling.
Tendinopathy is a generic descriptor of the clinical conditions in and around tendons,

characterized by a combination of pain, swelling and impaired functioning.
Tendinopathy encompasses tendinitis, which implies an inflammatory tendon condition,
and tendinosis, which implies a degenerative tendon condition. The term tendinitis can
be misleading because it is often used to describe all painful tendon conditions, even
when there is a lack of inflammatory change.

AUTHORITY: Sections 134, 136, and 319 of the Act.
Item C4-25.10, Has a Designated or Recognized Occupational Disease,
HISTORY: April 6, 2020 – This policy replaced sections 1 to 4 of former policy
item #27.00, consequential to the implementation of the Workers
direction when adjudicating ASTD claims where the condition may be
either an injury or a disease, and to further emphasize the importance for
the Board to base its decisions on the merits and justice of the case.
March 1, 2015 – Former policy item #27.00 provided guidance on
adjudicating ASTDs generally. It incorporated language from former
policy items #27.00, Activity-Related Soft Tissue Disorders of the Limbs,
#27.11, Bursitis, #27.12, Tendinitis and Tenosynovitis, #27.20,
Tendinitis/Tenosynovitis and Bursitis Claims Where No Presumption
Applies, and #27.40, Risk Factors. The policy provided guidance on
adjudicating ASTDs as either personal injuries or occupational diseases,
included the definitions for “nerve entrapment” and “tendinopathy” and
included guidance on factors relevant to establishing work causation of
ASTDs and risk factors generally.

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CLAIMS MANUAL
RE: Establishing Work Causation for ASTDs of the Limbs ITEM: C4-27.10
BACKGROUND
This policy provides guidance for establishing work causation for ASTDs of the limbs.
2. The Act

(a) as applicable,


disease, and
...
Section 137(2):
If, on or immediately before the date of the disablement, the worker was
employed in a process or industry described in column 2 of Schedule 1 opposite
the occupational disease that has resulted in the disablement, the occupational
disease must be presumed to have been due to the nature of the worker’s
employment unless the contrary is proved.
(2) The Board may, by regulation of general application, designate or

recognize a disease as an occupational disease.

C4-27.10
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...
POLICY
A. ESTABLISHING WORK CAUSATION
When the strength of association between a process or industry and a specific ASTD is
strong, the Board may include it in Schedule 1, with the benefit of the rebuttable
presumption provided for in section 137 of the Act.
Where the Board designates or recognizes a disease as an occupational disease by

regulation of general application as provided for in section 138(2) of the Act, the Board
determines whether a worker’s ASTD was caused or aggravated by the worker’s
employment (see Item C4-25.20).
For ASTDs that are not included in Schedule 1, the Board may, by order under
section 138(3) of the Act, designate or recognize an ASTD as an occupational disease
in a specific case by assessing work causation under section 136(1) of the Act based on
the circumstances of the individual case, with consideration of risk factors set out in
policy, and the current medical/scientific evidence. The Board makes its decisions
based on the merits and justice of the case, but in doing this the Board applies the
applicable Board policies.
In determining whether the worker’s employment was of causative significance in

causing or aggravating the worker’s ASTD, the Board considers:
 the mechanics of the employment activity in question (e.g. is the condition

bilateral, while the employment activity to a greater degree required movement of
the limb on one side?);
 whether any changes took place in the worker’s employment or non-employment

activities prior to or at the time of onset of the ASTD;
 whether there is evidence of ASTD onset in those who perform the same type of
employment or non-employment activities as the worker;
 the potential combined effect of activities in more than one employment; and
 whether the worker has pre-existing injuries, diseases or other conditions that
may be associated with the onset of the ASTD at issue, and the cause of such
conditions.

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When making the above determination, the Board recognizes that:
 ASTDs may be caused by exposure to employment-related risk factors, but they

may also be caused by exposure to non-employment-related risk factors that
occur as part of everyday life (e.g. while playing recreational sports);
 some cases of an ASTD may be idiopathic (occurring without known cause)

where a causal agent cannot be identified;
 some ASTDs may develop over hours while others develop over years;
 two or more ASTDs may exist simultaneously; a second ASTD may occur as the
result of adjusting to, or compensating for, the first;
 some people are more susceptible to the development of ASTDs than others;
and
 ASTDs are often caused by exposure to a combination of risk factors, rather than
just one risk factor.
B. ANALYZING RISK FACTORS
Determining whether an ASTD is due to the nature of a worker’s employment requires

an analysis of risk factors relevant to the causation of ASTDs for the purposes of
section 138(2) and (3). The Board considers all relevant risk factors in a particular
case. The presence or absence of some risk factors may suggest work causation, while
the presence or absence of others may suggest non work-related causation.
Risk factors may act directly in causing an ASTD or they may act indirectly by creating
the conditions that may lead to an ASTD. Risk factors are not equal nor can they be
consistently ranked in order of importance. Their relative importance will vary with the
circumstances of each claim. Individual judgment is exercised in each case to
determine the weight to be given to each risk factor having regard to the available
evidence.
When assessing whether a worker’s employment was of causative significance in the

development of an ASTD, the Board generally considers how the worker interacts with
the work environment and the following employment-related risk factors:
 cold temperature: cold may have direct damaging effects on the tissue through
vascular constriction and other mechanisms;
 dose: the level of intensity of a risk factor over a specific duration;
 duration: the length of time a worker is exposed to a particular risk factor;

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 force: the physical effort a worker must exert to perform a particular movement
or activity;
 frequency: the number of repetitions of a complete sequence of tasks or

movements of a process occurring per unit of time during a work cycle;
 grip type: the posture of the hand required for a worker to grasp an object to
perform a particular movement or activity. Different types of grips require the
application of different force levels;
 hand-arm vibration: the vibration that is transmitted from vibrating surfaces of

objects such as hand tools, through the hands and arms;
 local contact stresses: the results from physical pressure between body tissues
and objects in the work environment such as tools, machinery, and products;
 magnitude: the degree of exposure to a noted risk factor;
 posture: refers to postures that are awkward. Postures are awkward when joints
are held at or near the end of range of motion or muscle tension is required to
hold the posture without movement;
 repetition: the cyclical use of the same body tissues either as a repeated motion
or as a repeated muscular effort without movement. Consideration is given to
the:
o work cycle;
o work period; and
o work-recovery (rest) cycle;
 static load: sustain a given level of muscle force/exertion for a duration of time,
against gravity or against some other external force;
 task variability: the degree to which the task remains unchanged thus causing
loading of the same tissues in the same way;
 unaccustomed activity: tissues not being acclimatized to the activities performed;
 work cycle: an exertion period and a recovery (or smaller exertion) period
necessary to complete one sequence of a task, before the sequence is repeated;
and
 work-recovery (rest) cycle: the availability and distribution of breaks in a

particular activity to allow the tissue to return to a resting state for recovery.
This is not an exhaustive list, and relevant factors not listed in policy may also be
considered.

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When assessing whether one of the above noted employment-related risk factors
caused or contributed to the development of a worker’s ASTD, the Board considers:
 the location of the anatomical structure affected (e.g. the elbow);
 the risk factors involved in the worker’s employment activities;
 the muscle groups, tendons and joints involved in performing the worker’s
employment activities; and
 whether there is a biologically plausible connection between the employment
activities and the development of the ASTD.

CROSS REFERENCES: Item C4-25.10, Has a Designated or Recognized Occupational Disease
(Section C. Recognition by Inclusion in Schedule 1, and Section D.
Recognition by Regulation of General Application);
Volume II.
HISTORY: April 6, 2020 – This policy replaced sections of former policy
item #27.00, consequential to the implementation of the Workers
February 1, 2020 – Amendments include providing direction when
adjudicating ASTD claims where the condition may be either an injury or
a disease, and further emphasizing the importance of considering all of
the relevant ASTD risk factors in a particular case, and for the Board to
base its decisions on the merits and justice of the case.
March 1, 2015 − Former policy item #27.00 provided guidance on
adjudicating ASTDs generally. It incorporated language from former
policy items #27.00, Activity-Related Soft Tissue Disorders of the Limbs,
#27.11, Bursitis, #27.12, Tendinitis and Tenosynovitis, #27.20,
Tendinitis/Tenosynovitis and Bursitis Claims Where No Presumption
Applies, and #27.40, Risk Factors, of the Rehabilitation Services &
Claims Manual, Volume II. This policy provided guidance on
adjudicating ASTDs as either personal injuries or occupational diseases.
The definitions of the terms nerve entrapment and tendinopathy were
included. Guidance on factors relevant to establishing work causation of
ASTDs and risk factors generally were included.

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RE: ASTDs Recognized by Inclusion in Schedule 1 ITEM: C4-27.20
BACKGROUND
This policy provides guidance for adjudicating ASTDs recognized in Schedule 1.
2. The Act
Section 1, in part:
“occupational disease” means a disease ... that is
(a) a disease identified in Schedule 1 [Presumption of Occupational

Disease Related to Specific Process or Industry] of this Act,
...
(1) Compensation is payable under this Part in [Part 4 − Compensation to

Injured Workers and Their Dependants] relation to an occupational
(a) as applicable,

...
Section 137:


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Schedule 1:
See Appendix 2.
POLICY
The following ASTDs are recognized as occupational diseases by inclusion in

Schedule 1: hand-wrist tendinopathy (Section A. of this policy), shoulder tendinopathy
and shoulder bursitis (Section B. of this policy), knee bursitis (Section C. of this policy),
and hand-arm vibration syndrome (Section D. of this policy).
The general application of the Schedule 1 presumption for establishing work causation
is discussed in Section A. of Item C4-25.20.
A. HAND-WRIST TENDINOPATHY
Schedule 1 lists “hand-wrist tendinopathy” as an occupational disease (Schedule 1

item 14(1)). Schedule 1 provides a rebuttable presumption that hand-wrist tendinopathy
is due to the nature of employment where a worker was employed in a process or
industry:
Where there is use of the affected tendon or tendons to perform a task or series of
tasks that involve any 2 of the following and where such activity represents a
significant component of the employment:
(a) frequently repeated motions or muscle contractions that place strain on the
affected tendon or tendons;
(b) significant flexion, extension, ulnar deviation or radial deviation of the affected
hand or wrist;
(c) forceful exertion of the muscles used in handling or moving tools or other
objects with the affected hand or wrist.

Hand-wrist tendinopathy is characterized by a combination of pain, swelling and

impaired functioning of the tendons around the hand-wrist.

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The Board applies the following guiding principles when interpreting the descriptions
used in Schedule 1 in connection with hand-wrist tendinopathy.
i. Frequently Repeated
In item 14(1) of Schedule 1, the words “frequently repeated motions or muscle

contractions” mean a worker who is performing the same work task(s) again and again
without interruption or rest between.
Generally, tasks that place strain on the affected tendon or tendons, and that are
considered to involve “frequently repeated motions or muscle contractions” are
repeated:
 at least once every 30 seconds; or
 with at least 50 percent of the work cycle spent performing the same motions or
muscle contractions, and less than 50 percent of the work cycle time for the
affected muscle/tendon groups to return to a relaxed or resting state.
For tasks that involve shorter work cycle frequencies or greater periods of rest and
recovery time than referred to above, the Board may not consider a worker who has
hand-wrist tendinopathy to be employed in the process or industry described in
column 2 of Schedule 1. In these cases, there is no presumption of work causation, but
the Board assesses whether a worker was performing “frequently repeated motions or
muscle contractions” in the context of each individual case, and applies Section E. of
this policy.
ii. Significant Flexion, Extension, Ulnar Deviation or Radial Deviation
In item 14(1) of Schedule 1, the words “significant flexion, extension, ulnar deviation or
radial deviation of the affected hand or wrist” mean:
 moving (or holding) the hand or wrist in greater than 25 degrees of flexion from
anatomical neutral (0 degrees);
 moving (or holding) the hand or wrist in greater than 25 degrees of extension
from functional neutral (20 degrees from anatomical neutral);
 moving (or holding) the hand or wrist in greater than 10 degrees of ulnar
deviation; or
 moving (or holding) the hand or wrist in greater than 10 degrees of radial
deviation.

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iii. Forceful Exertion
In item 14(1) of Schedule 1, the words “forceful exertion of the muscles used in handling
or moving tools or other objects with the affected hand or wrist” mean that the muscles
and tendons that are used are loaded to a significant proportion of the maximum
mechanical limit of those tissues. This limit varies depending on factors such as the
size, strength, and fitness level of the individual performing the work.
In determining whether the worker has been engaged in “forceful exertion” of the
muscles utilized, the Board considers the following, including but not limited to:
 the weight of the tool or work object;
 the manner in which the tool or work object is moved (e.g., pushed, pulled,
carried, lifted, lowered, gripped, pinched, etc.);
 the distance the tool or work object is moved;
 the speed at which the tool or work object is moved (extra force may be needed
to start or stop moving objects);
 the amount of friction that exists between the tool or work object and the worker’s
hand (slippery tools may require greater force to grip) or between the tool or work
object and other surfaces (greater force may be required to overcome that
friction);
 whether tools or work objects are handled using a pinch grip or a power grip
(pinch grips exert more force on the tendons of the thumb and fingers);
 whether sustained force must be applied (after an initial force is applied); and
 whether the tool or work object is vibrating (greater force may be required to
control a vibrating object).
Other evidence may be relevant to determining whether there was “forceful exertion” in
the context of each individual case.
iv. Significant Component of the Employment
In item 14(1) of Schedule 1, the words “where such activity represents a significant
component of the employment” mean that the worker has been exposed to the
processes described in paragraphs (a), (b), and (c) of item 14(1) for sufficiently long that
it is biologically plausible that the hand-wrist tendinopathy resulted from the employment
activities.

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Employment activities that involve minimal or trivial use of the hand-wrist as described
in item 14(1) do not amount to “a significant component of the employment”.
For claims that do not meet the descriptions contained in item 14(1) of Schedule 1,
there is no presumption of work causation, but the Board determines on the evidence
whether the hand-wrist tendinopathy was due to the nature of the employment under
section 136(1) of the Act (Section E. of this policy).
B. SHOULDER BURSITIS AND SHOULDER TENDINOPATHY
Schedule 1 lists “shoulder bursitis” (Schedule 1 item 13(2)) and “shoulder tendinopathy”
(Schedule 1 item 14(2)) as occupational diseases. Schedule 1 provides a rebuttable
presumption that shoulder tendinopathy and shoulder bursitis are due to the nature of
employment where a worker was employed in a process or industry:
Where there is frequently repeated or sustained abduction or flexion of the

shoulder joint greater than 60º and where such activity represents a significant
component of the employment.

Bursitis is inflammation of a bursa (a sac-like cavity found at a site of potential friction

between tendons and muscles and a bony prominence lying beneath them). By virtue
of its anatomical proximity to less flexible structures, a bursa can become inflamed if it is
subjected to excessive friction, rubbing or pressure. Bursitis may also be caused by
other conditions including autoimmune diseases, general inflammatory diseases (such
as rheumatoid arthritis) and bacterial infections typically following a puncture wound.
Shoulder bursitis and shoulder tendinopathy are characterized by a combination of pain,

swelling, and impaired functioning around the tendons of the shoulder.
used in Schedule 1 in connection with shoulder bursitis (Schedule 1 item 13(2)) and
shoulder tendinopathy (Schedule 1 item 14(2)).
i. Frequently Repeated Abduction or Flexion of the Shoulder Joint
In determining whether a particular work task involves “frequently repeated or sustained

abduction or flexion of the shoulder joint greater than 60º”, the Board considers the
following, including but not limited to:
 the frequency of the work cycle for the tasks being performed (how often there is
abduction or flexion of the shoulder joint greater than 60º);

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 the amount of time during a work cycle that the affected muscle/tendon groups of
the shoulder are working compared to the amount of time such tissues have to
return to a relaxed or resting state;
 the amount of time between work cycles that the affected muscle/tendon groups
of the shoulder have to return to a relaxed or resting state;
 whether other activities are performed between work cycles that require motions
or muscle contractions that affect the ability of the affected muscle/tendon groups
of the shoulder to return to a relaxed or resting state, and if so whether such
activities are repetitive in nature.
Generally, tasks that are considered to involve “frequently repeated or sustained

abduction or flexion of the shoulder joint greater than 60º” are repeated:
 at least once every 30 seconds; or
 with at least 50 percent of the work cycle spent in abduction or flexion and where
the muscle/tendon groups of that shoulder have less than 50 percent of the work
cycle time to return to a relaxed or resting state.
For tasks that involve less frequent repetition or greater periods of rest and recovery
time than referred to above, the Board may not consider a worker who has shoulder
bursitis or shoulder tendinopathy to be employed in the process or industry described in
column 2 of Schedule 1. In these cases, there is no presumption of work causation, but
the Board assesses whether the worker was performing “frequently repeated or
sustained abduction or flexion of the shoulder joint greater than 60º” in the context of
each individual case, and applies Section E. of this policy.
ii. Sustained Abduction or Flexion of the Shoulder Joint
In items 13(2) and 14(2) of Schedule 1, the words “sustained abduction or flexion of the
shoulder joint” mean that the shoulder joint is held in a static position of abduction or
flexion greater than 60º. The greatest pressure is placed on the shoulder bursa when
there is between 60º and 120º of abduction or flexion (0º being when the arm is straight
down by the side of the torso). The longer the shoulder joint is held in such a static
position during the work cycle, and the less time the affected muscle/tendon groups of
the shoulder have to return to a relaxed or resting state, the more one is able to
conclude that the employment involves “sustained abduction or flexion of the shoulder
joint”.
Conversely, the less time the shoulder joint is held in such a static position during the
work cycle, and the more time that the affected muscle/tendon groups of the shoulder
have to return to a relaxed or resting state, the less one is able to conclude that the
employment involves “sustained abduction or flexion of the shoulder joint”.

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iii. Significant Component of the Employment
In items 13(2) and 14(2) of Schedule 1, the words “where such activity represents a
significant component of the employment” mean that the worker has been performing
work activities involving the described use of the shoulder joint for sufficiently long that it
is biologically plausible that the inflammation or degeneration affecting the shoulder has
resulted from the employment activities.
Employment activities that involve minimal or trivial use of the shoulder joint do not
amount to “a significant component of the employment”.
For claims that do not meet the descriptions contained in items 13(2) or 14(2) of
Schedule 1, there is no presumption of work causation, but the Board determines on the
evidence whether the shoulder bursitis or shoulder tendinopathy was due to the nature
of the employment under section 136(1) of the Act (see Section E. of this policy).
C. KNEE BURSITIS
Schedule 1 lists “knee bursitis (inflammation of the prepatellar, suprapatellar, or

superficial infrapatellar bursa)” as an occupational disease (Schedule 1 item 13(1)).
Schedule 1 provides a rebuttable presumption that knee bursitis is due to the nature of
employment where a worker was employed in a process or industry:
Where
(a) there is repeated jarring impact against the involved bursa, or
(b) there are significant periods of kneeling on the involved bursa.
Bursitis is inflammation of a bursa (a sac-like cavity found at a site of potential friction

between tendons and muscles and a bony prominence lying beneath them). By virtue
of its anatomical proximity to less flexible structures, a bursa can become inflamed if it is
subjected to excessive friction, rubbing or pressure. Bursitis may also be caused by
other conditions including autoimmune diseases, general inflammatory diseases (such
as rheumatoid arthritis) and bacterial infections typically following a puncture wound.
In item 13(1) of Schedule 1, the words “significant periods of kneeling” mean kneeling
for a period of time that is sufficiently long that it is biologically plausible that bursitis
resulted from the employment activities.
Employment activities that involve minimal or trivial periods of kneeling do not amount to
a “significant period of kneeling”.
For claims that do not meet the descriptions contained in item 13(1) of Schedule 1,
there is no presumption of work causation, but the Board determines on the evidence
whether the knee bursitis was due to the nature of the employment under section 136(1)
of the Act (Section E. of this policy).

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D. HAND-ARM VIBRATION SYNDROME (“HAVS”)
Schedule 1 lists “hand-arm vibration syndrome” as an occupational disease (Schedule 1

item 17). Schedule 1 provides a rebuttable presumption that HAVS is due to the nature
of employment where a worker was employed in a process or industry:
Where there has been at least 1000 hours of exposure to tools or equipment that
causes the transfer of significant vibration to the hand or arm of the worker.
HAVS is a condition also known as vibration-induced Raynaud’s phenomenon or

vibration-induced white finger.
Operators of vibratory tools or equipment may develop physiologic changes induced by

that vibration. These tools and equipment include, but are not limited to, chainsaws,
pneumatic drills, impact wrenches, chipping hammers, grinders, jackhammers, and
polishers. Initial symptoms of these physiologic changes may include persistent
numbness and tingling, swelling and/or blanching of the fingers.
used in Schedule 1 in connection with HAVS.
i. Dose
Dose is the most important risk factor in the development of HAVS. It is a function of
both the level or intensity of the vibration and the duration of that vibration. It is
generally considered that frequencies in the range of 5 to 1500 cycles per second can
be hazardous. Intensity is usually measured by the level of acceleration of the vibrating
tool (the time rate of change of the speed of the vibrating object measured in metres per
second per second, or m/sec2). The greater the dose of vibration (the greater the
acceleration of the vibrating tool and/or the greater the cumulative hours of exposure to
the vibration) the lower is the latency period measured from the time of first exposure to
the vibration and the onset of symptoms of HAVS.
In order for the presumption to apply in the case of HAVS, there must have been at
least 1000 hours of exposure. For claims that do not meet the descriptions contained in
item 17 of Schedule 1, there is no presumption of work causation. It should be noted,
however, that the condition could occur with exposures less than 1000 hours if the
intensity of the exposure is significant. The Board determines on the evidence whether
the HAVS was due to the nature of the employment under section 136(1) of the Act in
the context of each individual case, and applies Section E. of this policy, below. Such
cases are considered on their own merits.
ii. Significant Vibration to the Hand-Arm
In item 17 of Schedule 1, the words “significant vibration” is a recognition that the

intensity of vibration experienced by the worker must be significant for the presumption

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in favour of work causation to apply. The Board assesses whether a worker was
exposed to “significant vibration” in the context of each individual case.
Continuous exposure to vibration may increase the risk of developing HAVS when
compared to exposure to vibration which is interrupted by rest periods (e.g. 10 minutes
of rest during each hour of exposure).
The greater the grip force used to grasp the vibrating tool or equipment, the more
efficient is the transfer of vibration energy to the hand or arm of the worker and the
greater the risk that physiologic changes will occur. For some tools the greater the
intensity of the vibration, the greater will be the grip force required to control the tool.
Anti-vibration gloves may absorb some of the higher frequencies (above 500 cycles per
second) and allow workers to maintain hand temperatures and to prevent calluses.
Conventional glove designs do little to absorb frequencies below 500 cycles per second.
Some of these gloves may actually amplify lower frequencies.
iii. Other Considerations
Workers with pre-existing conditions such as connective tissue diseases or vascular

diseases may be more susceptible to vibration-induced physiologic changes that may
result in HAVS.
In order to conclude that a worker suffers from HAVS, the Board must first determine
that the worker does not suffer from primary Raynaud’s disease (which is a recognized
clinical entity that has no known cause) or from other non-vibration induced causes of
secondary Raynaud’s phenomenon. These include, but are not limited to, collagen
vascular disease, peripheral vascular disease, or peripheral neuropathies such as
carpal tunnel syndrome. The presence or absence of these conditions should be
commented upon by the physician who has assessed the worker.
Most compensable injuries and occupational diseases involve an initial period of

temporary disability during which temporary total or temporary partial disability wage-
loss benefits are paid. The physical impairment of the worker will usually improve in
time until it disappears entirely or results in a permanent disability. However, in the
case of some occupational diseases, there is no initial period of temporary disability; the
disability is permanent right from the time it first becomes manifest as a disability and no
wage-loss benefits are payable. HAVS is one of these diseases. Permanent disability
benefits are payable in respect of the disabilities caused by these diseases only once a
specified minimum level of impairment is reached. Wage-loss benefits are payable in
those rare cases where a period of temporary disability results from the disease.
For claims that do not meet the descriptions contained in item 17 of Schedule 1, there is
no presumption of work causation, but the Board determines on the evidence whether
the HAVS was due to the nature of the employment under section 136(1) of the Act (see
Section E. of this policy).

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E. ASTDS LISTED IN SCHEDULE 1 WHERE NO PRESUMPTION APPLIES
If a worker has an ASTD listed in Schedule 1, but the worker was not employed in the
process or industry described opposite to the disease in column 2 of Schedule 1, there
is no presumption of work causation. In these cases, the Board determines on the
evidence whether the occupational disease was due to the nature of the employment
under section 136(1) of the Act (see policy in Section C. of Item C4-25.20).
Even if the requirements of column 2 of Schedule 1 are not met, Schedule 1 may still
provide some guidance on the type of risk factors that may be considered in
establishing work causation of the occupational disease in question. However, the
requirements of column 2 of Schedule 1 are not the only matters to be considered. It is
only where the presumption applies that it may be unnecessary to consider such other
matters because work causation will already have been established.
The compensability of a claim for an ASTD listed in Schedule 1 where the presumption
does not apply depends on whether or not the employment activities (the employment-
related exposure to risk factors) played a significant role in producing the ASTD. The
employment-related exposure need not be the sole or even the predominant cause; it
simply needs to have been of causative significance.

AUTHORITY: Sections 1, 136(1), 137, and Schedule 1 of the Act.
(Section C. Recognition by Inclusion in Schedule 1);
Item C4-27.00, Activity-Related Soft Tissue Disorders (“ASTDs”) of the
Limbs;
Volume II.
policy items #27.10, #27.11, #27.12, #27.13, #27.14, and #27.20,
R.S.B.C. 2019, c. 1.
guidance regarding the legal issue of standard of causation, and to
reflect title change to then policy item #26.23.
May 1, 2017 – Former policy item #27.20 was consequentially amended
to reflect renumbering of then policy item #26.23 (formerly #26.22).
March 1, 2015 – Former policy item #27.10 was amended for clarity and
to reflect the new numbering of the ASTD policies and terminology.
Former policy item #27.11 was amended for clarity by including
reference to specific text of the then Schedule B presumption, along with
definitions of tendinopathy and hand-wrist tendinopathy; the definition of
hand-wrist tendinopathy was updated; and the descriptions of flexion and
extension were clarified. Former policy item #27.12 was amended by
including reference to specific text of the then Schedule B presumption,

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along with updated definitions of shoulder tendinopathy and shoulder
bursitis; terms from former policy item #27.00 were included; policy
direction on bursitis, and tendinitis and tenosynovitis were combined
because the two conditions share the same risk factors. Former policy
item #27.13 was amended by including reference to specific text of the
then Schedule B presumption, including modifying the wording of the
then Schedule B presumption to refer to the “involved bursa” instead of
the “affected knee”, along with an updated definition of bursitis. Former
policy item #27.14 had minor changes for clarity. Former policy item
#27.20 had a title change; included all ASTDs listed in then Schedule B
where there is no presumption; cross referenced to then policy
item #26.23 was added because it provided general guidance on this
topic; content was updated so that it applied to any ASTD where no
presumption applies.

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RE: ASTDs Recognized by Regulation ITEM: C4-27.30
BACKGROUND
This policy provides guidance for adjudicating ASTDs recognized by regulation.
2. The Act
Section 136(1):
Compensation is payable under this Part [Part 4 − Compensation to Injured

Workers and Their Dependants] in relation to an occupational disease, as if the
disease were a personal injury arising out of and in the course of a worker’s
employment, if
(a) as applicable,


disease, and

employments.
Section 138(2):
The Board may, by regulation of general application, designate or recognize a

disease as an occupational disease.
POLICY
The following ASTDs, which may be caused or aggravated by employment activities,

have been designated or recognized as occupational diseases by regulation of general
application, under section 138(2) of the Act:

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 Bursitis (other than the forms of bursitis mentioned in item 13 of Schedule 1 of

the Act);
 Carpal Tunnel Syndrome;
 Cubital Tunnel Syndrome;
 Disablement by vibrations;
 Hypothenar Hammer Syndrome;
 Plantar Fasciitis;
 Radial Tunnel Syndrome;
 Tendinopathy (other than the forms of tendinopathy mentioned in item 14 of

Schedule 1 of the Act), including:
o Epicondylopathy (lateral and medial), and

o Stenosing Tenosynovitis (Trigger Finger); and
 Thoracic Outlet Syndrome.
For occupational diseases recognized by regulation under section 138(2), there is no

presumption in favour of work causation. These occupational diseases are
compensable only if the evidence establishes in the particular case that the
occupational disease is due to the nature of any employment in which the worker was
employed (see policy in Section C. of Item C4-25.20, and policy in Item C4-27.00).
Medical/scientific evidence indicates that some employment-related risk factors are

associated with the causation of some of the ASTDs recognized as occupational
diseases by regulation under section 138(2). As discussed in the sections below and in
Item C4-27.40, the Board recognizes that such employment-related risk factors are
associated with causation of particular ASTDs. However, the Board also considers
other employment-related and non-employment-related risk factors associated with
causation of ASTDs in every case where the Schedule 1 presumption does not apply
(see policy in Item C4-27.00).
A. EPICONDYLOPATHY
Epicondylopathy is a tendinopathy that is recognized as an occupational disease by

regulation under section 138(2) of the Act.
Epicondylopathy can be divided into lateral epicondylopathy, which is known as tennis

elbow, and medial epicondylopathy, which is known as golfer’s elbow. The lateral
epicondyle of the elbow is the bony origin for common wrist extensors and supinator

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tendons. The medial epicondyle is the bony origin for common wrist flexors and
pronator tendons.
Lateral epicondylopathy is characterized by pain at the lateral elbow with contraction of

the muscles that extend the wrist, as in gripping and resisting wrist extension.
Medial epicondylopathy is characterized by pain at the medial elbow with contraction of

the muscles that extend and flex the wrist, such as gripping and resisted wrist flexion.
Medical/scientific evidence on epicondylopathy does not as a whole confirm a strong

association with employment activities and its mechanisms of development are obscure.
Some individual studies do indicate an excess incidence of epicondylopathy in
employments with tasks strenuous to the muscle-tendon structures of the arm. One
often referred to theory suggests that microtears at the attachment of the muscle to the
bone may be due to repetitive activity with high force sufficient to exceed the strength of
the collagen fibres of the tendon attachment. This in turn may lead to the formation of
fibrosis and granulation tissue.
As the medical/scientific evidence does not clearly relate epicondylopathy to any

particular process or industry, the Board assesses work causation in the context of each
individual case based on consideration of all relevant risk factors.
The Board recognizes that where the worker was performing frequent, repetitive,
forceful and unaccustomed, employment-related movements (including forceful grip) of
the wrist that are reasonably capable of stressing the inflamed tissues of the arm
affected by epicondylopathy, and in the absence of evidence suggesting a non work-
related cause for the worker’s epicondylopathy condition, a strong likelihood of work
causation will exist. These factors are not preconditions to the acceptance of a claim for
epicondylopathy nor are they the only factors that may be relevant. For example, lateral
epicondylopathy has been shown to occur in tennis players (some studies showing a
strong causative association) who are well accustomed to the motions and forces
involved. The issue to be determined in any individual claim is whether the evidence
leads to a conclusion that the epicondylopathy is due to the nature of the worker’s
employment.
B. CARPAL TUNNEL SYNDROME
Carpal tunnel syndrome is recognized as an occupational disease by regulation under

section 138(2) of the Act.
Carpal tunnel syndrome is a condition caused by intermittent or continuous

compression or entrapment of the median nerve as it passes through the carpal tunnel
from the wrist to the hand. Increased pressure on the median nerve in the carpal tunnel
can result in progressive sensory and motor disturbances in parts of the hand
innervated by this nerve, leading to pain and loss of function. There are many causes
of such a median nerve compression, both employment-related and non-employment-

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related. Carpal tunnel syndrome occurs in the general population and often without any
obvious cause.
Some theories suggest that repetitive stretching or compression of the median nerve in
the carpal tunnel results in inflammation of the tissue. This may lead to tissue scarring
and a reduction of the size of the carpal canal resulting in compression of the nerve.
Ischemia (restriction of blood flow) may also play a role in causing carpal tunnel
syndrome. A gradual thickening of the transverse carpal ligament, which may occur
spontaneously with aging, has also been suggested as a possible mechanism.
A comparison of medical/scientific evidence on carpal tunnel syndrome indicates that

work activities utilizing the hand/wrist that involve high repetition associated with high
force, prolonged flexed postures of the wrist, high repetition associated with cold
temperatures, or the use of hand-held vibrating tools are more likely to be associated
with increased risk for carpal tunnel syndrome.
Non-employment-related risk factors include diseases or conditions that may contribute

to reducing the size of the carpal canal including diabetes mellitus, rheumatoid arthritis,
thyroid disorders, gout, ganglion formation, and other non-rheumatic inflammatory
diseases. Pregnancy and use of oral contraceptives are associated with increased risk
for carpal tunnel syndrome. Other factors for which there is some evidence, at times
conflicting, include hysterectomy, excision of both ovaries, age at menopause, obesity,
and estrogen imbalances. The size of the carpal canal may be reduced by a Colles’
fracture (which may or may not have occurred in the course of employment activities).
The existence of such non-employment-related factors does not reduce the importance
of the nature of the employment activities.
The Board recognizes that where the worker was performing frequent, repetitive and
forceful, employment-related movements of the hand/wrist, including gripping,
(particularly if unaccustomed) that are reasonably capable of stressing the tissues of the
hand/arm affected by carpal tunnel syndrome, and in the absence of evidence
suggesting a non-work-related cause for the worker’s condition, a strong likelihood of
work causation will exist. These factors are not preconditions to the acceptance of a
claim for carpal tunnel syndrome nor are they the only factors that may be relevant.
The Board also considers whether the condition is bilateral (involving both wrists) and
whether both wrists became symptomatic at the same or different times, in light of the
degree to which each hand/wrist is utilized in carrying out the employment activities. As
both hands may not perform identical activities and are therefore subject to different risk
factors, a work-related carpal tunnel syndrome may be more likely to be unilateral.
Carpal tunnel syndrome due to systemic illness is more likely to be bilateral. The Board
also considers whether the symptoms of carpal tunnel syndrome improve with rest
(stopping work) or whether they continue to progress or worsen. The latter may
suggest a non-work-related cause.

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As the medical/scientific evidence does not clearly relate carpal tunnel syndrome to any
C. OTHER PERIPHERAL NERVE ENTRAPMENTS AND STENOSING

TENOSYNOVITIS
Cubital tunnel syndrome, radial tunnel syndrome, thoracic outlet syndrome, and the
tendinopathy stenosing tenosynovitis (trigger finger) are each recognized as an
occupational disease by regulation under section 138(2) of the Act.
Cubital tunnel syndrome is a nerve entrapment in the upper limb and is caused by
pressure on or stretching of the ulnar nerve near the elbow at the cubital tunnel.
Radial tunnel syndrome is characterized by symptoms of forearm pain without

weakness when the radial nerve is pinched. The nerve enters the forearm at the lateral
side of the elbow, where it passes next to and under the muscle of the lateral forearm.
The space through which the nerve traverses may be narrowed by thick and tensed
muscles, fibrous bands or other soft tissue swelling, and the nerve may be pinched as it
travels past the narrowed area.
Thoracic outlet syndrome is the compression of the nerves and/or vessels, in the
thoracic outlet region, by the anatomical structures in the area (bone, muscle, and
connective tissues). The thoracic outlet is the area above the first rib and behind the
clavicle.
Stenosing tenosynovitis (or trigger finger) is characterized by a fibrous thickening of the

tendon sheath that results in a snapping movement of a finger due to swelling and
restricted gliding of the tendon. It is often called “trigger finger”. This condition most
commonly involves the flexor tendons of the hand.
Each of these ASTDs may be caused or aggravated by employment or non-

employment-related activities, particularly in an individual who by virtue of their specific
anatomical makeup is susceptible to these disorders.
As the medical/scientific evidence does not clearly relate any of these conditions to any
D. HYPOTHENAR HAMMER SYNDROME
Hypothenar hammer syndrome is recognized as an occupational disease by regulation

under section 138(2) of the Act.
This condition is due to repeated blunt trauma to the ulnar border of the affected hand.
It will often occur in workers who use their bare hand as a hammer in order to strike or
pound hard objects. The area of the hand where contact is made is usually the

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hypothenar eminence. Repeated blows to this ulnar portion of the hand can result in
thrombosis or aneurysm formation in the branches of the ulnar artery, which in turn can
produce a painful lump in the hypothenar area and/or numbness in the fourth or fifth
fingers.
There are a number of non-employment-related activities which may involve repeated

blunt trauma to the ulnar border or other parts of the hand (e.g., participation in some
martial arts or self defense activities, certain sports, such as handball and baseball, or
playing certain percussion instruments). In the investigation of a claim for hypothenar
hammer syndrome the Board will determine how and to what extent the worker uses the
affected hand in striking or pounding objects in both employment-related and non-
employment-related settings.
As the medical/scientific evidence does not clearly relate hypothenar hammer syndrome
to any particular process or industry, the Board assesses work causation of hypothenar
hammer syndrome in the context of each individual case based on consideration of all
relevant risk factors.
E. PLANTAR FASCIITIS
“Plantar Fasciitis” is recognized as an occupational disease by regulation under

Plantar fasciitis is the name given to non-specific inflammation of the plantar fascia (a
sheet of fibrous tissue on the plantar surface of the foot). The inflammation most
commonly occurs in the heel (origin of the plantar fascia, at the calcaneus) and arch
areas of the foot.
The Board generally accepts that plantar fasciitis can be related to significant unusual
strain placed on the plantar fascia. Similarly, the Board generally considers that
workers are at an increased risk for developing plantar fasciitis when they are exposed
to direct trauma to the bottom of the foot through an accident, or when there is a
significant unaccustomed physical strain or impact to the bottom of the foot. The Board
defines the force, impact, or unusual strain to the bottom of the foot through an analysis
of work activities.
As the medical/scientific evidence does not clearly relate plantar fasciitis to any

AUTHORITY: Sections 136 and 138(2) of the Act.
(Section D. Recognition by Regulation of General Application);

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Item C4-25.20, Establishing Work Causation (Section C. Where No
Presumptions Apply);
Limbs;
Item C4-27.10, Analyzing Risk Factors for ASTDs;
Item C4-27.40, ASTDs Recognized by Order in a Specific Case (Non-
Specific Symptoms or Unspecified Non-Traumatic Diagnoses of the
Limbs), of the Rehabilitation Services & Claims Manual, Volume II.
policy items #27.30, #27.31, #27.32, #27.33, #27.35, and #27.36,
R.S.B.C. 2019, c. 1.
February 1, 2020 – Housekeeping change to former policy item #27.30
to reflect the title change of then policy item #26.23.
to reflect the renumbering of former policy item #26.23 (previously
#26.22).
December 1, 2015 – Former policy item #27.30 was consequentially
amended as a result of the creation of then policy item #27.36. Former
policy item #27.36 was newly created by BOD Resolution
No. 2015/10/22-02.
March 1, 2015 – Former policy item #27.30 was amended to reorder
conditions alphabetically and add bursitis and plantar fasciitis to the list;
conditions were listed as a subset under tendinopathy; the term
“epicondylopathy” was used in place of “epicondylitis”; “stenosing
tenovaginitis (trigger finger)” replaced with “stenosing tenosynovitis”
based on current medical science; introduction added regarding how the
risk factors set out in then policy item #27.31 through #27.35 should be
weighed in determining whether a claim is accepted. Former policy
item #27.31 adopted the term “epicondylopathy” in place of
“epicondylitis”; definition updated based on current medical science;
minor policy changes made for clarity and consistency with other ASTD
policies. Former policy item #27.32 updated the definition of carpal
tunnel syndrome, based on current medical science; minor changes
were made for clarity and consistency with other ASTD policies. Former
policy item #27.33 updated the definitions of cubital tunnel syndrome,
radial tunnel syndrome, thoracic outlet syndrome, and stenosing
tenosynovitis; minor policy changes made for clarity and consistency with
other ASTD policies. Former policy item #27.35 was moved to be listed
after former policy item #27.30; minor changes were made for clarity and
consistency with the other ASTD policies.

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RE: Non-Specific Symptoms or Unspecified ITEM: C4-27.40

Non-Traumatic Diagnoses of the Limbs
BACKGROUND
This policy provides guidance for adjudicating ASTDs recognized by order in a specific
case.
2. The Act
Section 1, in part:
“occupational disease” means a disease ... that is
(c) a disease designated or recognized by order under section 138(3)

[Board order in specific case],
...
Section 138(3):
The Board may, by order, designate or recognize a disease as an occupational

disease in a specific case.
POLICY
A worker may have a gradual onset of symptoms that appear to be musculoskeletal or

nerve-related and that are not categorized as any of the clinical entities described in the
policy of Item C4-27.20 or C4-27.30.
The Board considers a claim of this nature on its own merits under section 138(3) of the
Act, even though a clinical entity familiar to the Board has not been diagnosed. The
matters referred to in Section E. of Item C4-25.10 would apply to such a claim. The
Board should, however, make whatever inquiries it considers appropriate in the context
of the claim to determine whether the worker in fact has one or more of the disorders
referred to in the policy of Item C4-27.20 or C4-27.30. The Board does this particularly
when the symptoms cannot be categorized into a disease entity or syndrome, or when
the diagnosis provided is a general one such as “repetitive strain injury”, “cumulative
trauma disorder”, “overuse syndrome”, “occupational cerviobrachial syndrome”, or the
like.

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(Section E. Recognition by Order Dealing with a Specific Case);
Item C4-25.20, Establishing Work Causation (Section C. Where No
Presumptions Apply);
Limbs;
Item C4-27.10, Analyzing Risk Factors for ASTDs;
Item C4-27.20, ASTDs Recognized by Inclusion in Schedule 1;
Item C4-27.30, ASTDs Recognized by Regulation, of the Rehabilitation
HISTORY: April 6, 2020 – This policy replaced former policy item #27.34,
R.S.B.C. 2019, c. 1.
March 1, 2015 − Minor changes for clarity, including change to policy
title.

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RE: Contagious Diseases ITEM: C4-28.00
BACKGROUND
This policy provides guidance for adjudicating contagious diseases recognized as an

2. The Act

(a) as applicable,


disease, and

employments.
...
Section 137(2):
If, on or immediately before the date of the disablement, the worker was
employed in a process or industry described in column 2 of Schedule 1 opposite
the occupational disease that has resulted in the disablement, the occupational
disease must be presumed to have been due to the nature of the worker’s
employment unless the contrary is proved.

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Section 138(1):
The Board may, by regulation, do the following:
(a) add to or delete from Schedule 1 of this Act a disease that, in the
opinion of the Board, is an occupational disease;
(b) add to or delete from that Schedule a process or an industry;
(c) set terms, conditions and limitations for the purposes of paragraphs
(a) and (b) of this subsection.
POLICY
A. CONTAGIOUS DISEASES RECOGNIZED BY INCLUSION IN SCHEDULE 1
The following contagious diseases are recognized as occupational diseases by

inclusion in Schedule 1:
• Item 2: Infection caused by
(1) Psittacosis virus

(2) Salmonella organisms, Staphylococcus aureus, Hepatitis B virus
(3) Brucella organisms, including Undulant fever
(4) Tubercle bacillus.
• Item 20: Infection that is
(1) caused by communicable viral pathogens, and

(2) the subject of one or more of the following:
(a) notice given under section 52(2) of the Public Health Act;
(b) a state of emergency declared under section 9(1) of the Emergency
Program Act;
(c) a state of local emergency declared under section 12(1) of the
Emergency Program Act;
(d) an emergency declared under section 173 of the Vancouver Charter.
The general application of the Schedule 1 presumption for establishing work causation
is discussed in Section A. of Item C4-25.20 such that the worker must be employed in
the process or industry described in column 2 of the Schedule.
August 20, 2020 Volume II

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B. CONTAGIOUS DISEASES RECOGNIZED BY REGULATION
The following contagious diseases have been designated or recognized as occupational

diseases by regulation of general application, under section 138(2) of the Act:
• Campylobacteriosis (diarrhea caused by Campylobacter)

• Chicken Pox
• Giardia Lamblia Infestation
• Head lice (Pediculosis Capitis)
• Hepatitis A
• Herpes Simplex
• Legionellosis
• Meningitis
• Mononucleosis
• Mumps
• Red Measles (Rubeola)
• Ringworm
• Rubella
• Scabies
• Shigellosis
• Staphylococci infections
• Streptococci infections
• Typhoid
• Whooping Cough
• Yersiniosis
For occupational diseases recognized by regulation under section 138(2), there is no

presumption in favour of work causation, so a worker is not entitled to compensation
simply because the worker contracted the disease while at work. For the disability to be
compensable, there must be something in the nature of the employment which had
causative significance. Thus, in these cases of contracting a contagious disease at
work, it is a requirement for compensation that either:
1. The nature of the employment created for the worker a risk of contracting
a kind of disease to which the public at large is not normally exposed; or
2. The nature of the employment created for the worker a risk of contracting
the disease significantly greater than the ordinary exposure risk of the
public at large. In this category, it would not be sufficient to show only that
the worker meets more people than workers in other occupations, but it
would be significant to show that in the particular employment the worker
meets a much larger proportion of people with the particular disease than
is found in the population at large.

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It may help to illustrate these principles:
Example 1 — Suppose an outbreak of meningitis is affecting the community at large.

The disease may be spreading at places of work, in the home, at schools, at churches,
at social events, at sporting events, and every place where people meet. The Board
would not, with regard to each worker who has the disease, seek evidence to decide
whether that worker contracted the disease at work or elsewhere. The disease would
be viewed as a public health problem, not a disease due to the nature of any particular
employment, and compensation for the workers involved must be found under general
systems relating to sickness benefits, not under workers’ compensation.
Example 2 — Suppose there are three cases of meningitis reported in the community.
Victim 1 is a tourist from abroad. Victim 2 is a nurse who was engaged in the treatment
of Victim 1. Victim 3 is a nurse who was working closely with Victim 2. Here the
employment involved a risk of contracting a disease of a kind to which the public at
large are not exposed, and the contracting of the disease by Victims 2 and 3 was due to
the nature of their employment.
Example 3 — Suppose a courier develops mononucleosis and claims compensation on

the ground that in the job the courier meets more people than workers in most
occupations and therefore has a greater risk of exposure to contagious diseases. Such
a claim would not be allowed. The disease is one that spreads in the population at
large, and claims of this nature cannot be allowed or denied by estimating the extent to
which each employment involves mixing with the public.
i. Scabies
The Board recognizes scabies as an occupational disease by regulation of general

application under section 138(2) of the Act.
Claims for scabies will be accepted if the following three conditions are met:
1. The worker is employed in a hospital, nursing home, or other institution

where there is a recognized hazard of contracting an infectious disease, or
is directly involved in transporting patients or residents to or from such
facilities.
2. There is satisfactory evidence the worker has had contact with an infected
patient, resident or co-worker at the place of employment and the
condition has occurred within a reasonable period of time following such
contact (measured against the known incubation period for scabies).
Evidence that there were persons in the place of employment known to
have scabies is sufficient for this purpose if the worker would normally
have direct contact with such persons in the performance of employment
duties.

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3. The diagnosis of scabies is confirmed by a staff occupational health nurse,
or by a physician or other qualified practitioner, and is not simply
speculative. Skin scrapings need not be taken in order to give a positive
diagnosis of scabies.
If any of the three conditions have not been met, the evidence is unlikely to support a
finding that the worker has scabies due to the nature of the worker’s employment.
As noted in Section D. of Item C4-25.10, many contagious diseases recognized as

occupational diseases by regulation of general application are not likely to be “…due to
the nature of any employment in which the worker was employed…” except for hospital
employees, or workers at other places of medical care.
C. CONTAGIOUS DISEASES RECOGNIZED BY ORDER IN A SPECIFIC CASE
A worker may contract a contagious disease at work that the Board has not recognized
as an occupational disease by inclusion in Schedule 1 or by regulation. The worker is
not entitled to compensation simply because the worker contracted the disease while at
work. The Board applies the policy in Section E. of Item C4-25.10 to recognize or
designate the contagious disease as an occupational disease. The Board applies the
principles set out above in Section B. of this policy to determine if the disability is
compensable.
It may help to illustrate these principles:
Example 1 — Suppose the disease is one of a low order of contagiousness, and one
that does not normally spread through the public at large, but which can be contagious
when there is exceptionally close contact, such as may come from two workers
constantly holding materials together, or sharing the same room. If, in this situation, a
worker catches the disease from a fellow worker, from the employer, or from a client of
the employer, with whom the worker has been placed in exceptionally close proximity, it
may well be concluded that the disease is due to the nature of the employment. For
example, where two workers share sleeping quarters on board a ship, and one
contracts tuberculosis (which is also recognized by regulation as an occupational
disease) from the other, the worker who contracted tuberculosis from the shipmate may
be compensated.
Example 2 — Suppose a maintenance mechanic from British Columbia is sent to repair

machinery in use by a customer overseas. While there, the worker contracts a disease
that is commonly found among the population at large in that country, but which is not a
common disease in British Columbia. That would be compensable. The nature of the
employment has exposed the worker to a disease of a kind to which the people of
British Columbia are not normally exposed.

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D. ESTABLISHING WORK CAUSATION
There is no requirement that a worker with a contagious disease should name a

contact, but there should be some evidence of a contact. For example, if the worker
was employed in a hospital, and there were three patients known to be in the worker’s
working area of the hospital who have the disease, an inference may be drawn from the
circumstantial evidence that the worker contracted the disease there, even though the
worker may not remember the names of the patients, or may not remember whether
there was actual contact with them. The strength of this circumstantial evidence would
obviously depend partly on the strength of evidence relating to alternative possibilities,
such as whether the disease is extremely rare or one that is common in the community
elsewhere. In other words, where there is no solid evidence of actual contact, the
Board must still weigh the possibilities on the circumstantial evidence of possible
contact and not simply reject the claim without weighing the possibilities.

Volume II.
HISTORY: August 20, 2020 – Consequential amendment resulting from amending
Schedule 1 to include infections caused by communicable viral
pathogens that are the subject of a BC-specific emergency declaration or
notice.
policy items #28.00 and #28.10, consequential to the implementation of
guidance on the legal issues of standard of proof, evidence, and
causation.
APPLICATION: This Item applies to all decisions made on or after August 20, 2020.

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RE: Respiratory Diseases ITEM: C4-29.00
BACKGROUND
This policy provides guidance in adjudicating respiratory diseases, other than

pneumoconiosis.
2. The Act
Section 136:

(a) as applicable,


disease, and

employments.

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Section 137:

Section 138(2):
The Board may, by regulation of general application, designate or recognize a

disease as an occupational disease.
Schedule 1:
See Appendix 2.
POLICY
A. ASTHMA
Item 7 of Schedule 1 lists “Asthma” as an occupational disease. The process or

industry described in column 2 opposite to it is “Where there is exposure to any of the
following:
(a) western red cedar dust;
(b) isocyanate vapours or gases;
(c) the dusts, fumes or vapours of other chemicals or organic material known
to cause asthma.”
i. Evidence of Exposure
There are many substances which are either known to cause asthma in a previously
healthy individual, or to aggravate or activate an asthmatic reaction in an individual with
a pre-existing asthma condition. The significance of occupational exposures to these
substances may be complicated by evidence that the worker is exposed to such
substances in both employment and non-employment settings. In the investigation of
the claim, the Board seeks evidence of whether the worker is exposed to any sensitizing

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or irritating substances (obtaining where available any material safety data sheets), the
nature and extent of employment and non-employment exposure to such substances,
and whether there is any correlation between apparent changes in airflow
obstruction/responsiveness and exposure to such substances. Additional medical
evidence may be available in the form of airflow monitoring, expiratory spirometry,
inhalation challenge tests, and skin testing for sensitization.
ii. Pre-Existing Asthma Condition
A pre-existing asthma condition is not compensable unless such underlying condition

has been significantly aggravated, activated, or accelerated by an occupational
exposure. A worker is not entitled to compensation where the worker’s pre-existing
asthma condition is triggered or aggravated by substances which are present in both
occupational and non-occupational settings unless the workplace exposure can be
shown to have been of causative significance in aggravation of the condition. A
speculative possibility that a workplace exposure to such a substance has caused an
aggravation of the pre-existing asthma is not enough for the acceptance of a claim.
iii. Temporary Disability
In the case of a compensable asthma or a respiratory tract reaction to a substance with

irritating or inflammatory properties, wage-loss benefits are payable until the worker’s
acute symptoms resolve or stabilize or the worker reaches retirement age as
determined by the Board.
iv. Permanent Disability
(a) Work-Caused Asthma
Where workplace exposures have caused the worker to develop asthma (either
allergic or irritant-induced) and the worker’s acute symptoms do not entirely
resolve, so that the worker is left with a permanent impairment of the respiratory
system, permanent disability benefits may be made with reference to the asthma
tables in the Permanent Disability Evaluation Schedule (See Appendix 3).
(b) Permanent Aggravation of Pre-Existing Asthma
Where workplace exposures have caused a permanent aggravation of the

worker’s pre-existing asthma, so that the worker is unlikely to return to the
worker’s pre-exposure state, the Board may grant permanent disability benefits
after considering the asthma tables in the Permanent Disability Evaluation
Schedule. In these cases, the Board considers whether proportionate
entitlement under section 146 of the Act is appropriate. (See policy items #44.00
to #44.31.)

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In the situation described above, no permanent disability benefits are granted to
a worker with a pre-existing asthma condition when the worker has returned to
the worker’s pre-exposure state.
(c) Asthma Due to Sensitization
Where workplace exposures to a sensitizing agent have caused the worker to

develop asthma and the worker’s acute symptoms resolve following removal
from the workplace, the Board may consider the worker to have a permanent
impairment where:
 the worker is left with a significant underlying allergy or sensitivity; and as a

result
 the worker must avoid workplaces containing the sensitizing agent.
A significant underlying allergy or sensitivity is one where the worker reacts with
asthmatic symptoms when exposed to a workplace sensitizing agent. This is
indicated by increased bronchial reactivity and/or a significant change in peak
flow when the worker returns to the workplace under conditions that do not
expose the worker to excessive (i.e. irritant) levels of the sensitizing agent or
other known respiratory irritants.
In determining whether there is a need to avoid certain workplaces, the Board

considers the medical evidence, including the nature of the sensitization and the
likelihood of an asthmatic reaction should the worker return to a work
environment containing the sensitizing agent. In making this assessment, the
Board considers medical advice from the attending physician and/or Board
Medical Advisor.
Where it is found that the worker has a permanent impairment due to a

significant underlying allergy or sensitivity, the Board considers the asthma tables
found in the Permanent Disability Evaluation Schedule to assess the disability
rating.
B. ACUTE RESPIRATORY REACTIONS TO SUBSTANCES WITH IRRITATING

OR INFLAMMATORY PROPERTIES
Item 9 of Schedule 1 lists “Acute upper respiratory inflammation, acute pharyngitis,

acute laryngitis, acute tracheitis, acute bronchitis, acute pneumonitis or acute
pulmonary edema, excluding any allergic reaction, reaction to environmental tobacco
smoke or effect of an infection”, as an occupational disease. The process or industry
described in column 2 opposite to it is “Where (a) there is exposure to a high
concentration of fumes, vapours, gases, mists or dusts of substances that have irritating
or inflammatory properties, and (b) the respiratory symptoms occur within 48 hours of

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the exposure or, if there is exposure to nitrogen dioxide or phosgene within 72 hours of
the exposure”.
There are many agents used in industry and commerce in British Columbia that have
irritating or inflammatory properties, and which in sufficient concentrations can produce
respiratory symptoms if inhaled. Symptoms associated with the inhalation of such
substances can vary from mild transient symptoms (such as a mild burning sensation
affecting the eyes, nose and throat) to significant symptoms throughout the respiratory
tract (such as dyspnea and respiratory distress). Significant exposure to some
substances may result in persistent respiratory symptoms.
Onset of symptoms can occur within a few minutes or several hours of the exposure,
depending on the substance. For the presumption in section 137 of the Act to apply,
the symptoms must appear within 48 hours of the exposure, unless the exposure is to
nitrogen dioxide or phosgene, in which case the onset of symptoms must occur within
72 hours.
A claim for compensation made by a worker who has developed persistent or chronic
respiratory symptoms considered to be due to exposure to a substance with irritating or
inflammatory properties, must be considered on its own individual merits without the
benefit of a presumption in favour of work causation (unless the claim meets the
requirements of one of the other items of Schedule 1). This includes claims for chronic
bronchitis, emphysema, chronic obstructive pulmonary disease, obliterative
bronchiolitis, reactive airways dysfunction syndrome (RADS), chronic rhinitis, and
conditions considered to be due to exposure to tobacco smoke. The same is true of a
claim made by a worker with acute respiratory symptoms where the requirements of
section 137 of the Act are not met (see policy in Section C. of Item C4-25.20). Where a
worker who develops an acute reaction to a substance with irritating or inflammatory
properties subsequently develops a persistent or chronic respiratory condition, a
decision will be made based on the merits and justice of that claim on whether the
chronic condition is a compensable consequence of the acute reaction.
A claim made by a worker who has inhaled a vapour or gas which was at a temperature
high enough to cause thermal injury (such as inhaling steam) will be treated as a claim
for a personal injury and will be adjudicated in accordance with the policies set out in
Chapter 3.
In item 9 of Schedule 1, the words “high concentration” is a recognition that the amount
of the particular substance in the air must be significant for the presumption to apply.
The manner in which an exposed individual will react will depend on the properties of
the substance inhaled (e.g., acidity/alkalinity, chemical reactivity, water solubility,
asphyxiating potential) and the amount inhaled. Individual judgment must be exercised
in each case to determine whether there was a “high concentration” of the particular
substance having regard to the medical and scientific evidence available, including
evidence as to the irritating and/or inflammatory properties of that substance.

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C. BRONCHITIS AND EMPHYSEMA
Bronchitis and emphysema are recognized as occupational diseases by regulation

Bronchitis and emphysema were recognized by regulation as occupational diseases on

July 11, 1975. Medical evidence indicates that it would be an extremely rare case
where a worker’s employment environment could be shown to be the cause of the
bronchitis or emphysema.
Where a person claims compensation in respect of bronchitis or emphysema, the Board

considers that a history of heavy or significant cigarette smoking raises a strong
inference that the worker’s condition is due to the smoking and not to the nature of the
employment. Against this inference must be weighed any evidence which supports the
claim, but the inference will not be rebutted where the opposing evidence is weak or
conflicting.
The principles set out above do not mean that a worker who has never smoked
cigarettes or has smoked an insignificant amount will automatically be compensated for
any bronchitis and emphysema. Evidence will still have to be produced that the disease
is due to the nature of the employment. The advantage such a worker will have is that a
major non-occupational cause of these diseases will have been eliminated.

AUTHORITY: Sections 136, 137, 138, and Schedule 1 of the Act.
Policy item #44.00, Proportionate Entitlement;
Policy item #44.10, Meaning of Already Existing Disability;
Policy item #44.20, Wage-Loss Benefits and Health Care Benefits;
Policy item #44.31, Application of Proportionate Entitlement;
Appendix 2, Schedule 1;
Appendix 3, Permanent Disability Evaluation Schedule, of the
HISTORY: September 1, 2020 – Housekeeping change to add the title of
Appendix 3 to the Cross Reference section.
policy items #29.00, #29.10, #29.20 and #29.30, consequential to the
implementation of the Workers Compensation Act, R.S.B.C. 2019, c. 1.
The principles set out in Section C. were derived from Workers
Compensation Reporter series Decision No. 207 (1976), 3 W.C.R. 21.
guidance on legal issues of evidence and causation.

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March 1, 2018 – Former policy item #29.20 was consequentially
amended as a result of correcting a typographical error in then
Schedule B.
to reflect the renumbering of former policy item #26.23 (previously
#26.22).
January 1, 2007 – Former policy item #29.20 was revised, including to
provide that a worker may be considered to have a permanent
impairment where the worker is left with a significant underlying allergy
or sensitivity and as a result, the worker must avoid workplaces
containing the sensitizing agent.
July 16, 2002 – Former policy item #29.20 had a housekeeping change
to update terminology.
APPLICATION: Section A. of this Item applies to all decisions, including appellate
decisions, made on or after April 6, 2020, on claims where the worker
was first disabled from earning full wages in accordance with section 6(1)
of the Workers Compensation Act, R.S.B.C. 1996, c. 492 or
section 136(1) of the Act, as applicable, on or after January 1, 2007.
Sections B. and C. of this Item apply to all decisions, including appellate
decisions, made on or after April 6, 2020.

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RE: Pneumoconioses and Other Specified ITEM: C4-29.10

Diseases of the Lungs
BACKGROUND
This policy provides guidance for adjudicating pneumoconioses and other specified
diseases of the lung.
2. The Act
Section 1, in part:
“metalliferous mining industry” includes the operations of milling and

concentrating, but does not include any other operation for the reduction of
minerals;
...
“silica dust” means dust containing silica;
“silicosis” means a fibrotic condition of the lungs cause by the inhalation of

silica dust;
...
Section 136:

(a) as applicable,


disease, and

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employments.
Section 137:

Section 141:
(1) Subject to subsection (2),
(a) a worker in the metalliferous mining industry or coal mining industry

who becomes disabled from uncomplicated silicosis or from
silicosis complicated with tuberculosis is entitled to compensation
for total or partial disability as provided under this Part [Part 4], and
(b) if death results from the worker’s disability, the worker’s

dependants are entitled to compensation as provided under this
Part [Part 4].
(2) The worker or a dependant of the worker is not entitled to compensation

for the disability or death referred to in subsection (1) unless the following
apply:
(a) either
(i) the worker has been a resident of British Columbia for a

period of at least 3 years immediately before the
disablement, or

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(ii) at least 2/3 of the worker’s exposure to silica dust occurred
in British Columbia;
(b) the worker did not have silicosis or tuberculosis before being first
exposed to silica dust in the metalliferous mining or coal mining
industry in British Columbia;
(c) the worker was exposed to silica dust in the metalliferous mining or
coal mining industry in British Columbia
(i) for a period or periods totalling 3 years preceding the

worker’s disablement, or
(ii) for a shorter period of the worker was not exposed to silica
dust anywhere except in British Columbia.
Section 142:
(1) This section applies to compensation in relation to a worker who has

sustained a pulmonary injury caused by a disabling form of
pneumoconiosis as a result of exposure to dust conditions that the Board
considers have contributed to the development of the disease in
employment in British Columbia in an industry in which that disease is an
occupational disease under this Part.
(2) The worker or a dependant of the worker is entitled to compensation if
(a) the worker did not have either pneumoconiosis or tuberculosis

before being first exposed in British Columbia to the dust conditions
referred to in subsection (1), and
(b) the worker’s residence in British Columbia and exposure to the dust
conditions have been of the duration required to entitle a worker to
compensation for silicosis under section 141 [occupational disease
– mining industry silicosis].
Section 143:
worker’s death,


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Section 250(1):
If compensation is paid
(a) Under section 141 [mining industry silicosis] in relation to a worker

who was exposed to the inhalation of silica dust in 2 or more
classes or subclasses of industry in British Columbia, or
(b) Under section 142 [lung disease from exposure to dust conditions]
in relation to a worker who was exposed to dust conditions in 2 or
more classes or subclasses of industry in British Columbia,
The Board may apportion the cost of compensation among the funds provided by
those classes or subclasses on the basis of the duration and severity of the
exposure in each.
POLICY
The guiding legislation in compensation for pneumoconioses is provided in the definition

of “silicosis” in section 1, and sections 137, 141, 142, 143 and 250(1) of the Act.
“Pneumoconiosis” is a general medical term used to describe certain lung diseases due
to deposition of particulate matter in the lungs.
Section 142 of the Act applies to compensation in relation to “a worker who has
sustained a pulmonary injury caused by a disabling form of pneumoconiosis as a result
of exposure to dust conditions that the Board considers have contributed to the
development of the disease in employment in British Columbia in an industry in which
that disease is an occupational disease” under Part 4 of the Act.
Section 142(2) states that the worker or a dependant of the worker is entitled to
compensation if:
(a) the worker did not have either pneumoconiosis or tuberculosis before
being first exposed in British Columbia to the dust conditions referred to in
section 142(1) of the Act (i.e. dust conditions that the Board considers
have contributed to the development of the disease in employment in
British Columbia in an industry in which that disease is an occupational
disease under Part 4 of the Act), and

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(b) the worker’s residence in British Columbia and exposure to the dust
conditions have been of the duration required to entitle a worker to
compensation for silicosis under section 141:
(i) either
(A) the worker has been a resident of British Columbia for a

period of at least 3 years immediately before the
disablement, or
(B) at least 2/3 of the worker’s exposure to the dust conditions

referred to in section 142(1) occurred in British Columbia;
and
(ii) the worker was exposed to the dust conditions referred to in

section 142(1) for either
(A) a period or periods totaling 3 years preceding the worker’s

disablement, or
(B) for a shorter period if the worker was not exposed to the dust
conditions referred to in section 142(1) anywhere except in
British Columbia.
Schedule 1 of the Act lists five lung diseases as occupational diseases that are
presumed to be due to the nature of the worker’s employment.
Item 3 of Schedule 1 recognizes three types of pneumoconiosis.
A. SILICOSIS
Item 3(1) of Schedule 1 lists “Silicosis” as an occupational disease. The process or

industry described in column 2 opposite to it is “Where there is exposure to airborne
silica dust, including in metalliferous mining and coal mining”. This latter description
does not exclude the presumption from applying to workers exposed to airborne silica
dust engaged in employments other than metalliferous mining and coal mining.
By virtue of section 141(a) of the Act, a worker in the metalliferous mining industry or
coal mining industry who becomes disabled from uncomplicated silicosis or from
silicosis complicated with tuberculosis is entitled to compensation for total or partial
disability. By virtue of section 141(b), if death results from the worker’s disability, the
worker’s dependants are entitled to compensation. The worker or a dependant of the
worker is not entitled to compensation for the disability or death unless the requirements
of section 141(2) are met.

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The presumption that workers who become disabled from uncomplicated silicosis or
from silicosis complicated with tuberculosis when they were exposed to airborne silica
dust in the metalliferous mining industry or coal mining industry is limited by the
requirements set out in section 141(2) of the Act.
i. Meaning of Disabled from Silicosis
The restrictions contained in section 136(1)(a)(i) of the Act do not apply to silicosis. It is,
therefore, not a requirement of a claim for silicosis that there should be a lessened
capacity for work, or that the worker should be disabled from earning full wages at the
work at which the worker was employed.
It is a requirement in a claim under section 141 for silicosis that the worker be “disabled”
from the silicosis, or from silicosis complicated with tuberculosis. There is no definition
of “disability” in the Act, and the Board has not attempted any comprehensive definition.
If a worker has a condition of an internal organ which is so slight as to be unnoticeable
to that person, and which causes no significant discomfort or other ill effects, that is not
a “disability”.
It can be difficult to fix the date for commencing permanent disability benefits when
there is no change of jobs or reduction in earnings to mark the inception of the disability.
No general rules can be laid down for this purpose. The Board must decide the
question according to the available evidence. However, if the evidence does not clearly
establish when the disability commenced, and there is no evidence of the existence of a
disability prior to the receipt of a particular medical report, the Board may properly
decide that, according to the available evidence, the disability commenced on the date
of the medical examination which was the subject of that report.
There may also be a difficulty in fixing the worker’s average earnings when such worker
is not employed at the time when the disability commenced. The Board should
generally refer back to the employment or employments in which the worker was most
recently engaged and base any permanent disability benefits on the previous earnings
thus discovered.
ii. Exposure to Silica Dust Occurring Outside British Columbia
Where the three criteria set out in section 141(2) of the Act are met, there will be no
reduction in benefits according to the proportion of exposure to silica dust occurring
outside the province versus that within. Unless an agreement entered into pursuant to
section 335 of the Act supersedes this policy, the Board will therefore pay full
compensation to the worker without regard to the extent of exposure to silica dust
outside the province.

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B. ASBESTOSIS
Item 3(2) of Schedule 1 lists “Asbestosis” as an occupational disease. The process or

industry described in column 2 opposite to it is “Where there is exposure to airborne
asbestos dust”.
A worker need not necessarily have worked directly with asbestos for the presumption
to apply. The exposure may be a secondary exposure, such as working in an area
where asbestos was used as insulation which was for years in a friable or decayed
condition.
C. OTHER PNEUMOCONIOSES
Item 3(3) of Schedule 1 lists “Other pneumoconioses” as an occupational disease. The

process or industry described in column 2 opposite to it is “Where there is exposure to
the airborne dusts of coal, beryllium, tungsten carbide, aluminum or other dusts known
to produce fibrosis of the lungs”.
D. DIFFUSE PLEURAL THICKENING OR FIBROSIS AND BENIGN PLEURAL

EFFUSION
Item 4 of Schedule 1 lists “Diffuse pleural thickening or fibrosis, whether unilateral or

bilateral” as an occupational disease. The process or industry described in column 2
opposite to it is “Where there is exposure to airborne asbestos dust and the worker has
not previously had and does not currently have collagen disease, chronic uremia, drug-
induced fibrosis, tuberculosis or other infection, trauma or disease capable of causing
pleural thickening or fibrosis.”
Item 5 of Schedule 1 lists “Benign pleural effusion, whether unilateral or bilateral” as an

occupational disease. The process or industry described in column 2 opposite to it is
“Where there is exposure to airborne asbestos dust and the worker has not previously
had and does not currently have collagen disease, chronic uremia, tuberculosis or other
infection, trauma, or disease capable of causing pleural effusion.”
These items in Schedule 1 recognize that diffuse pleural thickening or fibrosis whether
unilateral or bilateral, and benign pleural effusion, whether unilateral or bilateral, are
likely to be due to the nature of the employment of workers exposed to airborne
asbestos dust where the other known causes of the disease can be excluded.
E. MESOTHELIOMA
Item 6(4) of Schedule 1 lists “Mesothelioma, whether pleural or peritoneal” as an

occupational disease. The process or industry described in column 2 opposite to it is
“Where there is exposure to airborne asbestos dust.” Mesothelioma is a malignancy
arising from the mesothelial tissue. As with Asbestosis, the exposure to airborne
asbestos dust may be a secondary exposure.
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AUTHORITY: Sections 1, 136, 137, 141, 142, and 143 of the Act.
Volume II.
policy items #29.40, #29.41, #29.42, #29.43, #29.45, #29.46, #29.47,
and #29.48, consequential to the implementation of the Workers
June 1, 2009 – Former policy item #29.42 was amended to delete
references to Board officers.

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RE: Presumption Where Death Results from ITEM: C4-29.20

Ailment or Impairment of Lungs or Heart
BACKGROUND
This policy sets out the legislative presumption regarding death caused by the ailment
or impairment of lungs or heart.
2. The Act
Section 143:
worker’s death,

POLICY
Section 143 of the Act does not apply to deaths occurring before July 1, 1974.
The question whether the deceased worker had an “. . . occupational disease of a

type that impairs the capacity of function of the lungs” is not determined by the failure or
success of any claim made in the deceased worker’s lifetime. Thus, the Board can
decide that there was such a disease at the date of death, even though it disallowed a
claim made by the worker in respect of that disease. Alternatively, it can now conclude
that there is no such disease, notwithstanding it accepted a claim made by the worker
before the worker’s death in respect of the same condition. This can well happen
because often there is new evidence available following a death, typically in the form of
an autopsy report which may be the best evidence available.

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Once the age of the worker and the conditions set out in section 143 have been
established, it is conclusively presumed that the death resulted from the occupational
disease. This presumption cannot be rebutted by contrary evidence.
If the deceased worker was 70 years of age or over, or for some other reason the
presumption cannot be applied, medical and other evidence must be examined to
determine whether the death resulted from the occupational disease.

CROSS REFERENCES: Item C4-25.20, Establishing Work Causation, of the Rehabilitation
HISTORY: April 6, 2020 – This policy replaces former policy item #29.50,
R.S.B.C. 2019, c. 1.

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RE: Cancers ITEM: C4-30.00
BACKGROUND
This policy provides guidance for adjudicating bladder cancer and gastro-intestinal
cancer.
2. The Act
Section 136:

(a) as applicable,


disease, and

employments.

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Section 137:


(4) The Board may designate or recognize a disease as being a disease that
is peculiar to or characteristic of a particular process, trade or occupation,
on the terms and conditions and with the limitations set by the Board.
Schedule 1:
See Appendix 2.
POLICY
Mesothelioma is covered in Section E. of Item C4-29.10.
A. BLADDER CANCER
Item 6(10) of Schedule 1 lists “Primary cancer of the epithelial lining of the urinary
bladder, ureter or renal pelvis” as an occupational disease. The process or industry
described in column 2 opposite to it is “Where there is prolonged exposure to beta-
naphthylamine, benzidine or 4-nitrodiphenyl”. In adjudicating a claim for bladder cancer
it is incumbent on the Board to assess whether the worker has had prolonged exposure
to any of the substances listed in Item 6(10) of Schedule 1.
In addition to the chemicals listed in column 2 of Schedule 1, the Board recognizes that
aluminum smelter workers exposed to coal tar pitch volatiles have an increased
incidence of bladder cancer.
Claims for bladder cancer from aluminum smelter workers which do not meet the
descriptions contained in column 2 of Schedule 1 are adjudicated on the basis of

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cumulative (or total) exposure to benzo-a-pyrene, a constituent of coal tar pitch
volatiles. In the adjudication of such a claim the following principles and procedures
apply:
1. If the disease develops within 10 years of a worker’s first exposure to

benzo-a-pyrene, it will not normally be considered to have resulted from
that exposure.
2. In determining the severity of a worker’s exposure, regard will, where the

information is available, be given to the following ranking of exposure:
Ranking of Exposure Exposure to B.S.M. (mg/m3)
Zero 0
Low 0.1
Medium 0.6
High 1.5
B.S.M. refers to benzene-soluble materials.
3. To determine a worker's total occupational exposure, the years which the

worker has spent in each job will be multiplied by the concentration of
B.S.M. determined for that job by the rankings referred to above. For
example, five years in a high risk job will produce a total exposure to
B.S.M. of 7.5 mg/m3 years (5 multiplied by 1.5). The worker's total or
cumulative exposure to benzene-soluble materials is the sum of the
exposures calculated for each job.
Any exposure which occurred in the 10 years immediately preceding the

date the bladder cancer was first diagnosed shall be excluded from this
calculation.
4. To convert benzene-soluble materials exposure to benzo-a-pyrene

exposure, the worker’s total exposure to benzene-soluble materials
(expressed in milligrams per cubic metre years or mg/m3 years) is
multiplied by 11.0. The result (total or cumulative benzo-a-pyrene
exposure) is expressed in micrograms per cubic metre years or μg/m3
years.
5. The worker’s relative risk of having developed bladder cancer as a result

of the worker’s employment in the aluminum smelter is then determined by
comparing the worker’s cumulative exposure to benzo-a-pyrene

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(calculated in accordance with the above principles) with the relative risk
figures contained in the following table:
Cumulative Exposure to Benzo-a-pyrene Relative Risk

0 1.00
5 1.16
10 1.32
15 1.48
20 1.64
25 1.80
30 1.96
31.25 2.00
35 2.12
40 2.28
45 2.44
50 2.60
60 2.92
70 3.24
80 3.56
90 3.88
Note: These numbers take into account scientific

uncertainty and are based on the upper 95% confidence limit
of the exposure-response relationship.
Where the worker’s corresponding relative risk is equal to 2.00 or greater,

it will be considered that the bladder cancer resulted from such
employment and the claim will be accepted.
6. Where, having applied the above principles, the worker’s relative risk is
less than 2.00, or where the information necessary to calculate the
worker’s relative risk is not available, a detailed investigation will be
carried out by the Board into the worker’s job history to determine whether
the level of exposure assessed for that worker is reasonable. Relevant
considerations may include special work assignments, hours of overtime,
individual work practices, and any other characteristics of the workplace or
work environment which may have had an impact on the duration and
intensity of the exposure. If, following this investigation, it is concluded
that the worker’s relative risk is less than 2.00, it will be considered that

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the bladder cancer is not due to the worker’s employment in the aluminum
smelter and the claim will be disallowed.
7. Where the employer and the worker, through the worker’s union, reach an
agreement as to the total exposure of the worker to benzene-soluble
materials in mg/m3 years or to benzo-a-pyrene in μg/m3 years, the Board
is not bound to accept this amount and may follow the investigation and
determination procedures outlined above. The amount agreed by the
employer and the union may, however, be accepted in lieu of the
investigation and determination procedures set out above if the agreed
amount appears reasonable in the known circumstances of the case.
8. Smoking is a strong non-occupational risk factor for bladder cancer.

Smoking and exposure to benzo-a-pyrene act synergistically in increasing
the risk of developing bladder cancer. If the worker’s relative risk
calculated in accordance with the above principles is 2.00 or greater, the
worker’s smoking history will not change the conclusion that the bladder
cancer was due to the employment.
B. GASTROINTESTINAL CANCER
Item 6(6) of Schedule 1 lists “Gastrointestinal cancer, including all primary cancers
associated with the esophagus, stomach, small bowel, colon and rectum excluding the
anus, and without regard to the site of the cancer in the gastrointestinal tract or the
histological structure of the cancer”, as an occupational disease. The process or
industry described in column 2 opposite to it is “Where there is exposure to asbestos
dust if, during the period between the first exposure to asbestos dust and the diagnosis
of gastrointestinal cancer, there has been a period of, or periods adding up to, 20 years
of continuous exposure to asbestos dust and such exposure represents or is a
manifestation of the major component of the occupational activity in which the exposure
occurred.”
A worker’s gastrointestinal cancer will not normally be considered to be due to the

worker’s employment if the worker has not been exposed to asbestos fibres in the
course of the worker’s employment, or the worker’s exposure to such fibres does not
substantially have the duration, continuity and extent described in column 2 of
Schedule 1.
If there have been fewer than 20 years of continuous exposure to asbestos fibres, such
that the presumption in section 137 does not apply, but there has been substantial
compliance with the requirements of column 2 of Schedule 1, the Board will consider
whether the evidence indicates that the gastrointestinal cancer is due to the nature of
the worker’s employment under section 138(3) of the Act. Whether or not the
compliance is substantial is a matter of judgment for the Board. The greater the gap
between the worker’s period of exposure and the 20-year period, the less likely is the

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compliance to be substantial and the less likely is the disease to be due to the nature of
the employment.

AUTHORITY: Sections 136, 137, 138, and Schedule 1 of the Act.
Item C4-29.10, Pneumoconioses and Other Specified Diseases of the
Lungs;
Volume II.
policy items #30.00, #30.10, and #30.20, consequential to the
implementation of the Workers Compensation Act, R.S.B.C. 2019, c. 1.
The principles set out in Section B were derived from Workers
June 1, 2009 – Former policy items #30.10 and #30.20 were amended to
delete references to Board officers.

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RE: Hearing Loss ITEM: C4-31.00
BACKGROUND
This policy provides guidance in adjudicating non-traumatic hearing loss.
2. The Act
Section 145:
(1) A worker is entitled to compensation under this Part if
(a) the worker has a hearing loss of non-traumatic origin that arose out
of and in the course of employment to which the compensation
provisions apply, and
(b) the hearing loss
(i) was sustained by exposure to causes of hearing loss in

British Columbia, and
(ii) is a greater loss than the minimum set out in Schedule 2

[Non-Traumatic Hearing Loss] of this Act.
(2) An application for compensation under this section must be accompanied

or supported by a specialist’s report and audiogram or by other evidence
of hearing loss that the Board prescribes.
(3) The Board may, by regulation, amend Schedule 2 in respect of the

following:
Section 198:
(1) This section applies in relation to compensation payable to a worker under

section 145 [non-traumatic hearing loss].

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(2) If
(a) the worker’s hearing loss amounts to total deafness measured in

the manner described in Schedule 2 [Non-Traumatic Hearing Loss]
of this Act, and
(b) there is no loss of earnings resulting from the hearing loss,

compensation must be calculated as for a disability equivalent to
15% of total disability.
(3) If
(a) the worker’s hearing loss does not amount to total deafness
measured in the manner referred to in subsection (2), and
(b) there is no loss of earnings resulting from the hearing loss,

compensation must be calculated as for a lower percentage of total
disability than that specified in subsection (2) and, unless otherwise
ordered by the Board, must be based on the percentages set out in
Schedule 2 of this Act.
(4) If a loss or reduction of earnings results from the hearing loss, the worker
is entitled to compensation for a total or partial disability as provided under
this Division.
(5) Compensation paid for a worker’s hearing loss under subsection (4) must
not be less than the amount determined under subsection (2) or (3).
Section 201:
(1) Subject to subsection (2), periodic payment of compensation under this

Division may be paid to an injured worker only as follows:
(a) if the worker is under 63 years of age on the date of the injury, until
the later of the following:
(i) the date the worker reaches 65 years of age;
(ii) if the Board is satisfied the worker would retire after reaching
65 years of age, the date the worker would retire, as
determined by the Board;
(b) if the worker is 63 years of age or older on the date of the injury,
until the later of the following:
(i) 2 years after the date of the injury;

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(ii) if the Board is satisfied that the worker would retire after the
date referred to in subparagraph (i), the date the worker
would retire, as determined by the Board.
(2) As a restriction on subsection (1), the Board may not make a periodic
payment to a worker under this Division if the worker ceases to have the
disability for which the periodic payment is to be made.
Section 226:
Compensation is not payable to a worker under section 145 [non-traumatic

hearing loss]
(a) in respect of a period before September 1, 1975, or
(b) if the worker’s exposure to causes of hearing loss in British

Columbia ended before that date.
Section 250(2):
If compensation is paid under section 145 [non-traumatic hearing loss] in relation

to a worker’s hearing loss caused by exposure to causes of hearing loss in 2 or
more classes or subclasses of industry in British Columbia, the Board may
apportion the cost of compensation among the funds provided by those classes
or subclasses on the basis of the duration or severity of the exposure in each.
Schedule 1, Item 12:
See Appendix 2.

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Schedule 2:
SCHEDULE 2
Non-Traumatic Hearing Loss
Complete loss of hearing in both ears equals 15% of total disability. Complete loss of
hearing in one ear with no loss in the other equals 3% of total disability.
Loss of Hearing in Percentage of Total Disability

Decibels
Ear Most Ear Least
Measured in PLUS
Affected Affected
Each Ear in Turn
0-27 0 0
28-32 0.3 1.2
33-37 0.5 2.0
38-42 0.7 2.8
43-47 1.0 4.0
48-52 1.3 5.2
53-57 1.7 6.8
58-62 2.1 8.4
63-67 2.6 10.4
68 or more 3.0 12.0
The loss of hearing in decibels in the first column is the arithmetic average of
thresholds of hearing measured in each ear in turn by pure tone, air conduction
audiometry at frequencies of 500, 1000 and 2000 Hertzian waves, the
measurements being made with an audiometer calibrated according to standards
prescribed by the Board.
POLICY
A. GENERAL
There are two bases on which compensation can be paid for hearing loss:
(a) If the hearing loss is traumatic and work-related, compensation is paid as

with any other injury under section 134(1) and, if a permanent disability
results, permanent disability benefits are paid in accordance with the scale
provided for in Appendix 3, the Permanent Disability Evaluation Schedule
(for hearing loss that is secondary to an injury see Item C3-22.00).

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(b) If the hearing loss has developed gradually over time as a result of
exposure to occupational noise, it is treated as an occupational disease.
As set out in section 226 of the Act, claims for workers whose exposure to
causes of hearing loss in British Columbia ended before
September 1, 1975 are adjudicated under section 136 of the Act. In all
other cases, section 145 of the Act applies. If the provisions of
section 136 of the Act apply to the claim, the worker may be entitled to
health care benefits in the form of hearing aids even if they were not
disabled from earning full wages at the work at which they were employed
(see Item C4-25.30).
Section 145 provides that a worker is entitled to compensation if “the worker has a
hearing loss of non-traumatic origin that arose out of and in the course of employment
. . .,” and the hearing loss “is a greater loss than the minimum set out in Schedule 2” of
the Act.
Item 12 of Schedule 1 lists “Neurosensory hearing loss” as an occupational disease.

Medical research indicates that it is only hearing loss of a neurosensory nature which is
caused by exposure to noise over time (although this type of hearing loss may also
result from other causes unrelated to exposure to noise). As a result, the Board’s
responsibility is limited to compensating workers for occupationally-induced
neurosensory hearing loss. This is further emphasized in section 145 of the Act which
requires that the hearing loss be of non-traumatic origin and that it arise out of and in
the course of employment.
In situations where a hearing loss is partly due to causes other than occupational noise
exposure, the total hearing impairment is initially measured using pure tone air
conduction pursuant to Schedule 2. Having done this, in order to comply with the Act,
other measures, such as bone conduction tests, are carried out to assess the portion of
the total loss which is neurosensory and the portion which is due to other causes.
Having made this determination, the factual evidence on the claim is then assessed to
determine whether all, or only part of, the neurosensory loss is due to occupational
exposure to causes of hearing loss in British Columbia as required by the Act. The
hearing loss is due to exposure to occupational noise in British Columbia if the worker’s
employment in British Columbia was of causative significance in the worker’s hearing
loss. Causative significance means more than a trivial or insignificant aspect.
The resulting portion of the worker’s total impairment is then assessed for permanent
disability benefits using the percentage ranges listed in Schedule 2.
Tinnitus is a symptom that is commonly associated with noise-induced hearing loss.

Tinnitus is not a personal injury or occupational disease in and of itself. Tinnitus may be
compensable where it is:

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 a compensable consequence of an accepted claim for noise-induced hearing

loss (see Item C3-22.00); and
 confirmed based on evaluation by a qualified person, such as an audiologist.
The Board assesses any permanent disability from tinnitus using a Board-approved
subjective reporting scale that has been validated in the evidence-based literature, such
as the Tinnitus Handicap Inventory. The Board uses the worker’s score on the scale to
assess the worker’s disability under section 195 of the Act with reference to the
following table:
Score (%) Disability (%)
0 0
1 – 20 1
21 – 40 2
41 – 60 3
61 – 80 4
81 – 100 5
B DATE OF COMMENCEMENT OF SECTION 145
Section 145 expressly applies only to hearing loss of non-traumatic origin which can
only mean loss of hearing over some period of time as a cumulative effect. Therefore,
“ended” as used in section 226 means the end once and for all of a course of exposure
to causes of hearing loss. Exposure is not ended as long as the worker continues to
undergo exposure arising out of and in the course of the worker’s employment in British
Columbia, no matter how intermittent or how far apart periods of exposure might be.
Only retirement or other cessation from employment in industries which expose the
worker to causes of hearing loss qualify as “ended”. Subsequent exposure for any
period of time in bona fide employment allows for consideration of compensation under
section 145.
Only exposure to noise in industries under the compensation provisions of the Act after
September 1, 1975 should be considered to determine whether or not a worker qualifies
for compensation under section 145.

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If a worker’s exposure to causes of hearing loss ended prior to September 1, 1975, no
compensation is payable under section 145 whatever may be the reasons for the
ending of the worker’s exposure. No exception can be made if, for instance, the end
came about because a previous compensable injury forced the worker to leave the
worker’s employment. A worker whose exposure ceased prior to September 1, 1975
may be entitled to health care (hearing aids) under section 136 of the Act.
C. AMOUNT AND DURATION OF NOISE EXPOSURE REQUIRED BY

SECTION 145
A claim is acceptable where, as a minimum, evidence is provided of continuous work

exposure in British Columbia for two years or more at eight hours per day at 85 dBA or
more, and the Board determines the worker’s hearing loss is due to exposure to
occupational noise. The Board considers it reasonable to set the 85 dBA minimum
standard for compensation purposes and then to allow a restricted measure of
discretion for the acceptance of claims where the evidence is abundantly clear that the
worker is extraordinarily susceptible and has been affected by exposure to noise at a
lesser level.
The Board does not accept evidence of the wearing of individual hearing protection as a
bar to compensation. However, in the case of soundproof booths, where evidence
shows that the booth was used regularly, was sealed and was generally effective, it may
be difficult to accept that the work environment in question contributed to the hearing
loss demonstrated.
Where the exposure to occupational noise in British Columbia is less than 5% of the
overall exposure experienced by the worker, the claim is disallowed. Such a minimal
degree of exposure is insufficient to warrant acceptance of the claim. Where the
exposure to occupational noise in British Columbia is 90% or greater of the total
exposure, a claim is allowed for the total hearing loss suffered by the worker. For
percentages between 5 and 90, the claim is allowed for only that percentage of the
hearing loss which is attributable to occupational noise in British Columbia, and the
Board will accept responsibility for all health care benefit costs related to the total
hearing loss including the provision of hearing aids.
It has been suggested that after 10 years of exposure further hearing loss is negligible.
Generally speaking, the evidence is that the first 10 years has a significant effect at
higher frequencies. However, where lower frequencies are concerned (up to 2,000 hz.)
hearing loss continues after that time and may, in fact, accelerate in those later years.
Therefore, since the disability assessment under Schedule 2 of the Act relies on
frequencies of 500, 1,000 and 2,000 hz., no adjustments for duration of exposure are
made.

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D. APPLICATION FOR COMPENSATION UNDER SECTION 145
Section 145(2) provides that “An application for compensation under this section must
be accompanied or supported by a specialist’s report and audiogram or by other
evidence of hearing loss that the Board prescribes”.
Where a worker has already applied for compensation for hearing loss under
section 136, a separate application under section 145 may sometimes be required.
However, it will not be insisted upon if it serves no useful purpose. Therefore, no
separate application need be made where all the evidence necessary to make a
reasonable decision is available without it.
The original application need not be accompanied by a report and audiogram by a

physician outside the Board. The Board will obtain the necessary medical evidence.
E. AMOUNT OF COMPENSATION UNDER SECTION 198
No wage-loss benefits are paid to workers who have non-traumatic hearing loss.
Workers who develop non-traumatic noise induced hearing loss are, subject to the time
periods referred to in section 201(1) of the Act, assessed for permanent disability
benefits under section 195 of the Act.
Hearing loss permanent disability benefits are determined on the basis of audiometric
tests conducted at the Audiology Unit of the Board or on the basis of prior audiometric
tests conducted closer in time to when the worker was last exposed to hazardous
occupational noise if in the Board’s opinion the results of such earlier tests best
represent the true measure of the worker’s hearing loss which is due to exposure to
occupational noise.
The Board may, by regulation, amend Schedule 2 in respect of the following:

If the worker’s hearing loss amounts to total deafness measured in the manner
described in Schedule 2 of the Act, and there is no loss of earnings resulting from the
hearing loss, section 198(2) provides that compensation must be calculated as for a
disability equivalent to 15% of total disability.
If the worker’s hearing loss does not amount to total deafness, and there is no loss of
earnings resulting from the hearing loss, section 198(3) provides that compensation
must be calculated as for a lower percentage of total disability than that specified in

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section 198(2), and, unless otherwise ordered by the Board, must be based on the
percentages set out in Schedule 2 of the Act.
In assessing permanent disability benefits under section 198, there is no automatic

allowance for presbycusis. In some cases, however, the existence of presbycusis may
be relevant in deciding whether the worker has a hearing loss due to the worker’s
employment. The age adaptability factor is not applied to non-traumatic hearing loss
compensation made under section 198.
Where a worker has an established history of exposure to noise at work, and where
there are other non-occupational causes or components in the worker’s hearing loss,
and where this non-occupational component cannot be accurately measured using
audiometric tests, then “Robinson’s Tables” will apply. “Robinson’s Tables” will only be
applied where there is some evidence of non-occupational causes or components in the
worker’s hearing loss (for example, some underlying disease) and will not be applied
when the measured hearing loss is greater than expected and there is only a
speculative possibility without evidential support that this additional loss is attributable to
non-occupational factors.
“Robinson’s Tables” were statistically formulated to calculate the expected hearing loss
following a given exposure to noise. In applying these tables, the cumulative period of
noise exposure is calculated. A factor for aging is then added. For permanent disability
purposes, the resulting calculation is then compared on “Robinson’s Tables” to the
worst 10% of the population (i.e., at the same levels and extent of noise exposure, 90%
of individuals will have better hearing than the worker).
In some cases, it will be found that a worker already has conductive hearing loss in one
ear, unrelated to their work, which might well have afforded some protection against
work-related noise-induced hearing loss in that ear. The normal practice in this situation
would be to allocate the higher measure in Schedule 2 (the “ear least affected” column)
to the other ear which has the purely noise-induced hearing loss.
A difficulty occurs where the worker is not employed at the time when the worker’s
disability commenced. If there are no current earnings on which to base the permanent
disability benefits, the Board should generally refer back to the employments in which
the worker was most recently engaged and base the amount on the worker’s previous
earnings thus discovered.
Based on the principles set out in section 201 of the Act, if the worker is retired and
under the age of 63 years as of the commencement of the non-traumatic hearing loss
permanent disability benefits, periodic payments are made until the date the worker
reaches 65 years of age. If the worker is retired and is 63 years of age or older as of
the commencement of the non-traumatic hearing loss benefits, periodic payments are
made for two years following such date. See policy item #41.00.

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F. CALCULATING COMPENSATION FOR NON-TRAUMATIC HEARING LOSS
Compensation under section 198 of the Act is not payable simply because a worker
changes employment in order to preclude the development of hearing loss. As with any
other occupational disease, there must be functional impairment from the disease
before there can be compensation. In other words, compensation is payable for a
disability that has been incurred, not for the prevention of one that might occur.
If a noise-induced hearing loss has been incurred, and a worker then changes
employment to a lower paid but quieter job, that may trigger consideration by the Board
of a permanent disability assessment notwithstanding that it may seem reasonable that
with hearing protection, the worker may have stayed at the former employment. There
is no obligation to stay in the employment with hearing protection rather than take lower
paying work and claim compensation. Compensation in such cases is, as in all other
cases, based on the section 195(1) method of permanent disability assessment. The
drop in earnings may be the triggering device that renders the worker eligible for
compensation, but it is not part of the formula for calculating the amount.
The duration of entitlement to permanent disability periodic payments is established

under section 201(1) of the Act and discussed in policy item #41.00.
G. REOPENINGS OF SECTION 198 PERMANENT DISABILITY COMPENSATION

DECISIONS
Where the hearing loss is retested for a worker in receipt of permanent disability
benefits under section 198 on or after June 30, 2002 and there is a significant change in
the worker’s hearing, the following applies:
1. If the retest records a deterioration in the worker’s hearing and the new
findings warrant an increase under Schedule 2 of the Act, the permanent
disability decision is reopened and the amount is increased.
2. If the retest shows an improvement in the worker’s hearing of a degree

greater than 10 decibels, the worker’s permanent disability decision is
reopened. Where this occurs, two further considerations would apply.
(a) If the worker has been paid the permanent disability benefits in the
form of a lump-sum payment, the worker is advised in writing that
the worker’s hearing has improved to the point where such a
payment would no longer appear justified or appropriate. However,
in those cases, no attempt is made by the Board to seek a refund.
(b) If the worker’s permanent disability benefits are being paid in the
form of a monthly periodic payment, the payments are reduced or
terminated, whichever is applicable, and the worker is informed in

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writing of the reasons and of the right to request a review of the decision
by the Review Division.
If the retest suggests there is an improved level of hearing than that upon which the
original permanent disability benefit amount was set, but the improvement is within a
range up to and including 10 decibels, the permanent disability decision is not
reopened.
A worker who has ceased to have entitlement to permanent disability benefits in

accordance with the provisions of section 201(1) of the Act (see policy item #41.00) will
not be retested by the Board.
H. COMPENSATION FOR NON-TRAUMATIC HEARING LOSS UNDER

SECTION 136
A worker will only be entitled to compensation for non-traumatic hearing loss under
section 136(1) if the worker’s exposure to causes of hearing loss ended prior to
September 1, 1975.
Item 12 of Schedule 1 lists “Neurosensory hearing loss” as an occupational disease.

The process or industry described in column 2 opposite to it is “Where there is
prolonged exposure to excessive noise levels”.
Sections 151 and 152 of the Act set out the time limits within which an application for
compensation must be filed.
If a worker’s exposure to causes of hearing loss ended prior to January 1, 1974, the
one-year time period to file an application for compensation does not begin to run until
the worker becomes disabled from earning full wages within the meaning of
section 136(1). If a case exists where a worker’s exposure to causes of hearing loss
ended prior to January 1, 1974, and no disablement within the meaning of
section 136(1) has yet occurred, health care benefits can always be provided, whether
or not an application for compensation has been received from the worker and
regardless of the length of time which has elapsed since the worker’s exposure ended.
Once the disablement from earning full wages occurs, the worker then has one year to
submit an application for compensation (if the worker has not already done so) or proof
of disablement. If no application for compensation or proof of disablement has been
received by the end of this period, the worker’s claim becomes completely barred even
though the worker may previously have received compensation in the form of health
care. If the worker submits proof of disablement, but no application for compensation,
by the end of this period only compensation in the form of health care is payable.

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I. COMMENCEMENT OF PERMANENT DISABILITY PERIODIC PAYMENTS

UNDER SECTIONS 136 AND 145
The following applies to claims for hearing loss of non-traumatic origin.
1. If compensation is being paid under section 136, then, subject to

sections 151 and 152, permanent disability benefits are calculated to
commence as of the date on which the worker first became disabled from
earning full wages at the work at which the worker was employed.
2. If compensation is being paid under section 198(4) in respect of a loss or

reduction of earnings that results from the worker’s hearing loss, then,
subject to sections 151 and 152, permanent disability benefits are
calculated to commence as of the date when the worker first experiences
such loss or reduction of earnings, or as of September 1, 1975, whichever
is the later.
3. If compensation is being paid under section 198(2) or (3) where there is

no loss of earnings or impairment of earning capacity, then, subject to
sections 151 and 152, permanent disability benefits shall be calculated to
commence as of the earlier of either the date of application or the date of
first medical evidence that is sufficiently valid and reliable for the Board to
establish a compensable degree of hearing loss under Schedule 2 of the
Act. If the date of application is used as the commencement date,
subsequent testing must support a compensable degree of hearing loss
as of the date of application. Section 226 provides that in no case will
compensation for non-traumatic hearing loss commence prior to
September 1, 1975.

CROSS REFERENCES: Item C3-22.00, Compensable Consequences;
Item C4-25.30, Disabled from Earning Full Wages at Work;
Policy item #41.00, Duration of Permanent Disability Periodic Payments;
HISTORY: October 29, 2020 – Housekeeping change made to italicize title of
Permanent Disability Evaluation Schedule.
October 21, 2020 – Amended to reflect amendment to health care
provisions of the Act by the Workers Compensation Amendment Act,
2020 (Bill 23 of 2020), in effect August 14, 2020.
policy items #31,00, #31,10, #31.20, #31.30, #31.40, #31.50, #31.60,
#31.70, and #31.80, consequential to the implementation of the Workers

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Compensation Act, R.S.B.C. 2019, c. 1. Former policy item #31.70 was
substantively amended as it had been based on section 55(4) of the
Workers Compensation Act, R.S.B.C. 1996, c. 492, which was deemed
spent.
February 1, 2020 – Former policy items #31.00, #31.20 and #31.40 were
amended to provide guidance on the legal issues of evidence and
causation.
June 1, 2012 – Former policy item #31.00 was amended to provide that
permanent disability compensation for tinnitus is available where tinnitus
is a compensable consequence of noise-induced hearing loss, in the
range of 0% to 5% of total disability when assessed under the loss of
function method.
June 1, 2009 – Former policy item #31.40 was amended to delete
references to Board officers.
December 1, 2004 – Former policy item #31.20 was amended to update
and clarify policy and to remove an ambiguity regarding the jurisdictional
requirement for the minimum occupational noise exposure duration
threshold.
August 1, 2003, Former policy item #31.40 was amended to change
disability rating for complete loss of hearing in one ear with no loss in the
other; revisions also made to the frequencies at which hearing loss is to
be measured.
March 3, 2003 – Former policy item #31.30 was consequentially
amended to implement the Workers Compensation Amendment Act
(No. 2), 2002 (Bill 63 of 2002) by deleting references to appeal and
reconsideration. Former policy item #31.60 was similarly consequentially
amended regarding references to reopening, review, and the Review
Division.
July 16, 2002 – Former policy item #31.40 amended to add reference to
duration of permanent disability periodic payments, then section 23.1 of
the Act, and policy item #41.00.

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RE: Other Matters ITEM: C4-32.00
BACKGROUND
This policy provides guidance in other matters relating to occupational disease.
2. The Act

(a) as applicable,


disease, and

employments.
...
Section 137:


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Schedule 1:
See Appendix 2.
POLICY
A. CONTACT DERMATITIS
Item 16 of Schedule 1 lists “Contact dermatitis” as an occupational disease. The

process or industry described in column 2 opposite to it is “Where there is excessive
exposure to irritants, allergens or sensitizers ordinarily causative of dermatitis”.
1. Evidence of Exposure
There are many substances that may either cause contact dermatitis in a previously
healthy individual or aggravate or activate a dermatological reaction in an individual with
a pre-existing dermatitis condition. The significance of occupational exposures to these
substances may be complicated by evidence that the worker is exposed to them in both
occupational and non-occupational settings.
When investigating these claims, the Board seeks evidence on whether the worker is
exposed to any sensitizing or irritating substances, obtaining where available any
material safety data sheets. The Board gathers evidence on the nature and extent of
occupational and non-occupational exposure to such substances, and whether there is
any correlation between dermatological reactions and exposure. The Board also seeks
medical evidence, for instance skin patch testing for sensitization.
2. Pre-existing Contact Dermatitis Condition
A pre-existing contact dermatitis condition is not compensable unless such underlying

condition has been significantly aggravated, activated, or accelerated by an
occupational exposure. A worker is not entitled to compensation where the pre-existing
condition is triggered or aggravated by substances which are present in both
occupational and non-occupational settings unless the workplace exposure can be
shown to have been of causative significance in aggravation of the condition. A
speculative possibility that a workplace exposure to such a substance has caused an
aggravation of the pre-existing contact dermatitis is not enough for the acceptance of a
claim.
3. Temporary Disability
Wage-loss benefits are payable while the disability is a temporary one, but cease when
the worker’s acute symptoms resolve or stabilize, or the worker reaches retirement age
as determined by the Board.

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4. Permanent Disability
(i) Work-Caused Contact Dermatitis
If workplace exposures have caused the worker to develop contact dermatitis

(either allergic or irritant-induced) and the worker’s acute symptoms do not
entirely resolve so that the worker is left with a permanent impairment of the skin,
the Board may pay permanent disability benefits after considering the contact
dermatitis table in the Permanent Disability Evaluation Schedule (see
Appendix 3).
(ii) Permanent Aggravation of Pre-Existing Dermatitis
If workplace exposures have caused a permanent aggravation of the worker’s

pre-existing dermatitis condition, so that the worker is unlikely to return to the
worker’s pre-exposure state, the Board may pay permanent disability benefits
after considering the contact dermatitis table in the Permanent Disability
Evaluation Schedule (see Appendix 3). In these cases, the Board considers
whether proportionate entitlement under section 146 of the Act is appropriate.
(See policy items #44.00 to #44.31.)
In the situation described above, no permanent disability benefits are paid to a

worker with a pre-existing condition when the worker has returned to the worker’s
pre-exposure state.
(iii) Contact Dermatitis due to Sensitization
If workplace exposures to a sensitizing agent have caused the worker to develop

allergic contact dermatitis and the worker’s acute symptoms resolve following
removal from the workplace, the Board may consider the worker to have a
permanent impairment if:
 the worker is left with a significant underlying allergy or sensitivity; and as a

result
 the worker must avoid workplaces containing the sensitizing agent.
A significant underlying allergy or sensitivity is one where the worker reacts with
recurrent signs and symptoms of marked extent and severity when exposed to a
workplace sensitizing agent. The worker experiences these signs and symptoms
when the worker returns to the workplace under conditions that do not expose
the worker to excessive (i.e. irritant) levels of the sensitizing agent or other
known dermal irritants.
In determining whether there is a need to avoid certain workplaces, the Board

considers the medical evidence, including the nature of the sensitization and the
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likelihood of a dermatological reaction should the worker return to a work
environment containing the sensitizing agent. In making this assessment, the
Board considers medical advice from the attending physician and/or Board
Medical Advisor.
Where it is found that the worker has a permanent impairment due to a

significant underlying allergy or sensitivity, the Board considers the contact
dermatitis table found in the Permanent Disability Evaluation Schedule to assess
the disability rating (see Appendix 3).
B. HEART CONDITIONS
Heart-related conditions which arise out of and in the course of a worker’s employment
and which are attributed to a specific event or cause or to a series of specific events or
causes are generally treated as personal injuries. They are therefore adjudicated in
accordance with the policies set out in Chapter 3. If the heart-related condition of a
worker is one involving a gradual onset and is not attributed to a specific event or cause
or to a series of events or causes, the claim will be adjudicated under section 136 of the
Act. (See Item C3-16.00).
C. PSYCHOLOGICAL/EMOTIONAL CONDITIONS
The Board does accept claims where the psychological condition is a consequence of a
compensable personal injury or occupational disease. (See Items C3-12.00, C3-22.30,
and C3-22.40). However, the Board has not recognized any psychological or emotional
conditions as occupational diseases related to employment.
i Alcoholism
Alcoholism and alcohol-related cirrhosis of the liver have not been recognized by the
Board as occupational diseases.
Research indicates that many factors may be operative in causing alcoholism. While
employment is one of the suggested factors, the evidence does not clearly support a
conclusion that employment does have causative significance or that, if it does, it has
particular significance over and above the others. It appears rather as just one factor,
along with the alcoholic’s individual physiology and psychology, their family, social and
cultural surroundings and their own personal inability to control consumption.
D. FEDERAL GOVERNMENT EMPLOYEES
i. General
The rights of employees of the Federal Government to compensation for occupational

disease are set out in section 4 of the Government Employees Compensation Act. This
provides that an employee who . . . is disabled by reason of an industrial disease due to
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the nature of the employment; and . . . the dependants of an employee whose death
results from such . . . industrial disease . . . are, notwithstanding the nature or class of
such employment, entitled to receive compensation at the same rate and under the
same conditions as are provided under the law of the province where the employee is
usually employed.
The meaning of “employee” is discussed in policy item #8.10. The place where an
employee is usually employed is discussed in Item C3-12.10.
ii. Meaning of “Industrial Disease” under Government Employees

Compensation Act
“Industrial Disease” is defined in section 2 of the Government Employees

Compensation Act to mean “any disease in respect of which compensation is
payable under the law of the province where the employee is usually employed
respecting compensation for workmen and the dependants of deceased
workmen”.
The Government Employees Compensation Regulations created under

section 8(1)(a) of that act provides that any employee who is disabled by reason of
a disease that is not an occupational disease but is due to the nature of the
employment and peculiar to or characteristic of the particular process, trade or
occupation in which the employee is employed at the time the disease was
contracted and the dependants of a deceased employee whose death is caused
by reason of such a disease, are entitled to receive compensation at the same rate
as they would be entitled to receive under the Government Employees
Compensation Act if the disease were an occupational disease, and the right to
and the amount of such compensation is determined by the same board, officers
or authorities and in the same manner as if the disease were an occupational
disease.

CROSS REFERENCES: Policy item #8.10, Federal Government Employees;
Item C3-12.00, Personal Injury;
Item C3-12.10, Federal Government Employees;
Impairment;
Item C3-22.40, Compensable Consequences – Certain Diseases and
Conditions;
Policy item #44.00, Proportionate Entitlement;

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Appendix 2, Schedule 1;
policy items #30.50, #30.70, #32.00, #32.10, #32.15, and #32.85. The
principles set out in Section C. i. were derived from Workers
guidance on legal issues of evidence and causation.
May 29, 2014 – Former policy item #30.70 was consequentially
amended as a result of Miscellaneous Statutes Amendment Act, 2014
(Bill 17 of 2014).
January 1, 2007 – Former policy item #30.50 was revised, including to
provide that a worker may be considered to have a permanent
impairment where the worker is left with a significant underlying allergy
or sensitivity and as a result the worker must avoid workplaces
containing the sensitizing agent.
July 16, 2002 – Housekeeping change was made to former policy
item #30.50.
APPLICATION: This Item applies to all decisions including appellate decisions, made on
or after April 6, 2020. Section A. applies to all claims where the worker is
first disabled from earning full wages, in accordance with section 6(1) of
the Workers Compensation Act, R.S.B.C. 1996, c. 492 or section 136 of
the Act, on or after January 1, 2007.

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CHAPTER 5
WAGE-LOSS BENEFITS
#33.00 INTRODUCTION
Wage-loss benefits are payable if an injury or disease resulting from a worker’s
employment causes a period of temporary disability from work. Wage-loss
benefits usually commence shortly after the initial acceptance of a claim and may
be total (section 191) or partial (section 192). They cease when the worker
recovers from the injury or the condition becomes a permanent one. In the latter
event, the worker is entitled to be assessed for permanent partial disability
benefits. This entitlement is dealt with in Chapter 6.
Wage-loss benefits are calculated on the basis of a worker’s “average net

earnings”. The computation of average net earnings is dealt with in Chapter 9.
All compensation under Division 6 of Part 4 of the Act – Compensation for

Worker Disability – is subject to the manner of compensation payments provision
(section 230), the payment of compensation in specific circumstances provision
(section 231), the Board’s authority to discontinue or suspend payments
(section 232), and deductions in relation to payments from the employer
(section 233).
R.S.B.C. 2019, c. 1.
#34.00 TEMPORARY TOTAL DISABILITY COMPENSATION

If a temporary total disability results from a worker’s injury, section 191(1)
provides that the wage-loss benefits consist of periodic payments to the injured
worker of an amount equal to 90% of the worker’s average net earnings.
R.S.B.C. 2019, c. 1.
#34.10 Meaning of Temporary Total

It is obvious that for every claim there must be physical, or psychological
impairment as the result of a work-related injury or occupational disease. It is the
instigating factor without which the system never comes into play. Once it is
found that a worker has experienced such an impairment, it becomes necessary
to determine the extent of compensation payable, i.e. whether the impairment is
disabling. There are, therefore, two considerations on every claim. Firstly, the

5-1
impairment itself, and secondly, the entitlement to benefits arising from the
impairment.
The words “temporary”, “permanent”, “partial”, and “total” found in sections 191,
192, 194, 195, and 196 are applicable only to the impairment component of the
claim and are not to be related to its compensable effects. To differentiate
between the “temporary” and “permanent” consequences of an impairment is
possible only by reference to the impairment itself. Once it has been determined
that a worker has a temporary or permanent, partial or total medical impairment,
benefits to compensate for the consequences of that impairment are paid in
accordance with the requirements of the appropriate section of the Act.
It follows from the above that in order to be eligible for wage-loss benefits under
section 191(1) a worker must have a temporary total physical or psychological
impairment. A “temporary” impairment is one which is likely to improve or
become worse and is therefore not stable. Realistically speaking, ongoing
change is a natural feature of human physiology. Impairments resulting from an
injury commonly deteriorate or improve over a period of years. However, an
impairment is not considered temporary simply because it is possible that, as the
worker becomes older, the condition may change or the worker may have to
undergo further treatment. It only remains temporary when such a change can
reasonably be foreseen in the immediate future (see policy item #34.54).
Most compensable injuries and diseases involve an initial period of temporary

disability during which the worker is disabled from earning full wages, and
therefore wage-loss benefits are paid. This disability will usually improve in time
until it disappears entirely or becomes permanent. However, in the case of some
diseases there is no initial period of temporary disability; the condition is
permanent right from the beginning and no wage-loss benefits are payable.
Raynaud’s Phenomenon, is one of these diseases. There are also others, for
example, hearing loss caused by exposure to industrial noise. The worker’s only
entitlement in these cases is to be assessed for permanent partial disability
benefits.
Even if a worker is found to have a temporary total physical or psychological

impairment, no wage-loss benefits will be paid unless that impairment in fact
causes the cessation of regular employment. If the impairment causes only a
partial cessation from this work or some alternative light work is taken up, wage-
loss benefits are calculated under section 192.
CROSS REFERENCES: Policy item #34.54, When is the Worker’s Condition Stabilized, of
R.S.B.C. 2019, c. 1.

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#34.11 Selective/Light Employment
A. STATEMENT OF PRINCIPLE
Selective/light employment is a temporary work alternative, offered by an

employer, that is intended to promote a worker’s gradual restoration to the pre-
injury level of employment. The arrangement may involve duties different from
the pre-injury employment, or some modification of the pre-injury duties and/or
hours of work. Selective/light employment arrangements may involve
consultation with the worker, employer, the worker’s attending physician or other
medical practitioners and the union.
Selective/light employment is typically offered at or soon after the date of injury,

generally prior to the Board’s involvement on the claim. Selective/light
employment differs from graduated return to work programs which are normally
initiated after the worker has participated in some form of medical treatment or
rehabilitation program.
The Board supports selective/light employment as an important component of a

worker’s rehabilitation and recognizes the value of maintaining an injured
worker’s positive connection to the workplace. It has been amply demonstrated
that the earlier a worker is able to safely return to productive employment
following an injury, the more likely the worker is of obtaining maximum recovery.
B. CRITERIA
To ensure that the early return-to-work is appropriate, all selective/light

employment arrangements must meet the following conditions:
• While the compensable injury may temporarily disable the worker from
performing the worker’s normal work, the worker must be capable of
undertaking some form of suitable employment.
• The work must be safe, that is, it will neither harm the worker nor slow
recovery. The work must be within the worker’s medical restrictions,
physical limitations and abilities. Where there is a disagreement
regarding the safety of the selective/light offer and the Board is
required to intervene, the Board is responsible for determining the
safety of the work after considering the medical evidence and other
relevant information.
• The work must be productive. Token or demeaning tasks are

considered detrimental to the worker’s rehabilitation.
• Within reasonable limits, the worker must agree to the arrangement.

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C. INTERVENTION
The Board recognizes that the successful development of selective/light

employment opportunities depends on the cooperation of all parties in the
workplace. In the following situations, the Board will intervene to determine if a
particular offer of selective/light employment is suitable:
• The worker and/or the worker’s attending physician disagree with the
employer’s position that the work is safe.
• The worker and employer are in disagreement over the terms of the
return-to-work.
• There is a request for intervention by either the worker or employer.
• The Board considers that further inquiry is required.
D. ADJUDICATION
On intervention, the Board’s evaluation will be based on, but not limited to, a
detailed description of the employment being offered, including the physical
requirements and detailed medical information outlining the worker’s medical
restrictions, physical limitations and abilities.
Where a worker refuses to accept the offer, the Board will consider the reasons
for refusal and determine if they are reasonable. In making this determination,
the Board will give regard to the requirements of the work, medical opinion(s) and
other evidence regarding the worker’s medical restrictions, physical limitations
and abilities. Notwithstanding, the Board has discretion to consider additional
factors or evidence relevant to the case, such as transportation (see Item C10-
83.00) and child-care (see Item C10-83.10).
Should the Board determine that the worker’s refusal is unreasonable, benefit
entitlement is determined under section 192 of the Act. For example, the worker
does not provide the selective/light duties to the attending physician or the
worker refuses to return to work after the physician has determined the duties are
suitable. Wage-loss benefits will be adjusted effective the date the selective/light
employment was suitable and available, as determined by the Board.
Where a worker accepts suitable selective/light employment, benefit entitlement

will be determined under section 192 of the Act. Wage-loss benefits will be
adjusted effective the date the selective/light employment was suitable and
available, as determined by the Board.
EFFECTIVE DATE: June 1, 2009
R.S.B.C. 2019, c. 1.

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January 1, 2015 − Consequential amendments were made
arising from changes to Chapter 10, Medical Assistance,
Rehabilitation Services & Claims Manual.
January 1, 2005 – Amendments apply to all injuries on or after
January 1, 2005 and include adding a definition of selective/light
employment; confirming the Board officer’s responsibility for
determining whether the selective/light offer is safe for the
worker from a review of the medical evidence; and adding a date
of when to adjust benefits when it is determined that an
employer's selective/light offer is suitable and the worker
unreasonably refused to return to work.
APPLICATION: Applies on or after June 1, 2009.
#34.12 Worker in Receipt of Permanent Disability Benefits

Wage-loss benefits are terminated when the worker’s condition becomes
permanent and prior to the assessment of any permanent disability benefits.
However, they may again become payable because a further work injury or a
natural relapse in the condition for which the permanent disability benefits are
being paid causes a further period of temporary disability.
With regard to the latter situation, it is recognized that no condition is ever

absolutely stable or permanent; there will commonly be some degree of
fluctuation. Nevertheless, permanent disability benefits will be granted when,
though there may be some changes, the condition will, in the reasonably
foreseeable future, remain essentially the same. The fluctuations in the condition
of a worker receiving permanent disability benefits may be such as to require the
worker to stay off work from time to time. The question then arises whether
wage-loss benefits should be paid for these periods. If the fluctuations are within
the range normally to be expected from the condition for which the worker has
been granted permanent disability benefits, no wage-loss benefits are payable.
The permanent disability benefits are intended to cover such fluctuations. Wage-
loss benefits are only payable in cases where there is medical evidence of a
significant deterioration in the worker’s condition which not only goes beyond
what is normally to be expected, but is also a change of a temporary nature. If
the change is a permanent one, the amount of the worker’s permanent disability
benefits will simply be reassessed.
CROSS REFERENCES: Policy item #37.30, Reopening Claims, of the Rehabilitation
R.S.B.C. 2019, c. 1.
#34.20 Minimum Amount of Compensation for Temporary

Total Disability
Wage-loss benefits paid under section 191(2) of the Act for a temporary total
disability resulting from a worker’s injury:

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(a) must not be less than an amount that equals [the amount set out
below] per week if the worker’s average earnings per week are
greater than or equal to that amount, and
(b) must be an amount that equals the worker’s average earnings if the
worker’s average earnings per week are less than the amount
referred to in paragraph (a).
The minimum wage-loss benefits per week for paragraph (a) of section 191(2)
are adjusted each year as follows:
$ Per Week
January 1, 2019 ― December 31, 2019 415.79
January 1, 2020 ― December 31, 2020 423.54
If required, earlier figures may be obtained by contacting the Board.
The minimum is subject to cost of living adjustments as described in policy

item #51.20. However, these adjustments only apply to injuries or disablements
occurring after the adjustments come into force. Existing payments are not
automatically increased to a new minimum, although they may be the subject of
cost of living adjustments in their own right.
R.S.B.C. 2019, c. 1.
#34.30 Commencement of Temporary Total Disability

Compensation Payments
Section 134(4) provides that “If an injury disables a worker from earning full
wages at the work at which the worker was employed, compensation other than
a health care benefit is payable. . . from the first working day following the day of
the injury.”
While the plain wording of the section would seem clearly to indicate that “day of
the injury” means calendar day, the Board finds that the intention of the
legislation is not to provide wage-loss benefits to cover the “shift” on which the
worker is injured but to provide payment for any subsequent “shift” on which the
worker is disabled. Payment of wage-loss benefits, therefore, will commence
effective the shift next following the shift on which the worker is injured.
R.S.B.C. 2019, c. 1.

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#34.31 Worker Continues to Work After Injury
If a worker continues to work beyond the day of the injury, no wage-loss benefits
are payable until the worker is actually disabled from earning full wages. If the
worker works or is paid for part of the day on which the disability occurs, the
amount of wage-loss benefits paid for that day is as follows:
(a) if the worker works or is paid for one quarter of the day or
less, wage-loss benefits are paid for the full day;
(b) if the worker works or is paid for more than one quarter but
less than three quarters of the day, wage-loss benefits are
paid for half the day;
(c) if the worker works or is paid for three quarters of the day or
more, wage-loss benefits are not paid for the day.
Except where section 233 [Deduction in relation to payments from employer] is

being applied, the employer is not refunded any money paid to the worker for
time not worked on the day the worker is disabled from work.
The above rules apply equally if the worker becomes disabled from working
following a recurrence of a compensable condition.
CROSS REFERENCES: Policy item #34.40, Pay Employer Claims, of the Rehabilitation
R.S.B.C. 2019, c. 1.
#34.32 Strike or Other Lay-Off on Day Following Injury

In cases where a worker’s job would not have been available during a period of
disability, or for some reason the worker cannot or will not be returning to the
prior job upon recovery, the following general guidelines will apply.
1. If the injury disables the worker from earning full wages beyond the
day of the injury and this results in an actual loss of earnings or a
potential loss of earnings, the requirement of section 134(4) will be
met and wage-loss benefits will be paid.
2. If the worker’s injury does not result in any actual or potential loss
of earnings, the requirements of section 134(4) will be deemed to
have not been met.
In interpreting “potential loss” no rigid rules can be established since every case
will have to be determined on the information received. In situations where there
is a lay-off due to lack of work, a worker would normally be considered as having
experienced a potential loss and wage-loss benefits would be paid. The situation

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would be similar if a partially disabled worker has continued work on light work
and has been laid off due to a lack of work, but payments on such a claim would
be considered under section 192 of the Act. The general expectation in those
situations is that the worker would, if not injured, have immediately sought new
employment and the Board should not speculate as to if and when it would have
been found. If, however, there is evidence to rebut this general expectation, the
Board may conclude in a particular situation that there was no actual or potential
loss. For example, suppose a person with no other attachment to the labour
force, has been injured in the course of a single day’s work at a polling station
during an election. The person would not normally be available on the general
labour market beyond the one day of work at the polling station.
There are other situations where, immediately following the lay-off, it would not
normally be expected that the worker would seek other work, for example,
strikes, a statutory holiday, weekends or normal days off, vacations or absences
required for medical treatment unrelated to the work injury. It will normally be
considered that there is no loss or potential loss in such cases. Again, however,
the opposite conclusion may be reached if there is evidence that the worker
would have undertaken other work but the disability from the injury prevented it.
It should be made clear that the above rules only apply at the point of the original
lay-off. Once the Board has commenced the payment of wage-loss benefits, it
does not normally discontinue them simply because, irrespective of the injury, the
worker would not have been working for some period of time. This applies even
in cases where the worker recovers from the initial disability and wage-loss
benefits are terminated but the worker subsequently has a recurrence within
three years of the compensable condition. The fact that the worker is, for
example, on strike at the time of the recurrence does not bar the payment of
wage-loss benefits for temporary total disability.
See policy item #35.30 for policy on the duration of temporary disability wage-
loss benefits.
R.S.B.C. 2019, c. 1.
#34.40 Pay Employer Claims

Section 233 provides, in part:
(1) In setting the amount of a periodic payment of compensation to a

worker, the Board must consider payments, allowances or benefits
that the worker may receive from the worker's employer during the
period of the worker’s disability, including a pension, gratuity or
other allowance provided wholly at the expense of the employer.

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(2) An amount deducted under this section from the compensation
otherwise payable to a worker may be paid to the worker’s
employer . . .
The section does not provide that any payment made by the employer shall be
deducted from the compensation, or that any compensation deducted shall be
paid to the employer. It requires that the Board must consider the matter, and
that any compensation deducted under this section may be paid to the employer.
The section is permissive, not mandatory, and the question is, therefore, in what
circumstances a deduction should be made.
In practice, employers who continue paying full wages to disabled workers are
reimbursed in amounts equal to the compensation that would normally be paid to
their employees. No refund is made for the difference between the amount of
compensation and the worker’s regular salary.
Refunds are made to all employers except for the Federal Government.
However, in any case where the Federal Government is not continuing to pay full
salary, the Board must pay the wage-loss benefits to the worker.
If a claim is reopened and the worker is carried on full salary by a different

employer than the employer at the time of the original injury, the new employer is
reimbursed to the same extent as the original employer would have been. This
applies even though the original or new employer is an agency or department of
the Federal Government.
If an employer has any outstanding liability to the Board for assessments, the
amount of the liability is deducted from any payments made to the employer.
EFFECTIVE DATE: December 1, 2010
R.S.B.C. 2019, c. 1.
December 1, 2010 – Deleted statement providing that no refund
will be made to the employer where the employer continues to
pay 25% or less of the worker’s salary during the disability.
APPLICATION: Applies to all decisions made on or after December 1, 2010.
#34.41 Vacation Pay

If a vacation period or statutory holiday occurs while a worker is receiving wage-
loss benefits, the Board continues to pay those benefits or, in the case of a pay
employer claim, to the employer.
#34.42 Termination Pay

The language of section 233 is broad enough to cover termination pay.

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In a Board decision, the worker incurred a compensable injury on
October 28, 1975. On October 30, the employer terminated the service of the
worker, and pursuant to section 18 of the Coal Mines Regulation Act, in place at
the time, the worker received a termination payment roughly equivalent to wages
for one month. The Board rejected an application that the compensation
payments attributable to the month of November should be paid to the employer
under what is now section 233.
This was not a voluntary payment by the employer. It was termination pay
required by law. If the worker had been fit to do so, the worker would have been
free in early November to take any other job that the worker could find, receive
full wages in respect of that job and still be entitled to the termination pay. In
other words, by the law of British Columbia, the worker was entitled to be paid
twice over the month of November. Given the disability, the worker could not do
that. But upon being fit again to return to work, the worker is in the position of
one who must find new employment. Termination pay is intended to allow for the
worker being in that position.
This relates only to termination pay under the Coal Mines Regulation Act, in
place at the time of the 1975 decision. Other arguments may be relevant with
regard to other kinds of termination payments. However, where the payment is
of a similar type or category in that it results from a legislative requirement or a
contractual agreement, it will likely be treated in the same manner as that
described above.
R.S.B.C. 2019, c. 1.
This policy incorporates portions of Workers’ Compensation
Reporter Decision No. 107, [1975] 2 W.C.R. 42.
#34.50 Duration of Wage-Loss Benefits for Temporary Total

Disablity Compensation
See policy item #35.30 for the rules related to the duration of wage-loss benefits.
R.S.B.C. 2019, c. 1.
#34.51 Other Factors Prevent Return to Employment

If a worker has not attained the age at which compensation payments are
terminated under section 201(1) of the Act and the temporary total disability
remains, wage-loss benefits continue to be paid even though some event occurs
after their commencement which would in any event have meant that the worker
would not be working. Therefore, such wage-loss benefits are not terminated
just because there is a strike, vacation, or lay-off. On the other hand, as pointed
out in policy item #34.32, on a recurrence of a compensable condition occurring

5 - 10
more than three years after the injury, wage-loss benefits will not be paid for any
temporary total disability if there is at that time no actual or potential loss of
earnings.
If a worker in receipt of wage-loss benefits wishes to travel to another place as

part of a vacation or for other reasons, the worker should notify the Board. The
Board will then consider the following matters:
(a) If travelling outside British Columbia, the worker should be

advised that the Board will not pay in excess of the rates
paid for medical treatment in British Columbia.
(b) If there is to be a period with no treatment which may

protract recovery, the worker will be advised not to
discontinue treatment and that if the worker does so, it may
affect entitlement to wage-loss benefits. The Board will
normally seek medical advice before doing this.
(c) The activities planned for the vacation may suggest that the
worker is not disabled or may protract recovery. The Board
will seek medical advice on this and advise the worker
accordingly.
There is in general no objection to wage-loss benefits being continued while a

worker is travelling on vacation where that vacation will not hinder or protract
recovery (see Items C10-73.00 and C10-75.10).
If a worker’s physical or psychological impairment has disappeared or stabilized,

wage-loss benefits must be terminated even though the worker, to prevent
further occurrences of the condition, remains off work. Wage-loss benefits are
not payable for preventative measures. Alternatively, if the worker’s continuing
unemployment is due to factors such as fire hazard, seasonal closure, strike or
lock-out, wage-loss benefits are also not payable. If, however, there is a delay in
returning to work due to the travelling required back to the place of employment,
such as a previously injured worker returning to the home community from a
treatment centre elsewhere, or a few days until a company doctor clears the
worker to return to work, the Board may extend full wage-loss benefits for a few
days beyond the time when the disability ceased. This extension will not be
granted if it is concluded that the worker is unnecessarily delaying the return to
work.
CROSS REFERENCES: Item C10-73.00, Direction, Supervision, and Control of Health
Care;
Item C10-75.10, Health Care Accounts – Health Care Provided
Out-of-Province, of the Rehabilitation Services & Claims Manual,
Volume II.

5 - 11
HISTORY: October 21, 2020 – Amended to reflect amendment to health
care provisions of the Act by the Workers Compensation
Amendment Act, 2020 (Bill 23 of 2020), in effect
August 14, 2020.
April 6, 2020 − Housekeeping changes consequential to
R.S.B.C. 2019, c. 1.
APPLICATION: Applies on or after October 21, 2020.
#34.52 Workers Undergoing Educational or Training Program

If a worker who has been receiving wage-loss benefits for temporary total or
partial disability commences an educational or training program, the question
arises as to the continuation of payments by the Board during the course of the
program.
There appear to be three different situations:
1. Retraining or Educational Program Covered by Item C11-88.50.
In certain cases, as outlined in Item C11-88.50, the Board supports

retraining or educational programs needed wholly or partly as
rehabilitation for a worker’s compensable injury. This applies if a
worker is no longer temporarily disabled from working and wage-
loss benefits have terminated, but before the worker can return to
work some retraining or educational program is required. This
policy, policy item #34.52, however, is intended to deal with a
worker who undertakes a course of training while receiving wage-
loss benefits for temporary disability under section 191 or 192 of
the Act and does not affect the operation of Item C11-88.50.
2. Retraining or Educational Program Arranged Prior to Injury
Prior to injury, a worker may have arranged to undertake a

retraining or educational course as part of career development or to
become established in some new career. If the course involves
time off work, the worker could be anticipating a period when there
will be no earnings save for training allowances payable by the
department continued under the Department of Employment and
Social Development Act (Employment and Social Development
Canada – “ESDC”) or a similar agency. Since this training
allowance will continue to be paid whether or not there is a
compensable injury, the worker’s financial position while taking the
course is no worse because of the injury than if there had been no
injury. Therefore, the Board considers that a worker is not disabled
as a result of the compensable injury and no wage-loss benefit is
payable while undertaking a training or educational program
arranged prior to the injury.

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Under the terms of some collective agreements, a worker continues
to receive full wages while undertaking a training program. In such
cases, an arrangement is normally made with ESDC for any
training allowance to be paid to the employer. The Board would
expect that an employer would continue to pay a worker’s salary
while taking the course, regardless of the fact that the worker had
previously incurred a compensable injury. In this case, there is no
financial loss because of the injury while taking the course and no
wage-loss benefit is payable. Nor is the employer refunded the
continuation of salary paid to the worker during the course.
In some circumstances, ESDC will “top up” a training allowance to

bring it up to the amount of a normal Employment Insurance
payment. If the Board makes no payment of wage-loss benefits to
a worker during a training course, it is understood that any
entitlement of the worker to have the training allowances “topped
up” by ESDC will be unaffected by the occurrence of the
compensable injury. There is, therefore, no justification for the
payment of wage-loss benefits during the course.
It is not necessary for all the details of the course as to time, place,
subject matter, etc. to have been settled prior to the injury for it to
be considered as “pre-arranged”. For example, an apprentice may
be required to spend some part of each year of the apprenticeship
in school. While the exact dates may not be known at the date of
injury, the worker must, at that time, clearly anticipate a period at
school to be undergone in the near future. It is, therefore,
reasonable to apply the rules set out above.
3. Retraining or Education Program Arranged After the Injury
A worker may decide after the injury to utilize the time in which the
worker is disabled from work to improve education or work skills by
undertaking a retraining or educational program. The worker is
losing time from work because of the injury and is “disabled” for the
purposes of section 191 or 192. It cannot be said that even if the
worker had not been injured, the worker would have been taking
the program at that particular time resulting in a loss of income for
the worker. The worker is only taking the program at that particular
time because of the injury. Therefore, wage-loss benefits will be
continued in full in addition to any training allowances which the
worker is entitled to receive from another government agency.
R.S.B.C. 2019, c. 1.

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June 1, 2009 – Updated references to Human Resources and
Skills Development Canada.
November 1, 2002 – Amendments were made to update policy
cross-references and housekeeping changes.
#34.53 Termination at a Future Date

A worker is not entitled to place absolute reliance on a doctor’s probable return-
to-work date. Wage-loss benefits are only payable if the worker actually has a
temporary disability. They cannot be paid because, although the worker has no
such disability, the doctor some time previously predicted that the worker would
be disabled at that time. A doctor’s prediction is of assistance to the worker, the
employer and the Board to plan their future actions, but there is no guarantee
that the prediction will be accurate. A worker who has been told by the doctor
that the worker can probably return to work on some future date has a
responsibility to monitor the condition for improvement and to return to work
before the predicted date if the condition allows it. If the worker is in any doubt,
an earlier appointment can always be arranged with the doctor.
If a doctor’s prediction of the duration of a worker’s disability were accepted as

conclusive, it would mean that if a worker continued to be disabled after a
predicted return-to-work date, the worker should nevertheless return to work.
Regardless of a doctor’s prediction of the length of a disability, wage-loss
benefits are paid for as long as a worker continues to be disabled because of the
injury or until the worker has attained the age at which compensation is
terminated under section 201(1) of the Act. A doctor’s prediction of a worker’s
return to work can be in error by setting a date either too early or too late. It
cannot therefore be regarded as the sole criterion for the payment of wage-loss
benefits and is only one factor to be considered.
As a general rule, decisions relating to wage-loss benefits should relate to the

past and the present, and to continuing situations. A termination date should not
normally be set for the future. But there are exceptional cases in which a
decision of this kind is justified. The responsibilities of the Board relate not only
to claims decisions, but also to rehabilitation. Effective rehabilitation requires that
different people should be treated in different ways. All people are not motivated
by the same approach. It is possible to conceive of cases in which the Board
might consider a worker to have reached a point of recovery at which the worker
is very close to returning to work. The worker may have a psychological
impairment that persuades the Board to continue a convalescent period to
enable the worker to adapt. But a judgment might rationally be made that the
worker is more likely to adopt a return-to-work mindset if told of a specified date
at which wage-loss benefits will terminate. But if, at or after that date, no request
for review by the Review Division has been filed and there is evidence that the
worker is still unfit, then the decision may be reconsidered under section 123 of
the Act subject to the applicable criteria in that section.

5 - 14
HISTORY: October 29, 2020 – Amended to reflect amendment to the
reconsideration provisions of the Act by the Workers
August 14, 2020.
R.S.B.C. 2019, c. 1.
March 3, 2003 – Changes were made regarding reference to
Review Division and 75-day period for the Board
reconsiderations.
#34.54 When is the Worker’s Condition Stabilized

When a worker is medically examined to assess the degree of impairment, the
examining doctor must first determine whether the worker’s condition has
stabilized. The examining doctor will decide whether:
(a) the condition has definitely stabilized;
(b) the condition has definitely not yet stabilized;
(c) the doctor is unable to state whether or not the condition has
definitely stabilized and
(i) there is a likelihood of minimal change; or
(ii) there is a likelihood of significant change.
The examining doctor may be unable to fit the worker’s condition exactly into one
of the categories discussed above. In such a case, the doctor should simply
state the findings in terms of the categories as well as possible, and the question
whether the condition is temporary or permanent will have to be dealt with by the
Board on the merits of the case.
Having regard to the examining doctor’s report and any other relevant medical
evidence, the Board will then decide whether or not the worker’s condition is
permanent to the extent that permanent disability benefits should be assessed.
In the case of (a), the condition is considered permanent, the permanent

disability is immediately assessed. A condition will be deemed to have plateaued
or become stable where there is little potential for improvement or where any
potential changes are in keeping with the normal fluctuations in the condition
which can be expected with that kind of disability. In the case of (b), the
condition is still temporary and the worker will be maintained on wage-loss
benefits under section 191 or 192 of the Act.
In the situations where the examining doctor in (c)(i) above feels there is only a
potential for minimal change, the condition will usually be considered as

5 - 15
permanent and the permanent disability benefits established immediately on the
basis of the prognosis. This approach will be particularly helpful where the
disability is itself minor.
The following guidelines operate in (c)(ii) above if there is a potential for

significant change in the condition.
1. If the potential change is likely to resolve relatively quickly

(generally within 12 months), the condition will be considered
temporary and the worker maintained on wage-loss benefits under
section 191 or section 192 of the Act, and a further examination will
be scheduled.
2. If the potential change is likely to be protracted (generally over

12 months), the condition will be considered permanent, and the
permanent disability assessed, and the permanent disability
benefits will be paid immediately on the worker’s present degree of
disability, and the claim will be scheduled for future review.
R.S.B.C. 2019, c. 1.
March 3, 2003 – Deleted reference to pension review.
#34.55 Subsequent Non-Compensable Incidents

If a subsequent non-compensable incident occurs at a time when a worker is still
recovering from a compensable injury, the following principles apply.
A subsequent non-compensable incident may include:
• sustaining a non-compensable injury, condition, disease, or disability;

or
• undergoing surgery, tests or other treatment for a non-compensable

injury, condition, disease, or disability.
In the event that a worker temporarily suspends treatment for a compensable

injury because of personal reasons, such as a family emergency or a vacation,
this would not be considered a subsequent non-compensable incident.
The Board is only authorized to pay for disability that is caused by an

employment-related injury and only to the extent of that disability. For this
reason, the Board will not pay for periods of disability caused by a subsequent
non-compensable incident.

5 - 16
If a worker is still disabled by a compensable injury when a subsequent non-
compensable incident occurs, the Board estimates when the worker would have
reached maximum medical recovery. The Board then continues to pay wage-
loss benefits for the period that the Board estimates the worker would have taken
to reach maximum medical recovery from the compensable injury had the
subsequent non-compensable incident not occurred.
When the estimated date for terminating wage-loss benefits arrives, if the worker
is still disabled, the Board makes a new decision as to whether the disability, or
increased disability, is due to the compensable injury or the subsequent non-
compensable incident that has aggravated the compensable injury. If the
disability is due to the subsequent non-compensable incident, wage-loss benefits
are terminated. However, if the disability is due to the compensable injury, wage-
loss benefits may be continued.
In the marginal cases, it is impossible to do better than weigh the evidence

related to the compensable injury against the evidence related to the subsequent
non-compensable incident to reach a conclusion on the termination of wage-loss
benefits. For decisions respecting the compensation or rehabilitation of a worker,
the standard of proof under section 339(3) of the Act is “at least as likely as not.”
The above applies even if the treatment for the subsequent non-compensable
incident is carried out at the same time as treatment for the compensable injury
and might not have been carried out at the time if the worker had not then sought
treatment for the condition resulting from the compensable injury.
R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance
regarding the legal issues of standard of proof, evidence, and
causation.
APPLICATION: Applies to all decisions made on or after February 1, 2020.
#34.60 Payment Procedures for Temporary Total Disability

Wage-Loss Benefits
The decision whether wage-loss benefits are payable, the duration of those
payments, and their amount, is made by the Board. The procedures followed in
making this decision, including the rules of evidence followed, are dealt with in
Chapter 12.
Payments of wage-loss benefits are usually made every two weeks. Cheques
may be mailed to the worker. If a payment has been lost or stolen, or otherwise
not received or cashed by the worker, the worker may request a reissue of the
payment, but the Board will require a written and signed declaration of this from
the worker before a reissue will take place.

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If a worker disagrees with the amount of wage-loss benefits or permanent
disability benefits and returns the cheque, or refuses to accept the cheque, the
Board will not negotiate regarding the acceptance of the cheque. In such
circumstances the worker is notified of the right to request a review from the
Review Division with regard to the matter on the claim to which there is an
objection. This policy also applies to those cases where a worker has elected to
receive the permanent disability benefit cheque by electronic direct bank deposit.
If, following a Board medical examination or the receipt of other reports, it is

concluded that the worker is capable of resuming employment immediately, the
worker will be notified as soon as possible. The Board recognizes that it would
not be fair to delay the notification when the worker might be looking for
employment in the meantime.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officers and
inclusion of reference to funds transfer.
March 3, 2003 – Inclusion of reference to the Review Division.
#35.00 TEMPORARY PARTIAL DISABILITY COMPENSATION

Section 190 requires all compensation under Division 6 of Part 4 of the Act –
Compensation for Worker Disability – to be subject to the manner of
compensation provisions (section 230), the payment of compensation in specific
circumstances provision (section 231), the Board’s authority to discontinue or
suspend payments (section 232), and deductions in relation to payments from
the employer (section 233).
Subject to subsection (2), if a temporary partial disability results from a

worker’s injury, the Board must pay the worker compensation that is a
periodic payment of an amount that equals 90% of the difference between
(a) the worker’s average net earnings before the injury, and
(b) whichever of the following amounts the Board considers

better represents the worker’s loss of earnings:
(i) the average net earnings that the worker is earning

after the injury;
(ii) the average net earnings that the Board estimates the
worker is capable of earning in a suitable occupation
after the injury.

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#35.10 Meaning of Temporary Partial
The meaning of “temporary partial” is governed by the principles set out in policy
item #34.10. The result is that in order to be eligible for wage-loss benefits under
section 192(1) a worker must have a temporary partial physical or psychological
impairment as a result of a work-related injury or occupational disease.
Workers will also be considered to have a temporary partial disability if, even
though they would ordinarily be considered as temporarily totally disabled, they
do in fact continue to carry out their previous jobs in part or perform some other
type of light work.
R.S.B.C. 2019, c. 1.
#35.11 Procedure for Determining Whether Worker is

Temporarily Partially Disabled
The decision as to whether a temporary total disability has resolved to a point of
recovery where it is deemed to be only “partial” shall be made by the Board on
the best evidence available. In many cases it may be appropriate to rely solely
upon reports of the worker’s attending physician or a consulting specialist.
Medical advice on the contents of such reports should be sought and it may be
prudent to contact the attending physician for further discussion.
In other cases, it might well be necessary for the Board to have the worker
medically examined.
In either case, what must be determined is whether the worker’s medical

condition has resolved to the point where the worker is no longer considered
“totally” disabled and it would be to the worker’s advantage to begin to consider
re-entry into the work force. It will not be necessary for the Board to wait
passively for notification by an attending physician or consulting specialist before
proceeding to deal with the worker’s condition as a “partial” rather than “total”
condition. There may be cases where the Board should instigate an examination
of the worker in order to determine the extent of the condition, particularly where
recovery from the injury appears to be unusually protracted, or it appears that
other health or social problems are complicating the potential for re-employment,
or where medical reports tend to indicate considerable improvement in the
worker’s medical condition without specifically recommending a return to some
form of employment.
In any case where it is deemed necessary to have the worker medically

examined, claims will be referred promptly for that purpose and the examination
will be given priority. If such an examination is conducted, the report will indicate
whether the worker:

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(a) is still totally disabled;
(b) is fully recovered;
(c) is temporarily partially disabled;
(d) has a residual permanent disability which shows no

reasonable likelihood of change.
If it is found that the worker is temporarily partially disabled, the medical

examination report will include:
(a) an estimate of the period required for full recovery or

stability;
(b) a recommendation for a future examination;
(c) any medical restrictions to re-employment, such as

limitations on lifting activities, with the reason for such
restrictions;
(d) any medical or other factors found in the examination which

are considered significant in the determination of the
worker’s recovery process.
If the Board intends to rely upon a report from the worker’s attending physician or
consulting specialist, these same general questions should be clarified through
contact with that physician before any further action is taken.
If a worker is medically judged to be only partially disabled and the condition

remains temporary, any further wage-loss benefits should then be processed
under section 192 of the Act. In cases where the Board is able to arrange a return
to work in a suitable occupation, a referral for vocational rehabilitation assistance
may not be required. However, immediate referral for vocation rehabilitation
assistance is made if a suitable return to work cannot be arranged, or if a
comprehensive employability assessment needs to be completed.
The Board must send a letter to the worker, with a copy to the employer and
doctor, advising:
(a) that the worker is considered to be only partially disabled;
(b) that further wage-loss benefits will be paid on the basis of

the difference between the earnings before the injury and
what the worker is then earning, or will be able to earn,
whichever is considered appropriate;

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(c) in cases where vocational rehabilitation assistance is
required, that the worker will be contacted and interviewed
by the Board to assist in efforts to return to work;
(d) the proposed date of the next examination and therefore the
length of time for that phase of wage-loss benefits under
section 192.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officers, Board
Medical Advisors and Vocational Rehabilitation Services.
November 1, 2002 – Amendments to clarify that a Board officer
may make a referral to Vocational Rehabilitation Services to
assist with arranging a return to work.
#35.20 Amount of Compensation for Temporary Partial

Disability
Section 192 provides for payment of partial or total wage-loss benefits where a
worker is only partially disabled. Once the determination is made, on medical
grounds, that a worker is no longer totally disabled but in fact has reached a point
in the recovery process where the worker is deemed to be only partially disabled,
section 192 requires that compensation be paid at 90% of the difference
between:


after the injury;
after the injury.
Wage-loss benefits paid under section 192, represent a worker’s post-injury

wage loss over the short-term, and are based on the worker’s post-injury earning
capacity. Accordingly, in making this determination, the Board considers what a
worker is estimated to be capable of earning in a suitable occupation. This
requires an employability assessment. (See Item C11-89.00).
Post-injury earning capacity may be equal to the worker’s actual earnings unless
the Board determines that the worker is capable of earning more than what is

5 - 21
actually being earned. In these cases, the wage-loss benefit is calculated by
deducting what the worker is estimated to be capable of earning from the pre-
injury earnings.
A worker’s wage-loss benefit will be based on estimated earnings rather than on

actual earnings in the following cases:
• The worker is employable but does not have a job; or
• The worker has a job but is not maximizing earning capacity up to the
pre-injury wage rate; or
• The worker has, for personal reasons, withdrawn from the workforce; or
• The worker fails to co-operate with the rehabilitation process.
The wage-loss benefits established under section 192 are subject to periodic
review. The review may include a vocational rehabilitation assessment regarding
what the worker actually earned in the intervening period, if anything, and will
estimate what the worker could have earned in the opinion of the Board.
Payments by the Board will be based upon this information and on any other
evidence considered significant.
In determining temporary partial disability wage-loss benefit entitlement under

section 192 of the Act, no wage-loss benefits will be paid in excess of the amount
of personal optional protection purchased.
The Board must, in all cases, make the worker aware of the reasons for the
wage-loss benefits paid under section 192 and more particularly, when only
partial payments are made.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officers,
Compensation Services and Vocational Rehabilitation Services.
November 1, 2002 – Amendments set out section 30 and
provides that compensation paid under section 30 represents a
worker’s post-injury wage-loss over the short term and is based
on the worker's post-injury earning capacity. Policy also
provides cases where post-injury wage-loss will be based on
estimated earnings rather than on actual earnings.

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#35.21 Suitable Occupation for Temporary Partial Disability
Compensation
A suitable occupation is one that:
• does not endanger a worker’s recovery or the health and safety of the
worker and/or others;
• the worker has the skills, education and functional abilities that the
occupation requires;
• is reasonably available over the short-term in the worker’s community

or, where appropriate, in British Columbia at large; and
• a worker is medically capable of performing.
Once a suitable occupation is identified, the Board will estimate what the worker
is capable of earning in that occupation. In calculating what the worker is
capable of earning in the suitable occupation, there may be situations where the
Board should also consider other factors. These factors include:
• any personal limitations upon re-employment, such as age or

language;
• any external limitations upon re-employment, such as the possibility of

loss of pension entitlement or seniority;
• limitations through the worker’s own efforts and cooperation in

becoming re-employed;
• general or locally depressed economic conditions which limits the

worker’s re-employment irrespective of the occurrence of the injury.
The evidence must support a finding that these factors either alone or in
combination would make it unreasonable for the Board to consider the
occupation as suitable for the purpose of establishing what the worker is
estimated capable of earning. These factors must be balanced against the goal
of minimizing post-injury wage loss.
With regard to economic conditions, the Board determines whether the worker’s
employment problem is primarily due to a residual temporary disability or is more
likely to be due to the lack of suitable employment occasioned by economic
circumstances.
If the economy is the major factor in a worker’s post-injury wage loss, wage-loss
benefits under section 192 are based on the difference between the worker’s pre-
injury wage rate and the wage rate of the jobs that would otherwise have been

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available were it not for the economic down-turn. However, if the worker’s
remaining disability makes the worker less viable as a potential candidate for
employment in the labour force in competition with other non-disabled workers,
there will be no difference between the worker’s average net earnings before the
injury and the average net earnings that the Board estimates the worker is
capable of earning in a suitable occupation after the injury, and therefore the
worker may be paid full wage-loss benefits on the basis that the work is not
reasonably available.
If economic conditions are such that had the worker not been injured, the worker
also would have continued to be employed, then, even though alternative jobs
are not available due to economic factors, the primary cause of the worker’s loss
is considered to stem from the injury. The worker is entitled to section 192 wage-
loss benefits up to and including full wage-loss benefits if there are no jobs
reasonably available in the period being considered.
If a worker is working towards an employment objective under a rehabilitation

plan, the worker is not expected to accept a lower paying alternative job in the
interim, if the worker is cooperating in good faith and taking the job would
negatively compromise the rehabilitation plan.
In all cases, the employment opportunity or opportunities should be available

immediately or within the period under review (two weeks, one month) and there
should be some certainty that workers would have these opportunities open to
them should they choose to apply.
R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance
regarding legal issues of standard of proof and evidence.
#35.22 Calculation of Earnings for Workers with Two Jobs

If, prior to the injury, the worker was engaged in two occupations, but the injury
only disables the worker from one, the pre-injury earnings are calculated by
adding the earnings in both, subject to the statutory maximum. The post-injury
earnings are calculated by combining the earnings in the job the worker
continues to carry on, with the earnings (if any) which the worker is able to earn
in some other suitable and available job in the time that would have otherwise
been spent in performing the other pre-injury job.
R.S.B.C. 2019, c. 1.

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#35.23 Minimum Amount of Compensation for Temporary Partial
Disability
The minimum amount of wage-loss benefits for temporary partial disability is
calculated in the manner set out in policy item #34.20 for temporary total
disability but to the extent only of the partial disability.
If a worker’s average earnings are less than the minimum average earnings per
week established by section 191, the worker will receive wage-loss benefits
equal in amount to the worker’s loss of earnings in any case where section 192
applies. Wage-loss benefits in these situations will not be based upon 90% of
average net earnings. Consequently, there will be no deductions under
Division 8 of Part 4 of the Act – Average Net Earnings of Worker − from the
worker’s average earnings to produce average net earnings.
R.S.B.C. 2019, c. 1.
#35.24 Workers Engaged in Own Business

If the worker is self-employed, the worker will often continue to work following a
compensable injury. Though unable to perform the former heavier work, the
worker can still perform administrative and other light work. Full wage-loss
benefits will not be paid by the Board just because the worker cannot perform the
heavier work. As the worker is doing some remunerative work, section 192
requires that it be taken into account, and that only partial wage-loss benefits be
paid.
In compensating the principal of a small limited company, the Board’s obligations

extend only to the losses incurred in their capacity as an employee. Wage-loss
benefits cannot be paid to reflect any detrimental effect that the injury may have
on the company’s business.
If a worker was not engaged in the worker’s own business prior to the injury, and
the worker commences a business after the injury, the following applies. Being
in control of the business, the worker determines what personal salary is paid.
The worker can, and will commonly, take no earnings at all, or very low earnings,
out of the business when it is starting up in the expectation that the worker will
reap the benefit later. Yet, the worker may be doing a substantial amount of
work that, under normal circumstances, would command a significant wage. In
such a situation, the only way the Board can determine the worker’s real
earnings is to estimate the value of the work the worker does.
R.S.B.C. 2019, c. 1.

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#35.30 Duration of Wage-Loss Benefits for Temporary Partial
Disability Compensation
Section 201(2) of the Act provides that the Board may not pay compensation to a
worker under Division 6 of Part 4 of the Act – Compensation for Worker Disability
− (temporary, permanent, recurrence, non-traumatic hearing loss, disfigurement,
and retirement benefit contribution), if the worker ceases to have the disability for
which the periodic payment is to be made.
As a result, the Board terminates temporary total or temporary partial wage-loss

benefits under section 191(1) or 192(1) once the worker’s temporary disability
ceases. A temporary disability ceases when it either resolves entirely or
stabilizes as a permanent impairment, entitling the worker to be assessed for
permanent disability benefits under section 194 or 195 of the Act.
The nature of a temporary disability may also change, affecting a worker’s

entitlement under the Act. Temporary total wage-loss benefits payable under
section 191(1), will be terminated if the worker’s medical condition has resolved
to the point where the worker is no longer considered temporarily totally disabled
and becomes temporarily partially disabled. In these situations, the worker may
be entitled to temporary partial disability wage-loss benefits under section 192(1)
of the Act.
Similarly, wage-loss benefits payable under section 192(1) will be terminated if

the worker’s compensable medical condition ceases to be “temporary partial” and
becomes “temporary total”. The worker in such circumstances may be entitled to
temporary total disability wage-loss benefits under section 191(1) of the Act.
In all cases, payment of wage-loss benefits will be terminated under

sections 191(1) and 192(1) where, notwithstanding the existence of a temporary
total or temporary partial impairment, the worker is incurring no loss of earnings
as a result of the work injury.
Finally, the duration of wage-loss benefits may be affected by the worker’s age at
the date of injury.
Section 201(1) of the Act provides that compensation under Division 6 of Part 4
of the Act – Compensation for Worker Disability − may be paid to an injured
worker, only as follows:
(a) if the worker is under 63 years of age on the date of the

injury, until the later of the following:

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(ii) if the Board is satisfied the worker would retire after
reaching 65 years of age, the date the worker would
retire, as determined by the Board;
(b) if the worker is 63 years of age or older on the date of the

injury, until the later of the following:
(ii) if the Board is satisfied that the worker would retire

after the date of the injury, the date the worker would
retire, as determined by the Board.
For the purposes of temporary disabilities, section 201(1) of the Act provides for
the payment of wage-loss benefits until a worker reaches 65 years of age.
If the Board is satisfied a worker would retire after reaching 65 years of age,
section 201(1) permits the Board to continue to pay wage-loss benefits to the age
the worker would retire after the age of 65 if the worker had not been injured.
For the purpose of this policy, a worker is generally considered to be retired

when the worker substantially withdraws from the workforce and receives
retirement income from one or more retirement-like sources (eg., CPP, OAS,
employer pension plan, RRSP or other personal savings).
When determining whether a temporarily disabled worker would retire after

age 65, the circumstances under consideration are those of the individual worker
as they existed at the time of injury.
As age 65 is the established retirement age under the Act, to continue to pay
benefits after the age of 65, the evidence must support a finding that the worker
would work past age 65. Evidence is also required so that the Board can
establish the worker’s new retirement date for the purposes of concluding wage-
loss benefits. The standard of proof under section 339(3) of the Act is “at least
as likely as not” as described in policy item #97.00.
The issue for the Board to determine is whether it is “at least as likely as not” that
the worker would have retired after age 65. The Board considers the worker’s
statement of intention to retire after age 65, but must determine whether it is “at
least as likely as not” that the worker would actually have retired later than
age 65.
Examples of the kinds of evidence that may support a finding that a worker would
retire after reaching 65 years of age, and to establish the date of retirement,
include the following:
• names of the employer or employers the worker intended to work

for after age 65, a description of the type of employment the worker

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was going to perform, the expected duration of employment, and
information from the identified employer or employers to confirm
that the employer intended to employ the worker after the worker
reached age 65 and that employment was available;
• a statement from a bank or financial institution outlining a financial

plan and post-age 65 retirement date, established prior to the date
of the injury; and
• an accountant’s statement verifying a long-term business plan (for

self-employed workers) established prior to the date of the injury,
indicating continuation of work beyond age 65.
Where the above type of evidence is available, this would be evidence in support
of a determination that a worker would have worked until after age 65.
The following are examples of other kinds of evidence that alone may not support
a finding that a worker would retire after reaching 65 years of age:
• information provided from the worker’s pre-injury employer, union

or professional association regarding the normal retirement age for
workers in the same pre-injury occupation and whether there are
incentive plans for workers working beyond age 65;
• information from the pre-injury employer about whether the worker

was covered under a pension plan provided by the employer, and
the terms of that plan;
• information from the pre-injury employer or union on whether there

was a collective agreement in place setting out the normal
retirement age;
• information regarding whether the worker would have the physical

capacity to perform the work;
• financial obligations of the worker, such as a mortgage or other

debts;
• family commitments of the worker; and
• an outstanding lease on a commercial vehicle (for self-employed

workers).
These are not conclusive lists of the types of evidence that may be considered.
The Board will consider any other relevant information in determining whether a
worker would have worked past age 65 and at what date the worker would have
retired.

5 - 28
Generally, the decision as to a worker’s retirement date is made as part of the
determination of a worker’s entitlement to permanent disability benefits.
In some circumstances, the decision as to a worker’s retirement date may be

made prior to the determination of a worker’s entitlement to permanent disability
benefits. For example, when a worker’s retirement date impacts a worker’s
entitlement to wage-loss benefits or vocational rehabilitation benefits. In these
cases, the retirement date on the wage-loss benefits or vocational rehabilitation
benefit will also apply to the resulting permanent disability benefit, if granted.
If the Board is satisfied that a worker would have continued to work past age 65 if
the injury had not occurred, wage-loss benefit payments may continue past that
age until the date the Board has established as the worker’s retirement date. At
the worker’s age of retirement, as determined by the Board, wage-loss benefits
will conclude even if the worker’s temporary disability remains.
R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance on legal
#35.40 Payment Procedures for Temporary Partial Disability

Wage-Loss Benefits
Temporary partial disability wage-loss benefits are paid in the same manner as
temporary total disability wage-loss benefits, as set out in policy item #34.60.
R.S.B.C. 2019, c. 1.

5 - 29
CHAPTER 6
PERMANENT DISABILITY BENEFITS
#36.00 INTRODUCTION
The Board pays permanent disability benefits if a worker fails to completely
recover from a work-related injury or occupational disease, and is left with a
permanent residual disability. The entitlement to permanent disability benefits
commences at the point when the worker’s temporary disability under the claim
ceases and the condition stabilizes. The permanent disability may be total
(section 194) or partial (sections 195 and 196).
Permanent disability benefits are calculated on the basis of a worker’s long term
“average net earnings”. The computation of long term average net earnings is
dealt with in Chapter 9.
R.S.B.C. 2019, c. 1.
#36.10 Transitional Provisions for Permanent Disability

Benefits (see Chapter 1, policy item #1.03)
The rules for determining whether the law and policy in effect immediately prior to
June 30, 2002 (subject to subsequent amendments) apply, or those in effect on
or after that date, in relation to permanent disability benefits for injured workers,
are set out in policy item #1.03.
EFFECTIVE DATE: January 30, 2002
CROSS REFERENCES: Policy item #1.03, Scope of Volume I and II in Relation to
Compensation for Injured Workers, of the Rehabilitation Services
R.S.B.C. 2019, c. 1.
#36.20 Canada Pension Plan Disability Benefits

Section 202 of the Act provides:
(1) This section applies to a worker who receives
May 2020 Volume II

6-1
(a) a periodic payment of compensation under section 194(1),
195(1) or 196(1) [compensation for permanent disability] in
respect of an injury, and
(b) a disability benefit under the Canada Pension Plan in

respect of the injury.
(2) Subject to sections 194(2), 195(2) and 198(5) [minimum

compensation payments], the Board must deduct from a periodic
payment referred to in subsection (1)(a), an amount that equals
50% of any disability benefit paid as referred to in subsection (1)(b).
The Board deducts applicable Canada Pension Plan (“CPP”) disability benefits
from the worker’s permanent disability benefits where the injury occurs on or
after June 30, 2002. Where a worker was injured before June 30, 2002 and the
permanent disability first occurred on or after June 30, 2002, CPP disability
benefits paid to the worker for the same injury will not be deducted from the
worker’s permanent disability benefits.
If a worker is paid CPP disability benefits for dependent children, the Board does
not deduct CPP disability child benefits from the worker’s permanent disability
benefits.
R.S.B.C. 2019, c. 1.
#36.21 Confirmation of CPP Disability Payments

The Board will advise a worker of the legislative requirement that CPP disability
benefits be deducted from the worker’s permanent disability benefits. To ensure
that only the portion of CPP disability benefits related to the injury is deducted
from the amount the Board pays for a worker’s permanent disability, the Board
needs information from the department continued under the Department of
Employment and Social Development Act (Employment and Social Development
Canada – “ESDC”) confirming that the worker is receiving CPP disability benefits,
the effective dates (start and end dates), the medical condition(s) for which CPP
disability benefits are being paid, and the benefit amount. Workers are
responsible for providing CPP information to the Board.
The worker’s obligation to provide information to the Board to administer the

claim is discussed in policy item #93.26.
The Board will also advise a worker of the obligation to provide necessary CPP
information and the consequences of failing to comply. If a worker fails to
provide the necessary CPP information, the Board may reduce or suspend the
worker’s permanent disability periodic payments as discussed in policy
item #93.26.

6-2
CROSS REFERENCES: Policy item #93.26, Obligation to Provide Information, of the
R.S.B.C. 2019, c. 1.
June 1, 2009 – Updated references to Human Resources and
#36.22 Determination of the Amount of a CPP Disability Benefit

that is Attributed to the Compensable Work Injury
CPP disability benefit entitlement is based on total disablement which may
encompass a work injury, other disabling conditions or a combination of both.
If a worker is disabled because of the work injury and there is evidence that leads
the Board to determine that the disability benefits being issued under CPP are
only related to the work injury, 50% of the entire CPP disability benefits paid to
the worker will be deducted from the worker’s permanent disability benefits
payable by the Board.
If a worker is disabled because of the work injury and it is unclear what amount of
CPP disability benefits is attributable to the compensable work injury, the amount
of the CPP disability benefits attributable to the compensable work injury is
determined as follows:
• If the permanent disability benefits are calculated under the

section 195(1) method of assessment, the amount of the CPP disability
benefits attributable to the injury is determined by using the same
proportion to the total CPP disability benefits as the worker’s assessed
percentage of disability using the section 195(1) method. The Board
deducts 50% of the calculated amount from the worker’s permanent
disability benefits payment.
• If the permanent disability benefits are calculated under the

section 196(3) method of assessment, the amount of the CPP disability
benefits attributable to the injury is determined by using the same
proportion to the total CPP disability benefits as the worker’s estimated
loss of earnings bears to the worker’s average net earnings. The
Board deducts 50% of the calculated amount from the worker’s
permanent disability benefits payment.
If a worker is disabled because of the work injury and there is evidence that leads
the Board to determine that the disability benefits being issued under CPP are
not related to the injury, the Board will not deduct CPP disability benefits from the
worker’s permanent disability benefits.

6-3
R.S.B.C. 2019, c. 1.
APPLICATION: To all section 195(1) assessments and reassessments
undertaken with reference to the Permanent Disability Evaluation
Schedule (see Appendix 3) on or after August 1, 2003.
#36.23 Deduction of Lump Sum Payments of CPP Disability

Benefits
If the Board determines a worker’s permanent disability benefit entitlement and
the worker is later advised that the worker is entitled to CPP disability benefits
and is paid a lump sum amount under the CPP, the Board will deduct 50% of the
applicable CPP disability benefits paid to the worker from future benefit payment.
The Board will, as far as possible, do this in a manner which causes the least
hardship to the worker. Normally, the Board will recover the amount owing by
installments.
R.S.B.C. 2019, c. 1.
#36.24 Deduction of CPP Disability Benefits in Cases of

Minimum Compensation
Benefits paid to a worker for a permanent disability are subject to a statutory
minimum amount. CPP disability benefits will be deducted until the resulting
permanent disability compensation amount falls to the statutory minimum.
If the amount to be paid for permanent disability is at or below the statutory

minimum, the Board will not deduct CPP disability benefits.
R.S.B.C. 2019, c. 1.
#37.00 PERMANENT TOTAL DISABILITY BENEFITS

Section 190 states that all compensation under Division 6 of Part 4 of the Act –
Compensation for Worker Disability − is subject to sections 230, 231, 232, and
233.
Subject to subsection (2), if a permanent total disability results from

a worker’s injury, the Board must pay the worker compensation that
is a periodic payment of an amount that equals 90% of the worker’s
average net earnings.

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Some examples of permanent total disability are paraplegia, quadriplegia,
hemiplegia, and total or near total blindness. Combinations of permanent partial
disabilities can also become permanent total disabilities, such as bilateral
amputations of arms and legs.
Permanent total disability periodic payments continue until a worker reaches

age 65, or later if the Board is satisfied that the worker would have worked past
age 65. (Policy item #41.00.)
On reaching retirement age, a worker who has received permanent disability

benefits is entitled to a retirement benefit (policy item #116.00). Permanently
totally disabled workers are also entitled to rehabilitation benefits, health care
benefits and personal supports after reaching retirement age (Item C18-116.30).
Board policies on the retirement benefit are contained in Chapter 18 of the
RS&CM.
CROSS REFERENCES: Chapter 18, Retirement Benefits, of the Rehabilitation Services &
R.S.B.C. 2019, c. 1.
APPLICATION: To all assessments and reassessments undertaken with
reference to the Permanent Disability Evaluation Schedule in
accordance with section 23(1) of the Workers Compensation Act,
R.S.B.C. 1996, c. 492, or section 195(1) of the Act, as applicable
on or after August 1, 2003.
#37.10 Commencement of Permanent Total Disability Benefit

Payments
Permanent total disability benefits are granted as soon as the medical evidence
confirms that the worker is permanently totally disabled as a result of the work
injury or occupational disease.
However, it may be necessary to make this type of payment at a provisional rate

under policy item #65.04 pending clarification of the worker’s pre-injury earnings.
After determining the amount of a worker’s permanent total disability benefits, the
Board must deduct from a worker’s periodic payment, an amount that equals
50% of any Canada Pension Plan (CPP) disability benefit that the worker is paid
in respect of the work injury. The required CPP disability benefit deduction is
subject to the Board’s statutory minimum (policy items #36.20 to #36.24).
CROSS REFERENCES: Policy item #36.20, Canada Pension Plan Disability Benefits;
Policy item #36.21, Confirmation of CPP Disability Payments;
Policy item #36.22, Determination of the Amount of a CPP
Disability Benefit that is Attributed to the Compensable Work
Injury;

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Policy item #36.23, Deduction of Lump Sum Payments of
CPP Disability Benefits;
Policy item #36.24, Deduction of CPP Disability Benefits in
Cases of Minimum Compensation;
Policy item #65.04, Provisional Rate, of the Rehabilitation
R.S.B.C. 2019, c. 1.
#37.20 Minimum Amount of Compensation for Permanent

Total Disability
Section 194(2) provides that the compensation to be paid for permanent total
disability must not be less per month than the minimum set out below. This
minimum is subject to cost of living adjustments as described in policy
item #51.20.
$ Minimum
January 1, 2019 ― December 31, 2019 1,802.04
January 1, 2020 ― December 31, 2020 1,835.64

R.S.B.C. 2019, c. 1.
#37.21 Statutory Minimum Application

The statutory minimum only applies in cases where the Board rates a worker’s
permanent disability at 100% under the section 195 method of permanent
disability assessment. It does not apply when the percentage of permanent
partial disability is less than 100% but the worker is found to be totally
unemployable under the section 196 method of permanent disability assessment.
(See policy item #40.00.)
CROSS REFERENCES: Policy item #40.00, Section 196 Assessment, of the
R.S.B.C. 2019, c. 1.
#37.30 Reopening Claims for a Further Period of Temporary

Disability
If a claim involving a permanent total disability is reopened, no payments of
wage-loss benefits can be made. Wage-loss benefits may, however, be payable

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where a worker who is receiving permanent total disability benefits of less than
the current maximum, incurs a new injury at work. The amount payable would be
the difference between the permanent disability benefits periodic payment being
paid on the old claim, and 90% of the long term average net earnings on the new
claim, limited by the current maximum.
R.S.B.C. 2019, c. 1.
#38.00 PERMANENT PARTIAL DISABILITY BENEFITS

Sections 195 and 196 of the Act pertain to the determination of a worker’s
entitlement to compensation for a permanent partial disability that results from a
work injury. Section 195(1) is the mandatory provision that must be applied in
the assessment of permanent partial disabilities. Only in exceptional
circumstances will an assessment be done under section 196.
In all cases where a permanent partial disability results from a work injury, a
worker’s entitlement to permanent partial disability benefits must be calculated
using the method set out in section 195(1) of the Act. In determining the
compensation payable under section 195(1), the Board may be guided by
section 195(3), which permits the use of a schedule of percentages of
impairment of earning capacity for specified injuries or mutilations.
In all but exceptional cases, the effect of the disability on a worker will be
appropriately compensated under section 195.
Only in exceptional cases will section 195(1) not be the method of assessment
used to determine a worker’s entitlement to permanent partial disability benefits.
In these cases the Board considers whether the combined effect of a worker’s
occupation at the time of the injury and the disability resulting from the injury is so
exceptional, that the section 195(1) method does not appropriately compensate
the worker for the injury. In these exceptional cases, the Board has the
discretion to assess a worker’s entitlement to permanent partial disability benefits

R.S.B.C. 2019, c. 1.
#39.00 SECTION 195(1) ASSESSMENT

Compensation for Worker Disability – is subject to sections 230, 231, 232, and
233.

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Section 195(1) of the Act provides, in part:
Subject to section 196, if a permanent partial disability results from a

worker’s injury, the Board must
(a) estimate the impairment of the worker’s earning capacity from the
nature and degree of the injury, and
(b) pay the worker compensation that is a periodic payment of an

amount that equals 90% of the Board’s estimate of the worker’s
loss of average net earnings resulting from the impairment.
...
(Emphasis added.)
In all cases where a permanent partial disability results from a worker’s injury, the
Board must assess the worker’s entitlement to permanent partial disability
benefits under section 195(1) of the Act. Section 195(1) is a mandatory
legislative provision which sets out the rule the Board follows in determining a
worker’s impairment of earnings capacity resulting from a work injury.
The percentage of disability determined for the worker’s condition under

section 195(1)(a), reflects the extent to which a particular injury is likely to impair
a worker’s ability to earn in the future.
Permanent partial disability benefits calculated under section 195(1) also reflect
such factors as:
• short term fluctuations in the compensable condition;

• reduced prospects of promotion;
• restrictions in future employment;
• reduced capacity to compete in the labour market; and
• variations in the labour market.
In assessing a worker’s entitlement to permanent partial disability benefits under

section 195(1), the Board may make reference to section 195(3) of the Act.
The Board may compile a rating schedule of percentages of

impairment of earning capacity for specified injuries or mutilations
that may be used as a guide in determining the compensation
payable in permanent partial disability cases.
Once the percentage of disability is determined, it is applied to the worker’s long

term average net earnings, and the permanent partial disability benefits are 90%
of the amount so determined. The permanent partial disability benefits are

6-8
granted following the determination of a worker’s entitlement under
Under the section 195(1) method of permanent partial disability assessment, a

worker’s percentage of disability is expressed as a percentage of total disability,
with one hundred percent (100%) being the maximum possible rating for a totally
disabled worker. A worker’s percentage of permanent partial disability is based
on the whole person. A worker, therefore, cannot be more than 100% disabled
as a result of a work injury or combination of injuries.
HISTORY: September 1, 2020 – Housekeeping change was made to
correct a grammatical error.
R.S.B.C. 2019, c. 1.
#39.01 Decision-Making Procedure under Section 195(1)

Section 195(1) assessments are undertaken once a worker reaches medical
plateau.
The Board is responsible for ensuring that the necessary examinations and other
investigations are carried out with respect to the assessment and making a
decision on a worker’s entitlement to permanent partial disability benefits.
Section 195(1) evaluations may be conducted by the Board or a Board-

authorized External Service Provider. The Board sets protocols and procedures
for these evaluations. The Board determines whether the evaluation will be
referred to an External Service Provider based on the nature of the condition and
other relevant criteria as set out in the protocols. The Board may determine the
worker’s section 195(1) entitlement without a medical examination, if there is
sufficient medical information on file to complete the assessment.
The determination of whether there is a permanent psychological impairment,

and the severity of the impairment for a section 195(1) evaluation, is made by
either the Board or a Board-authorized External Service Provider. Once this
evaluation is completed, the claim is referred to the Psychological Disability
Committee to assess the percentage of disability resulting from the permanent
psychological impairment.
The Board assesses the worker’s percentage of disability for physical impairment
and, in conjunction with the Psychological Disability Committee’s percentage of
psychological disability, determines the worker’s permanent disability benefits
under the section 195(1) method.
R.S.B.C. 2019, c. 1.

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June 1, 2009 – Removed references to Board officer,
Rehabilitation and Compensation Services Division, Disability
Awards Medical Advisor and Board authorized External Service
Provider.
August 1, 2003 – housekeeping changes.
#39.02 Chronic Pain

This policy sets out guidelines for the assessment of section 195(1) permanent
disability benefits for workers who experience disproportionate disabling chronic
pain as a compensable consequence of a physical or psychological work injury.
1. Definitions:
Chronic pain is defined as pain that persists six months after an injury and
beyond the usual recovery time of a comparable injury.
The Board distinguishes between two types of chronic pain symptoms:
Specific chronic pain - pain with clear medical causation or reason, such
as pain that is associated with a permanent partial or total physical or
psychological disability.
Non-specific chronic pain - pain that exists without clear medical causation
or reason. Non-specific pain is pain that continues following the recovery
of a work injury.
2. Multidisciplinary Assessment:
If a worker has been referred for a permanent partial disability assessment under
section 195(1) for chronic pain, the Board may refer the worker for a
multidisciplinary assessment. (See Item C3-22.20.)
A multidisciplinary assessment may involve consideration of the worker’s medical

history, health status, the impact of the pain on the worker’s physical functioning,
psychological state, behaviour, ability to perform the pre-injury occupation and
ability to perform activities of daily living. (See Item C3-22.20.)
Based on the various assessments, the evaluation will provide the Board with
information on whether the worker is experiencing persistent chronic pain as a
result of a work injury or disease and the extent of the chronic pain. The
evaluation will also provide information on the consistency of the worker’s pain
presentations.

6 - 10
3. Evidence Considered in a Chronic Pain Section 195(1) Assessment:
In making a determination under section 195(1), the Board will enquire carefully
into all of the circumstances of a worker’s chronic pain resulting from a
compensable injury or disease.
The evidence that the Board may consider in a section 195(1) assessment for
chronic pain includes the following:
i) The findings of any multidisciplinary assessments.
ii) Information provided by the worker’s attending physician as well as

any other relevant medical information on the claim.
iii) The worker’s own statements regarding the nature and extent of the
pain.
iv) The worker’s conduct and activities and whether they are consistent
with the pain complaints.
v) In cases of specific chronic pain, the Board will consider the extent of
the associated physical or psychological permanent impairment and
whether the specific chronic pain is in keeping with the particular
permanent impairment.
The evidence that is relied upon to support the assessment of section 195(1)
permanent disability benefits must be fully documented.
4. Entitlement to Permanent Disability Benefits under a Section 195(1)

Assessment:
Entitlement to permanent disability benefits under section 195(1) for chronic pain
may only be considered after all appropriate medical treatment and rehabilitation
interventions have been concluded.
(a) Specific Chronic Pain – Consistent with the Impairment
If a worker has specific chronic pain that is consistent with the associated
compensable physical or psychological permanent impairment, the
section 195(1) permanent disability benefits will be considered to appropriately
compensate the worker for the impact of the chronic pain. Pain is considered to
be consistent with the associated compensable impairment where the pain is
limited to the area of the impairment, or medical evidence indicates that the pain
is an anticipated consequence of the physical or psychological impairment. In
these cases, additional permanent disability benefits for the specific chronic pain
will not be provided, as it would result in the worker being compensated twice for
the impact of the pain.

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(b) Specific and Non-Specific Chronic Pain – Disproportionate to the
Impairment
A worker’s entitlement to permanent disability benefits paid under section 195(1)

for chronic pain will be considered in the following cases:
i) If a worker experiences specific chronic pain that is disproportionate to

the associated objective physical or psychological impairment.
Pain is considered to be disproportionate if it is generalized rather than

limited to the area of the impairment, or the extent of the pain is greater
than that expected from the impairment.
In these cases, permanent disability benefits for chronic pain under

section 195(1) may be considered in addition to the permanent
disability benefits paid for objective permanent impairment.
ii) If a worker experiences disproportionate non-specific chronic pain as a

compensable consequence of a work injury or disease.
Disproportionate pain, for the purposes of non-specific chronic pain, is pain that
is significantly greater than what would be reasonably expected given the type
and nature of injury or disease.
If the Board determines that a worker is entitled to permanent disability benefits

for chronic pain under section 195(1) in the above noted situations, permanent
disability benefits equal to 2.5% of total disability will be provided to the worker.
CROSS REFERENCES: Item C3-22.20, Compensable Consequences – Pain and Chronic
Pain;
Policy item #39.01, Decision-Making Procedure under
Section 195(1), of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
January 1, 2003 – Amended to set out guidelines for the
assessment of then section 23(1) awards for workers who
experience disproportionate disabling chronic pain as a
compensable consequence of a physical or psychological work
injury. Amendments applied to new claims received and all
active claims that were awaiting an initial adjudication on or after
January 1, 2003.

6 - 12
#39.10 Permanent Disability Evaluation Schedule
Section 195(1) permanent disability benefits may be made with reference to the
Permanent Disability Evaluation Schedule (“Schedule”), which is set out in
Appendix 3. This is a rating schedule of percentages of disability for specific
injuries or mutilations created under section 195(3).
The Schedule is a set of guide-rules, not a set of fixed rules. The Board is free to
apply other variables in arriving at a final rating; but the “other variables” referred
to means other variables relating to the degree of physical or psychological
impairment, not other variables relating to social or economic factors, nor rules
(including schedules and guide-rules) established in other jurisdictions. In
particular, the actual or projected loss of earnings of a worker because of the
disability is not a variable which can be considered. The Board’s discretion to
consider other variables is generally applied to address new and emerging
conditions that are not already covered in the Schedule.
In cases where the specific impairment is not covered by the Schedule, but the
part of the body in question is covered, the Board must first determine the
percentage of loss of function in the damaged area. This determination is based
on the findings of the section 195(1) evaluation and other medical and non-
medical evidence available. The final rating is arrived at by taking this
percentage of the percentage allocated in the Schedule to the disabled part of
the body. Because the Schedule is used in the calculation, this type of
permanent disability benefit is still considered as a Scheduled one. For example,
the amputation of an arm down to the proximal third of the humerus or its
disarticulation at the shoulder is given a 70% of total disability rating in the
Schedule. Suppose a worker has a severe crush injury to the arm which
culminates in a permanent loss of half its function. The final outcome would be
50% of 70%, i.e. a 35% of total disability rating.
CROSS REFERENCES: Appendix 3, Permanent Disability Evaluation Schedule, of the
HISTORY: September 1, 2020 – Housekeeping change to add the title of
Appendix 3 to the Cross Reference section.
R.S.B.C. 2019, c. 1.
arising from changes to the Permanent Disability Evaluation
Schedule.
August 1, 2003 – Deletion of statements regarding revisions to
the Schedule and housekeeping changes.

6 - 13
#39.20 Non-Scheduled Rating for Permanent Disability
Benefits
Any permanent disability benefits under section 195 where the Schedule is not
directly or indirectly used in the assessment are non-Scheduled permanent
disability benefits. This covers impairments in all parts of the body not listed in
the Schedule. Disabilities resulting from multiple injuries or occupational
diseases may also involve non-Scheduled permanent disability ratings. The
rules governing respiratory and skin diseases are set out in the policy of
Item C4-29.00 and Section A. of Item C4-32.00 respectively.
In the case of permanent disability benefits for non-Scheduled permanent

disability ratings, judgment is used to arrive at a percentage of disability
appropriate to the particular worker’s impairment. Regard will be had to, among
other things, the section 195(1)(a) evaluation, the circumstances of the worker,
medical opinions of Board or non-Board doctors, and to schedules used in other
jurisdictions.
Neither the age adaptability or enhancement factors nor devaluation are formally
applied in respect of non-Scheduled ratings for permanent disability benefits.
However, in making a judgment as to the correct percentage of disability, the
Board will have regard to the age of the worker, to existing disabilities in other
parts of the worker’s body, or to the combined effect of more than one disability
in the same part of the body.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officer.
August 1, 2003 – housekeeping changes.
#39.30 Minimum Amount of Compensation for Permanent

Partial Disability under Section 195
Section 195(2) provides that the minimum compensation to be paid for
permanent partial disabilities is calculated in the same manner as for temporary
total disability but only to the extent of the permanent partial disability (see policy
item #34.20). Thus, for example, if a worker is injured on January 2, 1986,
resulting in a residual disability assessed at 10% of total disability, the minimum
compensation will be the lesser of 10% of $197.25 or 10% of the worker’s
average earnings prior to the injury.
The statutory minimum for permanent total disability under section 194 does not
apply to permanent partial disability simply because a worker is found to be
totally unemployable under section 196. (See policy item #37.21.)

6 - 14
CROSS REFERENCES: Policy item #34.20, Minimum Amount of Compensation for
Temporary Total Disability;
Policy item #37.21, Statutory Minimum Application;
Policy item #40.00, Section 196 Assessment, of the
R.S.B.C. 2019, c. 1.
#39.31 Injury Prior to January 1, 1965

Permanent partial disability benefits provided for injuries that occurred before
January 1, 1965 are recalculated in accordance with the then minimum for
permanent total disability but to the extent only of the partial disability. This
minimum was an amount equal to $30.00 per week ($130.00 per month), unless
the worker’s average earnings were less, in which case compensation is paid in
an amount equal to the average earnings.
Any increase resulting from the above provisions does not apply to commuted
permanent disability benefits or the commuted portion of a worker’s permanent
In considering whether the worker’s earnings are less than the minimum, only the
worker’s actual earnings are relevant.
R.S.B.C. 2019, c. 1.
#40.00 SECTION 196(3) ASSESSMENT

Compensation for Worker Disability − is subject to sections 230, 231, 232, and
233.
(1) This section applies in relation to a permanent partial disability if the

Board determines that the combined effect of
(a) the worker’s occupation at the time of the injury, and
(b) the worker’s disability resulting from the injury
is so exceptional that an amount determined under section 195

does not appropriately compensate the worker for the injury.
(2) In making a determination under subsection (1), the Board must

consider the ability of the worker to continue in the worker’s

6 - 15
occupation at the time of the injury or to adapt to another suitable
occupation.
(3) If the Board makes a determination under subsection (1), the Board
may pay the worker compensation that is a periodic payment of an
amount that equals 90% of the difference between
(a) the average net earnings of the worker before the injury, and


after the injury;
after the injury.
Section 196(3) is a discretionary provision that establishes rules for

compensating a worker for a permanent partial disability in exceptional
circumstances. Section 196(3) is only applied where the test set out under
section 196(1) is met.
Section 196(1) requires that the Board determine whether the combined effect of
a worker’s occupation at the time of the injury and a worker’s disability resulting
from the injury is so exceptional that an amount determined under section 195(1)
For the purposes of this determination, the Board must consider the combined
effect of a worker’s occupation at the time of injury and the resulting disability.
While a worker may experience a loss of earnings as a result of a work injury,
that fact alone is not sufficient to meet the test set out under section 196(1).
In all cases, the Board must determine if, following recovery from a work injury, a
worker is either able to continue in the occupation at the time of the injury or to
adapt to another suitable occupation. This determination includes consideration
of both the worker’s transferable skills and the worker’s post-injury functional
abilities. In the vast majority of cases a worker’s entitlement to permanent partial
disability benefits is determined under section 195(1), and this estimate of
impairment of earning capacity is considered to be appropriate compensation.
However, in exceptional cases, the amount determined under section 195(1) may
not appropriately compensate a worker. In these cases, the disability resulting
from the work injury makes it unlikely that a worker can continue in the
occupation at the time of the injury or adapt to another suitable occupation,
without incurring a significant loss of earnings.

6 - 16
For the purposes of this policy, a significant loss of earnings means the Board
may conclude in these exceptional cases, that the loss of earnings a worker will
experience as a result of the combined effect of the worker’s occupation at the
time of the injury and the worker’s disability resulting from the injury could not
have been anticipated under the section 195(1) method of estimating a worker’s
long term loss of earning capacity.
In determining whether a worker is experiencing a significant loss of earnings,

the Board takes into consideration the difference between the worker’s pre-injury
earnings and the combined total of the worker’s post-injury earnings and the
amount determined under the section 195(1) method of assessment.
An example of when the combined effect may be considered so exceptional is

one where a work injury results in a significant disability of two digits on the
dominant hand of a worker whose occupation requires fine motor skills. As a
result of the disability, the worker is no longer able to perform fine motor skills,
and consequently, is unable to continue in the pre-injury occupation without
incurring a significant loss of earnings. In addition, due to the disability, the
worker is unable to adapt to another suitable occupation without incurring a
significant loss of earnings.
As a result, the amount of compensation determined under section 195(1) may

not be considered to appropriately compensate the worker for the impact of the
combined effect, and the worker therefore may be eligible to be considered for
compensation under section 196(3).
R.S.B.C. 2019, c. 1.
APPLICATION: Applies to all decisions, including appellate decisions, made on
#40.01 Decision-Making Procedure under Section 196(3)

Section 196(3) assessments are undertaken if a permanent partial disability
results from a worker’s injury, and the Board makes a determination under
section 196(1) with respect to the worker.
The Loss of Earnings Committee is ultimately responsible for the conclusion on

permanent partial disability benefits assessed under section 196(3) of the Act.
The Board conducts the necessary investigations and makes a specific
recommendation to the Committee regarding a worker’s eligibility for a
section 196(3) assessment and, in cases where an assessment is undertaken,
the worker’s entitlement to permanent partial disability benefits.
It is the function of the Committee, following any further investigation it considers

necessary, to agree or disagree with the recommendation. If the Committee

6 - 17
agrees, the initial recommendation will be implemented. If the Committee
disagrees with the recommendation, it will either implement its findings or direct
further investigation.
The rules of evidence followed by the Board and the Loss of Earnings Committee
are discussed in policy item #97.40.
A review by the Review Division may be requested regarding a worker’s

section 196 entitlement.
CROSS REFERENCES: Policy item #97.40, Permanent Disability Benefits, of the
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officer, Medical
Services and the former Disability Awards Committee.
March 3, 2003 – Inclusion of reference to review.
#40.10 Section 196(3) Assessment Formula

An assessment is undertaken in exceptional cases where the Board determines
that a worker is eligible for an assessment under section 196(3) of the Act. The
following guidelines apply in considering a worker under section 196(3):
1. Long term average net earnings that the worker is earning after the
injury will be determined in accordance with established policies in
Chapter 9.
2. In considering the amount that better represents the worker’s loss

of earnings after the injury, the Board will compare the average net
earnings that the worker is actually earning after the injury, with the
average net earnings the Board estimates the worker is capable of
earning in a suitable occupation after the injury. This comparison
requires an employability assessment.
3. In estimating what a worker is capable of earning after the injury,

the Board gives regard to the evidence, including the medical
evidence, of the limitations imposed by the compensable disability
and the fitness of the worker for different occupations. The Board
also gives regard to the evidence about the suitability of the worker
for occupations that could reasonably become available. Following
these considerations, the Board will arrive at a conclusion about
suitable occupations that the worker could be expected to
undertake over the long-term future.

6 - 18
4. Average net earnings that maximize the worker’s long-term
potential up to the worker’s pre-injury wage rate, will be selected
from the occupations that are suitable and reasonably available
over the long-term. Earnings in those occupations will be
determined as at the time of the injury.
5. The possible section 196 compensation amount will then be 90% of

the average net amount by which the earnings level thus
established is less than the average net earnings prior to the injury.
6. Any increase that may be due to the worker because of a cost of

living adjustment will then be added.
7. Since the assessment under section 196(3) aims to predict the

worker’s actual loss of earnings over the future, no section 196
compensation can be paid when the worker is unemployed for
reasons unrelated to the injury and it is determined that there will
not be a potential loss of earnings.
These guidelines are discussed further in policy items #40.12 to #40.14.

CROSS REFERENCES: Policy item #40.12, Suitable Occupation;
Policy item #40.13, Measurement of Earnings Loss;
Policy item #40.14, Provision of Employability Assessments;
Chapter 9, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
November 1, 2002 – Amendments included the requirement of
an employability assessment, and the limitation of “up to the
worker’s pre-injury wage rate”.
#40.12 Suitable Occupation

An occupation differs from a “job”, which is defined as a specific position with a
particular employer. Occupation is a collection of jobs or employments that are
characterized by a similarity of skills.
In estimating what a worker is capable of earning in a suitable occupation after

the injury, the Board considers the evidence, including the medical evidence of
the limitations imposed by the compensable disability, and the ability of the
worker to perform different occupations. Consideration is also given to the
suitability of the worker for occupations that could reasonably become available
over the long run that will maximize the worker’s long-term earnings potential, up
to the pre-injury wage rate. In most cases, “long-term” refers to three to five
years.

6 - 19
The Board assesses the worker’s earning potential in light of transferable skills
and all possible rehabilitation measures that may be of assistance, including the
possibility of retraining or other measures that may be appropriate to the worker.
The guidelines set out below are followed in determining suitable and reasonably
available occupations for a worker:
• If the worker has made all reasonable efforts to maximize the worker’s
earnings, the job that the worker has actually obtained is generally
accepted as being suitable, unless there is evidence that the job is
transitory and jobs at another level of earnings within that occupation
will be available to the worker in the near future.
• The occupation must, in practice, be reasonably available. The Board

will, generally, only have regard to higher paying occupations which a
person in the worker’s present job would ordinarily be expected to
obtain. It would not be fair to assume that a worker will receive all
possible promotions that might theoretically be made available.
• The worker has the skills, education and functional abilities that the
occupation requires.
• A reasonably available occupation must be one that the worker is

medically fit to undertake, and that does not endanger the worker’s
recovery or the health and safety of the worker and/or others.
• If a suitable occupation is reasonably available over the long term, it is

taken into consideration even though it is not reasonably available at
the time of assessment because of general economic conditions.
• In deciding whether it is reasonable for a worker to refuse a job,

consideration should be given to the long term as well as the
immediate job. If jobs in an occupation are subject to fluctuations in
the economy but a lower-paying job in another suitable occupation
appears more stable in the long run, then the other job may be
considered the best-paying job in the long run.
• A reasonably available job is usually within a reasonable commuting

distance of the worker’s home. (See policy in Item C11-88.90.)
• If the worker declines the best-paying reasonably available job

because of a personal preference for a lower-paying job or for an
alternative life-style, the wage rate in the best-paying reasonably
available job will be used in the formula.
CROSS REFERENCES: Item C11-88.90, Relocation, of the Rehabilitation Services &

6 - 20
R.S.B.C. 2019, c. 1.
November 1, 2002 – Policy substantially revised. Clarified
guidelines to be followed in determining suitable and reasonably
available occupations for a worker.
#40.13 Measurement of Earnings Loss

Subsections 196(3)(a) and (b) set out the process for determining a worker’s
entitlement to permanent partial disability benefits under this method. These
subsections provide that the Board may pay a worker compensation that is a
periodic payment of an amount that equals 90% of the difference between the
average net earnings of the worker before the injury, and either the average net
earnings that the worker is earning, or that the Board estimates the worker is
capable of earning, after the injury.
The latter figures are obtained by ascertaining the earnings in the occupations
which have been found to be suitable and reasonably available according to the
criteria set out in policy item #40.12 and determining the earnings figure which
will maximize the worker’s long-term earnings potential.
A worker’s post-injury wage loss will be based on estimated earnings rather than on
actual earnings in the following cases:
• The worker is employable but does not have a job; or
• The worker has a job but is not maximizing earning capacity up to the
pre-injury rate; or
• The worker has, for personal reasons, withdrawn from the workforce; or
• The worker fails to co-operate with the rehabilitation process.
The intention of the Act is to protect workers’ earnings only up to the maximum
wage rate. This is shown by section 208(2), which results in payments for total
disability being limited to 90% of the maximum and by section 200, which
ensures that, where a worker is already receiving payments for a disability,
additional payments can be made for any further disability only to the extent that
they do not take the total payments above the maximum. No permanent
disability benefits can be paid under section 196(3) where, following the injury,
the worker is earning or is able to earn at or above the maximum wage rate. If a
worker was earning at or above the maximum prior to the injury and it is
projected that because of the injury, earnings will be less than the maximum,
permanent disability benefits based on a projected loss of earnings can be paid
but only to the extent of the difference between the maximum and the projected
earnings.

6 - 21
Although assessment of permanent partial disability benefits will often be made
some time after the original injury, it would not be fair to compare directly the
actual pre-injury average earnings with the earnings the worker might now earn
in the occupations available. The effect of inflation upon earnings levels would
mean that the real loss would not be properly determined in that way.
The practice of the Board is to use the earnings in the occupations after the
injury, as they stood at the date of the injury, where these are available and are a
reliable and accurate reflection of the worker’s post-injury earning capacity. For
example, the Board may use actual earnings in post-injury occupations where
earnings are the provincial minimum wage.
When earnings in occupations at the time of the injury are not available or are not
a reliable and accurate reflection of the worker’s post-injury earning capacity, the
Board will use current earnings in the occupations available after the injury, and
adjust them back to the date of injury by the wage inflation adjustment factors
applicable in those years. The wage inflation adjustment factor effective for a
given year is the percentage change in that year’s maximum wage rate from the
year prior, but not less than zero.
When calculating a worker’s average net earnings for the purposes of the
section 196(3) assessment, the Board will also consider the formulas used to
determine the CPP contributions, EI premiums and income taxes applicable to
the level of average earnings. The formulas used are those in effect on the
earlier of the first day after the date wage-loss benefits have been payable to the
worker for a cumulative period of 10 weeks; or on the effective date of a worker’s
permanent disability benefits.
CROSS REFERENCES: Policy item #40.12, Suitable Occupation, of the Rehabilitation
R.S.B.C. 2019, c. 1.
April 1, 2018 − Policy revised to clarify when earnings are
adjusted for inflation and to revise the factor used to account for
inflation. Under this approach, the factor would be determined
using the process for changing the maximum wage rate as set
out in then subsections 33(7) – (10) (now sections 209 and 227)
of the Act.
APPLICATION: Applies to all decisions made on or after April 1, 2018, including
appellate decisions.
#40.14 Provision of Employability Assessments

Workers are provided with a copy of a completed employability assessment
before a decision is made on entitlement to permanent disability benefits under
section 196(3). They have 30 days in which to provide a written submission. All
such submissions received within this time frame will be considered before the

6 - 22
final decision is made. Workers are also advised that, at their request, a copy
will be made available to their treating physicians. If the details of the
employability assessment and its impact on the permanent disability benefits
under section 196(3) are known and agreed to, the 30-day waiting period may be
waived.
R.S.B.C. 2019, c. 1.
#40.32 Worsening or Improvement of Disability

If the disability on which the permanent disability benefits are based worsens, the
extent of the disability is reassessed and a new amount is established based on
the reassessment. Conversely, if a worker should unexpectedly recover from a
disability classified as permanent, the permanent disability benefits would be
subject to termination or downward adjustment.
R.S.B.C. 2019, c. 1.
#41.00 DURATION OF PERMANENT DISABILITY PERIODIC

PAYMENTS
Subject to subsection (2), periodic payment of compensation under this Division

[Division 6 of Part 4 of the Act – Compensation for Worker Disability] may be paid
to an injured worker only as follows:
(a) if the worker is under 63 years of age on the date of the injury, until
the later of the following:
(ii) if the Board is satisfied the worker would retire after reaching
65 years of age, the date the worker would retire, as
determined by the Board;
(b) if the worker is 63 years of age or older on the date of the injury,
until the later of the following:
(ii) if the Board is satisfied that the worker would retire after the
date referred to in subparagraph (i), the date the worker
would retire, as determined by the Board.

6 - 23
For the purpose of permanent disabilities, section 201(1) of the Act provides for
the payment of permanent disability benefits until a worker reaches 65 years of
age.
If the Board is satisfied a worker would retire after reaching 65 years of age,
section 201(1) permits the Board to continue to pay permanent disability benefits
to the age the worker would retire after the age of 65 if the worker had not been
injured.
For the purpose of this policy, a worker is generally considered to be retired

when the worker substantially withdraws from the workforce and receives
retirement income from one or more retirement-like sources (eg., CPP, OAS,
employer pension plan, RRSP or other personal savings).
When determining whether a worker would retire after age 65, the circumstances
under consideration are those of the individual worker as they existed at the time
of the injury.
As age 65 is the established retirement age under the Act, to continue to pay
benefits after the age of 65, the evidence must support a finding that the worker
would work past age 65. Evidence is also required so that the Board can
establish the worker’s new retirement date for the purposes of concluding
permanent disability benefits payments. The standard of proof under
section 339(3) of the Act is “at least as likely as not” as described in policy
item #97.00.
The issue for the Board to determine is whether it is “at least as likely as not” that
the worker would have retired after age 65. The Board considers the worker’s
statement of intention to retire after age 65, but must determine whether it is “at
least as likely as not” that the worker would actually have retired later than
age 65.
Examples of the kinds of evidence that may support a finding that a worker would
retire after reaching 65 years of age and to establish the date of retirement,
include the following:
• names of the employer or employers the worker intended to work for

after age 65, a description of the type of employment the worker was
going to perform, the expected duration of employment, and
information from the identified employer or employers to confirm that
the employer(s) intended to employ the worker after the worker
reached age 65 and that employment was available;
• a statement from a bank or financial institution outlining a financial plan
and post-age 65 retirement date, established prior to the date of the
injury; and

6 - 24
• an accountant’s statement verifying a long-term business plan (for self-
employed workers) established prior to the date of the injury, indicating
continuation of work beyond age 65.
Where the above type of evidence is available, this would be evidence in support
of a determination that a worker would have worked until after age 65.
The following are examples of other kinds of evidence that alone may not support
a finding that a worker would retire after reaching 65 years of age:
• information provided from the worker’s pre-injury employer, union or

professional association regarding the normal retirement age for
workers in the same pre-injury occupation and whether there are
incentive plans for workers working beyond age 65;
• information from the pre-injury employer about whether the worker was
covered under a pension plan provided by the employer, and the terms
of that plan;
• information from the pre-injury employer or union on whether there was

a collective agreement in place setting out the normal retirement age;
• information regarding whether the worker would have the physical

capacity to perform the work;
• financial obligations of the worker, such as a mortgage or other debts;
• family commitments of the worker; and
• an outstanding lease on a commercial vehicle (for self-employed

workers).
These are not conclusive lists of the types of evidence that may be considered.
The Board will consider any other relevant information in determining whether a
worker would have worked past age 65 and at what date the worker would have
retired.
Generally the decision as to a worker’s retirement date is made as part of the

determination of a worker’s entitlement to permanent disability benefits.
In some circumstances, the decision as to a worker’s retirement date may be

made prior to the determination of a worker’s entitlement to permanent disability
benefits. For example, when a worker’s retirement date impacts a worker’s
entitlement to wage-loss benefits or vocational rehabilitation benefits.
In these cases, the retirement date on the wage-loss benefits or vocational

rehabilitation benefits will also apply to the resulting permanent disability benefits,
if granted.

6 - 25
If the Board is satisfied that a worker would have continued to work past age 65 if
the injury had not occurred, permanent disability periodic payments may continue
past that age until the date the Board has established as the worker’s retirement
date. At the worker’s age of retirement, as determined by the Board, periodic
payments will conclude even if the worker’s permanent disability remains.
In situations where a worker in receipt of permanent disability periodic payments

dies from causes unrelated to the disability, the periodic payments will continue
for the full month in which the death occurred. The effect of this policy will be
that no overpayments will be considered to have arisen for the period from the
date of the worker’s death up to the end of the month covered by the last periodic
payment.
If the worker dies prior to the commencement of payments for the permanent
disability benefits, the compensation is calculated and paid to the date of death.
The situation where such a worker would have received the permanent disability
benefit as a lump sum payment is dealt with in policy item #45.00.
EFFECTIVE DATE: September 1, 2020
CROSS REFERENCES: Policy item #48.44, Deduction of Overpayments from Permanent
Disability Benefits;
Policy item #45.00, Lump Sums and Commutations, of the
HISTORY: September 1, 2020 − Policy amended to clarify examples of
evidence are parallel in policy item #41.00 and policy
item #35.30 of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance on legal
APPLICATION: Applies to all decisions made on or after September 1, 2020.
#42.00 PAYMENT OF PERMANENT DISABILITY BENEFITS

Although section 190 of the Act provides that all compensation for worker
disability is subject to sections 230, 231, 232, and 233, permanent disability
benefits under sections 194, 195 and 196 is normally payable monthly until the
worker reaches retirement age as determined by the Board. However, some
payments are made as lump sums. The cheques are mailed to the worker’s
home address or, if the worker elects, directly to the worker’s bank by electronic
direct bank deposit.
When a payment to a worker has been lost or stolen or otherwise not received or
cashed by the worker, the worker may request a reissue of payment, but the
Board will require a written and signed declaration of this from the worker before
a reissue will take place.

6 - 26
R.S.B.C. 2019, c. 1.
#42.10 Commencement of Periodic Payments

The general rule is that the permanent disability periodic payments commence at
the date when the worker’s temporary disability ceased and the worker’s
condition stabilized or was first considered to be permanent.
If a worker has been paid any wage-loss benefits under section 191 or 192 of the
Act, the permanent disability periodic payments will take effect from the date
following the termination of these wage-loss benefits. For the majority of cases,
this will adequately reflect the financial impact of the disability on the worker’s
earnings.
There may, however, be the unusual situation where a worker has or could have
returned to a significant level of employment with a minimal loss of income.
Temporary partial disability wage-loss benefits under section 192 would be 90%
of the worker’s average net earnings in this employment. Should the worker’s
permanent disability benefits eventually be assessed at a higher rate than the
rate paid for temporary wage-loss benefits under section 192, it would appear
that the worker may have been inadequately compensated. The Act, however,
precludes the payment of both temporary and permanent disability compensation
for the same condition at the same time.
A problem of permanent disability benefits retroactivity also occurs when,

although the worker had a temporary partial disability, the worker had or could
have returned to full employment and has not, therefore, actually been paid any
wage-loss benefits under section 192. As previously stated, the Act requires that
the Board recognize a disability as either temporary or permanent, but not both
concurrently. When carrying out the final permanent disability assessment, the
Board will have the benefit of the earlier examination, or at least some other
documentary evidence on file, on which the decision was made to delay
permanent disability compensation. If the findings on the latter examination are
the same as the initial findings, or only show a minimal degree of change, it is
reasonable to consider the condition as having plateaued from the date of the
first examination. In that event, the date of the first examination should be the
starting date of the permanent disability periodic payments. If, on the other hand,
the latest examination shows a measurable and significant change since the first
examination, the worker will be considered as having been, in the interim,
temporarily disabled. In that event, the date of the last examination will be the
starting date of the periodic payments for permanent disability benefits.
If there was no examination by either a Board Medical Advisor or an External

Service Provider when wage-loss benefits were terminated under section 192,
and there is no other measurable data on file with which to make a comparison

6 - 27
with the final assessment of the Board, the permanent disability benefits will be
backdated to the date wage-loss benefits were terminated under section 192.
R.S.B.C. 2019, c. 1.
#42.12 Retroactive Permanent Disability Benefits

If permanent disability benefits are granted retroactively, the payments due prior
to the date of the first periodic payment will be paid in the form of a lump sum.
In calculating that sum, entitlement in respect of a portion of a month is

determined by reference to the actual calendar days in a particular month. For
example, if a worker is entitled to permanent disability benefits calculated at
$1,000 per month, for the period March 17 to 31 (15 calendar days), the
calculation is as follows:
$1,000 x 15 days = $483.87

31 days
A reduction in the lump sum is made in respect of periods of time during the
period following the commencement of the permanent disability benefits when
the worker received wage-loss benefits under section 191 or 192 or vocational
rehabilitation benefits under section 155. However, no such reduction is made
when the permanent disability benefits are granted in the form of a lump sum and
the monthly equivalent is less than $20.00 per month at the time of the
commutation.
The payment of interest on the lump sum is dealt with in policy item #50.00.
R.S.B.C. 2019, c. 1.
#42.20 Permanent Disability Benefit Adjustments

If permanent disability benefits to a worker or a dependant are paid or increased
on the basis of a Review Division decision, and the finding is later reversed by
the Workers’ Compensation Appeal Tribunal, the permanent disability payments
are terminated or adjusted as of the date of the Workers’ Compensation Appeal
Tribunal decision. In such cases, the capitalization is adjusted by the reversal of
an amount equivalent to the unused portion of the capitalization or, in the case of
a modification, the adjustment applies to the amount of the capitalization affected
by the modification. The policy regarding relief of costs to employers in such
circumstances is detailed in policy item #113.10.

6 - 28
CROSS REFERENCES: Policy item #113.10, Investigation Costs, of the Rehabilitation
R.S.B.C. 2019, c. 1.
March 3, 2003 – Amended regarding references to Review
Division and Workers’ Compensation Appeal Tribunal.
#43.00 DISFIGUREMENT
Section 190 of the Act provides that all compensation for worker disability is
subject to sections 230, 231, 232, and 233.
If a worker experiences a serious and permanent disfigurement that the

Board considers capable of impairing the worker’s earning capacity, the
Board may pay a lump sum in compensation and may do so even if the
amount the worker was earning before the injury has not been reduced.
R.S.B.C. 2019, c. 1.
#43.10 Requirements for Disfigurement Compensation

Section 199 establishes the following requirements:
1. The disfigurement must be “permanent”. A temporary

disfigurement is not sufficient.
2. The disfigurement must be “serious”. No permanent disfigurement

compensation will be made if the disfigurement is minimal.
3. The disfigurement must be one that the Board considers capable of

impairing the worker’s earning capacity. This is normally assumed
in cases of the head, neck and hands. In other cases, a decision
must be made which considers the age and occupation of the
worker, the visibility and extent of the disfigurement and any other
relevant circumstances. Since section 199 states that the amount
the worker is currently earning does not have to be reduced, this
requirement is concerned with the worker’s long-term earning
capacity.
If there is disfigurement as well as a permanent disability, the worker may receive

compensation for both. Subject to the Board applying section 230(2) of the Act
(see policy item #45.00), the compensation for the permanent disability is a
May 2020 Volume II

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periodic payment, and the compensation for disfigurement a lump sum. These
amounts must be assessed separately.
Disfigurement is concerned with the appearance of the body, not loss of bodily
function. Therefore, compensation for a loss of skin function, for example,
soreness or itchiness or unusual sensitivity to light, heat or humidity, will be
considered as a permanent disability rather than a disfigurement. The granting
of permanent disability benefits will depend on the normal criteria for assessing
permanent disability.
The ultimate aim of disfigurement compensation and permanent disability

benefits is to pay for loss of earning capacity. The worker should not receive
double compensation for the same loss. Compensation under section 199 is not
granted for something which is directly covered by permanent disability benefits,
for example, the deformity caused by the normal appearance of an amputated
limb. Disfigurement compensation may be considered, where the appearance of
an impairment for which permanent partial disability benefits have been granted,
is disfiguring to an exceptional degree.
If the worker receives permanent disability benefits of 100% under

section 195(1), or for total unemployability under section 196(3), there is no
additional loss of earning capacity which can form the basis for disfigurement
compensation under section 199.
If psychological disability results from disfigurement, consideration will be given

to permanent disability benefits under section 195(1) or section 196(3) following
the normal practices for such compensation (see Item C3-22.30).
R.S.B.C. 2019, c. 1.
#43.20 Amount of Disfigurement Compensation

In calculating the amount of compensation to pay for disfigurement, the
guidelines set out below apply:
1. Points are assigned to each of five factors assessed individually

according to the table set out below. The assessment will normally
be based on photographs of the worker but there may also be a
visual examination of the worker in exceptional cases. The Board
will give reasons for the points assigned to each factor.

6 - 30
POINTS/FACTORS 0–24 POINTS 25–49 POINTS 50–74 POINTS 75–99 POINTS
Surface area of part of Less than 25% 25%–49% 50%–74% 75% or more
body
(see guideline 3)
Texture and Mild alteration of Moderate Major thickening. Severe.

thickening. texture. thickening.
keloid scarring Slight wrinkly, Moderate Major hardening. Severe.

hardening. furrows or marks. hardening.
Moderate dryness Major dryness or
Mild dryness or or scaling. scaling. Frequent
scaling. Prone to ulceration.
pimples. Frequent pimples. Significant
Prone to ulceration. irregularity of scar.
Colour Mild alteration of Moderate alteration Major alteration of Severe alteration of

colour. of colour. colour. colour.
Visibility Less than 25% 25 to 49% visible 50 to 74% visible 75% visible or
visible with work with work clothing. with work clothing. greater with work
clothing. clothing.
Loss of bodily form Mild depression or Moderate Major depression or Severe depression
elevation. depression or elevation. or elevation.
elevation.
Moderate to major Severe muscle or
atrophy. Moderate tissue loss.
to major irregularity
of body.
2. An average is taken of the points assigned by dividing the total

points by five. The result is rounded up to the nearest whole
number. The disfigurement is then placed in one of four classes as
follows:
Class 1 0 to 24 points
3. The area of the body affected is determined. Five areas are

recognized. A minimum and maximum amount of compensation
exists for each of the four classes for each area of the body

6 - 31
including a dollar value per point within each class as shown in the
following tables:
January 1, 2020 – December 31, 2020

Head and Neck
Class Maximum Minimum Maximum Dollar Value

Points Compensation Compensation per point
for Class for Class within Class
($) ($) ($)
1 24 0 7,128.72 297.03
2 49 7,413.86 14,257.22 285.14
3 74 15,419.17 43,305.97 1,161.95
4 99 44,460.80 72,176.72 1,154.83
Each Hand

($) ($) ($)
1 24 0 2,316.96 96.54
2 49 2,416.75 4,811.71 99.79
3 74 5,189.52 14,256.96 377.81
4 99 14,649.03 24,058.71 392.07
Each Arm

($) ($) ($)
1 24 0 1,782.24 74.26
2 49 1,853.52 3,564.24 71.28
3 74 3,856.49 10,870.49 292.25
4 99 11,155.63 17,998.99 285.14

6 - 32
Each Leg (including the foot)

($) ($) ($)
1 24 0 1,247.04 51.96
2 49 1,289.82 2,316.54 42.78
3 74 2,509.03 7,128.79 192.49
4 99 7,319.69 11,901.29 190.90
Torso

($) ($) ($)
1 24 0 1,247.04 51.96
2 49 1,289.82 2,316.54 42.78
3 74 2,509.03 7,128.79 192.49
4 99 7,319.69 11,901.29 190.90
The dollar values per point within each class are adjusted on
January 1 of each year. The minimum and maximum amount of
compensation for each class is adjusted accordingly. Since
June 30, 2002, the percentage change in the consumer price index
determined under section 333 of the Act, as described in policy
item #51.20 will be used.
4. The amount of the compensation in Class 1 is obtained by

multiplying the average criterion score for disfigurement by the
dollar value per point within the class. For example, if the average
criterion score for a hand disfigurement is 6, it is assigned to
Class 1 of the hands area of the body and the amount of the
compensation is $579.24 (6 x $96.54).
5. The amount of the compensation for a disfigurement in Classes 2,

3 or 4 is obtained by subtracting the maximum points in the
previous class from the average criterion score for disfigurement.
Next, the total is multiplied by the dollar value per point within the

6 - 33
class, followed by adding to the total, the maximum amount of
compensation in the previous class. For example, if a burn to the
chest is assigned an average criterion score of 34, it is in Class 2 of
the torso area of the body and the amount of the compensation is
$1,674.84 [(34 – 24) x $42.78 + $1,247.04].
Detailed examples of the application of the above guidelines are set out below:
Example 1
The worker has a loss of the fingernail and nailbed, slight shortening of the right
mid finger, a small curved raised nail growing through the graft at the injury site.
Assuming that the disfigurement was found capable of impairing earning
capacity, the compensation amount would be calculated as follows:
Factors Description Points
Surface area Less than 25% 2
Texture / keloid Minimal alteration; no keloid 2
Colour No contrast 0
Visibility Less than 25% 20
Structure Mild evidence of depression 5
A. Total points are 29.
B. Average criterion score is 6 (29/5). Disfigurement is in Class 1.
C. Multiply the average criterion score for the hand disfigurement

by the dollar value per point within Class 1 = $579.24 (6 x
$96.54).
Compensation amount is $579.24.
Example 2
The worker has healed burns that extend up the right side and front of the
abdomen and chest. There is evidence of occasional ulceration and moderate
irregularity of the scars. Scar colour is significantly different when compared to
unaffected skin. Assuming that the disfigurement was found capable of impairing
earning capacity, the compensation amount would be calculated as follows:

6 - 34
Factors Description Points
Surface area Less than 25% 20
Texture / keloid Some puckering and contraction 70

moderate keloid, scars raised to
3 mm
Colour Significant contrast 80
Visibility Nil 0
Structure No evidence of depression or 0

elevation other than keloid
A. Total points are 170.
B. Average criterion score is 34 (170/5). Disfigurement is in

Class 2.
C. The maximum points for a torso disfigurement in the

previous class (Class 1) subtracted from the average
criterion score for the torso disfigurement is 10 (34 – 24).
D. The total from line C multiplied by the dollar value per point
within Class 2 for a torso disfigurement, followed by adding
to the total, the maximum compensation for a torso
disfigurement in the previous Class (Class 1) is $1,674.84
[(34 – 24) x $42.78 + $1,247.04].
Compensation amount is $1,674.84.

R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted reference to Board officer.
May 1, 2008 – Amendments to the formula for determining the
amount of disfigurement compensation to ensure that
disfigurement payments increase uniformly within each class for
greater degrees of disfigurement. Applied to all decisions
including appellate decisions made on or after May 1, 2008.

6 - 35
#44.00 PROPORTIONATE ENTITLEMENT
The following apply to compensation under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants] in relation to
personal injury or disease that is superimposed on an already existing
disability:
(a) the compensation is limited to the proportion of the disability

following the injury or disease that may reasonably be attributed to
that injury or disease;
(b) the measure of the disability attributable to the injury or disease

must, unless it is otherwise shown, be the difference between the
extent of the worker’s disability before and disability after the
occurrence of the injury or disease.
This section deals with cases where the compensability of the immediate injury
and disability has been accepted by the Board. It does not concern itself with the
initial adjudication as to the causation of the particular disability.
R.S.B.C. 2019, c. 1.
#44.10 Meaning of Already Existing Disability

The mere fact that the worker had some weakness, condition, disease, or
vulnerability which partially caused the personal injury or disease is not sufficient
to bring Proportionate Entitlement into operation. The pre-existing condition must
have amounted to a disability prior to the occurrence of the injury or disease.
Three situations are distinguished:
1. In cases where it has been decided that the precipitating event or

activity, and its immediate consequences, were so severe that the
worker’s present disability would have resulted in any event,
regardless of any pre-existing disability, section 146 should not be
applied.
2. In cases where the precipitating event or activity, and its immediate

consequences, were of a moderate or minor significance, and
where there is only x-ray evidence and nothing else showing a
moderate or advanced pre-existing condition or disease,
Proportionate Entitlement should not be applied. These cases
should not be classified as a disability where there are no
indications of a previously reduced capacity to work and/or where

6 - 36
there are no indications that prior ongoing medical treatment had
been requested and rendered for that apparent disability. In
determining whether there has been ongoing treatment, the Board
considers the frequency of past treatments and how long before the
injury they occurred.
3. Where the precipitating event or activity, and its immediate

consequences, were of moderate or minor significance, but x-ray or
other medical evidence shows a moderate to advanced pre-existing
condition or disease, and there is also evidence of a previously
reduced capacity to work and/or evidence of a request for and
rendering of medical attention for that disability, section 146 should
be applied.
Section 146 only applies where an injury is “superimposed” on an already

existing disability. The injury and the existing disability must be in the same part
of the body.
The fact that the worker has a payment from another agency for a pre-existing
disability does not affect the Board’s practice. The Board makes its own
assessment of the pre-existing disability and is not bound by the percentage
determined by the other agency.
R.S.B.C. 2019, c. 1.
#44.20 Wage-Loss Benefits and Health Care Benefits

It is not the policy of the Board to apply the provisions of section 146 to health
care benefits or wage-loss benefits. The Board pays wage-loss benefits on the
simple presumption that the worker was fit and able to carry on regular duties
prior to the injury and is, at the time of receiving wage-loss benefits, totally or
partially unable. The only conclusion to be derived from these facts is that the
injury itself is the sole cause of that immediate total or partial disability.
Proportionate Entitlement is thus a concept applicable only to permanent
R.S.B.C. 2019, c. 1.

If a worker already has a pre-existing disability, and a work injury results in an
aggravation of the disability, wage-loss benefits are paid for the period of any
temporary total disability. If the aggravation was temporary only and the worker
recovers from the aggravation so that the worker is restored to the position of the

6 - 37
pre-existing disability, there is then no residual permanent disability resulting
from the work injury, and therefore no further compensation. However, if a pre-
existing disability is permanently aggravated by the work injury, and the worker’s
condition has stabilized, the Board must then consider how much of the condition
is the compensable aggravation.
Assuming that a pre-existing impairment has been established, section 146

states that compensation is limited to the proportion of the “disability” following
the injury or disease that may reasonably be attributed to that work-related injury
or disease. “Disability” means loss of body function or physical impairment.
Under section 146, the measure of the permanent disability attributable to the
work injury or disease must, unless it is otherwise shown, be the difference
between the extent of the worker’s disability before and disability after the
occurrence of the injury or disease.
The Board’s practice in relation to section 146 has no relevance to conditions

which arise after the injury. It is only concerned with pre-existing problems. The
Board’s practice is that it will apportion its responsibility in respect of a permanent
disability attributable to causes other than the work injury arising after the injury.
Consider the example of a worker whose average net earnings are $1,000 per
month and who, following a work injury, has a 10% permanent disability. If the
whole of that disability is attributable to the injury, the monthly permanent
disability benefits paid under section 195 is 90% of 10% of $1,000, i.e. $90.00 a
month. If, however, 3% out of the total impairment existed prior to the injury,
section 146 requires that permanent disability compensation only be paid in
respect of the 7% caused by the injury. The worker would therefore receive 90%
of 7% of $1,000 per month, i.e. $63.00.
CROSS REFERENCES: Policy item #44.31, Application of Proportionate Entitlement, of
R.S.B.C. 2019, c. 1.
#44.31 Application of Proportionate Entitlement

In every case where there was a pre-existing disability, the Board has to decide
whether the loss of earnings experienced by the worker after the injury is wholly
the result of the compensable disability or partly the result of the pre-existing
disability. If it decides that the whole loss is the result of the compensable
disability, no reduction in the permanent disability benefits is made under
section 146. If it decides that a portion of the loss is attributable to the pre-
existing disability, the permanent disability benefits are only paid for the portion
attributable to the compensable disability.

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The Board feels that this is fair to workers in that it allows for the fact that their
pre-injury earnings may already have been reduced by the pre-existing disability.
On the other hand, it ensures that the Board does not become responsible for
loss of earnings which are really attributable to the delayed or progressive effect
of non-compensable pre-existing disabilities. The Board recognizes that it is
often difficult in practice to properly allocate the causes of a loss of earnings
where there is pre-existing disability, but does not feel that it is any more difficult
than other decisions that have to be made under the Act, or that this difficulty
justifies a different interpretation of section 146.
R.S.B.C. 2019, c. 1.
#45.00 LUMP SUMS AND COMMUTATIONS

Section 230 provides:
(1) Subject to this section, payments of compensation under this Part

[Part 4 of the Act – Compensation to Injured Workers and Their
Dependants] must be made periodically at the times and in the
manner and form the Board considers advisable.
(2) The Board may, at the Board’s discretion, do the following:
(a) commute all or part of
(i) the periodic payments due or payable to a worker or

dependant, and
(ii) the future amounts that are to be set aside for

payment of a retirement benefit,
to one or more lump sum payments, to be applied as

directed by the Board;
(b) divide into periodic payments compensation that is otherwise

payable as a lump sum.
(3) In the case of a worker’s
(a) death,
(b) permanent total disability, or
(c) permanent partial disability where the impairment of the

earning capacity of the worker is greater than 10% of the
worker’s earning capacity at the time of the injury,

6 - 39
commutation of periodic payments must not be made under subsection (2)
except on the application of and at an amount agreed to by the worker or
dependant entitled to the payments.
R.S.B.C. 2019, c. 1.
#45.10 Permanent Disability Periodic Payment

Categories/Lump Sum Payments
Category A:
In the case of a worker’s permanent partial disability, where the worker’s
1. compensable disability has been assessed under section 195(1) at

not greater than 10% of total disability, and
2. the permanent disability periodic payment is not more than $200.00

per month,
a lump sum will be paid in lieu of a monthly permanent disability periodic

payment and the additional future amounts to be set aside by the Board for the
payment of a retirement benefit under section 204 of the Act.
Category B:
In any case not within Category A, where the permanent disability periodic
payment is more than $200.00 per month, the compensation will consist of a
monthly permanent disability periodic payment and the additional future amounts
to be set aside by the Board for the payment of a retirement benefit. A
commutation will only be considered under the circumstances outlined below.
With the exception of the retirement benefit provision, this policy applies similarly
to periodic payments of compensation made to a dependant of a deceased
worker.
If a worker is receiving benefits for more than one permanent disability or a

dependant is receiving compensation on more than one claim, the above figures
apply to the combined total. If the worker or dependant has had previous
commutations or lump sum payments, these previous payments are not applied
to the combined total.
If a commutation request is made after the payment has begun on permanent

disability benefits or a dependant benefit, the monetary level at the date of the
request is used rather than the level at the effective date of the compensation.

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A review of the monetary level in Categories A and B will be undertaken
annually. Any changes to the amount will normally take place on the first day of
the month following the month of the review.
R.S.B.C. 2019, c. 1.
#45.20 Criteria for Allowing or Disallowing a Commutation

The same criteria apply, whether or not the Board has recovered all or part of the
capital reserve in a third party action.
Workers provided compensation that falls within Category A will automatically be

given a lump sum payment.
The general rule is that no commutation will be provided for cases in Category B.
There are, however, certain situations where a commutation may be desirable.

The purpose of the guidelines set out below is to define those situations where it
is in the worker’s long term interests to receive a commutation and to state the
terms and conditions on which such commutations are granted.
In considering a commutation, the following will apply:
1. A commutation must be for a specific purpose.
2. A commutation will, in general, only be allowed for purposes that

are calculated to enhance the income position of the worker.
3. The applicant must have a stable source of income other than the
permanent disability benefits.
4. A commutation will not be allowed where the applicant is a person

whom the Board considers incapable of managing the person’s
own affairs or who has a demonstrated incapacity for money
management.
5. Where there is an application by a surviving spouse to commute

compensation that is paid in whole or part for dependent children,
the Board considers the separate interests of the dependent
children.
6. If the other requirements are met, a commutation may be in the

worker’s long-term interests, notwithstanding the worker’s medical
condition may not have settled or involves a significant risk of
deterioration. However, while a potential deterioration in the
worker’s condition will not automatically bar a request, it is a

6 - 41
relevant factor to be considered. It might, for instance, lead to a
conclusion that the worker’s existing income from other sources
would not be stable from a long-term point of view.
Similarly, the fact that a disability may improve in the future will not
automatically bar a request for a commutation, even though the
commutation will prevent the Board from reducing the amount of
the permanent disability benefits when the improvement occurs.
The possibility of such an improvement may, however, be taken
into account if it is significant. It may influence the amount of
commutation granted.
7. A short expectation of life or a worker’s wish to benefit dependants

following the worker’s death is not a ground on which the Board can
permit a commutation.
R.S.B.C. 2019, c. 1.
November 24, 2011 − Housekeeping amendments made in
accordance with legislative amendments to the then Act.
October 1, 2002 − Changes were made to the threshold
amounts for automatic commutations and the criteria for
considering commutations were broadened. Please refer to
BOD Decision No. 2002/08/27-04 for details of the amendments.
The policy as amended apply to all new claims received, all
active claims that were awaiting an initial adjudication on
permanent disability award adjudication, and all active claims
that were awaiting initial adjudication of periodic payments of
compensation to a dependant of a deceased worker, on or after
October 1, 2002.
July 16, 2002 − This policy was created to apply to all decisions
made on or after July 16, 2002 in respect of injuries occurring on
or after June 30, 2002, permanent disabilities where the
permanent disability first occurred on or after June 30, 2002, and
recurrences where the recurrence occurs on or after
June 30, 2002, irrespective of the date of injury.
APPLICATION: The amendments to this policy, that term commutations are no
longer available, brought into effect by BOD Decision
No. 2007/01/23-02, apply to all applications for commutations
made on or after March 1, 2007. Changes made pursuant to
BOD Decision No. 2002/08/27-04 did not apply to workers in
receipt of a permanent disability award based on a projected loss
of earnings that was initially adjudicated before October 1, 2002.

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#45.21 Death of Worker Prior to Payment under Category A in
Policy Item #45.10
The Act distinguishes between two different categories of benefits:
1. Benefits payable to a disabled worker.
2. Benefits payable to dependants and others in respect of the death

of a worker.
Under the terms of the Act, permanent disability benefits are payable to a living
worker. There is no provision for permanent disability benefits to be payable in
respect of a deceased worker. This includes permanent disability compensation
paid as a lump sum.
If a worker dies before a Category A lump sum payment has been issued, the
lump sum payment will be cancelled and the permanent disability benefits will be
recalculated up to the date of the worker’s death.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted reference to Disability Awards Officer.
October 1, 2002 – Reference to a 1975 claim decision deleted.
Policy revised to provide that where future benefits have been
issued after the death of a worker, the benefit will be cancelled
and recalculated up to the date of the worker’s death.
#45.30 Types of Commutations Permitted

Where a partial or full commutation of permanent disability benefits is granted,
the corresponding portion of the future amounts that are to be set aside for
payment of a retirement benefit will also be commuted.
Any amounts that have already been set aside by the Board in the retirement
reserve will be held in the reserve until the worker reaches retirement age.
These amounts will not be commuted.
There are two types of commutations that the Board may permit:
1. A partial commutation resulting in a reduced level of both the

permanent disability periodic payments, and corresponding
retirement benefits set aside by the Board.
2. A full commutation of both the permanent disability benefits, and

corresponding retirement benefits set aside by the Board.

6 - 43
With the exception of the retirement benefit provisions, the Board
permits the same types of commutations of periodic payments of
compensation made to a dependant of a deceased worker.
To ensure that a commutation is used for the purpose for which it is sought, the
Board may make a commutation cheque payable to a worker and to another
person.
CROSS REFERENCES: Chapter 18, Retirement Benefits, of the Rehabilitation Services &
R.S.B.C. 2019, c. 1.
APPLICATION: This policy applies to all applications for commutations made on
or after March 1, 2007.
#45.40 Purpose of Commutations

Certain purposes for which commutations are commonly requested are
discussed below. The list is not intended to cover every purpose for which a
commutation may be requested but rather is designed to provide guidelines to
ensure the consistent handling of certain common types of application.
#45.41 Paying Off Debts

The Board is concerned that lenders might be encouraged to grant excessive
extensions of credit to workers in receipt of permanent disability benefits if they
became aware that commutations could easily be obtained to pay off debts.
Section 120 of the Act seeks to protect workers from creditors by making
permanent disability periodic payments non-assignable. The Board will not
undermine this intention by freely allowing commutations for the purpose of debt
reduction. Therefore, a commutation is more likely to be allowed for paying off
debts that were incurred prior to the injury.
A person incurring heavy debt may have serious long-term problems which will
not be resolved simply by a commutation to pay debts. These problems may
lead to incurring further debt even if the existing debt is paid. The person will
then be in an even more serious position than before because there will now be
no permanent disability periodic payments. It may, in such cases, be more
appropriate to refer the worker for financial counselling rather than to attempt to
resolve the situation by a commutation of permanent disability periodic
payments. Nevertheless, a commutation to pay off debts may be advisable and
in the best interests of the worker if it will avoid high interest obligations.
Commutation applications for this purpose will be carefully scrutinized for other
alternatives before being allowed.

6 - 44
R.S.B.C. 2019, c. 1.
#45.42 Investments
A commutation will not be allowed for investment purposes.
#45.43 Starting a Business

From a purely financial standpoint, it may be difficult to distinguish between
investing in one’s own business and other forms of investment. It is, moreover,
often difficult for officers of the Board to determine with any degree of certainty
whether what the worker wishes to undertake is a sound business venture.
Investing in one’s own business, however, may be in the worker’s best interests
where there is a strong element of rehabilitation involved and the worker will be
an active participant in operating the business. Any application for a
commutation for the purpose of starting a business will be thoroughly
investigated with these considerations in mind.
In each case where a business start-up is contemplated for which a commutation

has been requested, or as a vocational rehabilitation measure, the Board will
obtain, with the worker’s written consent, an appraisal of the viability of the
proposed business from the Business Development Bank of Canada or some
similar organization before a final decision on the commutation request, or
rehabilitation measure, is made.
CROSS REFERENCES: Item C11-88.60, Vocational Rehabilitation – Business
Start-ups, of the Rehabilitation Services & Claims Manual,
Volume II.
#45.44 Education
Unless the proposed educational program will promote the worker’s career, a
commutation for this purpose would not normally enhance the worker’s income
position and consequently would not satisfy the above general guidelines. There
may, however, be some therapeutic benefit in allowing workers to improve their
education when the improvement cannot be provided through normal
rehabilitation programs. The requirement for the applicant to have a stable
source of income may be waived where the Board is satisfied that the training or
educational program will increase the prospects of employment and therefore
enhance the income position over the long term. Where the program will not
increase the employment prospects, but will have a significant therapeutic
benefit, the Board may waive the requirement that the commutation be for a

6 - 45
purpose that enhances the worker’s income position. In such a case, it will not
waive the requirement that the applicant have a stable source of income.
#45.45 Buying a Home

Commutations for purchasing a home will be allowed under the following
conditions:
1. The home is purchased as a personal residence.
2. The worker will obtain clear title to the property subject only to any
mortgage.
3. Any mortgage payments are well within the worker’s ability to pay
from other income.
4. The size, value and upkeep costs of the home are in line with other
income.
The discharge or reduction of an existing mortgage will be dealt with under the
criteria for paying off debts in policy item #45.41, rather than under the criteria for
buying a home. In administering this feature, however, a request for a
commutation to discharge or reduce an existing mortgage should primarily be
considered in the same general vein as a commutation to purchase a home, with
the added insurance that consideration should be given to the safeguards built
into the debt payment provisions. The expectation of this approach is that, in
general, given similar circumstances, there should be little difference in the result
following a decision made under either category. A commutation for the purpose
of extending an existing home may be allowed if the above requirements are
satisfied.
A commutation will not normally be allowed for the purpose of purchasing a

second home to be used for vacations, or retirement, or to be rented out. The
home must be for the purpose of providing the applicant with current
accommodation.
#45.50 Decision-Making Procedures

The Board is responsible for investigating an application for a commutation and
making a decision on the application. Vocational rehabilitation input may be
obtained before making a decision.
Where a commutation application is under consideration, the value of the

proposed commutation can be made available so that the applicant may properly
evaluate the options open.
If the value of a commutation under Category B in policy item #45.10 exceeds

the limit set in Category A, prior approval by a Vice-President is required before

6 - 46
granting the request. If an application is received that does not fall within the
guidelines and it is thought that there should be some departure, the application
must also be referred to the Vice-President for consideration.
An employer is not normally advised of the granting of a commutation. An

exception is made where the employer is the Federal Government. It is advised
of the amount and type of the commutation.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officers, Vocational
Rehabilitation Services and Compensation Services Division.
#45.60 Amount Paid on Commutations

When a permanent disability benefits reserve and retirement benefits reserve are
established or a liability is calculated for permanent disability benefits and a
retirement benefit, the monthly permanent disability benefits payment amount
and the periodic future retirement benefits amounts to be set aside by the Board
for the payment of a retirement benefit, are converted to a lump sum by applying
an actuarial net discount rate. This provision also applies if a reserve is
established or a liability is calculated for periodic payments of compensation
made to a dependant of a deceased worker. The actuarial net discount rate is
set by the Board and represents the anticipated difference between long term
future investment returns and long term future inflation.
Similarly, when the Board commutes permanent disability benefits, the monthly
permanent disability payment amount and the periodic amounts set aside by the
Board for a retirement benefit are converted to a lump sum by applying a
commutation net discount rate. For Category A benefits, as defined in
policy item #45.10: permanent disability benefits and the future amounts to be set
aside by the Board for the payment of a retirement benefit that are automatically
commuted by the Board without a request from the worker; the commutation net
discount rate used will be equal to the actuarial net discount rate. For all others:
permanent disability benefits and the future amounts to be set aside by the Board
for the payment of a retirement benefit that are commuted by the Board at the
worker’s request, the commutation net discount rate used will be equal to the
actuarial net discount rate increased by .5 percentage points. The increased net
discount rate also applies to a commutation granted by the Board for dependant
benefits at the dependant’s request.
R.S.B.C. 2019, c. 1.

6 - 47
#45.61 Calculation of Lump-sum Payment or Commutation
Where, as a result of the application of the policies outlined in policy
items #45.10 to #45.60, the Board decides on a lump sum or commutation, it is
paid forthwith.
Whenever a lump-sum payment or commutation is calculated following the

review or appeal process, the calculation will be based on the date on which it is
processed.
HISTORY: April 8, 2003 – Amended to state that whenever a lump sum
payment or commutation is calculated following the review or
appeal process, the calculation will be based on the date on
which it is processed.
#46.00 RECONSIDERATION OF PRESCRIBED

COMPENSATION CLAIMS UNDER SECTION 203
Despite section 122(1) [Board decisions are final], if a worker’s application

under this section is with respect to a claim for compensation to which this
section applies,
(a) the Board must reconsider the compensation provided to the

worker, and
(b) if, having regard to the projected loss of income resulting from the
worker’s disability, the Board considers that the worker is not
receiving adequate compensation, the Board must increase or
establish periodic payments accordingly.
R.S.B.C. 2019, c. 1.
August 1, 2013 – title change and housekeeping amendment.
APPLICATION: This policy applies to all decisions made on or after
August 1, 2013.
#46.01 Claims to Which Section 203 Applies

(1) This section applies to the claims for compensation that the Board
may, by regulation, determine.

6 - 48
(2) A worker may apply for reconsideration of compensation payable to
the worker if
(a) the worker’s claim is of a type prescribed under

subsection (1),
(b) the worker continues to have a compensable disability that

was sustained more than 10 years before the worker’s
application under this section is made, and
(c) either
(i) the permanent disability compensation determined by

the Board for the worker was based on a percentage
of total disability of 12% or greater, or
(ii) the worker’s case is of a kind in which the Board uses

a projected loss of earnings method in calculating the
compensation.
...
The Board’s regulation issued under section 203 is set out below:
1. In this regulation, “Act” means the Workers Compensation Act.
2. Section 203 [reconsideration of prescribed compensation claims] of

the Act applies to the following claims:
(a) the worker continues to have a compensable disability

sustained more than 10 years before the worker’s
application under section 203(2) of the Act or section 24 of
the Workers Compensation Act, R.S.B.C. 1996, c. 492, as
applicable, and permanent disability compensation was
determined by the Board based on a percentage of total
disability of 12% or greater for that compensable disability;
(b) the worker continues to have a compensable disability

determined by the Board for an injury involving the spinal
column;
(c) the worker continues to have a compensable disability


6 - 49
determined by the Board on or after October 1, 1977 for an
injury to a part of the body other than the spinal column;
(d) the worker
(i) continues to have one compensable disability with a

percentage of total disability of 5% or greater sustained
more than 10 years before the worker’s application
under section 203(2) of the Act or section 24 of the
Workers Compensation Act, R.S.B.C. 1996, c. 492, as
applicable, and
(ii) also continues to have one or more compensable

disabilities sustained at any time before the worker’s
application under section 203(2) of the Act or section 24
of the Workers Compensation Act, R.S.B.C. 1996,
c. 492, as applicable, which, when combined with the
compensable disability referred to in subparagraph (i),
brings the worker’s total permanent disability
compensation determined by the Board to a percentage
of total disability of 12% or greater for the combined
compensable disabilities.
3. For the purposes of section 2(d)(ii), the compensable disabilities

may be the result of one or more injuries that were the subject of
one or more claims under the Act, the Workers Compensation Act,
R.S.B.C. 1996, c. 492, or both.
Section 203(3) provides that even though a worker with a permanent disability
has received compensation that has been wholly or partly commuted, or
compensation for a fixed term, the worker may apply under section 203; in which
case the worker is deemed to be still receiving the periodic payments that have
been commuted, or the life equivalent of the periodic payments made for a fixed
term.
AUTHORITY: Section 203 of the Act;
Reconsideration of Prescribed Compensation Claims Regulation,
B.C. Reg. 177/2013.
CROSS REFERENCES: See section 223(1) of the Act.
R.S.B.C. 2019, c. 1.
August 1, 2013 – Policy updated to mirror then section 24
regulation change.
APPLICATION: This policy applies to all decisions made on or after
August 1, 2013.

6 - 50
#46.02 Calculation of Compensation under Section 203
(5) For the purposes of subsection (4), the Board must consider
compensation to be adequate if,
(a) in the case of a worker who is under 65 years of age, the

amount of compensation provided to the worker is at least
75% of the projected loss of earnings resulting from the
worker’s disability, and
(b) in the case of a worker who is 65 years of age or older, the

amount of compensation provided to the worker is at least
75% of the projected loss of retirement income resulting from
the worker’s disability.
(6) Periodic payments increased or established under this section for a

worker who is under 65 years of age are subject to readjustment,
by reference to subsection (5)(b), on the worker reaching 65 years
of age.
(7) The calculation of compensation under this section must be made

in the manner the Board determines.
...
A. APPLICANTS UNDER 65 YEARS OF AGE
In applying section 203(5)(a), for a worker who is under 65 years of age, the
Board must determine the projected loss of earnings resulting from the worker’s
disability. This involves three steps:
1. A forward projection of the earning capability of the worker as it

existed prior to the disability.
2. A projection of the present earning capability of the worker.
3. A determination of the extent to which any difference between (1)

and (2) is a result of the disability.
These calculations are made primarily by reference to evidence in the particular

case, with two exceptions. A table of monthly average wage rates in British
Columbia (see Appendix 4 − Supplement No. 1) is used to establish two of the
variables; and an age factor is applied to those cases where the worker became
permanently disabled when the worker was under the age of 23. With regard to
the former, a projection of the pre-disability earning capacity is made by
comparing the worker’s actual pre-injury earnings, limited by the maximum in

6 - 51
effect at the time of the injury, with the monthly average wage rate in the table for
that year and applying the same ratio to the average wage in the table for the
year when the calculation is being made. In making this projection, no account is
taken of promotions which the worker might have obtained if the worker had not
been injured.
B. APPLICANTS 65 YEARS OF AGE OR OLDER
In order to apply section 203(6) when the worker reaches age 65, if the Board
adjusts the worker’s permanent disability benefits using section 203(5)(a), the
adjustment is diarized for review three months prior to the worker attaining
65 years of age. This adjustment is referred to as a “term adjustment”, because
it is only paid for a period of time: from the time the Board adjusts the
compensation under section 203, to the date the worker reaches 65 years of age.
In applying section 203(5)(b), for a worker who is 65 years of age or older, the
Board must determine the projected loss of retirement income resulting from the
worker’s disability. This involves a determination of:
1. The retirement income that the worker would have been likely to be
receiving if the worker had not sustained the disability.
2. The retirement income the worker is receiving.
3. A determination of the extent to which any difference between (1)

and (2) results from the disability.
Here again, the determinations are made to some extent by reference to

evidence in the particular case; but two standard formulae are used with regard
to two important items.
The first relates to retirement income from savings. Many workers save part of
the earnings accrued during their working lives, and these savings, or income
from the savings, become part of retirement income. The Board must consider,
therefore, the loss of this element of retirement income resulting from the
disability. To determine loss of retirement income from savings, a standard
formula is used, based on such evidence as the Board has been able to obtain
from aggregated data relating to the savings habits of Canadian families.
The second item being considered by a standard formula is the loss of retirement
income from earnings by people who are 65 years of age or older. The formula
selected is to use a flat rate cash amount per month for each percentage of
disability.

6 - 52
C. READJUSTMENTS FOR WORKERS WHO WERE 65 YEARS OF AGE
AT THE TIME OF APPLICATION
When a worker, whose permanent disability benefits were adjusted using

section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492 or
section 203(5)(a) of the Act reaches 65, the Board readjusts the permanent
disability benefits under section 203(6) in the following manner:
1. When the diarized section 203 adjustment comes up for review

three months prior to the worker attaining 65 years of age, the file
will be considered in accordance with the procedures developed for
calculating compensation for workers aged 65 or older set out
above. For the purpose of this calculation, the original functional
permanent disability benefits as determined under section 23(1) of
the Workers Compensation Act, R.S.B.C. 1996, c. 492 or
section 195 of the Act, in effect prior to any previous adjustment
under section 24 of the Workers Compensation Act, R.S.B.C. 1996,
c. 492, or section 203 of the Act, plus applicable cost of listing
adjustment as described in policy item #51.00, will be regarded as
the permanent disability benefits in effect at age 65.
2. The term adjustment payable to age 65 automatically terminates

when the worker reaches age 65. The adjustment calculated as
per item (2) above then comes into effect. These new permanent
disability benefits will be the higher of the original permanent
disability benefit amount plus cost of living adjustments as
described in policy item #51.00 or the adjusted permanent disability
benefit determined in reference to the calculation for workers
aged 65 or older.
The detailed calculation formulae are set out in Appendix 4 to this manual.
R.S.B.C. 2019, c. 1.
#46.03 Maximum and Minimum Periodic Payments under

Section 203
Section 203(8) provides, “Section 200 [maximum compensation in the case of
further disability] applies to the calculation of compensation under this section
[section 203], but the calculation must not be limited by reference to average
earnings at the time of injury.”
Section 203(9) provides, “Periodic payments to an applicant worker that are

increased or established under this section must not exceed the maximum the
Board would establish, at the time of the reconsideration decision, for a worker in
an occupational category similar to that of the applicant worker before the injury if

6 - 53
that other worker had a compensable disability similar to the compensable
disability of the applicant worker.”
Section 203(10) provides that a decision under this section must not result in
periodic payments to a worker being less than they would have been if no
application had ever been made under this section.
#46.04 Date when New Periodic Payments Commence under

Section 203
Section 203(11) provides that the effective date for the commencement of an
increase or establishment of compensation under this section is the date the
application for reconsideration is received by the Board.
R.S.B.C. 2019, c. 1, including removing language that is out of
date.
#46.05 Reapplication under Section 203

A worker may reapply under this section for reconsideration of the

worker’s compensation 10 years after the worker’s most recent application
under this section.
R.S.B.C. 2019, c. 1.
#46.20 Commutations of New Periodic Reinstated Commutations

If the Board has reinstated periodic payments for permanent disability under
section 26 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, or
reinstates periodic payments for permanent disability under section 223 of the
Act, the Board will not generally allow a further commutation. However, the
Board does have discretion to permit this in unusual cases.
R.S.B.C. 2019, c. 1, including updating the language, renaming
the policy and renumbering from policy item #46.15 to policy
item #46.20.
May 2020 Volume II

6 - 54
CHAPTER 7
PROTECTION OF AND DEDUCTIONS

FROM BENEFITS
#47.00 INTRODUCTION
The Act contains provisions which prevent an employer from inhibiting a worker
from claiming compensation and prevent persons from obtaining the funds which
the Board owes to the worker. There are however, exceptional cases where
benefits may be diverted to someone other than the worker or deductions made
in respect of money the worker owes to others.
The Act and the Board’s policies also contain provisions which ensure that the
monetary value of benefits is not unfairly reduced because of inflation or delays
in payment by the Board.
R.S.B.C. 2019, c. 1.
#47.10 Actions By Employers

The obligations of an employer to report the occurrence of occupational injuries
and diseases to the Board and to refrain from inhibiting a worker from reporting
such occurrences to the Board are discussed in policy item #94.00. Set out
below are some additional provisions which prevent an employer from directly or
indirectly attempting to prevent a worker from exercising the worker’s right to
receive workers’ compensation.
CROSS REFERENCES: Policy item #94.00, Responsibilities of Employers, of the
R.S.B.C. 2019, c. 1.
#47.11 Agreements to Waive or Forego Benefits

Section 119 provides that “A worker may not agree with the worker’s employer to
waive or to forego any benefit to which the worker or the worker’s dependants
are or may become entitled under the compensation provisions, and every
agreement to that end is void.”
This provision is applicable whether a contract provides in express terms that no

benefits under the Act are payable to a worker of the employer, or whether it
seeks to achieve the same objective by more subtle means, such as by

7–1
describing the parties as independent contractors in circumstances in which the
relationship is, in substance, one of employment. If there is any suggestion that
section 119 has been violated, the claim should be referred immediately to a
Director.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted reference to Compensation Services
Department.
#47.20 Contributions from Workers to Employer

(1) An employer must not, either directly or indirectly,
(a) deduct from the wages of a worker of the employer any part
of an amount that the employer is or may become liable to
pay into the accident fund or otherwise under a
compensation provision, or
(b) require or permit a worker of the employer to contribute in

any manner toward indemnifying the employer against a
liability that the employer has incurred or may incur under a
compensation provision.
(2) A person who contravenes subsection (1)
(a) commits an offence, and
(b) is liable to repay to a worker any amount
(i) deducted from the worker’s wages in contravention of

subsection (1)(a), or
(ii) that the worker has been required or permitted to

contribute in contravention of subsection (1)(b).
The maximum fine for the offence referred to in subsection (2) is set out in
Appendix 5.
R.S.B.C. 2019, c. 1.

7–2
#48.00 ASSIGNMENTS, CHARGES OR ATTACHMENTS OF
COMPENSATION
(1) The following apply to an amount payable as compensation or by

way of commutation of a periodic payment in respect of
compensation:
(a) the amount is not capable of being assigned, charged or

attached;
(b) the amount must not pass by operation of law except to a

personal representative.
(2) A claim must not be set off against an amount referred to in

subsection (1), except for money
(a) advanced by way of financial or other social welfare

assistance owing to the government, or
(b) owing to the accident fund.

R.S.B.C. 2019, c. 1.
#48.10 Solicitors’ Liens

The statutory lien provided for solicitors under section 79 of the Legal Profession
Act is not applicable to workers’ compensation. If the solicitor had any right to a
lien at common law or in equity, that right is abrogated by the terms of
section 120 of the Act. Compensation funds cannot, therefore, be paid to a
solicitor acting for a worker. Nor would the Board induce the same result by
making the cheque payable to the worker and sending it in care of the solicitor.
R.S.B.C. 2019, c. 1.
February 1, 2006 − Minor editorial amendments were made.
APPLICATION: Minor editorial amendments made on February 1, 2006 do not
affect the application of this policy.
#48.20 Money Owing by Worker to Other Agencies

A worker may receive benefits from other governmental or non-governmental
agencies while awaiting the adjudication or a review or appeal of the worker’s

7–3
compensation claim with the Board. If the worker eventually receives
compensation benefits for the same period, the agency may have a claim against
the worker for reimbursement of the funds advanced by it. A British Columbia
government agency can claim reimbursement for money advanced to the worker
as financial or other social welfare assistance.
The restrictions on the attachment and assignment of compensation created by

section 120 of the Act do not generally apply to the Federal Government. As a
result, in some instances, the Federal Government could also claim
reimbursement for payments made under federal programs.
In the case of health and welfare plans or similar insurance plans, while the Act
in section 120 does not permit direct refunds to such agencies, the Board may,
on receipt of a worker’s signed authorization, mail cheques payable to the worker
in care of the agency.
In those cases where an inquiry is received from an insurance company or other

health and welfare plan, the Board may provide the requested information as
long as a signed consent from the worker is on file identifying both the Board and
the insurance company. See also policy item #99.80.
CROSS REFERENCES: Policy item #99.80, Insurance Companies, of the Rehabilitation
R.S.B.C. 2019, c. 1.
July 13, 2005 – Amendments clarified that restrictions on the
attachment and assignment of compensation created by then
section 15 of the Act do not generally apply to the Federal
Government. As a result, in some instances, the Federal
Government could also claim reimbursement for payments made
under federal programs.
#48.21 Employment Insurance

The essence of the arrangement between the department continued under the
Department of Employment and Social Development Act (Employment and
Social Development Canada – “ESDC”) and the Board, as reflected in the
respective statutes, is that if a person is eligible for workers’ compensation, the
Board is in the position of first payer. If a worker receives Employment Insurance
benefits and subsequently receives workers’ compensation benefits in respect of
the same period, under the Employment Insurance Act the worker is under an
obligation to reimburse ESDC; but that is a matter between the worker and the
ESDC. There is no provision under the Workers Compensation Act for
compensation benefits to be withheld because of the receipt of Employment
Insurance benefits.

7–4
R.S.B.C. 2019, c. 1.
June 1, 2009 – Updated references to then Human Resources
and Skills Development Canada and the Employment Insurance
Act.
July 13, 2005 – Deleted statement indicating that there is no
provision under the Act for the worker’s obligation to repay
employment insurance benefits to be enforced by the Board.
#48.22 Social Assistance Payments

Deductions from compensation may be made in respect of social assistance
payments made to the worker by British Columbia.
When a person who may be entitled to compensation receives social assistance

payments, British Columbia may require the person to execute an assignment to
it of any benefits received from the Board. The assignment is then passed on to
the Board to notify it to deduct from the worker’s compensation benefits the
amount owed to British Columbia.
The rules set out below are followed in respect of assignments of compensation
made by a worker to British Columbia.
1. No overpayment of compensation is declared and sought to be

recovered in respect of payments of compensation made prior to
the receipt of an assignment of benefits made by a worker to British
Columbia.
2. In respect of payments of compensation made after receipt of the

assignment:
(a) Wage-Loss Benefit Payments
Refunds will only be made to British Columbia for wage-loss

benefit periods which are concurrent with periods where
assistance has been paid and only up to the amount of the
assistance paid for that period.
(b) Monthly Permanent Disability Benefit Payments
British Columbia will be refunded up to the monthly value of

the permanent disability payment for concurrent periods.
This will usually apply only to retroactive payments.
Ongoing assistance, if being paid, will be adjusted by British
Columbia beyond the implementation date of the permanent

7–5
(c) Permanent Disability Benefits: Lump Sum Cash Payments
or Commutations
If a lump sum is paid or a commutation is provided, British

Columbia will be reimbursed the equivalent amount of the
monthly permanent disability benefit that would otherwise
have been payable to the worker. This will be for the same
period of time covered by the assistance payment. This will
only apply up to the amount of assistance paid by British
Columbia for that period. For lump sum payments, this will
generally only occur where the lump sum is being paid on a
retroactive basis.
(d) Rehabilitation Allowances
British Columbia has agreed not to request an Assignment of

Benefits from rehabilitation allowances paid under
section 155 of the Act.
3. Where no payments of compensation on the claim are due after

receipt of the assignment or the payments cease before the full
amount owed to British Columbia is paid off, British Columbia is
advised that it will have to collect the amount outstanding through
other means.
The worker is advised when social assistance payments are being deducted from
workers’ compensation benefits.
HISTORY: September 1, 2020 − Policy amended to address an
inconsistency with practice.
R.S.B.C. 2019, c. 1.
February 1, 2006 − Minor editorial amendments were made.
#48.23 Requirements to Pay

The Board may receive written notice requiring that benefits owing to a worker be
redirected, in whole or in part, to the Federal Receiver General on account of the
worker’s debt under the Income Tax Act or the Excise Tax Act. Such a notice is
referred to as a “Requirement to Pay”. The Board will comply with Requirements
to Pay.

R.S.B.C. 2019, c. 1.

7–6
APPLICATION: This is a new policy brought into effect to apply to all amounts
payable as compensation to a worker, including retroactive
payments of amounts, payable under the Workers
Compensation Act on or after July 13, 2005.
#48.30 Worker Not Supporting Dependants

Section 232(3) provides that if an order for spousal support or child support has
been made against the worker by a court of competent jurisdiction, the Board
may divert all or part of the compensation payable to the worker from the worker
for the benefit of the worker’s spouse or children.
If a request is received to divert compensation payments under the authority of

section 232(3), it must be supported by a Court Order.
Where compensation is being diverted under this provision, any cost of living
adjustments are apportioned between the payment made to the worker and the
diverted payment.
The Board will comply with Notices of Attachment issued under the Family
Maintenance Enforcement Act.
R.S.B.C. 2019, c. 1.
March 1, 2012 − Housekeeping changes made in accordance
with amendments to the Act.
accordance with amendments to the Act.
February 1, 2006 – Minor editorial amendments made to policy.
APPLICATION: Minor editorial amendments made on February 1, 2006 do not
affect the application of this policy.
#48.40 Overpayments/Money Owed to the Board

Section 120 provides an exception to its general prohibition of assignments,
charges or attachments of compensation payments in respect of money “owing
to the accident fund”. The Board may therefore deduct from compensation
benefits the amount of money owed to it by the person entitled to receive them.
A worker or employer may owe money to the Board in several ways. They may
be paid more compensation than they are entitled to as a result of an
administrative error, a decision outside the statutory authority of the Board, or
fraud or misrepresentation. (See policy item #48.41.) They may incur liability for
the repair or replacement of Board property which they damage. An employer or
independent operator may fail to pay assessments owed to the Board.

7–7
Assessments owing by a limited company may be deducted from compensation
payments made to the sole principal of that company or, where there is more
than one principal, from payments made to a principal who is personally
responsible for the non-payment of assessments. This also applies to situations
involving personal optional protection premiums owing.
CROSS REFERENCES: Item AP3-120-1, Attachment of Compensation, of the
Assessment Manual.
R.S.B.C. 2019, c. 1.
#48.41 When Does an Overpayment of Compensation Occur?

An overpayment is any money paid out by the Board to a payee as a result of an
administrative error, fraud or misrepresentation by the worker, or where the
decision was not one within the statutory authority of the Board. Administrative
errors are mechanical, mathematical, or an error in implementing a decision on a
claim, and similar types of errors. They do not include decisions made regarding
entitlement. An overpayment may also be incurred by a doctor, qualified
practitioner, or an institution following the incorrect payment of a health care
benefit account by the Board.
A decision regarding entitlement which is modified or reversed by a later decision

does not result in an overpayment. These are referred to as “Decisional Errors”
and include errors of policy. They include situations where new information is
later received which initiates a judgment change in the original decision. They
can also include situations where information was available but overlooked.
Decisional errors involving actions outside the statutory authority of the Board or
due to fraud or misrepresentation are corrected retroactively to the date of the
original decision, and result in an overpayment.
Board policy also does not require the initiation of recovery procedures for
overpayments under $50.00 as long as there is no evidence of fraud or
misrepresentation. All overpayments, irrespective of the amount, are referred to
the Board’s Legal Services Division where fraud or misrepresentation is
indicated.
R.S.B.C. 2019, c. 1.
October 1, 2007 – Revised to remove reference to computer
errors.
March 3, 2003 − Policy amended to delete cross-references to
payments to children on fatal claims, interim adjudications and
appeals.

7–8
#48.42 Recovery Procedures for Overpayments
If, at the time of the discovery of the overpayment, payments are still being made
on the claim, the amount of any overpayment will be recovered from those
payments. The Board officer will as far as possible do this in a manner which
causes the least hardship to the worker. Normally, the Board officer will recover
the amount owing by instalments. If payments of the claim are terminated by the
time the overpayment is discovered or before full recovery can be obtained, the
procedures outlined below are followed. However, if a request for a review by
the Review Division or an appeal to the Workers’ Compensation Appeal Tribunal
against the overpayment is filed, re-collection procedures are as outlined in
policy item #48.46.
1. The Vocational Rehabilitation Services and Compensation Services

Departments will conduct the initial collection procedure which will
include the Board officer making personal contact with the worker in
addition to sending two letters, one immediately and one 30 days
later. For overpayments in excess of $500, the second letter
advises that unpaid accounts will be turned over to the Board’s
Collections Section.
2. When the overpayment is 70 days overdue it will be sent to the

Board’s Collections Section. Unless there is evidence of fraud or
misrepresentation, claims for overpayments under $500 are not
sent to Collections.
3. A letter will be sent to the worker by a Collections Officer at the

70-day overdue date indicating that the overpayment has been
transferred to the Board’s Collections Section and suggesting that
payment be made within a month in order to avoid possible legal
action. This letter will make it clear that the Board is serious about
collecting the overpayment.
4. If payment is not received within 30 days, or a reasonable payment

plan arranged, the Collections Officer will attempt to make
telephone contact with the worker or pay a personal visit.
5. If this does not result in positive arrangements for payment, a final,

more strongly worded letter will be sent. An asset search will be
conducted and if there is a reasonable expectation that money is
collectible, the account will be turned over to the Board’s Legal
Services Division for attention and action. The result of this action
could be the seizing of assets or garnisheeing wages.
Policy item #50.00 sets out the procedures regarding the crediting of interest to
retroactive temporary and permanent disability lump-sum payments and
commutations. In the case of claims overpayments, interest charges only apply

7–9
to amounts due where the overpayment is the result of fraud, misrepresentation
or the withholding of information by the worker. Interest is not charged on
overpayments that result from the correction of an error. The charging of interest
on an overpayment must be approved by a Manager or a Director.
In the case of doctors and other health care benefit payees, overpayments are
handled by the Board by making a deletion from future payments. There is no
attempt by the Board to obtain the recovery of such an overpayment from a
worker who received the health care benefits unless the costs of the health care
benefits were paid directly to the worker.
R.S.B.C. 2019, c. 1.
March 3, 2003 – Policy amended regarding references to review,
the Review Division and the Workers’ Compensation Appeal
Tribunal.
#48.43 Recovery of Overpayments on Reopenings or New

Claims
If there is an outstanding overpayment made to a worker on a claim and that
claim is reopened or a new claim for the same worker is established, the
overpayment will be recovered from that worker. Normally, this will take place
following contact with the worker to determine the manner in which the
overpayment is to be recovered, either in full from the first payment of wage-loss
benefits, or where the overpayment is a considerable sum of money, at a
reasonable amount every two weeks during the period of temporary disability.
Every attempt will be made to recover the full amount of the overpayment.
If there is an outstanding overpayment to either the worker or the employer and

the claim is reopened or a new claim established, and if the to pay worker is still
employed by the same employer and the employer continues full salary, the
overpayment will be recovered in full from that employer before subsequent
wage-loss benefits are paid. The employer will be notified that this process is
taking place. No recoveries are made from workers for overpayments made to
employers.
Subject to the exception referred to in the preceding paragraph, the recovery of

overpayments will be made only from those to whom the overpayment is made.
The general law of bankruptcy releases a bankrupt from all claims provable in
bankruptcy upon discharge from bankruptcy. Therefore, if an overpayment has
been incurred prior to the bankruptcy date, the Board does not take legal
proceedings against the discharged bankrupt to recover the overpayment.
May 2020 Volume II

7 – 10
Should a subsequent claim be submitted or the claim reopened, no attempt to
recover such an overpayment is made.
R.S.B.C. 2019, c. 1.
#48.44 Deduction of Overpayments from Permanent Disability

Benefits
If a worker is entitled to permanent partial disability benefits, attempts are made
to recover the overpayment prior to paying the permanent disability benefits.
Whenever possible, the full amount will be recovered directly from the worker. If
recovery is not made prior to the commencement of the permanent disability
benefit payments, the recovery may be made from the permanent disability
benefit itself either from the initial payment or on the basis of an adjustment to
the ongoing permanent disability payments as follows:
(a) non-payment of the full periodic payment amount for a fixed

term;
(b) a partial reduction of the permanent disability periodic

amount for a fixed term;
(c) a partial reduction of the permanent disability amount for the

duration of a worker’s entitlement to permanent disability
benefits.
In the case of a large overpayment and/or a small permanent disability periodic

payment, it is also possible that the capitalization of the full amount may be
required to offset the overpayment.
If a previous permanent disability is being compensated and the overpayment is

on a subsequent claim, the Board does not usually elect to recover the
overpayment from the prior periodic payment amount. This is an option that is
only used as a last resort. The choice is first given to the worker as to how the
worker wishes to repay the overpayment on the understanding that the Board
would prefer not to interfere with the ongoing permanent disability benefits.
If payment has been suspended for the purpose of paying off an amount owing to
the Board, the worker will, every six months, be sent a statement showing the
results of any changes in the permanent disability payment amount because of
cost of living adjustments, the amounts credited to the worker’s account as a
result of the suspension, and the amount still owing.
Periodic payments for permanent disability benefits and dependant benefits are
made at the end of each calendar month. Should a worker or dependant die

7 – 11
during the month for which a full month’s payment has been made, no deduction
is made nor is any overpayment declared.
R.S.B.C. 2019, c. 1.
#48.45 Deduction of Overpayments from Vocational

Rehabilitation Payments
An overpayment may be recovered from a vocational rehabilitation assistance
payment. Every attempt is, however, made by the Board to have the worker
make arrangements to repay the overpayment in some other method rather than
reduce a vocational rehabilitation payment. Recovery from a vocational
rehabilitation payment would only occur under exceptional circumstances.
R.S.B.C. 2019, c. 1.
#48.46 Reviews and Appeals on Overpayments

A request for a review by the Review Division may be made on the question of
whether the worker owes money to the Board and, if so, the amount owing.
However, no such request may be made on the question of whether the Board
should recover the overpayment or not, and on the manner of any recovery.
Board policy requires that if an overpayment is being reviewed or appealed,
procedures to recover the overpayment from the worker will be suspended
pending the decision by the Review Division or the Workers’ Compensation
Appeal Tribunal. However, if a new claim is submitted, or a claim other than the
one on which the request for review by the Review Division or the appeal to the
Workers’ Compensation Appeal Tribunal is recorded is reopened, recoveries of
the overpayment may be made from any compensation entitlements that accrue.
The Board will of course still be permitted to exercise discretion as to the amount
and the periodic nature of the recovery.
R.S.B.C. 2019, c. 1.
March 3, 2003 – Inclusion of references to the Review Division
and the Workers’ Compensation Appeal Tribunal.

7 – 12
#48.47 Waiver of Overpayment Recoveries
Other than the exceptions listed in policy item #48.41, it is the Board’s position
that recoveries should be made when an overpayment occurs. As such, it is
expected that requests to waive recovery should be rare and must clearly meet
policy criteria.
Board policy regarding the waiver of recovery procedures for overpayments

provides for the following:
The President or a Vice-President (or Directors for overpayments under

$1,000) will have discretionary authority to waive recovery procedures for
overpayments where:
1. in their judgment, severe financial hardship would result (it is not

considered that amounts under $1,000 should be deemed as
meeting this requirement); or
2. it is considered unreasonable or inadvisable to proceed with

recovery.
In no case will recovery be waived if there was fraud or misrepresentation.

Approval to waive recovery, when granted, does not constitute forgiveness of the
debt. In some instances, at the discretion of a Vice-President (or Director for
waivers under $1,000), a recovery waiver may be granted even though
permanent disability benefits are being paid or will be paid. Should a further
claim be recorded or a later reopening accepted where a prior waiver has been
approved, the question of initiating recoveries must first be discussed with a
Vice-President or Director who approved the waiver.
CROSS REFERENCES: Policy item #48.41, When Does an Overpayment of
Compensation Occur?, of the Rehabilitation Services & Claims
Manual, Volume II.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted reference to Rehabilitation and
Compensation Services Division.
#48.48 Unpaid Assessments

Unpaid and overdue assessments are treated in the same manner as
overpayments if a claim is later received from an employer or principal of the
limited company responsible for the debt or an independent operator who has
purchased but not fully paid for personal optional protection coverage. If, at the
time of the claim, the worker is working for another company or organization, the
decision whether or not to recover the overdue assessment from compensation

7 –13
entitlements will be made by the Board officer in the Finance Division who has
been assigned that authority by the President, or a Director or a delegate.
Recoveries will not be made from surviving spouses or dependants where the
claim is the result of a fatality and the worker was employed with an employer
other than the employer owing the assessments.
R.S.B.C. 2019, c. 1.
November 24, 2011 − Housekeeping amendments were made in
accordance with amendments to the Act.
June 1, 2009 – Deleted reference to Compensation Services.
March 18, 2003 – Deleted the title Manager, Collections, and the
substitution of the Board officer in the Finance Division who has
been assigned that authority by the President.
#48.50 Payment to Surviving Spouse Free from Debts of

Deceased
Section 231(4) provides that, “Any compensation owing or accrued to a worker
for a period not longer than 3 months before the worker’s death may, at the
discretion of the Board, be paid to a surviving spouse or a person who takes
charge of the funeral arrangements, free from debts of the deceased.”
R.S.B.C. 2019, c. 1.
#49.00 INCAPACITY OF A WORKER

For the purposes of the compensation provisions of the Act, section 121
provides:
(a) a worker who is a minor has the capacity of a person who

has reached 19 years of age, and
(b) no other person has a cause of action or right to

compensation for the personal injury or disablement of the
worker except as expressly provided in the compensation
provisions.
May 2020 Volume II

7 –14
An exception is made by section 231(1) of the Act which provides in part:
In the case of payments of compensation to
(a) a minor, or
(b) a person of unsound mind who the Board considers

incapable of managing the person’s own affairs,
the payments may be made to the person that the Board considers best
qualified in all the circumstances to administer the payments, whether or
not that person is the legal guardian of the person in respect of whom the
payment is being made.
Compensation benefits due to a worker, where a public trustee has been

appointed, will be issued in the name of the worker but sent to the public trustee.
R.S.B.C. 2019, c. 1.
#49.10 Worker Receiving Custodial Care in Hospital

Section 231(2) provides that if an injured worker is receiving custodial care in a
hospital or elsewhere, periodic payments of compensation due to the worker may
be dealt with as follows, regardless of the date of the injury:
(a) in a case of temporary disability of the worker, the payments

may be
(i) applied to the maintenance of a home to which the

worker is likely to return on the worker’s recovery, or
(ii) accumulated by the Board for payment to the worker

on the worker’s recovery;
(b) in a case of permanent disability of the worker, the payments

may be applied toward the cost of the worker’s maintenance;
(c) in any case, the payments may be paid to or for the benefit
of
(i) the worker, to the extent the worker is able to make

use of the compensation for personal needs or is able
to manage the worker’s own affairs, or
(ii) any person who is dependent on the worker for

support.

7 – 15
Section 231(3) provides that in the case of permanent disability where the Board
applies the payments toward the costs of the worker’s maintenance, if the worker
is conscious, the Board must pay to the worker, or for the use of the worker, a
comfort allowance of at least the amount set out below out of each periodic
payment.
January 1, 2019 ― December 31, 2019 $248.45


R.S.B.C. 2019, c. 1.
#49.11 Meaning of Custodial Care in Hospital or Elsewhere in

Section 231(2)
Section 231(2) applies if an injured worker is receiving “custodial care in a
hospital or elsewhere”.
“Custodial care” requires that the worker be undergoing a voluntary or involuntary

stay in, and be receiving care from, a hospital or other similar institution. Only
long-term or permanent residence in a hospital or similar institution could amount
to “custodial care”. It does not cover periodic stays in hospital which a worker
might have to undergo for the purpose of surgery or other treatment.
A worker is not considered to be receiving “custodial care” when confined to

prison or other corrective institution. While the worker might be said to be in
involuntary custody, it is not felt that the worker is undergoing “care” for the
purpose of the section. The case would be different if the prison or corrective
institution were also a hospital. The Board has authority under section 232(1) of
the Act to discontinue the compensation of workers confined to prison. (See
policy item #49.20.)
CROSS REFERENCES: Policy item #49.20, Imprisonment of Worker, of the Rehabilitation
R.S.B.C. 2019, c. 1.
#49.12 Nature of the Board’s Authority under Section 231(2)

Section 231(2) clearly confers a discretionary power on the Board with one
limitation in the case of a conscious worker with a permanent disability, as
addressed by section 231(3).

7 – 16
In exercising the discretion, the Board is free to choose any of the applicable
alternatives listed, without regard to the order in which they are set out. There is
no obligation on the Board to give any priority to any of the alternative choices
set out in the section.
In exercising its discretion under section 231(2), the Board has set its own
priorities for the application of the various alternatives in relation to the sub-
paragraphs of section 231(2) in policy item #49.13, below.
CROSS REFERENCES: Policy item #49.13, Application of Section 231(2) in Cases of
Temporary Disability, of the Rehabilitation Services & Claims
Manual, Volume II.
R.S.B.C. 2019, c. 1.
#49.13 Application of Section 231(2) in Cases of Temporary

Disability
In the case of a worker entitled to temporary disability payments who is receiving
custodial care in a hospital or elsewhere, the Board may take any of the
alternative courses of action set out in subsections 231(2)(a) and 231(2)(c). The
Board’s priorities for applying these alternatives are set out below in paragraphs
1 to 4.
1. Worker able to use compensation for personal needs or to manage

personal affairs
Under section 231(2)(c)(i), the Board may pay the wage-loss benefit
payments to the “worker, to the extent the worker is able to make use of
the compensation for personal needs or is able to manage the worker’s
own affairs.” Priority should normally be given to this alternative. To the
extent able, the worker should make a personal choice as to how much of
the compensation payment to spend on personal needs, how much to
contribute to the home and family, and how much to save.
This provision requires that a judgment be made on an individual basis as

to the amount of money which the worker is able to use or manage for
personal needs. This may be none, all, or part only of the worker’s
compensation payment, since payment is to be made to the worker only to
the “extent” that the worker is capable of using or managing it.
A distinction is drawn between the amount the worker can use for
personal needs and the amount that the worker can manage. A worker
may be capable of managing an amount greater than what can be used
for personal needs. On the other hand, there may be the capacity to
handle small amounts of money to purchase personal comforts without the
worker having any capacity to further manage personal affairs. Where

7 – 17
there is an entitlement to wage-loss benefits, these are to be paid in an
amount the worker is capable of using for personal needs or in an amount
the worker is capable of managing, whichever is greater. Any balance
remaining after payment is made to the worker will be applied under
alternatives 2 to 4 below.
2. Person dependent on the worker for support
Under section 231(2)(c)(ii), the Board may pay the wage-loss benefit
payments to “any person who is dependent on the worker for support”.
Any balance remaining after payment has been made to the worker under
alternative 1 will normally be paid to any dependants living with, and being
maintained by, the worker.
Where a person who is dependent on the worker for support lives

separate from the worker, payments will be made to the dependant only to
the extent that that person was maintained by the worker. Therefore, if
the worker was making a regular payment to the dependant, whether
voluntarily or by virtue of a separation agreement or court order, the
amount of that payment will be paid to the dependant by the Board.
Where the worker was making no regular payments or not complying with
a separation agreement or court order, judgment must be made as to the
amount that would have been paid to the dependant had the worker been
capable of managing personal affairs.
If compensation is payable to the worker’s children under this provision, it

may be paid to a foster parent or home or other person or institution
looking after them.
Where compensation is paid under alternative 1 on the basis that the

worker is capable of managing the worker’s own affairs but the worker
does not support the worker’s spouse and the worker’s children, the Board
may be able to divert all or part of the worker’s compensation to the
worker’s spouse or children under section 232(3) of the Act. (See policy
item #48.30.)
3. Maintenance of a home
The Board may apply the worker’s temporary disability wage-loss benefit
payments to the “maintenance of a home to which the worker is likely to
return on the worker’s recovery”. Where payments are made to the
worker under alternative 1 above on the basis that the worker can manage
personal affairs, or are made to the dependants living with the worker
under alternative 2, it is expected that the worker or dependants will use
the money to maintain their home. Alternative 3 should only be of
relevance when the worker is incapable of managing the property alone
and there are no dependants living under the same roof.

7 – 18
Payments for the maintenance of the worker’s home should normally be
made to the person who is managing the property on the worker’s behalf.
The Board should not normally undertake the management of a worker’s
property.
4. Accumulation of balance
Wage-loss benefit payments may be “accumulated by the Board for

payment to the worker on the worker’s recovery”. Any balance remaining
after payments have been made under alternatives 1 to 3 set out above
should be accumulated until the worker has recovered the capacity to
manage personal affairs. The accumulations should then be paid to the
worker either as a lump sum or, if this is in the worker’s best interests, by
instalments over a period of time.
CROSS REFERENCES: Policy item #48.30, Worker Not Supporting Dependants, of the
R.S.B.C. 2019, c. 1. The principles for this policy were derived
from Workers Compensation Reporter Series Decision No. 247
(1977), 3 W.C.R. 127.
#49.14 Application of Sections 231(2) and 231(3) in Cases of

Permanent Disability
In the case of a worker entitled to permanent disability benefit payments who is
receiving custodial care in a hospital or elsewhere, the Board may take any of the
alternative courses of action set out in subsections 231(2)(b), 231(2)(c)(i), and
231(2)(c)(ii).The Board’s priorities for dealing with these cases are set out below.
1. Worker able to use money for personal needs
Under section 231(2)(c)(i), permanent disability payments will in the first

place be paid to the worker to the extent that the worker is capable of
using them for personal needs. If a worker is capable of handling greater
sums than required for personal needs, section 231(2)(c)(i) authorizes the
Board to pay these greater amounts to the worker and this is the practice
of the Board in the case of temporary disability. However, in the case of
permanent disability, the exercise of this authority would conflict with the
object of the section to prevent the accumulation of estates. It is not,
therefore the Board’s practice to pay more to the permanently disabled
worker than required for personal needs.
May 2020 Volume II

7 –19
2. Person dependent upon the worker for support
Any balance remaining after the application of alternative 1 above will be

applied for the benefit of any dependants of the worker according to the
same principles as for temporary disability.
3. Maintenance costs
Any balance remaining after the application of alternatives 1 and 2 above

will be applied toward the cost of the worker’s maintenance. This applies
to the full cost of custodial care, not just the value of the worker’s room
and board. It only applies when the Board is paying the cost of
maintenance as part of the costs of a compensation claim.
If a worker is conscious and compensation is being applied toward the cost of

maintenance, the worker must receive a comfort allowance of a minimum amount
which is subject to cost of living adjustments as described in policy item #51.20.
The amount of this minimum is set out in policy item #49.10. Comfort allowance
is interpreted to mean the monies payable to the worker under alternative 1
above which the worker is able to use for personal needs. The result is that if
the worker is conscious, the minimum amount payable for personal needs is the
amount set out in policy item #49.10.
Any balance remaining after payment of the cost of maintenance will be paid to
the worker to the extent the worker is able to manage personal affairs. To the
extent the worker is not able, it will be paid to the person who is best qualified to
administer it under the terms of section 231(1) of the Act.
CROSS REFERENCES: Policy item #49.10, Worker Receiving Custodial Care in Hospital;
Policy item #49.13, Application of Section 231(2) in Cases of
Temporary Disability;
Policy item #51.20, Dollar Amounts in the Act, of the
R.S.B.C. 2019, c. 1.
#49.15 Application of Section 231 on a Change of Circumstances

A situation may arise where the compensation of a worker receiving custodial
care is being applied to the cost of maintenance, but the worker becomes able to
leave the hospital and live at home. Section 231(2)(b) would then cease to have
any application so that it would be necessary to resume periodic payment of the
worker’s permanent disability benefits. However, the worker would not be
entitled to receive the payments previously applied to the cost of maintenance.
If, following departure from custodial care, the worker remains incapable of
handling personal affairs, consideration should be given to the application of
section 231(1).
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7 –20
It may also happen that what was initially thought to be a temporary disability
might turn out to be permanent. As soon as this is definitely known,
consideration should be given to using any part of the periodic payments not
required for the worker’s personal needs or dependants’ needs, for the cost of
maintenance. This would only apply to future compensation payments.
R.S.B.C. 2019, c. 1.
#49.20 Imprisonment of Worker
This policy deals with the application of subsections 232(1) and 232(2). In
considering the payment of compensation under this policy, regard must be given
the individual circumstances of the case.
Subsections 232(1) and (2) of the Act provide, in part:
(1) If a worker is confined to prison, the Board may cancel, withhold or

suspend the payment of compensation for the period the Board
considers advisable.
(2) If compensation is withheld or suspended under subsection (1), the

Board may pay the compensation or any portion of it to
(a) the worker’s spouse or the worker’s children, or
(b) a trustee appointed by the Board, who must use the

payment for the benefit of the worker, the worker’s spouse or
the worker’s children.
Subsections 232(1) and (2) apply where it is determined that a worker who is
receiving benefits is subsequently incarcerated in any place used to confine
persons in the course of the administration of the criminal justice system. The
section does not apply to situations where a worker is injured while incarcerated.
In applying subsections 232(1) and (2), the following definitions apply:
Cancel: to terminate compensation payments for the period considered

advisable – the payments otherwise payable during the period of
cancellation are permanently lost to the worker – the payments cannot be
redirected.
Suspend: to temporarily terminate compensation payments – the

payments are not accumulated by the Board for the worker but may be
redirected during the temporary stop in accordance with section 232(2).

7 – 21
Withhold: to temporarily hold back compensation payments – the
payments may be accumulated by the Board and paid to the worker upon
release from prison, or may be redirected during the temporary hold back
in accordance with section 232(2).
The general rule is that vocational rehabilitation benefits will be cancelled during
the period of incarceration while the worker is unable to participate in the
vocational rehabilitation program. One exception, however, applies to a worker
who is entitled to permanent total disability benefits under section 194(1) who
requires vocational rehabilitation services and supports due to the nature of the
disability.
Health care benefits will generally continue to be paid during incarceration.
Wage-loss benefits (sections 191 and 192) will be suspended during the period
of incarceration as there is considered to be no loss of earnings during
incarceration. These benefits may be paid, in whole or in part, to the worker’s
spouse or the worker’s children, or to a trustee appointed by the Board to use the
payment for the benefit of the worker, the worker’s spouse or the worker’s
children. If not redirected, these benefits are permanently lost during the period
of incarceration.
Permanent disability benefit periodic payments based on the loss of function

method of assessment (sections 194 and 195) will either continue to be paid or
be withheld during the period of incarceration. If withheld, these benefits may be
paid, in whole or in part, to the worker’s spouse or the worker’s children, or to a
trustee appointed by the Board to use the payments for the benefit of the worker,
the worker’s spouse or the worker’s children. Benefits neither paid to the worker
nor redirected will be paid to the worker on release.
Permanent disability benefit periodic payments based on the projected loss of

earnings method of assessment (section 196) will be suspended during the
period of incarceration. These benefits may be paid, in whole or in part, to the
worker’s spouse or the worker’s children, or to a trustee appointed by the Board
to use the payment for the benefit of the worker, the worker’s spouse or the
worker’s children. If not redirected, these benefits are permanently lost during
the period of incarceration; however, the worker will be entitled, during the period
of confinement, to the section 195 benefits the worker would have been granted
had there been no section 196 consideration.
Confinement under section 232(1) only includes those circumstances where the
worker is prevented from seeking or obtaining employment for regular wages
under an employee/employer relationship. Thus, ongoing entitlement to benefits
will be determined once the worker is released on day parole and is no longer
considered to be “confined” to jail or prison.

7 – 22
When an incarcerated worker whose benefits have been cancelled, suspended
or withheld becomes eligible to participate in a work release program, but is
unable to do so because of the effects of a work-caused disability accepted
under the claim, benefits may be reinstated from that point.
The power to redirect payments to dependants is exercised if the worker was

supporting the worker’s spouse or the worker’s children prior to the
imprisonment. The proportion of the compensation paid to the worker’s spouse,
the worker’s children, or a trustee, depends on the number of dependants and
their needs. If the worker was not supporting them, the power is not exercised
unless there is a court order against the worker, in which case the amount
provided for in the order will be paid. The power to pay the compensation to a
trustee for the benefit of the worker depends on the reasonable needs of the
worker while incarcerated.
R.S.B.C. 2019, c. 1.
#49.30 Payment of Public Guardian and Trustee, and

Committee Fees
The Board pays the fees charged to a worker by the Public Guardian and
Trustee or Committee for managing the worker’s entire estate when the following
conditions are met:
1. The worker is incapable of managing the worker’s own affairs and

the Public Guardian and Trustee or Committee administers the
worker’s estate;
2. The worker’s incapacity to manage the worker’s own affairs results

from a compensable injury or disease; and
3. The Public Guardian and Trustee or Committee is appointed to

manage the worker’s affairs under the Public Guardian and Trustee
Act, or the Patients Property Act, or equivalent statute.
The Board will pay the Public Guardian and Trustee and Committee fees in
accordance with the fee schedule established by the Public Guardian and
Trustee. Fees may include the account review fee paid to the Public Guardian
and Trustee by Committees and the accountant’s fees for preparing the account
summaries.
The Board will pay the Committee fees after the Public Guardian and Trustee
has approved the accounts.

7 – 23
R.S.B.C. 2019, c. 1.
#50.00 INTEREST
With respect to compensation matters, the Act provides express entitlement to
interest only in the situations covered by section 312. In this situation, the Board
will pay interest as provided for in the Act (see policy item #100.83).
In all cases where a decision to pay interest is made, the Board will pay simple
interest at a rate equal to the prime lending rate of the banker to the government
(i.e. the CIBC). During the first 6 months of a year interest must be calculated at
the interest rate as at January 1. During the last 6 months of a year interest must
be calculated at the interest rate as at July 1.
For practical reasons, certain mathematical approximations may be used in the

calculations.
The rate of interest provided in this policy will also be used in the calculation of
overpayments as outlined in policy item #48.42.
CROSS REFERENCES: Policy item #48.42, Recovery Procedures for Overpayments;
Policy item #100.83, Implementation of Review Division
Decisions, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
November 25, 2015 − Application statement revised by Board of
Directors Decision No. 2015/11/25-01.
January 1, 2014 – Policy changed to reflect the removal of the
blatant Board error test; effective January 1, 2014.
March 1, 2006 – Amendments made to provide for the payment
of interest to the dependants of deceased workers in respect of
retroactivity of then section 17 payments that are the result of a
blatant Board error; applied to all decisions, including appellate
decisions, made on or after March 1, 2006.
APPLICATION: Applies to all decisions made on or after January 1, 2014 except
where retroactive payments under sections 17, 22, 23, 29 or 30
of the Workers Compensation Act has already been paid and the
initial adjudication on the question of entitlement to interest had
been deferred prior to January 1, 2014.
#51.00 COST OF LIVING ADJUSTMENTS TO PERIODIC

PAYMENTS
Subsections 334(1) and (2) of the Act provide the method for indexing periodic
payments of compensation to a worker. The subsections provide:

7 – 24
(1) The Board must, on or before January 1 of each year,
(a) determine the percentage change in the consumer price

index for Canada, for all items, for the 12-month period
ending on October 31 of the previous year, and
(b) subtract 1% from the percentage change determined under

paragraph (a).
(2) The percentage resulting from calculations made under

subsection (1) must not be greater than 4% or less than 0%.
The Board determines the indexing factor to be applied to periodic payments of

compensation to a worker or a dependant in the following manner:
• The Board compares the consumer price index for October of the
previous year with the consumer price index for October of the year
prior to the previous year.
• One percentage point is subtracted from the percentage change

between these two consumer price indexes.
• If the percentage that results from this subtraction is greater than

4%, it is reduced to 4%. If the percentage that results from this
subtraction is less than 0%, no adjustment to periodic payments of
compensation is made.
The resulting percentage changes determined annually are set out below:
Date Percentage
January 1, 2020 0.864280
The resulting percentage change is applied on January 1 of each year to periodic

payments of compensation made continuously in respect of an injury or a death
occurring more than 12 months before the date of the adjustment.
If the Board starts or restarts periodic payments of compensation on a date more

than 12 months after the date of the worker’s injury or death, section 334(5)
requires the Board to adjust all periodic payments as if payments were made
continuously from the date of injury or death. This means that if payments on a
claim are started or restarted more than 12 months after the injury or death, the
worker or dependant receives the benefit of any cost of living adjustments
occurring in the interim period as if payment had been continuous since the date
of injury or death.

7 – 25
Compensation paid to a worker on or after June 30, 2002 will be indexed
according to section 334 of the Act, irrespective of the date the worker was
injured. However, if the Board is paying a retroactive adjustment of
compensation to a worker who was injured before June 30, 2002, the indexing
rules in section 25 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as it
read immediately before June 30, 2002, apply to the compensation benefits that
should have been paid to the worker before June 30, 2002. Compensation due
to the worker on or after June 30, 2002 will be indexed according to section 334
of the Act.
Effective December 31, 2003, compensation paid to a dependant of a deceased

worker is indexed under section 334 of the Act regardless of the date that the
worker died. However, if the Board retroactively adjusts compensation in respect
of a death that occurred before December 31, 2003, the indexing rules in
section 25.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as it read
immediately before December 31, 2003, apply to the compensation that should
have been paid to the dependant before that date. Compensation owing to the
dependant on or after December 31, 2003 is indexed under section 334 of the
Act.
Authority to approve adjustments under section 334 has been assigned to the
President.
R.S.B.C. 2019, c. 1.
December 31, 2003 – Amended regarding references to benefits
paid to surviving dependants, in accordance with the legislative
changes in the Skills Development and Labour Statutes
Amendment Act, 2003 (Bill 37 of 2003).
APPLICATION: This policy item applies to all periodic payments made to workers
and surviving dependants.
#51.20 Dollar Amounts in the Act

Subject to subsection (2), the Board must adjust every dollar amount
referred to in this Act on January 1 of each year by applying the
percentage change in the consumer price index for Canada, for all items,
for the 12-month period ending on October 31 of the previous year.
The Board determines the percentage change to be applied each January 1 to

dollar amounts in the Act by comparing the consumer price index for October of
the previous year with the consumer price index for October of the year prior to
the previous year.

7 – 26
The resulting percentage changes determined annually are set out below:
Date Percentage
January 1, 2020 1.864280
When the Board makes the adjustments, those dollar amounts referred to in the
Act are deemed to be amended.
These provisions do not apply to the figures referred to in the maximum wage
rate, and other figures referred to in policy item #69.00.
Authority to approve adjustments under section 333 has been assigned to the
President.
Authority has also been assigned to the President to adjust the following
amounts to reflect changes based upon the consumer price index, using the
formula set out in policy of the applicable Item of the Manual:
Amount of Disfigurement Compensation #43.20
Clothing Allowances C10-82.00
Transportation C10-83.00
Subsistence Allowances C10-83.10
Additional Benefits for Severely Disabled Workers C10-84.00
Transfer of Costs #114.11
Funeral and Other Death Expenses C8-54.00
The Board adjusts dollar amounts referred to in Part 4, Division 5 −

Compensation in Relation to Death of Worker, and section 225 of the Act in
accordance with section 333 of the Act. In addition, effective
December 31, 2003, the Board adjusts the dollar amounts referred to in Part 4,
Division 5 − Compensation in Relation to Death of Worker, and section 225 and
Schedule C of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as it read
immediately before June 30, 2002, in accordance with section 333 of the Act.

7 –27
R.S.B.C. 2019, c. 1.
arising from changes to Chapter 10, Health Care, Rehabilitation
December 31, 2003 – Policy amended regarding references to
then sections 17 and 18 of the then Act, as well as dollar
amounts in then sections 17, 18, and then Schedule C of the
Workers Compensation Act, R.S.B.C. 1996, c. 492, as it read
immediately before June 30, 2002.
APPLICATION: This policy item applies to all dollar amounts in the Act.
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7 –28
CLAIMS MANUAL
RE: Compensation on the Death of a Worker − ITEM: C8-52.00

Introduction
BACKGROUND
This policy provides an overview of compensation entitlement on the death of a worker.
2. The Act
Section 1, in part:
“family member”, in relation to a worker, means the following:
(a) a spouse, parent, grandparent, step-parent, child, grandchild,

stepchild, sibling or half-sibling of the worker;
(b) a person, whether related to the worker by blood or not, who stood
in place of a parent of the worker or to whom the worker stood in
place of a parent;
...
Section 134(1):
the worker, compensation as provided under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants] must be paid by the
Board out of the accident fund.
Section 136(1):
Compensation is payable under this Part [Part 4 – Compensation to Injured

Workers and Their Dependants] in relation to an occupational disease, as if the
disease were a personal injury arising out of and in the course of a worker’s
employment, if
(a) as applicable,


C8-52.00
Page 1 of 2
CLAIMS MANUAL

disease, and

employments.
POLICY
Compensation is payable under the Act where the death of a worker arises out of and in
the course of the worker’s employment or is caused by an occupational disease that is
due to the nature of any employment in which the worker was employed.
Compensation is payable to the worker’s dependants or in some cases to non-

dependent family members having a reasonable expectation of pecuniary benefit from
the continuation of the life of the deceased worker.
Compensation on the death of a worker is normally based on the worker’s average net
earnings prior to the date of death. In addition, cost of living adjustments are made to
payments and to the dollar amounts in the Act. Effective December 31, 2003, where a
worker in receipt of a permanent disability benefits dies as a result of the compensable
disability and compensation for one or more dependants is payable, no cost of living
adjustment is applied in the 12 month period following the date of death.

AUTHORITY: Sections 134(1), 136(1), and Part 4, Division 5 – Compensation in
Relation to Death of a Worker, of the Act.
CROSS REFERENCES: Policy item #51.00, Cost of Living Adjustments to Periodic
Payments;
Policy item #51.20, Dollar Amounts in the Act;
Chapter 9 − Average Earnings, of the Rehabilitation Services &
Replaced policy item #52.00 of the Rehabilitation Services &
APPLICATION: This Item applies to the death of a worker on or after
December 31, 2003.
May 2020 Volume II

C8-52.00
Page 2 of 2
CLAIMS MANUAL

Definitions − Meaning of “Dependant”
and Presumptions of Dependency
BACKGROUND
This policy describes who is a “dependant” for the purposes of compensation as a result
of a worker’s death. It also describes the circumstances where it is presumed, without
further investigation, that a spouse or child was a dependant of a worker at the date of
the worker’s death.
2. The Act
Section 1, in part:
“dependant”
(a) means
(i) a family member of the worker who was wholly or partly

dependent on the worker’s earnings at the time of the
worker’s death, or
(ii) a family member of the worker who, but for the worker’s
incapacity due to the accident or occupational disease,
would have been wholly or partly dependent on the worker’s
earnings, and
(b) other than in the following sections, includes a spouse, child or

parent of the worker who satisfies the Board that the spouse, child
or parent had a reasonable expectation of pecuniary benefit from
the continuation of the life of that worker:
(i) section 167 [lump sum payment to dependent spouse or

foster parent];
(ii) section 169 [dependent spouse who is 50 years of age or

older or is incapable of earning, no dependent children];
(iii) section 170 [dependent spouse who is under 50 years of

age and not incapable of earning, no dependent children];

C8-53.00
Page 1 of 4
CLAIMS MANUAL
(iv) section 171 [dependent spouse and one or more dependent

children];
(v) section 172 [one or more dependent children but no

dependent spouse];
(vi) section 173 [dependent parents in addition to spouse or

children];
(vii) section 174 [no dependent spouse or children:

compensation to other dependants];
(viii) section 178 [dependent spouse living apart from worker at

the date of death];
...

in the place of a parent of the worker or to whom the worker stood
in place of a parent;
...
(1) In this Division:
“dependent spouse”, in relation to a deceased worker means a surviving

spouse of the worker who is a dependant of the worker;
(2) If 2 workers are spouses and both are contributing to the support of a
common household, each is deemed to be a dependant of the other.
(3) If parents contribute to the support of a common household at which their
children also reside, the children are deemed to be dependants of the
parent whose death is compensable under this Part [Part 4 of the Act –
Compensation in Relation to Death of a Worker].

C8-53.00
Page 2 of 4
CLAIMS MANUAL
POLICY
1. Meaning of Dependant
The term “dependant” means a family member of a worker who was wholly or partly
dependent on the worker’s earnings at the time of the worker’s death, or a family
member of the worker who, but for the worker’s incapacity due to the accident or
occupational disease would have been wholly or partly dependent on the worker’s
earnings. In certain limited situations, as discussed in Item C8-56.70, a spouse, parent,
child, or other family member who satisfies the Board that he or she had a reasonable
expectation of pecuniary benefit from the worker if the worker had not died, may also be
entitled to compensation.
Section 1 of the Act defines who is a family member in relation to a worker.
Only the family members of a worker may be found to be the worker’s dependants.
Thus, a former spouse does not qualify as a dependant of a deceased worker because
the former spouse is not considered a family member of the worker under the Act.
Dependency does not exist simply because the claimant is a family member of the
worker. There must be evidence that, at the time of the worker’s death, the claimant
was actually wholly or partly dependent on the worker’s earnings.
Except in respect of the provision discussed in Item C8-56.70, a reasonable expectation

of pecuniary benefit from the continuation of the life of the worker is not itself sufficient
to constitute dependency.
The above principles also apply where the claimant is a child. In the case of a child who
was unborn at the date of the worker’s death, once paternity is established, the fact that
the worker would have been under an obligation to support the child is evidence to
warrant an inference that that person would have supported the child, and should be
accepted as proof of dependency unless it is controverted by evidence to the contrary.
If it is found that the worker was supporting the mother at the time of death, that is also
evidence from which an inference may be drawn that that person would have supported
the child.
Dependency is determined at the date of death. Changes of circumstances after the

death, for instance, the marriage of a child, do not affect the status of a person as a
dependant.
2. Presumptions of Dependency
If two workers are spouses and both are contributing to the support of a common
household, each is deemed to be a dependant of the other.

C8-53.00
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CLAIMS MANUAL
If parents contribute to the support of a common household at which their children also
reside, the children are deemed to be dependants of the parent whose death is
compensable.
For a common household to exist it is not necessary that there be a constant 24-hour-a-
day presence by both parties in the house. There are many reasons why one party to a
marriage would leave the house for different periods which would not affect the
existence of the common household. However, this only applies when the absences
are consistent with the normal continuation of the marriage. The common household
will come to an end when there is some kind of separation of the parties which brings
into question the continued existence of the marriage. For example, if one party deserts
the other or, because of difficulties in the marital relationship, a separation agreement or
court order comes into being.
A prospect of reconciliation is not sufficient to establish that a common household

existed. This might indicate a possibility of the common household again coming into
existence at a future time, but does not alter the fact that there was no such household
in existence at the time of the worker’s death.

CROSS REFERENCES: Item C8-56.70, Compensation on the Death of a Worker –
Calculation of Compensation – Persons with a Reasonable
Expectation of Pecuniary Benefit, of the Rehabilitation Services &
R.S.B.C. 2019, c. 1.
with legislative amendments to the then Act.
November 24, 2011 − Housekeeping changes made in
March 22, 2004 – Typographical correction made, not intended to
change substantive decision-making.
December 31, 2003 – This Item replaced policy items #54.00 and
#54.10 of the Rehabilitation Services & Claims Manual,
Volume II, to implement the legislative amendments contained in
the Skills Development and Labour Statutes Amendment Act,
2003 (Bill 37 of 2003).
December 31, 2003.
May 2020 Volume II

C8-53.00
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Definitions − Meaning of “Spouse”
BACKGROUND
This policy describes who is a “spouse” for the purposes of compensation as a result of
a worker’s death.
2. The Act
Section 1, in part:
“dependant” – See Item C8-53.00.
“spouse” means a person who
(a) is married to another person, or
(b) has lived with another person in a marriage-like relationship for
(i) a period of at least 1 year, if the person has had a child with
the other person, or
(ii) a period of at least 2 years in any other case;
“surviving spouse” means a person who was a spouse of a worker when the
worker died;
...
(1) In this Division [Division 5 of Part 4 of the Act – Compensation in Relation

to Death of Worker].
“dependent spouse”, in relation to a deceased worker, means a surviving

...

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POLICY
1. Meaning of Spouse
A “spouse” means a person who
(i) a period of at least 1 year, if the person has had a child with the
other person, or
(ii) a period of at least 2 years in any other case.
The phrase “marriage-like relationship” is interpreted to mean a common-law

relationship, and describes situations in which two people are living together in a regular
and established way, sharing conjugal relations and a common household.
A person is not excluded from being a common-law spouse of one person simply
because the person is legally married to another.
The phrase “had a child with the other person” means that children must be born of the
relationship between the worker and the common-law spouse or be adopted by the
worker and the common-law spouse. The fact that children have been brought into the
relationship from a previous relationship is not sufficient. However, such children may
have claims in their own right as children of the deceased, even if brought into the
relationship by the common-law spouse.
2. Surviving Spouse
A surviving spouse is a person who was a spouse of a worker when the worker died. A
surviving spouse may be a married spouse or a common-law spouse of a worker.

CROSS REFERENCES: Item C8-53.20, Compensation on the Death of a Worker Definitions –
Meaning of “Child” or “Children”;
Item C8-56.00, Compensation on the Death of a Worker – Calculation of
Compensation – Dependent Spouse with Children;
Compensation – Persons with a Reasonable Expectation of Pecuniary
Benefit, of the Rehabilitation Services & Claims Manual, Volume II.

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New Item consequential to the Family Law Act (Bill 16 of 2011), which
introduced definitions of spouse and surviving spouse to then section 1
of the Act.
APPLICATION: This Item applies to the death of a worker that occurs on or after
March 1, 2012.

C8-53.10
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Definitions − Meaning of “Child” or “Children”
BACKGROUND
This policy explains the meaning of “child” for the purposes of determining entitlement to
compensation following the death of the worker.
2. The Act
Section 1, in part:

place of a parent;
worker died;
...
Section 165:

to Death of a Worker]:
“child” in relation to a deceased worker, means a child of the worker who
(a) is under 19 years of age, including a child who was not yet born at
the date of the worker’s death,
(b) is under 25 years of age and regularly attends an academic,

technical or vocational place of education,
(c) is a child of any age who, at the date of the worker’s death, had a
physical or mental disability that resulted in the child being
incapable of earning, or

C8-53.20
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(d) at the date of the worker’s death was not a child described in
paragraph (c) but became such a child before otherwise ceasing to
be entitled to compensation under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants];
...
POLICY
1. Meaning of “Child” or “Children”
A “child” of the deceased worker includes a person to whom the worker stood in place
of a parent at the date of the worker’s death. “Child” also includes an unborn child of
the deceased worker. These concepts are discussed below in Sections 2 and 3 of this
Item.
To be eligible for compensation as a result of the death of a worker, a child must satisfy
one of the four following requirements. The child must be a child of the worker who
(a) is under 19 years of age, including a child who was not yet born at the
date of the worker’s death,
(b) is under 25 years of age and regularly attends an academic, technical or

vocational place of education,
(c) is a child of any age who, at the date of the worker’s death had a physical
or mental disability that resulted in the child being incapable of earning, or
paragraph (c) but became such a child before otherwise ceasing to be
entitled to compensation.
2. Worker Stood in Place of a Parent to a Child
The decision of whether a deceased worker stood in place of a parent to a child will
depend in each case, on the particular circumstances of the claim. Generally, the
evidence will have to show that the worker acted as, and assumed the responsibility of,
a parent of the child. Normally, the worker will have been living with and maintaining
the child, but it may be possible to establish such a relationship even where they were
not living in the same household.
The evidence must show that the relationship where the worker stood in place of a
parent to the child continued to exist right up to the date of death. It is not sufficient
simply to establish that such a relationship existed at some past time. There is no
presumption under the Act that, once a situation where a worker stood in place of a
C8-53.20
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parent to a child is found to have existed, it must be deemed to have continued unless
and until there is evidence to the contrary.
3. Unborn Children
Under section 165 of the Act, a “child” includes a child who was not yet born at the date
of the worker’s death. To be considered an unborn child of the deceased worker, the
child must have been conceived before the worker’s death. If the pregnancy occurs
after the worker’s death, for instance through scientific intervention, the unborn child will
not be considered a “child” of the deceased worker for the purposes of compensation
under the Act.
Compensation payable in respect of an unborn child of a deceased worker commences

from the date of death of the worker, and not from the date of the child’s birth. If the
child is stillborn, the provision set out in Item C8-57.00 applies as from the date of birth.
Under the Canada Pension Plan, a surviving spouse who is pregnant at the date of the
worker’s death receives a pension for the child from the first day of the month in which
the child is born. The amount of workers’ compensation payments will be adjusted
when the child is born according to the Canada Pension Plan benefits then being
received.
4. Children with a Physical or Mental Disability
A child of the deceased worker is entitled to compensation at any age in two situations:
• if, at the date of the worker’s death, the child had a “physical or mental” disability
that results in the child being “incapable of earning”; or
• if the child becomes “incapable of earning” because of a physical or mental

disability before otherwise ceasing to be entitled to compensation.
In these cases, “incapable of earning” means the person is not physically or mentally
capable of independently supporting himself or herself financially. A person who has a
physical or mental disability, but is capable of independently supporting himself or
herself financially does not satisfy this definition of “child” under the Act. A temporary
physical or mental incapacity to earn is not sufficient to determine that a person is a
“child” for the purpose of receiving compensation for the death of a worker.
5. Regularly Attends an Academic, Technical or Vocational Place of

Education
This Item applies to a child who has reached 19 years of age, but is under 25 years of
age, and who regularly attends an academic, technical or vocational place of education.

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There is no requirement that attendance at the place of education must be full time or at
a certain time of day. For instance, a child who works during the day may attend school
at night. However, this is subject to the nature of the course being taken. If, for
example, all that is being done by the child is attending a single course, one night per
week, which may lead to a degree in 10 years or so, it might be difficult to conclude that
the child was “regularly attending” a place of education.
Correspondence courses taken at home are not sufficient. The only possible exception
might be if the period of home study is temporary and the child intends to return shortly
to a place of education.
Apprenticeships do not qualify since they involve practical work in a work place as
opposed to attending a place of education.
When a child reaches 19 years of age, the surviving spouse and/or the child are
contacted with regard to plans for continuing education. If the child plans to continue
education, the child is advised that compensation will be paid until 25 years of age,
including summer months, as long as the child pursues the education.
Temporary absences from school will not cause a discontinuation of compensation

payments as long as the Board is satisfied that there is a clear intention to eventually
return to the educational program. In the absence of fraud or misrepresentation, no
overpayment will be declared if the child, in fact, does not return to school.

Recalculation of Compensation on a Change in Circumstances;
Item C8-53.00, Compensation on the Death of a Worker –
Definitions – Meaning of Dependant and Presumptions of
Dependency;
Calculation of Compensation – Dependent Spouse with Children;
Calculation of Compensation – Children, of the Rehabilitation
June 30, 2002 – This Item replaced policy items #55.25, #58.10,
#58.11, #58.12, #58.13, #58.14 of the Rehabilitation Services &
June 30, 2002.

C8-53.20
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Definitions − Meaning of “Federal Benefits”
BACKGROUND
This policy explains the meaning of “federal benefits”. In certain situations, the Act
directs that 50% of federal benefits payable for a dependent spouse and/or children be
deducted from compensation payable to them.
2. The Act
“federal benefits” means the benefits paid for a dependant under the Canada
Pension Plan as a result of a worker’s death, other than the death benefit
payable to the estate of a worker under section 57 [death benefit] of that Act.
POLICY
Meaning of “Federal Benefits”
The Act defines the term “federal benefits” as benefits paid for a dependant under the
Canada Pension Plan (“CPP”) as a result of a worker’s death. This means the
“survivor’s pension” and/or “children’s benefits” paid under the CPP. “Federal benefits”
do not include the death benefit that is payable to a worker’s estate under the CPP.

Calculation of Compensation – Dependent Spouse with Children;
Calculation of Compensation – Dependent Spouse with No Children;
June 30, 2002 − Replaced policy item #55.24 of the Rehabilitation

C8-53.30
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APPLICATION: This Item applies to the death of a worker on or after June 30, 2002.

C8-53.30
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Funeral and Other Death Expenses
BACKGROUND
This policy establishes the amount the Board will pay for funeral and other death
expenses following the death of a worker. It also describes who is eligible to receive
payments for these expenses.
2. The Act
Section 166:
(1) The following apply if compensation is payable under this Part [Part 4 –
Compensation to Injured Workers and Their Dependants] as the result of
the death of a worker or of injury resulting in such death:
(a) in addition to any other compensation payable under this Division

[Division 5 of Part 4 of the Act – Compensation in Relation to Death
of Worker], the Board must pay an amount in respect of funeral and
related expenses, as determined in accordance with the policies of
the board of directors;
(b) the employer of the worker must bear the cost of transporting the
body to the nearest business premises where funeral services are
provided;
(c) if burial does not take place at the premises referred to in

paragraph (b), the Board must pay the costs of any additional
transportation, up to a maximum determined in accordance with the
policies of the board of directors.
(2) No action for an amount greater than that established under

subsection (1) lies in respect of the funeral, burial or cremation of the
worker or related cemetery charges.

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POLICY
1. Funeral and Other Death Expenses
If compensation is payable as the result of the death of a worker or of injury resulting in

such death, in addition to any other compensation payable, the Board pays an amount
in respect of funeral and related expenses. The maximum amount payable for funeral
and related expenses is set out below.
The employer of the worker is required to bear the cost of transporting the body to the
nearest business premises where funeral services are provided, and if burial does not
take place at the nearest business premises where funeral services are provided, the
Board may pay the cost of any additional transportation, up to the maximum set out
below.
Funeral and Transportation

Related of Body
Expenses
January 1, 2019 – December 31, 2019 $9,495.30 $1,500.19
January 1, 2020 – December 31, 2020 $9,672.32 $1,528.16
Effective December 31, 2003, the above figures are adjusted annually on January 1 of
each year. The percentage change in the consumer price index determined under
section 333 of the Act, as described in policy item #51.20, is used.
No action for an amount greater than that established by the above provisions lies in
respect of the funeral, burial, or cremation of the worker or related cemetery charges.
2. Person to Whom Expenses are Paid
Payment of funeral and related expenses is made to the most eligible person or
persons, as determined by the Board. In determining whom to pay, the Board considers
who has incurred the cost of funeral and related expenses, or who has undertaken to
meet those payments.
Where the funeral and related expenses are less than the maximum provided in this
Item, the Board pays only the actual amount of funeral and related expenses.
Once the Board has paid out the maximum amount provided in this Item to one or more
persons, the Board does not consider any other claims for funeral and related
expenses.

C8-54.00
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AUTHORITY: Section 166 of the Act
CROSS REFERENCES: Policy item #51.20, Dollar Amounts in the Act, of the Rehabilitation
December 31, 2003 − Replaced policy items #53.00 and #53.10,
December 31, 2003.

C8-54.00
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Lump Sum Payment
BACKGROUND
This policy describes the provision of a lump sum payment to an eligible dependent
spouse or foster parent.
2. The Act
Section 167:
In addition to any other compensation provided, a dependent spouse or foster

parent in Canada to whom compensation is payable is entitled to a lump sum of
$2 856.72.
POLICY
Lump Sum Payment
A dependent spouse or foster parent in Canada to whom compensation is payable as a

result of a worker’s death is also entitled to a lump sum payment as follows:
January 1, 2019 ― December 31, 2019 $2,804.44
Payment of this amount is made as soon as the claim is accepted.

C8-55.00
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CROSS REFERENCES: Policy item #51.20, Dollar Amounts in the Act, of the Rehabilitation
December 31, 2003 − Replaced policy item #55.10 of the
December 31, 2003.

C8-55.00
Page 2 of 2
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Calculation of Compensation –
Dependent Spouse with Children
BACKGROUND
This policy describes how compensation as a result of a worker’s death is calculated for
a dependent spouse with dependent children.
2. The Act
Section 1, in part:
worker died;
...
Section 165:

to Death of Worker]:
“child”, in relation to a deceased worker, means a child of the worker who
(a) is under 19 years of age, including a child who was not yet born at
the date of the worker’s death,
(b) is under 25 years of age and regularly attends an academic,

technical or vocational place of education,
(c) is a child of any age who, at the date of the worker’s death, had a
physical or mental disability that resulted in the child being
incapable of earning, or
paragraph (c) but became such a child before otherwise ceasing to
be entitled to compensation under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants];

C8-56.00
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parent whose death is compensable under this Part [Part 4 –
Compensation to Injured Workers and Their Dependants].
Section 168:
(1) Subject to subsection (2), if compensation is payable as the result of the

death of a worker or of injury resulting in such death, the Board must pay
compensation to the dependants of the deceased worker in accordance
with this Division [Division 5 of Part 4 of the Act – Compensation in
Relation to Death of Worker].
(2) Unless a shorter period applies under this Division [Division 5 of Part 4 of
the Act – Compensation in Relation to Death of Worker], the Board must
make periodic payments under this Division for the life of the person to
whom the payment is to be made.
Section 171:
(1) This section applies if a deceased worker leaves a dependent spouse and
one or more child dependants.
(2) Subject to subsection (4), if the dependants are a dependent spouse and
one child dependant, the Board must make a monthly payment of an
amount that, when combined with 50% of the federal benefits payable to
or for the dependants referred to in subsection (1), would equal 85% of the
monthly rate of compensation under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants] that would have
been payable if the deceased worker had, at the date of death, sustained
a permanent total disability.
(3) Subject to subsection (4), if the dependants are a dependent spouse and
2 or more child dependants, the Board must make a monthly payment of
an amount that, when combined with 50% of the federal benefits payable
to or for those dependants, would equal the total of
C8-56.00
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CLAIMS MANUAL
(a) the monthly rate of compensation under this Part [Part 4 of the Act
– Compensation to Injured Workers and Their Dependants] that
would have been payable if the deceased worker had, at the date
of death, sustained a permanent total disability, and
(b) if there are more than 2 child dependants, $371.21 per month for
each child dependant beyond that number.
(4) The minimum compensation payable under this section must be the
compensation that would be payable if the compensation were calculated
under this section in respect of a deceased worker with average earnings
of $39 992.98 per year.
POLICY
This Item applies to a dependent spouse and one or more child dependants. A
surviving spouse and children who were not dependent upon the worker’s earnings at
the time of the worker’s death may be entitled to compensation under Item C8-56.70.
1. Calculation of Compensation – Dependent Spouse with One Child

Dependant
The monthly payment for a dependent spouse with one child dependant is calculated as
follows:
(I) The Board determines 85% of the monthly rate of compensation that
would have been payable if the deceased worker had, at the date of
death, sustained a permanent total disability, subject to the minimum
provided in Section 4 of this Item.
(II) The Board then deducts an amount equal to 50% of the federal benefits
payable to or for those dependants.
The example below describes the monthly payment that would be payable for a
dependent spouse and one child dependant, where the worker died on April 6, 2020
with an average net earnings of $60,000 per year.

C8-56.00
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(I) The Board determines 85% of the monthly rate of compensation
A. Monthly permanent total 90% x 60,000 = 4,500

disability benefits rate at date of 12
death
B. 85% of A 85% of A = 3,825
Maximum compensation 85% x 4,500 = 3,825

entitlement (Board and federal
benefits)
(II) The Board deducts an amount equal to 50% of federal benefits
C. Federal benefits for dependent CPP rate set = 638.28

spouse each year
D. Federal benefits for child 1 x CPP rate set = 255.03

dependant each year
E. Total federal benefits C+D = 893.31

(dependent spouse and child) (638.28+255.03)
F. 50% of total federal benefits 50% of E = 446.65

(50% x 893.31)
G. Total Board monthly payments B − F =

payable (B less F) 3,825 446.65 3,378.35
2. Calculation of Compensation – Dependent Spouse with Two or More Child

Dependants
The monthly payment for a dependent spouse and two or more child dependants is
calculated as follows:
(I) The Board adds:
(a) the entire monthly rate of compensation that would have been
payable if the deceased worker had, at the date of death, sustained
a permanent total disability, subject to the minimum provided in
section 4 of this Item, and

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(b) the following amount per month for each child dependant beyond
two in number.
payable to or for those dependants.
dependent spouse and three child dependants, where the worker died on April 6, 2020,
with an average net earnings of $60,000 per year.
(I) The Board determines 100% of the monthly rate of compensation, plus the
additional amount for extra dependants
A. Monthly permanent total 90% x 60,000 = 4,500

death
B. Additional amount for third child See section 171(3)(b) = 371.21

dependant under
section 171(3)(b)
C. Total monthly compensation A+B = 4,871.21

rate (A plus B) and
Maximum compensation 4,500 + 371.21 = 4,871.21
benefits)
(II) The Board deducts an amount equal to 50% of federal benefits
D. Federal benefits for dependent CPP rate set each = 638.28

spouse year
E. Federal benefits for child 3 x CPP rate set each = 765.09

dependants year
(3 x 255.03)

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F. Total federal benefits D+E = 1,403,37

(dependent spouse and
children)
G. 50% of total federal benefits 50% x F
(50% x 1,403.37) = 701.69
H. Total Board monthly payments C − G = 4,169.52

payable (C less G) 4,871.21 701.69
3. Change in Federal Benefits
If the Board receives evidence of a change in a dependant’s entitlement to federal

benefits, the amount of federal benefits deducted from the compensation for that
dependant is adjusted accordingly. For instance, if the Board receives evidence that
children’s benefits under the Canada Pension Plan have been terminated, the amount
of federal benefits deducted from the compensation for that child will be adjusted. The
adjustment takes effect as of the date of the change in federal benefits.
4. Minimum Monthly Payments
The minimum monthly payment under this Item must not be less than the amount that
would be payable if, at the date of death, the deceased worker had the following
average earnings:

5. Commencement of Compensation
Compensation under this Item commences on the day after the date of the worker’s
death.
6. Duration and Recalculation of Compensation
Compensation for a dependent spouse is payable for life.
Compensation for a dependent spouse with one or more child dependants is

recalculated in accordance with Item C8-57.00 as each child ceases to meet the
requirements, described in Item C8-53.20, to be eligible for compensation as a “child” of
the deceased worker.

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Compensation for a dependent child is recalculated under Item C8-57.00 if the

dependent spouse dies before the children cease to meet the requirements, as
described in Item C8-53.20, to be eligible for compensation as “children” of the
deceased worker.

Definitions – Meaning of “Dependant” and Presumptions of
Dependency;
Definitions – Meaning of “Spouse”;
Definitions – Meaning of “Child” or “Children”;
Definitions – Meaning of “Federal Benefits”;
Expectation of Pecuniary Benefit;
Recalculation of Compensation on a Change in Circumstances,
R.S.B.C. 2019, c. 1.
June 30, 2002 − Replaced policy items #55.00, #55.20, #55.21,
#55.22, #55.26, #55.60 and #61.60 of the Rehabilitation
June 30, 2002.

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Dependent Spouse with No Children
BACKGROUND
a dependent spouse with no dependent children.
2. The Act
Section 1, in part:
worker died;
...



parent whose death is compensable under this Part [Part 4 of the Act –
Compensation to Injured Workers and Their Dependants].

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Section 169:
(1) This section applies if
(a) a deceased worker leaves a dependent spouse but does not leave
any child dependants, and
(b) at the date of the worker’s death, the dependent spouse
(i) was 50 years of age or older, or
(ii) had a physical or mental disability that resulted in the spouse

being incapable of earning.
(2) Subject to subsection (3), the Board must make a monthly payment of an
or for that dependent spouse, would equal 60% of the monthly rate of
compensation under this Part [Part 4 of the Act – Compensation to Injured
Workers and Their Dependants] that would have been payable if the
deceased worker had, at the date of the worker’s death, sustained a
permanent total disability.
(3) A monthly payment under this section must not be less than $1 199.60.
Section 170:
(a) a deceased worker leaves a dependent spouse but does not leave
any child dependants, and
(b) at the date of the worker’s death, the dependent spouse
(i) was under 50 years of age, and
(ii) did not have a physical or mental disability that resulted in

the spouse being incapable of earning.
(2) Subject to subsection (3), the Board must make a monthly payment of an
or for the dependent spouse, would equal the product of
(a) the percentage determined by subtracting 1% from 60% for each

year that the age of the dependent spouse, at the date of the
worker’s death, is under 50 years of age, and
(b) the monthly rate of compensation under this Part [Part 4 of the Act
– Compensation to Injured Workers and Their Dependants] that
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would have been payable if the deceased worker had, at the date
of death, sustained a permanent total disability.
(3) The percentage determined under subsection (2)(a) must not be less than
30%, and a monthly payment under this section must not be less than
$1 199.60.
Section 187:
(1) This section applies if, at the date of a worker’s death, a dependent
spouse of the worker does not have a physical or mental disability that
results in the spouse being incapable of earning, but does have a disability
that results in a substantial impairment of earning capacity.
(2) The Board may, having regard to the degree of disability or the extent of
impairment of earning capacity, pay the spouse a proportion of the
compensation that would have been payable if the spouse had the
incapacity referred to in subsection (1).
POLICY
This Item applies where there are no dependent children, but there is a dependent
spouse at the time of the worker’s death. A surviving spouse who was not a dependent
spouse may be entitled to compensation under Item C8-56.70.
1. Meaning of Having a “Physical or Mental Disability that Resulted in the

Dependent Spouse Being Incapable of Earning”
Being “physically or mentally incapable of earning” means the dependent spouse is not
capable of independent financial support. A dependent spouse who has a physical or
mental disability, but is capable of independent financial support is not entitled to
compensation under section 169. A temporary physical or mental incapacity to earn is
not sufficient to entitle a dependent spouse to compensation under section 169.
The Board may pay compensation to a dependent spouse under section 187 if, at the
date of a worker’s death a dependent spouse does not have a physical or mental
disability that results in the dependent spouse being incapable of earning, but does
have a disability that results in a substantial impairment of earning capacity. The Board
may, having regard to the degree of disability or the extent of impairment of earning
capacity, pay the dependent spouse a proportion of the compensation that would have
been payable under section 169.

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2. Calculation of Compensation – Dependent Spouse 50 Years of Age or Older

or Incapable of Earning as a Result of Physical or Mental Disability
The monthly payment for a dependent spouse who, at the date of the worker’s death, is
either:
• 50 years of age or over, or
• has a physical or mental disability that results in the spouse being incapable
of earning,
is calculated as the difference between:
(a) 60% of the monthly rate of compensation that would have been payable if
the deceased worker had, at the date of the worker’s death, sustained a
permanent total disability, and
(b) 50% of the federal benefits payable to or for the dependent spouse.
The monthly payment is subject to the minimum amount provided in Section 5 of this
Item.
3. Calculation of Compensation – Dependent Spouse under 50 Years
The monthly payment for a dependent spouse who, at the date of the worker’s death, is
under 50 years of age, and does not have a physical or mental disability that results in
the spouse being incapable of earning, is calculated as follows:
(I) The Board multiplies:
(a) the percentage determined by subtracting one percentage point

from 60%, to a minimum of 30%, for each year that the age of the
dependent spouse, at the date of the worker’s death, is under
50 years of age, by
(b) the monthly rate of compensation that would have been payable if
the deceased worker had, at the date of death, sustained a
permanent total disability.
payable to or for the dependent spouse from the product determined
above.
The monthly payment is subject to the minimum amount provided in Section 5 of this
Item.

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When determining the percentage under (I)(a) above, the Board does not round up the
age of the dependent spouse to the nearest whole number. For instance, a dependent
spouse who is 35 years and 11 months is considered 35, not 36, for the purpose of
determining the percentage to use in establishing compensation.
dependent spouse who, at the date of the worker’s death, has no dependent children, is
35 years old, where the worker died on April 6, 2020, with an average net earnings of
$60,000 per year.
(I) The Board determines the percentage to apply to the monthly rate of
compensation
A. Determination of percentage 50 - 35 = 15%

based on the dependent
spouse’s age
Relevant percentage 60% - 15% = 45%
(II) The Board applies the age percentage to the monthly rate of compensation
B. Monthly permanent total 90% x 60,000 = 4,500

death
C. Product of percentage and 45% x 4,500 = 2,025

monthly permanent total
disability benefits rate
(A times B), which is
maximum compensation = 2,025
benefits)
(III) The Board deducts an amount equal to 50% of federal benefits
D. 50% of federal benefits
Federal benefits for dependent CPP rate set each = 638.28

spouse year
50% of federal benefits 50% x 638.28 = 319.40
E. Total Board monthly payments C − D = 1,705.86

payable (C less D) 2,025 319.14

C8-56.10
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CLAIMS MANUAL
If the Board receives evidence of a change in the entitlement of a dependent spouse to

federal benefits, the amount of federal benefits deducted from the compensation for that
dependant is adjusted accordingly. The adjustment takes effect as of the date of the
change in federal benefits.
The minimum monthly payment for a dependent spouse under this Item is as follows:
The minimum monthly payment is the actual minimum paid by the Board. Federal
benefits are not deducted from this minimum amount.
death.
7. Duration and Recalculation of Compensation
Compensation for a dependent spouse is payable for life.
The amount of compensation payable for a dependent spouse who, at the date of the
worker’s death, had a physical or mental disability that resulted in the spouse being
incapable of earning is recalculated in accordance with Item C8-57.00 if the dependent
spouse ceases to have that disability.

Dependency;
C8-56.10
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CLAIMS MANUAL

Recalculation of Compensation on a Change in Circumstances, of
June 30, 2002 − Replaced policy items #55.23, #55.30, #55.31,
#55.32 and #55.33 of the Rehabilitation Services & Claims
Manual, Volume II.
June 30, 2002.

C8-56.10
Page 7 of 7
CLAIMS MANUAL

Calculation of Compensation −
Spouse Separated from Deceased Worker
BACKGROUND
a separated dependent spouse and any dependent children living with that spouse.
2. The Act
Section 178:
(a) compensation is payable under this Division [Division 5 of Part 4 of

the Act – Compensation in Relation to Death of Worker] in relation
to a worker’s death, and
(b) at the date of death, the worker and a dependent spouse of the
worker were living separate and apart.
(2) If, at the date of the worker’s death, there was in force a court order or
separation agreement providing periodic payments for support of the
dependent spouse, or children living with that spouse,
(a) no compensation under sections 169 to 171 [compensation to

dependent spouse or to dependent spouse and child or children] is
payable to the spouse or children living with the spouse, and
(b) subject to subsection (5), the Board must make monthly payments
in respect of that spouse and those children equal to the periodic
payments due under the order or agreement.
(3) Subject to subsection (5), if
(a) there was no court order or separation agreement described in

subsection (2) in force at the date of the worker’s death, and
(b) the worker and dependent spouse were separated, with the
intention of living separate and apart, for a period of 3 months or
longer preceding that date,
C8-56.20
Page 1 of 5
CLAIMS MANUAL
the Board must make monthly payments up to the level of support the
Board considers the spouse and children would have been likely to
receive from the worker if the death had not occurred.
(a) there was no court order or separation agreement described in

subsection (2) in force at the date of the worker’s death, and
(b) the worker and dependent spouse were living separate and apart
for a period of less than 3 months preceding that date,
compensation is payable as provided in sections 169 to 176 [rules

respecting specific compensation payment].
(5) Compensation payable under this section must not be greater than the
compensation that would have been payable under sections 169 to 176 if
there had been no separation.
POLICY
This Item applies where the worker and dependent spouse, though still married, were
living separate and apart at the date of the worker’s death. It also applies to any
dependent children of the deceased worker who were living with the separated
dependent spouse at the time of the worker’s death.
A spouse, or a child of the deceased worker living with that spouse, who was not wholly
or partly dependent on the worker’s earnings at the time of the worker’s death is not
entitled to compensation under this Item. The spouse or child may, however, be entitled
under Item C8-56.70.
A divorced spouse is not eligible for compensation as a result of the worker’s death. A
divorce does not, however, affect the claim of any children of the marriage, who may be
eligible for compensation under another Item in this chapter.
1. Calculation of Compensation – Court Order or Separation Agreement
If, at the date of the worker’s death, a court order or separation agreement was in force
providing periodic payments for support of the dependent spouse, or children living with
that spouse, monthly compensation equal to the payments due under that order or
agreement are payable.
Section 178(5) of the Act provides that compensation must not be greater than the
compensation that would have been payable under the Act if the worker and spouse
had not been separated at the date of the worker’s death. As a result, the terms of the
C8-56.20
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CLAIMS MANUAL
court order or separation agreement will be followed provided they do not result in a
higher amount of compensation than would be otherwise payable under sections 169 to
176 of the Act if there had been no separation.
It is irrelevant whether the worker was actually meeting his or her obligations under the
court order or separation agreement at the date of death. However, if the worker was in
arrears of support payments at the date of death, the Board will not pay compensation
to cover the amount in arrears.
2. Calculation of Compensation – No Court Order or Separation Agreement
If, at the date of the worker’s death, there was no court order or separation agreement
in force providing payments for support of the dependent spouse, or children living with
the spouse, the length of time during which the worker and spouse had been separated
is considered as described below.
2.1 Separation of Three Months or Longer – No Court Order or Separation

Agreement
If, at the date of death, the worker and dependent spouse had been separated for three
or more months, the Board considers whether the parties intended to live separate and
apart. The intention to live separate and apart is discussed below in Section 2.1.1 of
this Item.
If it is found that, at the date of death, the parties did not intend to live separate and
apart, section 178 of the Act does not apply and monthly payments are calculated as if
there had been no separation.
If it is found that, at the date of death, the parties did intend to live separate and apart,
monthly payments are based on the amount that the Board considers the spouse and
children would have been likely to receive from the worker if the death had not occurred.
However, compensation must not be greater than the compensation that would have
been payable under sections 169 to 176 of the Act if there had been no separation.
2.1.1 Determination of Intention of Living Separate and Apart
Whether the worker and dependent spouse were separated with the “intention” of living
separate and apart requires an examination of all the circumstances to determine
whether the geographical separation is consistent with the normal continuation of the
marriage, or whether these circumstances bring into question the continued existence of
the marriage. The presence or absence of this mental element concerning the status of
the relationship should be assessed both on an objective and subjective basis, rather
than being solely based on the subjective views of the parties to the marriage.
The question is whether, on the basis of all the evidence, the parties either treated the
marriage as being at an end or, alternatively, whether it may be concluded on an
objective basis that the marriage had no continuing existence.
C8-56.20
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CLAIMS MANUAL
It would be sufficient to support a conclusion that the parties were living separate and
apart if one party (not necessarily both) treated the marriage as being at an end. Also, it
could be concluded on an objective basis that the parties were living separate and
apart, notwithstanding the subjective belief of both parties that the marriage was
continuing. This might be the case if the separation was for an indefinite period and
there was no reasonable prospect of their being reunited in the foreseeable future. It
might be considered that they had at least reconciled themselves to this situation,
notwithstanding the subjective continuance of the marriage relationship. On the other
hand, if the parties viewed themselves as continuing in their marriage and intended to
reunite, and it was considered that this would occur in the reasonably foreseeable
future, then it might be concluded that they were not living separate and apart.
It would not normally be considered that the parties were living separate and apart in
circumstances where a period of temporary separation was necessitated by the
2.2 Separation of Less than Three Months – No Court Order or Separation

Agreement
If, at the date of death, the worker and dependent spouse had been living separate and
apart for a period of less than 3 months, compensation is calculated under sections 169
to 176 of the Act [rules respecting specific compensation payment] as if there had been
no separation.
3. Lump Sum Payment
The full amount of the lump sum provided for in Item C8-55.00 is payable to a
dependent spouse, in Canada, who receives compensation under this Item.
death.
5. Duration of Compensation
Compensation for a separated dependent spouse under this Item are for life, unless the
terms of a court order or separation agreement specify otherwise. Where there is no
court order or separation agreement, compensation for a separated dependent spouse
under this Item are for life, unless the Board determines the worker would have
provided payments for a lesser period of time.

C8-56.20
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CLAIMS MANUAL

Dependency;
Lump Sum Payment;
Calculation of Compensation – Dependent Spouse with
Children;
Calculation of Compensation – Dependent Spouse with No
Children;
Calculation of Compensation – Common Law Relationships;
Calculation of Compensation – Children;
Expectation of Pecuniary Benefit, of the Rehabilitation
R.S.B.C. 2019, c. 1.
June 30, 2002 − Replaced policy item #55.40 of the
June 30, 2002.

C8-56.20
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CLAIMS MANUAL

Common Law Relationships
BACKGROUND
a dependent spouse who was a common law spouse of the worker at the time the
worker died.
2. The Act
Section 1, in part:
“spouse” means a person who
(i) a period of at least 1 year, if the person has had a child with
the other person, or
(ii) a period of at least 2 years in any other case;
worker died;
...


spouse of the worker who is a dependent of the worker;
...
C8-56.30
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CLAIMS MANUAL
Section 179:
(1) Subject to subsection (2), compensation under this Division [Division 5 of

Part 4 of the Act – Compensation in Relation to Death of a Worker] is
payable to a worker’s surviving spouse described in paragraph (b)
[marriage-like relationship] of the definition of “spouse” in section 1, only if
the worker was living with and contributing to the support and
maintenance of that spouse immediately before the worker’s death.
(2) Subsection (1) does not apply in relation to compensation that is payable
under section 178(2) or (3) [payment in relation to court order or
separation agreement].
Section 180:
(1) This section applies if a deceased worker has left both
(a) a dependent spouse who is a spouse described in paragraph (a)

[spouse by marriage] of the definition of “spouse” in section 1 from
whom, at the date of death, the worker was living separate and
apart, and
(b) a spouse described in paragraph (b) [marriage-like relationship] of

that definition with whom the worker was living, and to whose
support and maintenance the worker was contributing, immediately
before the worker’s death.
(2) If there is a difference between
(a) the amount of compensation payable to the spouse referred to in

subsection (1)(a) [spouse by marriage] by reason of the separation,
and
(b) the amount of compensation that would have been payable to that
spouse if the spouse and the worker had not been living separate
and apart,
the Board may pay compensation, up to the amount of the difference, to

the spouse referred to in subsection (1)(b) [marriage-like relationship].

C8-56.30
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CLAIMS MANUAL
POLICY
1. Compensation Payable to a Common Law Spouse
Compensation under this Item is payable to a common law spouse only if the worker
was living with and contributing to the support and maintenance of the common law
spouse immediately prior to the worker’s death. However, where there was a court
order or separation agreement in force at the date of the worker’s death, or if the worker
and dependent common law spouse were separated with the intention of living separate
and apart, for a period of 3 months or longer preceding the date of the worker’s death,
the limitation of section 179(1) does not apply.
The amount of compensation that may be payable to a common law surviving spouse is
dependent on the existence of a married dependent spouse, from whom the worker was
living separate and apart at the worker’s date of death.
If, a worker left both:
(a) a dependent married spouse from whom, at the date of death, the worker
was living separate and apart; and
(b) a common law spouse, with whom the worker was living, and contributing
to the support of, immediately before the worker’s death; and
(c) there is a difference between the amount of compensation payable to the

married spouse referred to in (a) above, under Item C8-56.20, by reason
of the separation, and the amount of compensation that would have been
payable to that spouse, if that spouse and the worker had not been living
separate and apart;
then the Board may pay compensation to the common law spouse, up to the amount of
the difference.
death.
Compensation for a common law dependent spouse is payable for life. Compensation
is not affected if the common law dependent spouse remarries.

C8-56.30
Page 3 of 4
CLAIMS MANUAL

Dependency;
Lump Sum Payment;
Children;
C8-56.10, Compensation on the Death of a Worker –
Children;
Calculation of Compensation – Spouse Separated from
Deceased Worker;
C8-56.70, Compensation on the Death of a Worker –
R.S.B.C. 2019, c. 1.
March 1, 2012 − This Item was amended to update then
sections 17(11) and 17(12), and to make other amendments in
accordance with legislative changes to the then Act, arising
from the Family Law Act (Bill 16 of 2011).
The application statement providing that this Item applies to
the death of a worker on or after December 31, 2003, was
also changed on March 1, 2012 in accordance with the
application of the Bill 16 amendments.
June 30, 2002 − Replaced policy items #56.00 to #56.40 of
APPLICATION: This Item applies to the death of a worker that occurs on or
after March 1, 2012.

C8-56.30
Page 4 of 4
CLAIMS MANUAL

Calculation of Compensation − Children
BACKGROUND
dependent children.
2. The Act
Section 1, in part:
worker died;
...
Section 165:
See Item C8-56.00.
Section 168:

(2) Unless a shorter period applies under this Division, the Board must make
periodic payments under this Division for the life of the person to whom
the payment is to be made.
Section 172:
(1) This section applies if a deceased worker leaves no dependent spouse

eligible for monthly payments under this Division [Division 5 of Part 4 of
the Act – Compensation in Relation to Death of a Worker] but does leave
one or more child dependants.

C8-56.40
Page 1 of 6
CLAIMS MANUAL
(2) Subject to subsection (5), if there is one child dependant, the Board must
make a monthly payment of an amount that, when combined with 50% of
the federal benefits to or for that child, would equal 40% of the monthly
rate of compensation under this Part [Part 4 of the Act – Compensation to
Injured Workers and Their Dependants] that would have been payable if
the deceased worker had, at the date of death, sustained a permanent
total disability.
(3) Subject to subsection (5), if there are more than 2 child dependants, the
Board must make a monthly payment of an amount that, when combined
with 50% of the federal benefits payable to or for those children, would
equal 50% of the monthly rate of compensation under this Part [Part 4 of
the Act – Compensation to Injured Workers and Their Dependants] that
would have been payable if the deceased worker had, at the date of
death, sustained a permanent total disability.
(4) Subject to subsection (5), if there are more than 2 child dependants, the
Board must make a monthly payment of an amount that, when combined
with 50% of the federal benefits payable to or for those children, would
equal the total of
(a) 60% of the monthly rate of compensation under this Part [Part 4 of
the Act – Compensation to Injured Workers and Their Dependants]
that would have been payable if the deceased worker had, at the
date of death, sustained a permanent total disability, and
(b) if there are more than 3 child dependants, $371.21 per month for
each child beyond that number.
(5) The minimum compensation payable under this section must be the
compensation that would be payable if the compensation were calculated
under this section in respect of a deceased worker with average earnings
of $39 992.98 per year.
POLICY
Children who were not wholly or partly dependent on the worker’s earnings at the time
of the worker’s death are not entitled to compensation under this Item. They may,
however, be entitled under Item C8-56.70.

C8-56.40
Page 2 of 6
CLAIMS MANUAL
1. Calculation of Compensation – Where there is a Dependent Spouse
If there is a dependent spouse eligible for periodic payments, the child dependent’s
compensation is calculated in conjunction with that of the dependent spouse under
Items C8-56.00, C8-56.20 or C8-56.30. With one exception, this is so whether the child
dependants live with the dependent spouse or not. Where they live apart, the
apportionment provisions described in Item C8-58.00 may be applied to the
compensation. The exception involves Item C8-56.20, which applies to child
dependants only when they are living with the separated spouse at the date of the
worker’s death.
If there is a dependent spouse and one or more dependent children, and the dependent
spouse subsequently dies, compensation for the dependent children is recalculated
under Item C8-57.00.
2. Calculation of Compensation – Where there is no Dependent Spouse
If there is no dependent spouse or common law dependent spouse eligible for monthly
payments under Division 5 of Part 4 of the Act, compensation for any dependent
children is calculated as described below.
2.1 One Child Dependant
The monthly payment for one child dependant is calculated as the difference between:
total disability; and
(b) 50% of the federal benefits payable to or for that child.
2.2 Two Child Dependants
The monthly payment for two child dependants is calculated as the difference between:
total disability; and
(b) 50% of the federal benefits payable to or for those children.

C8-56.40
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CLAIMS MANUAL
2.3 More Than Two Child Dependants
The monthly payment for more than two child dependants is calculated as follows:
(I) The Board adds:
(a) 60% of the monthly rate of compensation that would have been
payable if the deceased worker had, at the date of death, sustained
a permanent total disability; and
(b) if there are more than 3 child dependants, the following amount per
month for each child beyond that number:
payable to or for those children from the amount determined above.
If the Board receives evidence of a change in a child dependant’s entitlement to federal

benefits, the amount of federal benefits deducted from the compensation for that child is
adjusted accordingly. For instance, if the Board receives evidence that a child’s
benefits under the Canada Pension Plan have been terminated, the amount of federal
benefits deducted from the compensation for that child will be adjusted. The adjustment
takes effect as of the date of the change in federal benefits.
The minimum monthly payment under this Item must not be less than the amount that
would be payable if, at the date of death, the deceased worker had the following
average earnings:

C8-56.40
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CLAIMS MANUAL
death.
6. Recalculation of Compensation
Compensation for child dependants is recalculated in accordance with Item C8-57.00 as

each child ceases to meet the requirements, described in Item C8-53.20, to be eligible
for compensation as a “child” of the deceased worker.
7. Foster Parents
Where a foster parent assumes responsibility for the care and maintenance of a
deceased worker’s child dependants, the Board may pay compensation to the foster
parent and children under Item C8-56.50. If the Board pays compensation under Item
C8-56.50, no compensation is provided for the child or children under this Item.

Dependency;
Children;
Calculation of Compensation – Spouse Separated from
Deceased Worker;
Calculation of Compensation – Common Law Relationships;
Calculation of Compensation – Foster Parents;
Recalculation of Compensation on a Change in
Circumstances;
Apportionment of Compensation, of the Rehabilitation
C8-56.40
Page 5 of 6
CLAIMS MANUAL

R.S.B.C. 2019, c. 1.
March 1, 2012 − Housekeeping amendments made in
June 30, 2002 − Replaced policy items #58.00, #58.21 and
Volume II.
June 30, 2002.

C8-56.40
Page 6 of 6
CLAIMS MANUAL

Calculation of Compensation − Foster Parents
BACKGROUND
This policy describes the calculation of compensation for the foster parent of a
deceased worker’s dependent child or children.
2. The Act
Section 176:
(a) a deceased worker
(i) leaves a child or children entitled to compensation under this

Division [Part 4 of the Act – Compensation to Injured
Workers and Their Dependants], and
(ii) either leaves no dependent spouse or the dependent spouse

subsequently dies,
(b) the Board considers it desirable to continue the existing household,

and
(c) a suitable person acts as a foster parent in keeping up the

household and taking care of and maintaining the child or children,
in a manner satisfactory to the Board.
(2) The same compensation is payable to the foster parent and children as
would have been payable to a dependent spouse and child dependants,
and the compensation must continue as long as the conditions described
in subsection (1) continue.
POLICY
Foster Parents
If the worker leaves a dependent child or children entitled to compensation under

Division 5 of Part 4 of the Act, but no dependent spouse, or the dependent spouse
C8-56.50
Page 1 of 2
CLAIMS MANUAL
subsequently dies, the Board may consider it desirable to continue the existing
household. If a suitable person acts as a foster parent in keeping up the household and
taking care of and maintaining the children, in a manner satisfactory to the Board, the
same compensation is payable to the foster parent and children as would have been
payable to a dependent spouse and child dependants under Item C8-56.00. The
compensation continues as long as the conditions continue.
A foster parent means a person who assumes responsibility for the care and
maintenance of a dependent child or children. For the purposes of section 176 of the
Act, a foster parent may include a natural parent who did not have physical custody of
the child or children at the time of the workplace fatality.
The compensation includes the lump sum payable to the dependent spouses referred to
in Item C8-55.00.

Dependency;
Lump Sum Payment;
Children;
Recalculation of Compensation on a Change in
Circumstances, of the Rehabilitation Services & Claims
Manual, Volume II.
R.S.B.C. 2019, c. 1.
December 31, 2003.

C8-56.50
Page 2 of 2
CLAIMS MANUAL

Dependent Parents and Other Dependants
BACKGROUND
This policy describes the calculation of compensation for dependent parents and “other
dependants” of a deceased worker.
2. The Act
Section 1, in part:

place of a parent;
Section 173:
(1) This section applies if a deceased worker
(a) leaves either a dependent spouse or one or more child dependants

entitled to compensation under this Division [Division 5 of Part 4 of
the Act – Compensation in Relation to Death of a Worker], but not
both a dependent spouse and one or more child dependants, and
(b) leaves a dependent parent or dependent parents.
(2) In addition to the compensation payable to the spouse or children, the

Board must pay to the dependent parent or dependent parents an amount
the Board considers is reasonable and proportionate to the pecuniary loss
suffered by the dependent parent or dependent parents by reason of the
worker’s death.

C8-56.60
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CLAIMS MANUAL
(3) As a restriction on subsection (2), an amount paid under this section must
not be greater than $657.01 per month for life or for a lesser period as
determined by the Board.
Section 174:
(1) This section applies if a deceased worker does not leave a dependent
spouse or a child dependant entitled to compensation under this Division
[Division 5 of Part 4 of the Act – Compensation in Relation to Death of a
Worker], but does leave other dependants.
(2) The Board must pay to the other dependants of the worker an amount the
Board considers is reasonable and proportionate to the pecuniary loss
suffered by those dependants by reason of the worker’s death.
(3) As a restriction on subsection (2), the total of the amounts paid under this
section must not be greater than $657.01 per month for life or for a lesser
period as determined by the Board.
POLICY
1. Dependent Spouse and Children
If both a dependent spouse and children of the deceased worker are eligible for
compensation as a result of the worker’s death, no other person is entitled to
compensation for the death, other than funeral and transportation expenses under
Item C8-54.00.
2. Dependent Parents
If there is either a dependent spouse or one or more child dependants entitled to

compensation as a result of a worker’s death, but not both a spouse and one or more
child dependants, compensation is payable for the dependent parent or dependent
parents of the deceased worker.
The compensation payable to a dependent parent or dependent parents is in addition to

the compensation payable to the dependent spouse or to the dependent child or
children as a result of the worker’s death.
A parent who was not wholly or partly dependent upon the worker’s earnings at the time
of the worker’s death is not entitled to compensation under this Item. The parent may,
however, be entitled to compensation under Item C8-56.70.

C8-56.60
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CLAIMS MANUAL
3. Other Dependants
If there is neither a dependent spouse nor a child dependant entitled to compensation

as a result of a worker’s death, compensation is payable to “other dependants” of the
deceased worker.
The term “other dependants” means any of the following family members of the worker
who were wholly or partly dependent on the worker’s earnings at the time of the
worker’s death:
• parent(s) or step-parent(s);
• person who stood in place of a parent of the worker, whether or not the
person is related to the worker;
• grandparent(s);
• child or children who do not meet the requirements under Item C8-53.10 to be
eligible for compensation as a “child” of the deceased worker;
• grandchild(ren);
• stepchild or stepchildren who do not meet the requirements under

Item C8-53.20 to be eligible for compensation as a “child” of the deceased
worker;
• sibling(s) or half-sibling(s); and
• person to whom the worker stood in place of a parent, whether or not the
person is related to the worker, and who does not meet the requirements
under Item C8-53.20 to be eligible for compensation as a “child” of the
deceased worker.
Except in the case of parents, a family member of the worker who is described in the
above list and who was not wholly or partly dependent on the worker’s earnings at the
time of the worker’s death is not entitled to compensation under the Act. A parent who
was not wholly or partly dependent upon the worker’s earnings may still be entitled to
compensation under Item C8-56.70.
4. Calculation of Compensation
Compensation for a dependant under this Item is an amount the Board considers is
reasonable and proportionate to the pecuniary loss suffered by the dependant as a
result of the worker’s death.
In determining the appropriate amount of compensation, the Board considers the

amount of financial support that the dependant had been receiving from the worker at
C8-56.60
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CLAIMS MANUAL
the date of the worker’s death, or at the date of the injury resulting in death. The Board
also considers the number of dependants eligible for compensation under this Item, as
well as the maximum amount of compensation payable, as set out below.
The total amount of compensation payable for all dependants under this Item, taken
together, must not be greater than the following amount:
death.
Compensation under this Item may be for life or for a lesser period as determined by the
Board. For instance, the worker’s grandchild might have been dependent upon the
worker’s earnings for payment of tuition fees. In such a case, the Board may determine
that compensation should end when the grandchild ceases to attend school.

Dependency;
Funeral and other Death Expenses;
R.S.B.C. 2019, c. 1.
with legislative amendments to the then Act.

C8-56.60
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June 30, 2002 − Replaced policy items #59.00 and #59.10 of

June 30, 2002.

C8-56.60
Page 5 of 5
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Persons with a Reasonable Expectation
of Pecuniary Benefit
BACKGROUND
a person who, although not dependent on the worker’s earnings at the time of the
worker’s death, had a reasonable expectation of pecuniary benefit from the worker.
2. The Act
Section 1, in part:
Section 175:
(a) either
(i) no compensation is payable under sections 169 to 174 in

relation to a deceased worker, or
(ii) the compensation is payable under those sections only to a

spouse, a child or children or a parent or parents of the
worker, and
(b) the worker leaves a spouse, a child or children or a parent or

parents who, although not dependent on the worker’s earnings at
the time of the worker’s death, had a reasonable expectation of
pecuniary benefit from the continuation of the life of the worker.
(2) At the discretion of the Board, payments may be made to persons referred
to in subsection (1)(b), but not to more than one of the categories of
persons referred to in that provision.
(3) As a restriction on subsection (2), the total of the amounts paid under this
section must not be greater than $657.01 per month for life or for a lesser
period determined by the Board.

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POLICY
1. Persons with a Reasonable Expectation of Pecuniary Benefit
This Item applies if
(a) no compensation is payable to a dependant of the deceased, or
(b) the compensation is payable only to a spouse, a child or children, or a parent or

parents,
but the worker leaves a spouse, child or children, or a parent or parents who, although not
dependent on the worker’s earnings at the time of the worker’s death, had a reasonable
expectation of pecuniary benefit from the continuation of the life of the worker.
A reasonable expectation of pecuniary benefit requires more than an assumption that the
person would have received a financial benefit from the worker if the worker had not died. The
evidence must support a finding that the worker would have provided an actual monetary
benefit to the spouse, child or parent if the worker had not died.
Compensation may be payable to persons with a reasonable expectation of pecuniary benefit

in only one of the following categories:
(a) spouse of the deceased worker;
(b) child or children of the deceased worker; or
(c) parent or parents of the deceased worker.
An application for compensation from a spouse, child or parent, on the grounds that he or she
is a dependant of the deceased worker will automatically be considered under this Item if the
Board concludes that the person was not wholly or partly dependent on the worker’s earnings
at the time of the worker’s death.
2. Calculation of Compensation
Compensation under this Item is determined at the Board’s discretion. However, monthly
payments must not be greater than the following amount:

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death.
Compensation under this Item may be for life or for a lesser period as determined by the
Board. For instance, before death, the worker may have given a promissory note to a
parent, undertaking to repay a loan with interest. In such a situation, the Board would
not provide compensation for life because the parent’s expectation of pecuniary benefit
would not have been a lifelong expectation.

Dependency;
Definitions – Meaning of “Child” or “Children”, of the
R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance on
the legal issues of standard of proof and evidence.
APPLICATION: Applies to all decisions made on or after February 1, 2020,
respecting the death of a worker on or after
December 31, 2003.

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Recalculation of Compensation on a
Change in Circumstances
BACKGROUND
This policy describes the recalculation of compensation when there has been a change
in a dependant’s circumstances.
2. The Act
Section 181:
(a) a deceased worker has left both a dependent spouse and child
dependants, and
(b) subsequently there is a reduction in the number of child

dependants.
(2) The dependent spouse and remaining child dependants are then entitled
to the compensation that would have been payable if the worker’s death
had occurred on the date the number of child dependants was reduced.
Section 182:
(a) a deceased worker has left both a dependent spouse and

dependent children, and
(b) the dependent spouse subsequently ceases to have dependent

children.
(2) The dependent spouse is entitled to the compensation that would have
been payable if the worker’s death had occurred on the date the
dependent spouse ceased to have dependent children.

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Section 183:
(a) a deceased worker leaves a dependent spouse and one or more

dependent children, and
(b) the dependent spouse subsequently dies.
(2) Compensation to the dependent children must continue and be calculated

in the same manner as if the worker had died leaving no dependent
spouse.
Section 184:
(a) a deceased worker leaves dependent children and no dependent

spouse, and
(b) subsequently there is a reduction in the number of dependent

children.
(2) The remaining dependent children are entitled to the compensation that
would have been payable if the worker’s death had occurred on the date
the number of dependent children was reduced.
Section 185:
(a) a deceased worker leaves a dependent spouse who has had a

physical or mental disability that resulted in the spouse being
incapable of earning, and
(b) the dependent spouse subsequently ceases to have that disability.
(2) The dependent spouse is entitled to the compensation that would have
been payable if the worker’s death had occurred on the date the
dependent spouse ceased to have the disability.

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Section 228:
“former Act” means the Workers Compensation Act,

R.S.B.C. 1996, c.492;
“transition date” means December 31, 2003, being the date on which
this section came into force.
(2) This section applies to a worker’s death that occurred before

June 30, 2002.
(3) Subject to subsections (5) and (6), the former Act, as it read immediately
before June 30, 2002, applies to a death referred to in subsection (2).
(4) Subject to subsections (5) and (6), in recalculating compensation under

sections 181 to 185 [compensation adjustment when there are changes in
circumstances] of this Act, the Board must, if the actual date of the
worker’s death was before June 30, 2002, base the recalculation on the
former Act as it read immediately before June 30, 2002.
(5) Section 334 [annual adjustment of periodic payment amounts] applies to

compensation paid on or after the transition date in respect of a worker’s
death, irrespective of the date the worker died.
(6) For the purposes of applying subsections (3) and (4), the Board must
adjust the dollar amounts referred to in sections 17 [compensation in fatal
cases] and 18 [addition to payments in relation to worker death before
July 1, 1974] and Schedule C [Payments to Widows] of the former Act, as
it read immediately before June 30, 2002, in accordance with
section 333(1) [annual adjustment of dollar amounts referred to in Act] of
this Act.
POLICY
1. Recalculation of Compensation on a Change in Circumstances
Compensation payable as a result of the death of a worker is recalculated when there

has been a change in circumstances as follows:
(a) there is a dependent spouse and child dependants, and the change in
circumstance is a reduction in the number of child dependants;

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(b) a dependent spouse with dependent children ceases to have dependent

children;
(c) there is a dependent spouse and one or more dependent children, and the
dependent spouse subsequently dies;
(d) there is no dependent spouse, but there are dependent children, and there
is a reduction in the number of dependent children; or
(e) a dependent spouse who has had a physical or mental disability that
resulted in the spouse being incapable of earning ceases to have that
disability.
When a change in circumstances occurs, as described in (a) to (e) above, the Board
recalculates compensation as if the worker died on the date that the change occurred,
subject to the exception discussed in Section 2 of this Item.
For instance, in the circumstances described in (c) above, where a worker is survived
by a dependent spouse and one or more dependent children, and the dependent
spouse subsequently dies, compensation is recalculated as if the worker died leaving
no dependent spouse. In such a situation, compensation for the one or more
dependent children would be determined under Item C8-56.40.
When recalculating compensation on a change in circumstances, it is necessary to

determine the amount that would have been payable to the deceased worker for a
permanent total disability. That amount is calculated by reference to the date of injury
or the date of disablement from occupational disease and not by reference to the date
of death (unless it is the same) or to the date of the change of circumstances. However,
cost of living adjustments to the resulting figure will be made up to the date of the
change in circumstances.
The recalculated level of compensation applies as of the date of the change in

circumstances. For instance, where the change that leads to the recalculation is a
change in a child’s school attendance or a child’s birthday, the Board uses the exact
date when the change occurs as the date of commencement of the new compensation
payments. For example, where a child who is no longer attending school turns 19 on
December 15, the old compensation payment would remain in effect until December 14
and the new payment amount would become effective on December 15.
Dependants are advised at the outset of the claim of the various provisions that may
result in a change in compensation payable to them. They are also advised in advance
of a potential change in their payment amount resulting from an age change in a
dependent child.

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2. Exception – Deaths before June 30, 2002
If the actual date of the worker’s death was before June 30, 2002, the recalculation of
compensation is based on the Workers Compensation Act, R.S.B.C. 1996, c. 492 as it
read immediately before June 30, 2002.
The policies in Volume I of this Manual apply in such cases. However, cost of living
adjustments to benefits paid on or after December 31, 2003 are made in accordance
with policy item #51.00 of Volume II of this Manual. In addition, the dollar amounts
referred to in sections 17 and 18 and Schedule C of the Workers Compensation Act,
R.S.B.C. 1996, c. 492 as it read immediately before June 30, 2002, are adjusted in
accordance with policy item #51.20 of Volume II of this Manual.

CROSS REFERENCES: Policy item #51.00, Cost of Living Adjustments to Periodic
Payments;
Dependency;
Children;
Children;
R.S.B.C. 2019, c. 1.
June 30, 2002.
May 2020 Volume II

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Apportionment of Compensation
BACKGROUND
This policy describes how the Board apportions compensation among dependants in
situations where there is a need to do so.
2. The Act
Section 177:
(1) Subject to subsection (2), if it is necessary to apportion compensation

payable to dependants among those dependants, the formula for
apportionment is at the discretion of the Board.
(2) Unless the Board has grounds for a different apportionment,

apportionment of the following must be in accordance with this subsection:
(a) if there is a dependent spouse and one child dependant, 2/3 of the
compensation is payable to the spouse and 1/3 to the child;
(b) if there is a dependent spouse and more than one child dependant,
1/2 of the compensation is payable to the spouse and 1/2 among
the children in equal shares;
(c) if there is more than one child dependant but no dependent spouse,
the compensation is payable to the children in equal shares.
POLICY
If it is necessary to apportion compensation payable to dependants among those

dependants, the Board has discretion in determining the formula for apportionment.
However, unless the Board has grounds for a different apportionment, the following
apportionment applies:
(a) if there is a dependent spouse and one child dependant, 2/3 of the
compensation is payable to the spouse and 1/3 to the child;

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(b) if there is a dependent spouse and more than one child dependant, 1/2 of
the compensation is payable to the spouse and 1/2 among the children in
equal shares;
(c) if there is more than one child dependant but no dependent spouse, the
compensation is payable to the children in equal shares.

Dependency;
Definitions – Meaning of “Child” or “Children”, of the
R.S.B.C. 2019, c. 1.
December 31, 2003 − Replaced policy items #61.00 and
Volume II.
December 31, 2003.

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Death of More than One Worker
BACKGROUND
This policy describes how compensation is calculated for a dependant of more than one
deceased worker.
2. The Act
Section 186:
(1) Subject to subsection (2), if a dependant is entitled to receive

compensation under this Part [Part 4 of the Act – Compensation to Injured
Workers and Their Dependants].
(a) as a result of the worker’s death, and
(b) as a result of the subsequent death of another worker,
the total compensation payable for the dependant as a result of those deaths is
an amount that the Board considers appropriate.
(2) The compensation payable for a dependant under subsection (1)
(a) must not be less than the greatest of the amounts that would
otherwise be payable in respect of the death of any of the workers,
and
(b) must not be greater than 90% of the average net earnings of a
worker whose wage rate is the maximum wage rate established
under section 209 [maximum wage rate for average earnings] for
the year in which the last death referred to in subsection 1(b)
occurred.
(3) For the purposes of subsection (2), the average net earnings for the
worker are to be calculated in accordance with section 220 [determination
of average net earnings: short-term compensation].

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POLICY
Death of More than One Worker
If a dependant, who is entitled to compensation as a result of a worker’s death,

becomes eligible for compensation as a result of another worker’s death, the total
compensation payable as a result of the deaths is an amount the Board considers
appropriate.
Total compensation under this Item must not be less than the greatest of the amounts
payable as a result of the death of any of the workers.
The maximum compensation payable is calculated as follows:
(a) The maximum wage rate for the year in which the last worker died
is used as average earnings to calculate average net earnings.
(b) Short-term average net earnings are calculated in accordance with

policy item #71.10.
(c) Compensation payable is based on 90% of the short-term average

net earnings.

CROSS REFERENCES: Policy item #71.10, Short-term Average Net Earnings, of the
R.S.B.C. 2019, c. 1.
June 30, 2002.

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Enemy Warlike Action
BACKGROUND
This policy describes how compensation is calculated for a worker who is injured or
killed in the course of the worker’s employment as a direct result of enemy warlike
action or counteraction.
2. The Act
Section 234:
(a) a worker’s personal injury, disablement or death occurs in the

course of the worker’s employment as a direct result of enemy
warlike action or counteraction taken against such enemy action,
(b) provision has been made by the government of Canada for

compensation for the worker or the worker’s dependants in respect
of the injury, disablement or death.
(2) The worker or the worker’s dependants are entitled to compensation

under this Part only if the compensation provided by the government of
Canada is less than that provided by this Act, and then only to the extent
of the difference.
POLICY
Enemy Warlike Action
This policy applies if:
(a) a worker’s personal injury, disablement or death occurs in the course of

the worker’s employment as a direct result of enemy warlike action or
counteraction; and
(b) the government of Canada has provided for compensation for the worker
or the worker’s dependants as a result of the personal injury, disablement
or death.
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In the circumstances described above, if the government of Canada provides for less
compensation than that provided by the Act, compensation is payable to the worker or
the worker’s dependants in an amount equal to the difference. If the compensation
provided by the government of Canada is equal to or greater than that provided under
the Act, no compensation is payable by this Act.

Dependency, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
APPLICATION: This Item applies to a death or injury on or after
December 31, 2003.

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Special or Novel Cases
BACKGROUND
This policy describes how the Board has discretion, in certain situations, to deviate from
the strict application of the survivor benefit provisions in the Act.
2. The Act
Section 189:
If
(a) a situation arises that is not expressly covered by this Division

[Division 5 of Part 4 of the Act – Compensation in Relation to Death
of a Worker], or
(b) some special additional facts are present that the Board considers
would make the strict application of this Division inappropriate,
the Board must make rules and make decisions the Board considers fair, using
this Division as a guideline.
POLICY
Special or Novel Cases
If a situation arises that is not expressly covered by the policies discussed in this
chapter or if some special additional facts are present that the Board considers would
make the strict application of those policies inappropriate, the Board makes rules and
makes decisions the Board considers fair, using those policies as a guideline.

CROSS REFERENCES:
R.S.B.C. 2019, c. 1.

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December 31, 2003.

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Proof of Existence of Dependants
BACKGROUND
This policy addresses the proof required by the Board to confirm the existence and
condition of a deceased worker’s dependants.
2. The Act
Section 188:
(1) The Board may from time to time require the proof the Board considers
necessary of the existence and condition of dependants receiving
compensation payments under this Part [Part 4 of the Act – Compensation
to Injured Workers and Their Dependants].
(2) If the Board requires proof under this section, the Board may withhold
further compensation payments until that proof is received.
POLICY
Proof of Existence of Dependants
The application for compensation submitted by a dependant should be accompanied by

marriage and/or birth certificates or other evidence establishing the applicant’s
relationship to the deceased worker.
Each year, the Board mails out, to dependants receiving compensation under Division 5
of Part 4 of the Act [Compensation in Relation to Death of Worker], declaration forms
and school attendance forms. Failure to complete and return these forms may result in
payments being withheld until those forms are received by the Board.

Dependency, of the Rehabilitation Services & Claims Manual,
Volume II.
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R.S.B.C. 2019, c. 1.
December 31, 2003.

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Death of a Commercial Fisher
BACKGROUND
This policy describes entitlement to compensation following the death of a commercial

fisher.
2. The Act
Section 8(3):
If the death of a commercial fisher resident in British Columbia
(a) arises out of and in the course of the commercial fisher’s

occupation in British Columbia or waters off British Columbia, and
(b) is not otherwise compensable under the compensation provisions

[of the Act],
the Board may treat the death in the same manner as if the commercial fisher
were a worker employed by the Crown in right of British Columbia.
POLICY
Death of a Commercial Fisher
If the death of a commercial fisher resident in British Columbia arises out of and in the
course of the commercial fisher’s occupation in British Columbia or waters off British
Columbia, and is not otherwise compensable, the Board may treat the death in the
same manner as if the commercial fisher were a worker employed by the Crown in right
of British Columbia.

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CROSS REFERENCES:
R.S.B.C. 2019, c. 1.
December 31, 2003.

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CHAPTER 9
AVERAGE EARNINGS
#64.00 INTRODUCTION
The Board must determine the amount of a worker’s average earnings

and the worker’s earning capacity with reference to the worker’s average
earnings and earning capacity at the time of the worker’s injury.
Section 208 provides the general direction for determining a worker’s average
earnings.
The Act provides two general rules for determining average earnings and a
number of exceptions for which average earnings is calculated differently. The
exceptions relate to a casual worker, a person who purchased coverage under
section 4(2) of the Act, a worker with no earnings on the date of injury, a worker
who is an apprentice or learner, a regular worker who has been employed less
than 12 months, and a worker with exceptional circumstances.
In determining a worker’s average earnings, the Board must apply one of the
general rules unless one of the exceptions in the Act applies to a worker. If more
than one exception applies to the same worker for the same injury, the Act
provides that the Board must determine the section that best reflects the worker’s
circumstances and apply that section. In making this determination, “best” does
not mean the highest rate possible, but rather, the rate that most closely reflects
the actual loss incurred.
Set out below are the Board’s policies with respect to the calculation of a
worker’s short-term average earnings; the application of a 10-week average
earnings rate review; the calculation of a worker’s long-term average earnings;
and the composition of average earnings.
R.S.B.C. 2019, c. 1.

9-1
#65.00 GENERAL RULE FOR DETERMINING SHORT-TERM
AVERAGE EARNINGS
Subject to this Division [Division 7 of Part 4 of the Act – Worker’s Average

Earnings and Earning Capacity], the Board must determine, for the shorter
of the following periods, the amount of a worker’s average earnings based
on the rate at which the worker was remunerated by each of the
employers for whom that worker was employed at the time of the injury:
(a) the initial payment period, being the period
(i) starting on the date of the injury, and
(ii) ending on the last day of the tenth week for which
compensation is payable under this Part [Part 4 of the
Act – Compensation to Injured Workers and Their
Dependants] to the worker for a temporary disability
resulting from that injury;
(b) the period starting on the date of the worker’s injury and
ending on the date the worker’s injury results in a permanent
disability, as determined by the Board.
Except for a casual worker, a person who purchased coverage under

section 4(2) of the Act, and a worker with no earnings at the time of the injury, the
general rule for determining short-term average earnings is to use the worker’s
rate of pay at the time of injury up to the maximum wage rate permitted by the
Act.
For workers who receive regular remuneration on a standard five-day work week,
the determination of the worker’s earnings at the time of the injury will be based
on the worker’s rate of pay on the day of injury.
The Board recognizes that not all workers receive remuneration based on a five-
day work week. Policy items #65.01, #65.02, and #65.03 detail how the Board
will determine the earnings at the time of the injury for workers in other
circumstances.
CROSS REFERENCE: Policy item #65.01, Variable Earnings;
Policy item #65.02, Worker with Two Jobs;
Policy item #65.03, Fishers;
Policy item #67.10, Casual Pattern of Employment;
Policy item #67.20, Personal Optional Protection;
Policy item #67.30, Workers with No Earnings, of the

9-2
R.S.B.C. 2019, c. 1.
APPLICATION: To all decisions on or after June 1, 2009.
#65.01 Variable Earnings

The Board recognizes that not all workers receive remuneration based on a
regular five-day work week. Accordingly, calculating time of the injury earnings
based on a worker’s rate of pay on the date of the injury is not always
appropriate. The guidelines set out below apply in determining short-term
average earnings where a worker is regularly employed with variable earnings.
The Board considers a worker to have variable earnings if the worker:
• works on call for one or more employers at differing rates of pay and
does not have a casual pattern of employment;
• has irregular shifts;
• has shifts with no repeating patterns;
• works a shift cycle involving more than five cycles;
• works differing shift hours per cycle;
• is paid shift differentials; or
• is scheduled for a shift cycle change.
For such workers with variable earnings, the Board will usually calculate the
short-term average earnings with reference to the worker’s earnings in the three
month period up to and including the worker’s date of injury. However, the Board
may use a shorter time period if it determines that the three month time period is
not an accurate reflection of the worker’s time of the injury earnings.
Situations where a shorter time period may be used include:
• if a regularly employed worker with variable earnings has been with an

employer for less than three months, the worker’s short-term average
earnings are based on the worker’s earnings from the worker’s date of
hire up to and including the date of the injury.
• if the worker received wage-loss benefits (or wage-loss equivalent

vocational rehabilitation allowances/benefits) during the three month
period prior to the date of injury.

9-3
• if the worker has experienced a significant atypical and/or irregular
disruption in the pattern of employment during the three month period
prior to the date of the injury. This circumstance may arise, for
example, if the worker had a lengthy absence due to a non-
compensable illness or injury, educational or maternity/paternity
reasons.
In such situations, the Board may choose to exclude a portion of the time period
over which earnings are averaged if doing so would provide a more accurate
reflection of the worker’s time of the injury earnings. The Board does not
generally exclude short absences from work for non-compensable reasons or
minor fluctuations in hours worked or rate of pay.
CROSS REFERENCES: Policy item #65.00, General Rule for Determining Short-Term
Average Earnings;
Policy item #67.10, Casual Pattern of Employment, of the
R.S.B.C. 2019, c. 1.
#65.02 Worker with Two Jobs

If a worker holds two jobs and is disabled from both by an injury arising out of
and in the course of one of them, the worker’s earnings at the time of the injury
will be based on the combined earnings of both jobs up to the statutory
maximum. This applies whether or not the other job is covered by the
compensation provisions of the Act or is self-employment. The total days worked
in both jobs are merged to obtain the days worked per week. Both employers, if
covered by the compensation provisions of the Act, may be reimbursed by the
Board if they continue paying the disabled worker (policy item #34.40).
If a worker is engaged in two jobs, one of which is a job for which personal
optional protection has been purchased, the income earned in the non-personal
optional protection job will be combined with the amount of personal optional
protection purchased for the other job, up to the statutory maximum, in order to
determine average earnings.
CROSS REFERENCES: Policy item #34.40, Pay Employer Claims;
Policy item #65.00, General Rule for Determining Short-Term
Average Earnings;
Policy item #67.10, Casual Pattern of Employment;
Policy item #67.20, Personal Optional Protection, of the
May 2020 Volume II

9-4
R.S.B.C. 2019, c. 1.
#65.03 Fishers
The worker’s earnings at the time of the injury for fishers whose remuneration is
based on a share of the catch, the value of which may only be determined at a
future date, will be based on the earnings over the three month period
immediately preceding the date of the injury. If earnings information is not
available for that three-month period, the worker’s average earnings may be
based on the 12-month period immediately preceding the worker’s date of injury.
See also policy item #68.62 for information on a fisher’s composition of average
earnings if the fisher deducts equipment and/or operating expenses from gross
income for business or taxation purposes and owns a vessel or other equipment
used to harvest fish.
CROSS REFERENCES: Policy item #65.00, General Rule for Determining Short-Term
Average Earnings;
Policy item #68.62, Fishers, of the Rehabilitation Services &
R.S.B.C. 2019, c. 1.
#65.04 Provisional Rate

Compensation may be based on a provisional rate when the following conditions
are present:
i. there is some significant delay in obtaining information necessary to

determine the worker’s short-term or long-term average earnings;
ii. the Board is unable to avoid that delay; and
iii. the worker is not causing the delay.
The worker is informed that a provisional rate has been set.
The amount of the provisional rate depends on the information available to the
Board. While being careful not to set a rate which is higher than the worker’s
actual earnings, the Board should, as far as is possible, take into consideration
the actual circumstances of the worker, for instance, age, occupation, seniority
and union status. The Board should also have regard to statements of earnings
already on file or on other recent compensation claims.

9-5
If the Board sets a provisional rate, this is a preliminary determination pending
receipt of further information required to determine a worker’s average earnings.
If sufficient earnings information is received after payments have been made
based on a provisional rate, a decision on the worker’s average earnings will
then be made.
Section 123(2) of the Act provides that the Board may not reconsider a decision
on the worker’s average earnings if any of the following apply:
(a) more than 75 days have elapsed since the decision was made;
(b) a request for review has been filed under section 270 [making a
request for a review] in respect of the decision;
(c) a notice of appeal has been filed under section 292 [how to appeal]
in respect of the decision.
Section 123(3) provides that the Board may, on its own initiative, reconsider a
decision after the 75 days referred to in section 123(2)(a) have elapsed, if the
decision contains an obvious error or omission.
A preliminary determination to set a provisional rate is not a “decision” for the

purposes of section 123. Rather, it is a Board action that is intended to provide
temporary financial relief to the worker until the Board receives the required
information to make a decision on the worker’s average earnings. However,
once the Board makes the average earnings decision, that decision is subject to
the provisions of section 123.
If insufficient earnings information or no information is received after a

reasonable time, the Board will review the rate at least every four weeks from the
date of the preliminary determination until the decision on average earnings is
made. In setting a provisional rate, regard will be had to the applicable statutory
minimum (policy item #34.20). See policy item #93.26 regarding a worker’s
obligation to provide information. Where payments based on a provisional rate
have been commenced, and the average earnings decision sets a rate lower
than the provisional rate previously set, no recovery of the payments will be
made in the absence of an administrative error, fraud or misrepresentation by the
worker. For a definition of an administrative error, refer to policy item #48.41.
CROSS REFERENCES: Policy item #48.41, When Does an Overpayment of
Compensation Occur?;
Policy item #93.26, Obligation to Provide Information, of the
reconsideration provisions of the Act by the Workers
August 14, 2020.

9-6
R.S.B.C. 2019, c. 1.
May 1, 2010 – Amended to clarify when a provisional rate may
be used and to change references to average net earnings to
average earnings.
March 3, 2003 – Amended to provide that where the Board sets
a provisional rate, this is a preliminary determination pending
receipt of further information.
Policy also provides that a preliminary determination is not a
decision for the purposes of the time limits for reconsideration.
#65.05 Workers Participating in Non-Board Sponsored

Return to Work Programs
If a worker is participating in a non-Board sponsored Return to Work
program, insurance proceeds may be considered earnings for the
purposes of determining short-term average earnings. Generally, for
insurance proceeds to be considered earnings, payment must relate to the
work being performed.
For example, if a worker is only in the workplace for four hours, but
receives a top up in insurance proceeds for an additional four hours not
related to the work being performed, the insurance proceeds are not
considered to be earnings for the purposes of determining short-term
average earnings. Conversely, if the worker is in the workplace for eight
hours, and the worker receives half of the worker’s wages through
payment of insurance proceeds, the insurance proceeds may be
considered earnings for the purposes of determining short-term average
earnings.
Evidence which demonstrates that payment of insurance proceeds relate

to the work being performed includes, but is not limited to:
• Continued payment of insurance proceeds is dependent upon

active participation in the Return to Work program.
• The employer funds the insurance program as a wage

replacement scheme.
• The Return to Work program is integrated into the normal

production activities of the host employer.
See policy item #67.60 to determine the long-term average earnings for a
worker participating in a non-Board sponsored Return to Work program.

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CROSS REFERENCES: Policy item #67.60, Exceptional Circumstances, of the
R.S.B.C. 2019, c. 1.
APPLICATION: Applies to all decisions made on or after the effective
date.
#66.00 GENERAL RULE FOR DETERMINING LONG-TERM

AVERAGE EARNINGS
Subject to this Division [Division 7 of Part 4 of the Act – Worker’s Average

Earnings and Earning Capacity], if a worker’s disability continues after the
end of the shorter period referred to in section 210, the Board must, for the
period starting after the end of that period, determine the amount of the
worker’s average earnings based on the worker’s gross earnings, as
determined by the Board, for the 12-month period immediately preceding
the date of the worker’s injury.
After a claim has lasted five weeks, the Board considers whether it is likely to last
for ten weeks and, if the Board has not done so already, sets in motion any
enquiries necessary for a possible 10-week average earnings review.
As part of the Board’s enquiries, information will be obtained as to the worker’s

earnings for the 12-month period immediately preceding the date of the worker’s
injury. Information will also be obtained about the worker’s tax status for the
previous year.
If not supplied by the employer, earnings and tax status information for the
required period of time prior to the injury must be provided by the worker. The
information provided must be verified information from an independent source
such as wage stubs, T4s, or letters from the Income Tax Authorities or
employers.
If, at the earlier of: the day after 10 cumulative weeks of wage-loss benefits have
been paid to the worker; or the effective date of the worker’s permanent disability
benefits, there is insufficient information on which to complete the 10-week rate
review, a provisional rate may be set until sufficient information is received
(policy item #65.04).
In situations where a worker is being maintained on full salary by the employer,

the Board will still be required to carry out a rate review of this kind and, if a
reduction is warranted, to make the necessary adjustment. If the worker’s long-
term earnings average out in excess of the rate set at the time of the injury and
the figure being paid by the employer, it is conceivable that the worker could be

9-8
in a less advantageous position than other workers with a similar earnings
pattern. As such, a rate increase can be initiated and the difference between the
new rate and what is being refunded to the employer made payable to the
worker. This would not apply if the employer is paying the worker at the
maximum applicable to the claim. If an employer ceases to make payments to a
worker, the Board will begin to pay the worker directly.

CROSS REFERENCES: Policy item #65.04, Provisional Rate;
Policy item #65.00, General Rule for Determining Short-Term
Average Earnings, of the Rehabilitation Services & Claims
Manual, Volume II.
R.S.B.C. 2019, c. 1.
By Board of Directors Resolution No. 2015/11/25-02, the
application statement of this policy was revised on
November 25, 2015.
APPLICATION: Applies to all decisions, including appellate decisions, made on
or after January 1, 2016.
#67.00 EXCEPTIONS TO THE GENERAL RULES FOR

DETERMINING AVERAGE EARNINGS
The Act provides a number of exceptions to the general rules in setting a
worker’s short-term and long-term average earnings. The Board’s policies with
respect to each of these exceptions are presented below. If a worker’s
circumstances do not fit within any of the exceptions, the applicable general rule
for determining a worker’s average earnings applies.
Section 219 of the Act provides that if two or more exceptions to the general
rules for determining average earnings apply to the same worker for the same
injury, the Board must determine and apply the section that best reflects the
worker’s circumstances. In making this determination, “best” does not mean the
highest rate possible, but rather, the rate that most closely reflects the actual loss
incurred. This situation could arise if, for example, a worker was an apprentice
(section 216) who had been employed less than 12 months (section 217). In this
situation, the Board would apply the section that most accurately reflects the
worker’s average earnings and earning capacity at the time of injury.
R.S.B.C. 2019, c. 1.

9-9
#67.10 Casual Pattern of Employment
If a worker’s pattern of employment at the time of the injury is casual in

nature, the Board’s determination of the amount of the worker’s average
earnings from the date of injury must be based on the worker’s gross
earnings, as determined by the Board, for the 12-month period
immediately preceding the date of injury.
This is an exception to both general rules for determining a worker’s average

earnings. The Board must use the worker’s gross earnings for the 12-month
period immediately before the date of injury to establish the worker’s average
earnings. There is no 10-week average earnings review. Thus, the worker’s
average earnings determined at the outset of the casual worker’s claim are also
the worker’s long-term average earnings.
This provision is applied in those situations where, due to the unpredictable,

sporadic and/or transitory pattern of the worker’s employment, the initial rate
general rule would not provide an appropriate representation of a worker’s loss of
earnings. In these situations, it is considered that earnings over the 12-month
period immediately before the date of injury more appropriately reflect the
worker’s loss of earnings.
Determination of whether a worker’s pattern of employment is casual in nature

involves a two-step investigation.
1. The first step involves a consideration of the nature of the worker’s job at
the time of the injury. This will identify:
(a) those workers to whom the general rules of sections 210, 211 and
219 should apply;
(b) those workers who have purchased coverage under section 4(2) of
the Act, to whom the section 215 exception applies;
(c) those workers who were an apprentice or learner, to whom the

section 216 exception applies; and
(d) those workers who were employed, on other than a casual or

temporary basis, by the worker’s employers for less than 12 months
immediately preceding the date of the injury, to whom the
section 217 exception applies.
Certain workers will not clearly fall within the above categories. An
indicator that a worker may fall within the section 214 exception is that the
worker’s job at the time of injury was not permanent and/or was scheduled

9 - 10
to last less than three months. However, this is not conclusive of the issue
and the second step of the investigation must then be undertaken.
2. If a worker does not clearly fall within the above categories, the second
step involves consideration of the worker’s pattern of employment over a
longer period of time. In order to determine whether the worker’s pattern
of employment is casual, it may be necessary to consider the worker’s
employment activities in the period prior to the injury. Normally, one year
would be the maximum period of inquiry.
The following are factors or characteristics that may favour categorization

of a worker’s pattern of employment as casual in nature:
• The worker has uncertain or unpredictable working hours.
• The worker has a significant variation in weekly earnings.
• The worker has the option to accept or reject requests to work without
penalty.
• The worker works “on call” for one or more employers. In certain
cases, however, a worker who works on call for one or more
employers may have predictable, consistent working hours which may
reflect a regular pattern of employment for which the general rules of
sections 210, 211 and 219 might apply.
An employer’s reference to a worker as a “casual worker” is not conclusive of the

worker’s categorization. All relevant factors must be considered and no single
factor is determinative. Relevant factors not listed in policy may also be
considered.
After the Board has considered the worker’s attachment to employment, the
evidence is weighed to determine whether the worker’s pattern of employment at
the time of the injury was casual in nature.
R.S.B.C. 2019, c. 1.
June 1, 2009 – Deleted references to Board officer and
decision-maker.
January 1, 2006 – Amended to clarify that, when determining
whether a worker’s pattern of employment was casual in nature,
the decision-maker should consider both the job at the time of
the injury and the worker’s pattern of employment. Policy also
amended to include the types of factors decision-makers should
consider.

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#67.20 Personal Optional Protection
If an employer or independent operator to whom the Board directs that the

compensation provisions apply under section 4(2) [coverage for
independent operators and employers] has purchased coverage under
this Act, the Board must determine the amount of the employer’s or
independent operator’s average earnings from the date of injury based on
the gross earnings for which coverage is purchased.
This is an exception to both general rules for determining average earnings. The
average earnings of a person entitled to personal optional protection under
section 4(2) of the Act are the earnings for which coverage has been purchased.
There is no 10-week average earnings review.
The maximum and minimum amount of earnings for which coverage can be
purchased may be obtained by contacting the Board.
If an applicant is applying for personal optional protection in an amount which

exceeds the maximum per month, proof of gross earnings must be provided. If
verification of earnings is not provided, the Board automatically reduces
coverage to the maximum per month. Proof of gross earnings must be in the
form of a certified copy of the applicant’s previous year’s tax return or a
declaration must be completed by a professional accountant (C.P.A.), lawyer or
notary public. This declaration must certify that the self-employed earnings of the
applicant for the previous year were equal to or exceeded the coverage
requested.
Because of frequent changes in the maximum wage rate, where coverage at the
maximum has been granted, the Board permits an application for personal
optional protection at the “maximum wage rate” with coverage and assessment
to be adjusted automatically from time to time.
If a claim is made in respect of an injury, a disablement from an occupational

disease, or a death from either cause occurring on or after January 1, 1978, the
minimum amounts of compensation provided for in sections 191(2), 192(2),
194(2) and 195(2) have no application to persons who have purchased personal
optional protection (Item AP1-4-3 of the Assessment Manual). However, the
minimum average earnings provided for in sections 171(4) and 172(5) do apply.
The amount of personal optional protection purchased will be used to calculate a

person’s average net earnings. Compensation will be based on 90% of the
person’s average net earnings calculated as set out in policy item #71.00.

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Compensation payable to persons entitled to personal optional protection is
subject to the same cost of living adjustments as compensation payable to other
persons.
CROSS REFERENCES: Policy item #34.20, Minimum Amount of Compensation for
Temporary Total Disability;
Policy item #35.23, Minimum Amount of Compensation for
Temporary Partial Disability;
Permanent Total Disability;
Permanent Partial Disability under Section 195;
Policy item #71.00, Average Net Earnings, of the Rehabilitation
Services & Claims Manual, Volume II;
Item AP1-4-3, Personal Optional Protection, of the Assessment
Manual.
R.S.B.C. 2019, c. 1.
March 18, 2003 – Policy amended as to where the maximum
and minimum wage rate figures may be obtained.
#67.30 Workers with No Earnings

If a worker had no earnings at the time of the injury, the Board must
determine the amount of a worker’s average earnings from the date of
injury in a manner that the Board considers appropriate.
This is an exception to both general rules for determining average earnings.

There is no 10-week average earnings review.
Persons working without pay are not generally considered as “workers” under the
Act. However, there are some exceptional situations of this type which are
covered and for which the Act or the Board has specified the earnings on which
compensation is to be based. These situations are described in policy
items #67.31 – #67.34.
CROSS REFERENCES: Policy item #67.31, Volunteer Workers Admitted by the Board
under Section 5;
Policy item #67.32, Volunteer Firefighters;
Policy item #67.33, Sisters in Catholic Institutions;
Policy item #67.34, Emergency Services Workers, of the
R.S.B.C. 2019, c. 1.

9 - 13
#67.31 Volunteer Workers Admitted by the Board under
Section 5
Section 213 of the Act provides that if a person who is deemed to be a worker
under section 5 [extending application: public interest undertakings] of the Act, is
not regularly employed, the Board may, on the terms and conditions the Board
directs, fix the amount of a person’s average earnings having regard to all the
circumstances, including the person’s income, at not less than the amount set
out below per week nor more than the maximum wage rate provided under
The minimum wage set out above is subject to cost of living adjustments as
described in policy item #51.20.
CROSS REFERENCES: Policy item #51.20, Dollar Amounts in the Act, of the
R.S.B.C. 2019, c. 1.
#67.32 Volunteer Firefighters

The average earnings of volunteer firefighters working without remuneration is
deemed to be the same in amount as the average earnings in their regular
employment or employments, not, however, to be less than the amount on which
the employer has been assessed (Item AP1-1-5 of the Assessment Manual).
In order to provide a minimum level of coverage to volunteer firefighters who

have no attachment to the labour force, the employer is assessed $75.00 per
month ($17.30 per week) for each person, unless the employer concerned has
arranged with the Board for, or pays the claimant, a higher amount.
Compensation is based on this rate unless or until wages are confirmed as being
lost at another job. In the latter case, the rate can be increased to the rate on the
job, but the $17.30 cannot be combined with it.
If the volunteer firefighter is unemployed, but has an attachment to the labour

force in the sense that the volunteer firefighter is seeking employment, wage-loss
benefits are determined on the average earnings from the last regular
employment. The fact that the volunteer firefighter is collecting Employment
Insurance benefits confirms for compensation purposes an attachment to the
labour force. The 12 months immediately preceding the volunteer firefighter’s

9 - 14
date of injury will be used to determine the amount of wage-loss benefits to be
paid. See policy item #68.40 with respect to employment insurance income and
the composition of average earnings.
If a volunteer firefighter is paid wages by the fire brigade these can be combined
with earnings from another job, but not to exceed the maximum wage rate.
Volunteer firefighters who have no attachment to the labour force such as a

retired person or someone in receipt of welfare payments would not generally
have a loss of wages as a result of an injury. Claims for these individuals are
paid on the basis of a $75.00 per month assessment figure or greater where the
employer arranges a higher valuation on the volunteer services.
There will be circumstances which do not fall squarely within these guidelines.
When that occurs, the decision on what best represents the loss of earnings
must be decided upon by the Board according to the merits and justice of the
particular case.
Firefighters, other than those referred to in the policies in Items AP1-1-5 and
AP5-245-2 of the Assessment Manual or firefighters whose employers are not
covered by the compensation provisions of the Act, but to whom personal
optional protection has been given, are to be assessed and paid on the same
basis as above.
AUTHORITY: Sections 1, 4, 212, and 243(1)(a) of the Act.
CROSS REFERENCES: Policy item #7.10, Coverage for Volunteer Firefighters;
Policy item #68.40, Employment Insurance Payments, of the
Item AP1-1-5, Coverage under the Act – Workers;
Item AP5-245-2, Assessable Payroll, of the Assessment Manual.
R.S.B.C. 2019, c. 1.
May 16, 2019 – Policy amended in accordance with changes to
the Act resulting from the Workers Compensation Amendment
Act, 2019, Bill 18 of 2019; which amended the definition of
firefighter in section 1 of the Act, removing the reference to
ambulance driver or attendant and to firefighters serving a
municipality.
March 18, 2003 – Inserted references from then
Items AP1-1-5 and AP1-38-2 in the Assessment Manual.
#67.33 Sisters in Catholic Institutions

Claims are occasionally received for teaching or nursing sisters of Catholic
institutions. If they are being paid wages they are treated as regular workers and
compensated on the basis of their actual earnings. If no wages are being paid,

9 - 15
their earnings are deemed to equal the amount on which their employers are
assessed. This amount is $75.00 per month ($17.30 per week) for each person.
#67.34 Emergency Services Workers

Average earnings used in claims by Emergency Services Workers (Provincial
Emergency Program Volunteers covered by the agreement between Canada and
British Columbia pursuant to Schedule 2 of the Emergency Program
Management Regulation under the Emergency Program Act) are based on the
earnings in the worker’s ordinary employment, but where the worker has no
regular employment are fixed by the Board at a figure not less than $25.00 per
week nor more than the maximum under the Act (Item AP1-5/6/7-1 of the
Assessment Manual).
CROSS REFERENCES: Policy item #111.24, Election to Claim Compensation;

Policy Item #111.25, Pursuing of Subrogated Actions by the
Board, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
#67.40 Apprentice or Learner

(1) This section applies to a worker who, at the time of injury, was
(a) an apprentice in a trade, occupation or profession, or
(b) a person referred to in paragraph (b) [training preliminary to

employment] of the definition of “worker” in section 1.
(2) If a worker’s injury results in a temporary disability that continues

after the initial payment period, the Board must, for the period
starting after the end of the initial payment period, determine the
amount of the worker’s average earnings based on the greater of
the following:
(a) the rate at which the worker was remunerated by each of the
employers for whom the worker was employed at the time of
the injury;
(b) the worker’s gross earnings, as determined by the Board, for

the 12-month period immediately preceding the date of
injury.
(3) If a worker’s injury results in a permanent disability, the Board must,

for the period starting on the date, as determined by the Board, that

9 - 16
the injury resulted in a permanent disability, determine the amount
of the worker’s average earnings based on the gross earnings, as
determined by the Board, for the 12-month period immediately
preceding the date of injury, of a qualified person employed at the
starting rate in the same trade, occupation or profession
(a) by the same employer, or
(b) if no person is so employed, by an employer in the same

region.
This is an exception to the general rule for determining long-term average

earnings.
The Board considers that an “apprentice in a trade” is an apprentice as defined

under the terms and conditions in the provincial Industry Training and
Apprenticeship Act or equivalent statute. The Industry Training and
Apprenticeship Regulation or equivalent provides a list of trades that require
compulsory certification.
The Board considers that an “apprentice in an occupation or profession” is a

worker who must complete an “apprenticeship” in order to obtain the license or
professional designation required to work in the occupation.
Section 216 of the Act includes a worker referred to in paragraph (b) of the
section 1 definition of “worker”. Paragraph (b) of the definition of “worker”
provides that a worker includes:
a person who
(i) is a learner who is not under a contract of service or

apprenticeship, and
(ii) becomes subject to the hazards of an industry within the

scope of the compensation provisions for the purpose of
undergoing training or probationary work specified by the
employer as a preliminary to employment.
The Board considers that a learner is a person who is undergoing training or

probationary work that is preliminary to employment. The training or
probationary work must be required by the employer and makes the person
subject to the hazards of an industry covered by the compensation provisions of
the Act. A person is not a learner when the person is under a contract or an
apprenticeship.
If a worker’s injury results in a temporary disability that continues after the initial
10-week payment period, the Board determines the amount of the worker’s
average earnings in accordance with section 216(2), based on the greater of:

9 - 17
(a) the rate at which the worker was remunerated by each of the
employers for whom the worker was employed at the time of the
injury; or
(b) the worker’s gross earnings, as determined by the Board, for the
12-month period immediately preceding the date of injury.
If a worker’s injury results in a permanent disability, the Board determines the

amount of the worker’s average earnings in accordance with section 216(3) of
the Act.
The Board will contact the injury employer to determine what a qualified person
employed at the starting rate in the same trade, occupation or profession earns
or would earn with the injury employer.
If this information is not available, the Board will contact an employer similar to
the injury employer, in the same region as the injury employer, to determine what
a qualified person employed at the starting rate in the same trade, occupation or
profession earns.
The Board is not limited to obtaining wage rate information from a single
employer. As such, the Board may use relevant information from employers in
the region on the average starting rate of various trades, occupations and
professions. This information may be used to determine the average earnings of
an apprentice or learner where relevant information is not available from the
worker’s employer.
The average earnings determined in accordance with section 216(3) of the Act
apply as of the date the Board determines that the worker’s injury has resulted in
a permanent disability. The earnings will be used to calculate a worker’s
entitlement to permanent disability benefits. It will also be used to calculate
wage-loss equivalency payments while a worker participates in a vocational
rehabilitation plan.
CROSS REFERENCES: Policy item #65.00, General Rules for Determining Short-Term
Average Earnings;
Policy item #66.00, General Rules for Determining Long-Term
Average Earnings, of the Rehabilitation Services & Claims
Manual, Volume II.
R.S.B.C. 2019, c. 1.
APPLICATION: Applies to an injury that occurs on or after July 1, 2012.

9 - 18
#67.50 Workers Employed with their Employer for Less than
12 Months
(1) This section applies to a worker who was employed, on other than
a casual or temporary basis, by the worker’s employer for less than
12 months immediately preceding the date of the injury.
(2) The Board’s determination of the amount of the worker’s average

earnings under section 211 [long-term compensation] must be
based on the gross earnings, as determined by the Board, for the
12-month period immediately preceding the date of injury, of a
person of similar status employed in the same type and
classification of employment
(a) by the same employer, or
(b) if no person is so employed, by an employer in the same

region.
This is a mandatory exception to the general rule for determining long-term

average earnings and applies to a worker with permanent employment.
To determine a worker’s average earnings under section 217 of the Act, the
Board will contact the injury employer to determine what the average earnings
are or would be of a person of similar status employed in the same type and
classification of employment.
If this information is not available, the Board will contact an employer similar to
the injury employer, in the same region as the injury employer, to determine what
the average earnings are of a person of similar status employed in the same type
and classification of employment.
The Board is not limited to obtaining wage rate information from a single
employer. As such, the Board may use relevant information from employers in
the region on the average earnings of a person of similar status employed in the
same type and classification of employment. This information may be used to
determine the average earnings of a worker who has worked less than
12 months for the injury employer where relevant information is not available
from the worker’s employer.
R.S.B.C. 2019, c. 1.

9 - 19
#67.60 Exceptional Circumstances
(1) If exceptional circumstances exist such that the Board considers

that the application of section 211 would be inequitable, the Board’s
determination of the amount of a worker’s average earnings may be
based on an amount that the Board considers best reflects the
worker’s loss of earnings.
(2) Subsection (1) does not apply in the circumstances described in

section 214, 215, 216 or 217.
As stated in section 218(2), this provision does not apply to the following:
● a casual worker;
● a person who purchased coverage under section 4(2) of the Act;
• a worker determined by the Board to be an apprentice or a learner; or
• a permanently employed worker who has been employed by the

employer for less than 12 months.
Section 218 is a discretionary provision and an exception to the application of

section 211 for determining a worker’s long-term average earnings. As such, it
will only be applied if the Board considers that, due to exceptional circumstances,
the application of section 211 is inequitable.
The purpose of this policy is to assist in identifying inequities where due to

exceptional circumstances the level of compensation calculated using the
general rule does not best reflect the worker’s long-term loss of earnings.
In making this determination, “best” does not mean the highest level of
compensation possible, but rather, that the level of compensation reflects the
actual loss incurred by the worker.
The general rule uses one year of a worker’s earnings history to account for
typical variations in earnings. Short absences from work for non-compensable
reasons, minor fluctuations in hours worked or rate of pay, or similar reasons for
changes to earnings are typical and will not be considered exceptional
circumstances.
The following are circumstances that are generally accepted as being

exceptional circumstances affecting a worker’s average earnings. This list is not
exhaustive. The Board may consider other reasons to find that exceptional
circumstances exist, if those reasons are consistent with the Act and the purpose
of this policy:

9 - 20
(a) Any prior period(s) when a worker received wage-loss benefits (or
wage-loss equivalent rehabilitation allowances/benefits) during the
12-month period immediately preceding the worker’s date of injury.
The Board considers it inequitable to reduce a worker’s average
earnings by including periods of wage-loss benefits (or wage-loss
equivalent rehabilitation allowances/benefits) in the average
earnings calculation.
• This circumstance may arise, for example, if a worker has

received temporary total disability wage-loss benefits, temporary
partial disability wage-loss benefits, vocational rehabilitation
training allowance or other types of wage replacement benefits.
The Board excludes any periods during which the worker received
wage-loss benefits (or vocational rehabilitation wage-loss
equivalent rehabilitation allowances/benefits) from the total period
over which earnings are averaged. In some cases, the Board may
use a shorter or longer period of the worker’s employment history to
determine what best reflects the worker’s average earnings.
(b) The Board determines that the worker has a regular pattern of
employment, and that the worker’s earnings in the 12-month period
immediately preceding the date of the injury do not reflect the
worker’s historical earnings because of a significant atypical and/or
irregular disruption in the pattern of employment during that period
of time.
• This circumstance may arise, for example, if the worker has had
an absence of more than six consecutive weeks in the 12-month
period immediately preceding the date of injury and the absence
was due to a non-compensable illness or injury, educational or
maternity/paternity reasons.
In such cases, the Board may deduct the period of the absence. In
addition, the Board may use a shorter or longer period of the
worker’s employment history (e.g., 24-month period) to determine
long-term average earnings.
(c) The Board is satisfied that the worker’s earnings in the 12-months
immediately preceding the date of injury do not address the
worker’s diminished future career options because of the nature
and degree of the injury.
• This circumstance may arise, for example, if the worker is a

student on a designated path of study at a provincially
recognized training or educational institution and was in
temporary employment unrelated to the worker’s field of study

9 - 21
(e.g. a part-time or seasonal job) at the time of the injury. Due
to the nature and degree of the injury, the worker is unable to
continue in the worker’s chosen field of study.
In such cases, the Board may determine the worker’s long-term

average earnings with reference to the class average of a qualified
person in an occupation directly related to the worker’s field of
study.
• This circumstance may also arise if the worker is under the age
of 25 (BC Stats defines youths as individuals aged 15 to 24) and
has completed a designated course of study at a provincially
recognized training or educational institution in the two years
immediately preceding the date of injury. Due to the worker’s
young age, the employment at the time of injury may not be
representative of the worker’s career path, as provided for by
the worker’s recent course of study.
In such cases, the Board may determine the worker’s long-term

average earnings with reference to the class average of a qualified
person in an occupation related to the young worker’s previous field
of study.
(d) Deductions must be made from the worker’s gross income to derive
the labour component of the worker’s average earnings.
• This circumstance may arise if the worker is self-employed and

receives remuneration based, in part, on operating costs or
expenses that must be deducted from the worker’s gross
business income to obtain the worker’s average earnings (e.g.,
costs for purchasing, operating or maintaining major
equipment).
In such cases, the Board may consider the worker’s earnings

history for a longer time period in order to incorporate information
required to accurately determine the worker’s long-term average
earnings.
R.S.B.C. 2019, c. 1.
May 1, 2008 – Policy amended to ensure decision-makers are
not limited to considering only the criteria set out in the policy
when determining whether exceptional circumstances exist; prior
periods of wage-loss compensation also expressly included.
APPLICATION: Applies to all decisions including appellate decisions made on or
after May 1, 2008.

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#68.00 COMPOSITION OF AVERAGE EARNINGS
A worker’s average earnings is normally composed of wages or salary.
However, the Board recognizes that a worker may receive other types of
payments. Board policy on the treatment of specific types of payments is set out
in policy items #68.10 to #68.80.
#68.10 Extraordinary or Irregular Wage Payments

Such items as commission, piecework, bonus, tips and gratuities must be
included in a worker’s average earnings where the Board can verify the
information provided to the Board through independent sources. Where wages
paid to a worker are supplemented by an additional amount representing
statutory holiday payments or vacation allowances, these additional amounts are
included in setting the wage rate on a claim.
#68.11 Overtime
Only regular overtime is included in the calculation of a worker’s average earnings.
#68.12 Severance or Termination Pay

Severance or termination pay received by a worker is not included in the
calculation of average earnings.
#68.13 Salary Increases

In calculating average earnings, no regard will normally be paid to salary increases
or promotions which a worker might have received if the injury had not occurred.
The only exception is where a salary increase is awarded which is retroactive to
before the injury.
#68.20 Employment Benefits
#68.21 Benefit Plans

Section 208(3)(a) of the Act provides:
The Board must not include the following in determining the amount of a
worker’s average earnings:
(a) the employer’s payments on behalf of the worker for
(i) contributions payable under the Canada Pension

Plan,

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(ii) premiums payable under the Employment Insurance
Act (Canada), and
(iii) contributions to a retirement, pension, health and

welfare, life insurance or other benefit plan for the
worker or the worker’s dependants.
The Board does not include these employment benefits as a component of

average earnings.
R.S.B.C. 2019, c. 1.
#68.22 Room and Board

The dollar value of room and board or an allowance in lieu of room and board
that is provided by an employer as part of a worker’s remuneration is included in
the calculation of average earnings. This includes any payment made by the
worker for the continuation of room and board while disabled.
A distinction should be made between room and board which is provided in total
or in part by an employer as the remuneration for services rendered and room
and board incurred as a business expense by the employer.
One example of a business expense is where an official of a company makes a

business visit out of town and incurs the cost of hotel and meals. On return, the
official submits an expense account and the actual expenses are refunded by the
employer. Another example of a business expense is where room and board is
provided to a worker at a remote worksite.
In situations where room and board is incurred as a business expense, the Board
does not consider the expenses when calculating a worker’s average earnings.
A situation where room and board is considered remuneration is for resident

caretakers of apartment buildings. The value of any free or subsidized apartment
provided with the job is considered when determining average earnings. If
specific evidence is not available, section 17 of the Employment Standards
Regulation may be referred to when valuing an apartment.
Where a worker continues to be provided with room and board during the
disability without extra charge and the worker’s salary is continued by the
employer, any reimbursement to the employer carried out by the Board will,
subject to the maximum wage rate under the Act, include the value of room and
board as well as the worker’s salary.

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If an employer withdraws room and board during the disability, that portion of
wage-loss benefits representing the dollar value of the room and board would be
paid directly to the worker.
Policy item #68.00, Composition of Average Earnings, of the
R.S.B.C. 2019, c. 1.
APPLICATION: Applies to all decisions made on or after December 1, 2010.
#68.23 Special Expenses or Allowances

Section 208(3)(b) of the Act provides:
The Board must not include the following in determining the amount of a
worker’s average earnings:
(b) special expenses or allowances paid to the worker because

of the nature of the worker’s employment.
Although a worker may receive payments in respect of work-related expenses or

allowances, these payments will not be included in the calculation of average
earnings.
Examples of special expenses or allowances include:
• tool allowances paid to tradespersons;
• safety boot allowances provided to workers required to wear safety

boots due to the nature of their work;
• clothing allowances for workers required to wear special apparel for

their work;
• dry-cleaning allowances;
• vehicle allowances; and
• travel allowances.
R.S.B.C. 2019, c. 1.
#68.30 Strike Pay

Strike pay is not included when calculating a worker’s earnings.

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#68.40 Employment Insurance Payments
If income from employment benefits was payable to a worker under the

Employment Insurance Act (Canada) during the period for which average
earnings are to be determined, the Board may include that income in the
determination only if the Board considers that the worker’s employment
during that period was in an occupation or industry that results in recurring
seasonal or recurring temporary interruptions of employment.
This is a discretionary provision and will be applied only where the evidence
supports a finding that the worker received employment insurance benefits due
to the worker’s employment in an occupation or industry that results in recurring
seasonal or temporary interruptions of employment.
The Board may collect the necessary data to compile a list of industries and
occupations that result in recurring seasonal or temporary interruptions of
employment. The list must give regard to regional considerations and may adopt
information from sources such as British Columbia Statistics, Statistics Canada
or the department continued under the Department of Employment and Social
Development Act (Employment and Social Development Canada – “ESDC”).

R.S.B.C. 2019, c. 1.
February 1, 2020 – Policy amended to provide guidance on the
legal issues of standard of proof and evidence.
June 1, 2009 – Updated reference to Human Resources and
#68.50 Property Value Losses

No account will be taken of losses in property values alleged to be the result of
the work injury, for example, where the injured person is disabled from working
on and improving land which the person owns or there is a loss of goodwill in the
business because of an inability to work in it.
#68.60 Payments in Respect of Equipment

Any portion of the wages paid to a worker which represents rental of equipment
supplied by the worker is excluded from average earnings.
R.S.B.C. 2019, c. 1.

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#68.61 Workers Deducting Business and/or Equipment Expenses
Section 208(1) of the Act provides that the Board must determine the amount of
a worker’s average earnings and the worker’s earning capacity with reference to
the “worker’s average earnings and earning capacity at the time of the worker’s
injury.”
A worker’s earnings may include payment for business expenses or costs

associated with equipment. Such a worker’s average earnings are calculated
based on the labour component of the worker’s earnings, which is the portion of
the earnings that remains after deductions for business expenses and/or costs
associated with equipment.
This policy enables the Board to determine the labour component of a worker’s
earnings where the worker receives payment for providing services, out of which
the worker must pay for any business expenses and/or costs associated with
equipment that is a required component of the contract of service. Such
equipment is normally required to fulfill the contract, and represents a portion of
the worker’s costs in providing the service.
Generally, where a worker may deduct business expenses and/or costs

associated with equipment from the worker’s earnings for business or tax
purposes, this suggests that the worker’s earnings include payment in respect of
such costs and/or expenses. This policy does not apply to a worker receiving
separate special expense reimbursements or allowances from an employer; the
Board considers such payments under policy item #68.23.
(a) Short-Term Average Earnings
Business expenses (that is, expenses not associated with equipment) are
generally not considered in a worker’s short-term average earnings.
To calculate short-term average earnings for a worker who for business or

taxation purposes deducts costs associated with equipment, the Board does not
consider the worker’s actual costs at the time of the injury.
The Board determines the labour component of such a worker’s short-term

average earnings by applying a percentage that represents the costs of
supplying the appropriate category of equipment from the worker’s date of injury
earnings, set out as follows:
(i) Light Equipment
Where light equipment is supplied, the gross figure will be converted to

gross wages by applying the following percentages.
Equipment Wages
15% 85%

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Examples of light equipment include chain saws, lawn mowers, and
portable welding equipment and compressors not permanently mounted
on vehicles.
(ii) Medium Equipment
Where medium equipment is supplied, the gross figure will be converted

to gross wages by applying the following percentages.
Equipment Wages
40% 60%
Examples of medium equipment include motor vehicles used for pilot car
or local delivery services, and minor excavating equipment (e.g. two-wheel
drive agriculture-type tractors, complete with backhoe attachments and/or
front-end loader attachment).
(iii) Heavy Equipment
Where heavy equipment is supplied, the gross figure will be converted to

gross wages by applying the following percentages.
Equipment Wages
75% 25%
Examples of heavy equipment include logging trucks, skidders, bulldozers,

and line haul trucks.
(b) Long-Term Average Earnings
In calculating the long-term average earnings of a worker who for business or

taxation purposes deducts business expenses and/or costs associated with
equipment, the Board decides which costs and/or expenses will be deducted
from gross earnings to determine the labour component of the worker’s gross
earnings.
In determining whether the Board will deduct a business expense or a cost

associated with equipment from a worker’s gross earnings, the Board considers
the following questions as appropriate:
1) Did the worker’s gross earnings for the time period under review
include payment in respect of the expense?
2) Did the worker incur the expense directly as a result of supplying

equipment and/or materials to the employer?

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3) Did the expense result from the worker operating the worker’s
business?
4) Would the worker incur the expense regardless of the nature of the
employment?
To calculate the amount the Board will deduct as an expense for equipment
depreciation, the worker will be asked to provide the purchase price for any
equipment that is a required component of the contract of service. The purchase
price of such equipment is usually the invoiced value of the asset(s), including
applicable taxes. Where a worker trades in another asset in order to purchase a
new asset, the trade does not reduce the value of the acquired asset for the
purposes of determining the purchase price.
The capital cost allowance or depreciation amount for equipment that is a

required component of the contract of service will be deducted from gross
earnings where it does not exceed 15 percent of the purchase price of the
equipment.
Where the capital cost allowance or depreciation amount exceeds15 percent of

the purchase price, 15 percent of the purchase price will be deducted from gross
earnings instead of the capital cost allowance or depreciation amount.
Where the worker does not declare a capital cost allowance or a depreciation
amount for equipment that is a required component of the contract of service, the
Board will not make a deduction for equipment depreciation from gross earnings
for that equipment.
Interest accrued (whether paid or not) as the result of debt in respect of

equipment owned by a worker that is a required component of the contract of
service is considered a business expense. The accrued interest is deducted
from gross income.
R.S.B.C. 2019, c. 1.
APPLICATION: The revised policy applies to injuries that occur on or after
August 1, 2006.
#68.62 Fishers
Generally, where a fisher may deduct business expenses and/or costs
associated with equipment from the fisher’s earnings for business or tax
purposes, this suggests that the fisher’s earnings include payment in respect of
such costs. In calculating the earnings of a fisher who, for business or taxation
purposes, deducts business expenses and/or costs associated with equipment,
the Board decides which costs and/or expenses will be deducted from gross

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earnings to determine the labour component of the fisher’s gross earnings. This
policy does not apply to a fisher receiving separate special expense
reimbursements or allowances from an employer; the Board considers such
payments under policy item #68.23.
In determining whether the Board will deduct a business expense or a cost

associated with equipment from a fisher’s gross earnings, the Board considers
the following questions as appropriate:
1) Did the fisher’s gross earnings for the time period under review
include payment in respect of the expense?
2) Did the fisher incur the expense directly as a result of supplying

equipment and/or materials for fishing activities?
3) Did the expense result from the fisher operating his or her
business?
4) Would the fisher incur the expense regardless of the nature of the
employment?
To calculate the amount the Board will deduct as an expense for equipment
depreciation, the fisher will be asked to list the purchase price of the vessel or the
other equipment used to harvest fish. The purchase price of a vessel or
equipment used to harvest fish is the invoiced value of the asset(s), including
applicable taxes. Where a fisher trades in an equipment asset in order to
purchase a new equipment asset, the trade does not reduce the value of the
acquired equipment asset for the purposes of determining the purchase price.
The capital cost allowance or depreciation amount for a vessel or equipment

used to harvest fish will be deducted from gross earnings where it does not
exceed 15 percent of the purchase price of the equipment.
Where the capital cost allowance or depreciation amount exceeds 15 percent of

the purchase price, 15 percent of the purchase price will be deducted from gross
earnings instead of the capital cost allowance or depreciation amount.
Where the fisher does not take a capital cost allowance or a depreciation amount
for a vessel or equipment used to harvest fish, the Board will not perform a
deduction for equipment depreciation from gross earnings for that equipment.
Interest accrued (whether paid or not) as the result of debt in respect of a fishing
vessel used and owned by a commercial fisher is considered a business
expense. The accrued interest is deducted from gross income.
The purchase of food as a business expense is not deducted from gross income
as it is considered a direct benefit to the fisher and is a measurable return from
the activities of fishing. The costs of maintenance for the vessel or other

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equipment used to harvest fish, fuel, fishing nets, and other appropriate costs are
deducted from gross income as costs associated with equipment. See also
policy item #65.03.
R.S.B.C. 2019, c. 1.
APPLICATION: The revised policy applies to injuries that occur on or after
August 1, 2006.
#68.70 Payments to Substitutes

A worker may be partially able to perform the normal work or work full-time at
other types of work, but pay a substitute to carry out jobs which the worker is
unable to do. Wage-loss benefits will still be paid in respect of the payment to
the substitute but only to the extent of the difference between the value of the
work being performed by the worker and the lesser of the worker’s average net
earnings and the statutory maximum. Where the value of that work exceeds the
worker’s average net earnings or the statutory maximum, no wage-loss benefits
are paid.
Where the worker is a principal of a limited company, the amount paid to a

substitute may be one indication of the principal’s pre-injury earnings level if
these earnings are not otherwise clearly ascertainable because, for example,
earnings have consisted of sporadic withdrawals from the income or profits of the
corporation. If the principal continues to work in the business after the injury
while employing a substitute to carry on part of the pre-injury functions, the
amount paid to the substitute may, in comparison with the pre-injury earnings, be
a factor in computing the value of the principal’s post-injury work. Regard would,
however, also have to be had to the nature and extent of the principal’s activities
after the injury compared with before the injury and the continued income
received from the business after allowing for the costs of operation.
Where a worker has personal optional protection, wage-loss benefits are

calculated without regard to the fact that the worker is employing a substitute to
do all the pre-injury work.
R.S.B.C. 2019, c. 1.
#68.80 Government Sponsored Work Programs

A variety of payment systems are currently in use for work programs, such as:
1. The simple continuation of Employment Insurance, Welfare or other

benefits.

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2. A “top-up” of Employment Insurance, Welfare or other benefits.
3. Full payment by the employer, subsidized either in whole or in part

from Employment Insurance, Welfare or other government funds.
In cases of this type, the composition of average earnings is made up of the total
dollar amount being paid to the worker either by the employer or the sponsoring
government agency or a combination of either.
R.S.B.C. 2019, c. 1.
#68.90 Principals – Composition of Earnings

The Assessment Manual sets out who may be a principal, and criteria for
determining whether a principal is a worker. Principals’ average earnings are
calculated based on earnings from employment, including earnings shown on
official statements issued by the firm for income tax purposes and management
fees. When determining the composition of a principal’s average earnings, the
Board may consider dividends and the repayment of a principal's loan to the
employer as earnings in cases where it is shown that the amount received by the
principal represents payment for the principal’s labour.
If reported earnings are being received by a principal’s spouse or child, then it

should normally be considered for compensation purposes that the earnings
belong to the spouse or child and not the principal. The same applies if
information of this nature has been provided on Income Tax Reports.
In making reports of this nature for Income Tax purposes, the company is
asserting that the principal’s spouse or child did work in the business and did
earn the money paid. The Board is required to consider any evidence which may
show that this assertion is incorrect and to make its own determination.
However, the Board is entitled to rely upon this assertion unless there is
evidence to the contrary. Even if, upon investigation, the evidence shows that
the spouse or child did not work for the company, that in itself does not mean that
the payments to the spouse or child were earnings of the principal. There could
be any number of other reasons why the company might make payments to the
spouse or child.
In compensating the principal of a small limited company, the Board’s obligations

extend only to the losses suffered in the capacity of employee. Wage-loss
benefits cannot be paid to reflect any detrimental effect that the injury may have
on the company’s business.
R.S.B.C. 2019, c. 1.

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January 1, 2008 – Amendments to provide principals will be
compensated based on their actual average earnings, as most
other workers are.
APPLICATION: Applies to all decisions made on or after February 1, 2020,
respecting the calculation of average earnings for principals with
injuries that occur on or after January 1, 2008.
#69.00 MAXIMUM AMOUNT OF AVERAGE EARNINGS

Section 208(2) provides that a worker’s average earnings cannot exceed the
“maximum wage rate” as determined under section 209.
The Act contains a special procedure for determining the maximum wage rate in
force in any year.
(1) Before the end of each calendar year, the Board must determine
the maximum wage rate applicable for the following calendar year.
(1.1) As an exception to subsection (1), the maximum wage rate for 2021
is $100 000.
(2) The maximum wage rate to be determined under this section must
be an amount, which may be rounded to the nearest $100, that the
Board considers represents the same relationship to the amount of
$100 000 as
(a) the annual average of wages and salaries in British

Columbia for the year preceding the year in which the
determination is being made
bears to
(b) the annual average of wages and salaries in British

Columbia for the year 2019.
(3) For the purpose of determining annual average of wages and

salaries under this section, the Board may use data published or
supplied by Statistics Canada.
Prior to 2020, the Act referred to $40,000 and 1984 as the factors in the formula
for calculating the maximum for the following calendar year. Prior to 1986, the
Act referred to $11,200 and 1972 as the factors in the formula for calculating the
maximum for the following calendar year.

9 - 33
For the maximum wage rates in force used to calculate temporary and
permanent disability benefit payments, see below.
Yearly
Applicable
January 1, 2019 – December 31, 2019 $84,800.00
The maximum wage rate is not subject to consumer price index adjustments.
Nor can a worker who is in receipt of the current maximum compensation
benefits receive the benefit of such adjustments. However, if the maximum wage
rate is increased in any year, workers injured in a prior year who were limited by
the maximum compensation for that year can receive the benefit of any
applicable cost of living adjustments occurring after the increase. Such
adjustments are calculated using the previous maximum as a base and cannot at
any time increase the worker’s compensation above the current maximum.
Increases in the maximum wage rate do not have the effect of increasing the
existing compensation being paid to workers whose payments have been limited
by the lower maximum existing in a previous year. Exceptions to this rule may
occur if, on a reopening occurring more than three years after a worker’s injury,
the Board exercises its authority under section 193 or section 197 to base the
amount of compensation payable on the worker’s earnings at the date of the
reopening (policy item #70.20).
Authority to approve increases in the maximum wage rate under section 209 has
been assigned to the President.
CROSS REFERENCES: Policy item #70.20, Reopenings Over Three Years, of the
maximum wage rate provisions of the Act by the Workers
August 14, 2020.
R.S.B.C. 2019, c. 1.

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#69.10 Deduction of Permanent Disability Periodic Payments
from Wage-Loss Benefits
If a worker is receiving compensation for a permanent or temporary

disability, the worker must not receive compensation for a further or other
disability in an amount that would result in the worker receiving
compensation that, in total, is in excess of the maximum payable for total
disability.
If a worker is entitled to wage-loss benefits at the current maximum, and is in

receipt of permanent disability benefits under a previous claim, the permanent
disability benefit periodic payment is deducted from the wage-loss benefits
payments. If the wage-loss benefits payments are less than the current
maximum only the amount in excess of the maximum when the permanent
disability benefits payment and wage-loss benefits payment are added together
is deducted.
For calculating the amount of a deduction, the daily rate of the permanent
disability benefits must be determined and then deducted from the daily rate of
wage-loss benefits in the manner set out in policy item #70.10.
The deduction made under section 200 must be reviewed on each January 1
following the injury. This is to allow for possible cost of living adjustments to the
amount of the permanent disability benefits and the wage-loss benefits and, with
regard to January 1, changes in the maximum wage rate. For the purpose of
section 200, the relevant maximum is the one applying in the year in which the
wage-loss benefits payment is being made.
For the deduction from wage-loss benefits of permanent disability benefits under
the same claim, reference should be made to policy items #70.00, #70.10, and
#70.20.
CROSS REFERENCES: Policy item #70.00, Average Earnings on Reopened Claims;
Policy item #70.10, Disability Occurring Within Three Years of
Injury;
Policy item #70.20, Reopenings Over Three Years, of the
R.S.B.C. 2019, c. 1.

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#69.11 Permanent Disability Lump Sum Compensation
If a worker has received a lump sum in place of the periodic payments that
otherwise would have been payable for a permanent disability, the worker
is deemed, for the purposes of subsection (1), to still receive the periodic
payments.
If a worker is entitled to receive wage-loss benefits on a new claim and has

received a lump-sum payment on any prior claim (in place of a monthly
permanent disability periodic payment), the permanent disability benefits will be
deducted only to the extent that it is necessary to ensure that the worker does
not receive more compensation in total than the current maximum payable for
total disability.
In the case of a reopening of the same claim within three years, any previous
lump-sum payment (in place of a permanent disability periodic payment) will be
deducted from the current daily wage-loss benefit payments. The same position
exists in respect of reopenings of the same claim after three years where the
worker’s pre-injury earnings are used to calculate benefits. If, however, in the
case of a reopening after three years, wage-loss benefits for a recurrence of
temporary disability are based on the worker’s current earnings under the terms
of sections 193(1) and 193(2), any previous lump-sum payment (in place of a
permanent disability periodic payment) will not be deducted in accordance with
section 193(3), except to the extent that the combined total exceeds the
maximum wage rate in effect at the time of the recurrence.
While the question whether a lump-sum payment is deducted is determined by its

monthly equivalent at the time of the commutation, the amount actually deducted,
is the monthly equivalent at the time the deduction is made. The amount
available for deduction includes cost of living adjustments which have occurred
since the commutation was granted.
CROSS REFERENCES: Policy item #45.00, Lump Sums and Commutations;
Policy item #45.10, Permanent Disability Periodic Payment
Categories/Lump Sum Compensation;
Policy item #70.20, Reopenings Over Three Years, of the
HISTORY: September 1, 2020 – Policy amended to remove a spent
provision, and reverse a housekeeping change.
R.S.B.C. 2019, c. 1.

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#70.00 AVERAGE EARNINGS ON REOPENED CLAIMS
#70.10 Disability Occurring Within Three Years of Injury

If a claim is reopened for temporary total or temporary partial disability within
three years of the date of injury (or the equivalent date in the case of
occupational diseases), the wage rate set on the claim at the time of the injury is
the rate to be used. In applying this policy, if the wage rate was set before
June 30, 2002, the wage rate for a recurrence of disability must be reset in order
to convert it from a rate based on 75% of gross average earnings to a rate based
on 90% of average net earnings. This conversion will involve using wage
information from the time of the injury plus applicable cost of living adjustments
and the relevant tax provisions at the time of recurrence of disability.
This could be either the original rate or the rate review figure if such an
adjustment has occurred.
Any permanent disability benefits granted under the same claim are deducted
from the amount of the wage-loss benefits payments. Permanent disability
benefits that have been granted on another claim are deducted only to the extent
that the combined total of wage-loss benefits and permanent disability periodic
payments exceeds the current maximum. Cost of living adjustments are made if
applicable.
If permanent partial disability benefits are being paid on the same claim, the
wage-loss benefits payments are calculated as the difference between the total
compensation payments and the permanent partial disability periodic payments
in the following manner:
1. The annual permanent disability payment amount is calculated by

multiplying the monthly figure by 12.
2. The annual permanent disability payment amount is divided by the

working days per year to obtain a daily rate.
5-day week = 261 days
5-1/2-day week = 287 days
3. The daily permanent disability payment amount is deducted from

the daily wage-loss benefits payment (policy item #69.00).

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If a 10-week rate review has not already been carried out on the claim and one is
required, it will be done by the Board officer following the reopening at the earlier
of: when the total wage-loss benefits paid on the claim add up to ten weeks or
the effective date of permanent disability benefits.
CROSS REFERENCES: Policy item #69.00, Maximum Amount of Average Earnings, of
R.S.B.C. 2019, c. 1.
APPLICATION: To all adjudication decisions made on or after the effective date.
#70.20 Reopenings Over Three Years

(1) This section applies if there is a recurrence of temporary total

disability or temporary partial disability of a worker after a lapse of
3 years following the occurrence of the injury to the worker.
(2) For the purpose of determining the amount of compensation

payable to the worker, the Board may calculate the compensation
as if the date of the recurrence was the date of the injury if the
Board considers that, by doing so, the compensation payable would
more closely represent the percentage of actual loss of earnings of
the worker by reason of the recurrence of the injury.
(a) a worker receives compensation for permanent partial

disability for the original injury, and
(b) compensation for recurrence of temporary total disability

under subsection (2) is calculated by reference to the
average earnings of the worker at the date of the recurrence,
the compensation under this section must be calculated without

deduction of the compensation payable for the permanent partial
disability.
(4) The total compensation payable under this section must not be
greater than the maximum payable under this Part [Part 4 –
Compensation to Injured Workers and Their Dependants] at the
date of the recurrence.

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(1) This section applies if, more than 3 years after a worker’s injury,
(a) a permanent disability resulting from the injury occurs, or
(b) an increased degree of permanent disability resulting from

the injury occurs.
(2) Despite section 208(1) [determination of average earnings as at

time of injury], the Board may calculate the compensation by
reference to the average earnings of the worker at the date of the
occurrence of the permanent disability or increased degree of
permanent disability, as applicable.
This policy sets out how the Board determines compensation benefits if a claim is
reopened because the worker’s temporary disability recurs, or a permanent
disability occurs or increases, more than three years after the date of the original
compensable injury.
If a temporary disability recurs more than three years after the original injury,
section 193(2) of the Act gives the Board the discretion to calculate a worker’s
compensation as if the recurrence were the date of the injury. This means the
Board may use the worker’s earnings at the time of the recurrence to calculate
compensation benefits. The date used by the Board to determine whether more
than three years have passed since the original injury, is the date the worker first
experiences a loss of earnings, or potential loss of earnings, due to the
recurrence of temporary disability.
If a permanent disability occurs or increases in degree more than three years

after the worker’s original injury, section 197 of the Act applies. This means the
Board may use the worker’s earnings at the time that the permanent disability
occurs or increases in degree to calculate benefits. The date used by the Board
to determine whether more than three years have passed since the original injury
is the date the permanent disability occurs or increases in degree.
1. DETERMINING EARNINGS USED TO CALCULATE COMPENSATION

PAYABLE
To determine the earnings used to calculate compensation payable on a
reopening of a claim more than three years after the injury, the Board compares:
• the worker’s earnings at the date of the original injury, with applicable
cost of living adjustments; and
• the worker’s current earnings at the date of the recurrence of

temporary disability or the occurrence or increase in degree of

9 - 39
When comparing a worker’s earnings, the Board looks at the average earnings
originally set on the claim. If long-term average earnings were previously set, the
Board compares those earnings to the worker’s current earnings, which are
determined in accordance with sections 210 to 219 of the Act. If no long-term
average earnings were previously set, then the short-term average earnings are
used to make the comparison.
If the original earnings on the claim were set before June 30, 2002, it may be
necessary to recalculate those earnings to convert them from 75% of gross
average earnings to 90% of average net earnings. This conversion involves
using the worker’s earnings at the date of the original injury plus applicable cost
of living adjustments, and the relevant tax provisions at the date of the
recurrence of the temporary disability or at the date the permanent disability
occurs or increases in degree.
Cost of living adjustments that occur pursuant to section 334(3) of the Act in the
first twelve months following the recurrence of the temporary disability, or
increase or occurrence of the permanent disability, are not applicable to
compensation benefits calculated in accordance with this policy.
1.1 Current Earnings Used to Determine Compensation Payable
If a worker’s current earnings are higher than the original earnings, the current
earnings will generally be used to calculate compensation payable. In these
cases the Board considers that the current earnings more closely represent the
actual loss of earnings of the worker by reason of the recurrence of temporary
disability or occurrence or increase in permanent disability.
Current earnings may be used if a worker has reduced or no earnings at the date
of the recurrence of the temporary disability, or at the date the permanent
disability occurs or increases in degree, for reasons unrelated to the disability.
Examples include, but are not limited to, the following:
• If the worker has no current earnings for reasons unrelated to any

disability and there is no potential loss of earnings, then no wage-loss
benefits are payable. In cases where a permanent disability occurs or
increases in degree, the worker may be eligible for benefits under
section 195(1) of the Act. If eligibility is established, the amount under
section 195(1) of the Act is calculated on the basis of the worker’s
earnings at the date of the original injury, plus applicable cost of living
adjustments.
• If the worker has reduced earnings for reasons unrelated to the

compensable disability and the disability does not prevent the worker
from earning an increased income, then compensation benefits are
based on the worker’s earnings at the date of the recurrence, or the
occurrence or increase of degree of permanent disability.

9 - 40
In these types of situations, the Board considers that the current earnings more
closely represent the actual loss of earnings of the worker by reason of the
recurrence of temporary disability or occurrence or increase in permanent
disability.
Finally, in the event that the original earnings, plus applicable cost of living
adjustments, and the current earnings are equal, compensation benefits are
based on the worker’s current earnings.
If the current earnings are used to calculate compensation benefits for a

recurring temporary disability, the initial payment period provided in section 210
of the Act recommences.
1.2 Original Earnings Used to Determine Compensation Payable
A worker may have reduced or no earnings at the date of the recurrence of

temporary disability, or occurrence or increase in degree of permanent disability,
because the disability produces a potential for loss of earnings. In these cases,
the Board may use the worker’s earnings at the date of the original injury, plus
the applicable cost of living adjustments, to calculate compensation benefits.
In determining if there is a potential loss of earnings due to the disability, the

factors the Board may consider include, but are not limited to, the following:
(a) If the worker is unemployed or has reduced earnings, is it likely that

the worker would have found work or earned a higher income if not
for the disability? If yes, this may indicate that there is a potential
loss. However, if an economic downturn or other employment
difficulties caused the worker’s earnings to decrease, this may
indicate there is no potential loss.
(b) If the worker is unemployed, does the worker’s lifestyle render it

unlikely that the worker will obtain employment? For example, if
the worker moved to a remote area where there are limited
employment opportunities, this may indicate that there is no
potential loss.
(c) If the worker is unemployed, is the worker actively searching for a

job? Has the worker registered with any provincial or federal
government agencies to assist in the job search? If so, this may
indicate there is a potential loss.
(d) Are there any other non-compensable health conditions or personal

problems that limit the possibility for the worker to earn an
increased income, or gain employment? If so, this may indicate
that there is no potential loss.

9 - 41
(e) Has the worker maintained union status? If the worker has
remained available for dispatch to jobs, or been dispatched to jobs,
then this may indicate a potential loss. If the worker has declined
offers of dispatch, this may indicate no potential loss.
(f) Was the worker recently on some form of worker’s compensation or

other disability benefit due to a different disability? Has the worker
since recovered but not yet returned to work? If so, this may
indicate a potential loss.
2. WORKER RECEIVING PERMANENT PARTIAL DISABILITY BENEFITS

FOR THE SAME DISABILITY
If wage-loss benefits for a recurrence of a temporary disability are based on the

worker’s current earnings and, if the worker receives permanent partial disability
benefits in respect of the original injury, subsections 193(3) and 193(4) apply.
Therefore, the permanent disability periodic payment is not deducted from the
wage-loss benefits except to the extent that the combined total is greater than
the maximum wage rate in effect at the time of the recurrence. (See also policy
item #69.11.)
3. PERSONS WITH PERSONAL OPTIONAL PROTECTION
This policy applies to persons who purchased Personal Optional Protection at the
date of the original injury and/or at the date of the recurrence of the temporary
disability, or occurrence or increase in degree of the permanent disability.
Compensation benefits for such persons are calculated in accordance with this
policy, except that the Board will use the amount of Personal Optional Protection
coverage purchased in determining the person’s earnings.
4. PRIOR OCCASION WHEN SECTION 193 OR 197 WAS APPLIED
If, on a previous reopening of the claim, section 193 or 197 of the Act or their
predecessors were used to base compensation on the worker’s current earnings,
any rate resulting from the previous application of section 193 or 197 is ignored
at the time of the later reopening.
R.S.B.C. 2019, c. 1.
APPLICATION: Applies to all decisions made on or after June 1, 2010.

The Board’s policy with respect to a reopening of claims after three years, where
permanent disability lump sum compensation or permanent disability
compensation for a fixed term is involved, is as described in policy item #69.11.

9 - 42
CROSS REFERENCES: Policy item #69.11, Permanent Disability Lump Sum
Compensation and Permanent Disability Compensation for a
Fixed Term, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
#71.00 AVERAGE NET EARNINGS

Effective June 30, 2002, compensation is based upon 90% of a worker’s average
net earnings.
Before calculating a worker’s average net earnings, the Board determines the
worker’s average earnings. The process for determining a worker’s average
earnings is described in policy items #65.00 − #70.30.
The Board establishes a worker’s average net earnings by deducting the

following items from the worker’s average earnings:
(a) probable EI premiums;
(b) probable CPP contributions; and
(c) probable income taxes.
The Board does not consider the actual amounts deducted from a worker’s pay
cheque for the items listed in (a) – (c) above. Instead, the Board must estimate
the probable deductions for these items.
Under sections 220 and 221 of the Act, the Board calculates a worker’s average
net earnings at two stages in the claim process as described below.
R.S.B.C. 2019, c. 1.
#71.10 Short-term Average Net Earnings

Under section 220 of the Act short-term average net earnings apply to the period
set out in section 210.
Under section 210, the short-term average net earnings period begins on the
date of the worker’s injury and ends on the earlier of:
(a) the date wage-loss benefits have been payable to the worker for a
cumulative period of 10 weeks; or

9 - 43
(b) the effective date of permanent disability compensation.
Schedule of Deductions
Effective January 1st each year, the Board implements a schedule of deductions
(“Schedule”) for earning levels up to the statutory maximum. The Schedule
reflects the federal and provincial income tax rates and the levels of CPP
contributions and EI premiums in effect for the immediately preceding calendar
year. As a result, any changes to these items during a calendar year are not
reflected in the Schedule until January 1st of the following year.
The Board uses the Schedule to determine the CPP contributions, EI premiums
and income taxes applicable to a worker’s average earnings. As a result, all
workers with the same average earnings have the same deductions made for
CPP contributions, EI premiums and income taxes.
When calculating a worker’s short-term average net earnings, the applicable

Schedule is that which is in effect on the date of the worker’s injury.
Probable CPP and EI
Deductions for probable CPP contributions and EI premiums are based on the
requirements of the Canada Pension Plan Act and the Employment Insurance
Act. When determining these deductions, the Board considers the contributions
and premiums required under those Acts for the worker’s average earnings. The
Board does not consider the actual CPP contributions and EI premiums deducted
from the worker’s paycheque.
Probable Income Taxes
In estimating probable income taxes for short-term average net earnings, the
Board applies only the following tax credits under the Income Tax Act and the
Income Tax Act (Canada):
(a) credits based on the basic personal amounts, multiplied

by 1.5; and
(b) credits for the probable CPP contributions and EI premiums

payable for the worker’s average earnings.
All workers receive tax credits equaling 1.5 times the basic personal amounts,
regardless of actual tax status. As well, deductions for probable income taxes
are made regardless of whether the worker is required to pay taxes under the
Income Tax Act and the Income Tax Act (Canada).

R.S.B.C. 2019, c. 1.

9 - 44
#71.20 Long-term Average Net Earnings
Under section 221 of the Act long-term average net earnings apply to the period
commencing on the earlier of:
(a) the first day after the date wage-loss benefits have been payable to
the worker for a cumulative period of 10 weeks; or
(b) the effective date of permanent disability benefits.
Formulas for Deductions
Effective January 1st each year, the Board implements formulas, based on those
used by the Canada Revenue Agency, to calculate long-term average net
earnings. The formulas reflect the federal and provincial income tax rates and
the levels of CPP contributions and EI premiums in effect for the immediately
preceding calendar year. As a result, any changes to these items during a
calendar year are not incorporated into the formulas until January 1st of the
following year.
When calculating long-term average net earnings, the Board uses the formulas to
determine the CPP contributions, EI premiums and income taxes applicable to a
worker’s average earnings.
When calculating a worker’s long-term average net earnings, the Board uses the
formulas in effect on the earlier of the first day after the date wage-loss benefits
have been payable to the worker for a cumulative period of 10 weeks; or the
effective date of permanent disability benefits.
Probable CPP and EI
Deductions for probable CPP contributions and EI premiums are determined in a

similar manner as for short-term average net earnings. When determining these
deductions, the Board considers the contributions and premiums required under
the Canada Pension Plan Act and the Employment Insurance Act for the
worker’s average earnings. The Board does not consider the actual CPP
contributions and EI premiums deducted from the worker’s paycheque.
Probable Income Taxes
In estimating probable income taxes for long-term average net earnings, the
Board applies only the following tax credits as determined under the Income Tax
Act and the Income Tax Act (Canada):
(a) credits based on the basic personal amounts;
(b) credits for EI premiums and CPP contributions; and

9 - 45
(c) spousal credit or wholly dependent person credit and/or Canada
caregiver credit.
When establishing income tax credits for dependants, the Board will assume that
the dependants have no income. As a result, where the worker qualifies for any
of the credits under item (c) above, the worker will receive the maximum amount
under the Income Tax Act or the Income Tax Act (Canada) for that credit.
Exceptions
Workers who are not required to pay CPP contributions under the Canada
Pension Plan Act or EI premiums under the Employment Insurance Act do not
have these probable contributions or premiums deducted from their average
earnings when long-term average net earnings are established. For instance,
workers under the age of 18 years do not have probable CPP contributions
deducted, as these workers do not contribute under the Canada Pension Plan
Act. As well, independent operators who do not pay into the EI scheme do not
have probable EI premiums deducted when long-term average net earnings are
calculated.
Workers who are not required to pay income taxes under the Income Tax Act or
the Income Tax Act (Canada) do not have probable income taxes deducted when
the Board calculates their long-term average net earnings. For example, workers
who have Registered Indian Status under the Indian Act (Canada) and work on a
reserve do not pay taxes on their employment income. As a result, no
deductions for probable income taxes will be made when calculating the long-
term average net earnings of these workers.

R.S.B.C. 2019, c. 1.
June 1, 2009 – Updated reference to Canada Revenue Agency.
#71.30 Insufficient Information

A worker has an obligation under section 153 of the Act to provide the Board with
the information that the Board considers necessary to administer the worker’s
claim. If a worker fails to comply with this obligation, the Board may reduce or
suspend payments to the worker until the worker complies. The worker’s
obligation to provide information is discussed in policy item #93.26.
If the Board has insufficient information about a worker’s tax status at the time
that long-term average net earnings are calculated, the Board will assume that
only the basic personal credits under the Income Tax Act and the Income Tax
Act (Canada) apply.

9 - 46
In addition, if the Board has insufficient information about whether a worker is
required to pay contributions under the Canada Pension Plan Act or premiums
under the Employment Insurance Act, the Board will assume that the worker is
required to pay those contributions or premiums.
R.S.B.C. 2019, c. 1.
#71.40 Adjustments
The Board may adjust a worker’s average earnings subject to reconsideration
rules set out in section 123 of the Act, if they were based upon incorrect
information. If the adjustment results in a decrease in the value of the worker’s
earnings, the Board will consider policy item #48.41 in determining whether to
declare an overpayment. If it results in an increase, a retroactive adjustment
may be made.

reconsideration provisions in the Act by the Workers
August 14, 2020.
R.S.B.C. 2019, c. 1.
October 1, 2007 – Amended to include reference to then
section 96(5) of the Act and to delete the term net.

9 - 47
CLAIMS MANUAL
RE: Health Care – Introduction ITEM: C10-72.00
BACKGROUND
This policy defines key terms and sets out general principles regarding a worker’s
entitlement to health care.
2. The Act
Section 1, in part:
“compensation” includes health care;
...
“health care”, when used in a compensation provision, includes things that

the Board is empowered under this Act to provide for injured workers;
...
“physician” means a person authorized under an enactment to practise in

British Columbia as a medical practitioner;
...
“qualified practitioner” means a person authorized under an enactment to

practise in British Columbia as a chiropractor, a dentist, a naturopathic
physician, a nurse practitioner or a podiatrist;
...
“specialist” means a physician residing and practising in British Columbia

and listed by the Royal College of Physicians and Surgeons of Canada as
having specialist qualifications;
...
(4) If an injury disables a worker from earning full wages at the work at
which the worker was employed, compensation other than a health

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care benefit is payable under this Part [Part 4 of the Act –

Compensation to Injured Workers and Their Dependants] from the
first working day following the day of the injury.
(5) A health care benefit may be provided for an injured worker in

respect of the day of the injury.
(1) Compensation is payable under this Part [Part 4 of the Act –

Compensation to Injured Workers and Their Dependants] in relation
to an occupational disease, as if the disease were a personal injury
arising out of and in the course of a worker’s employment, if
(a) as applicable,
(i) the worker has an occupational disease that disables

the worker from earning full wages at the work at which
the worker was employed, or

disease, and
(b) the occupational disease is due to the nature of any

employment in which the worker was employed, whether
under one or more employments.
...
worker is not disabled from earning full wages at the work at which
the worker was employed.
Section 156:
(1) In addition to other compensation provided under this Part [Part 4 of

the Act – Compensation to Injured Workers and Their Dependants],
the Board may provide for an injured worker any services or supplies,
including related transportation, that the Board considers reasonably
necessary at the time of the injury and afterwards during the worker’s
disability to cure the injury or alleviate the effects of the injury.
(1.1) The services and supplies referred to in subsection (1) may be provided
before the Board determines a worker's entitlement to compensation
under this Part if the Board is satisfied that medical evidence indicates that

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without such services or supplies the worker is at risk of a significant

deterioration in health.
(1.2) If a service or supply is provided under subsection (1.1) and the

Board later determines that the worker is not eligible for
compensation under this Part, the worker is not required to reimburse
the Board for that service or supply.
(2) The Board may adopt rules and regulations with respect to the
provision of health care to injured workers and for the payment of
such health care.
(3) The Board may make a daily allowance to an injured worker for the
worker’s subsistence if, under the Board’s direction, the worker is
undergoing treatment at a place other than the place where the
worker resides.
(4) The power of the Board under subsection (3) extends to an injured
worker who receives compensation, regardless of the date the
worker first became entitled to compensation.
Section 162:
(1) If a worker has a permanent total disability, the Board must, within
the 3-month period before a retirement benefit under section 206
[retirement benefits for workers with permanent disability] is payable
to the worker, evaluate the worker’s need or continued need for
services and personal supports under this Division [Division 4 of
Part 4 of the Act – Vocational Rehabilitation, Health Care and Other
Assistance].
(2) After the evaluation under subsection (1) is completed, the Board
must take all actions necessary to provide to the worker, for the
worker’s life, the services and personal supports under this Division
that the Board considers necessary.
(3) This section does not limit the powers of the Board to otherwise
provide services and personal supports to workers at any time under
this Division.

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POLICY
1. DEFINITIONS
In addition to the terms defined in the Act, the following terms, defined by the Board, are
used throughout this Chapter:
“Activities of daily living” are basic activities that are performed by individuals on a daily
basis for self-care. Examples include, but are not limited to: ambulating (e.g. walking),
transferring (e.g. getting from bed to chair and back), feeding, dressing, personal
hygiene (e.g., bathing, grooming, bladder and bowel care), and taking medication.
“Health care” may include, but is not limited to, the following:
• services provided by physicians, qualified practitioners and other recognized

health care professionals;
• services provided by a health care facility;
• prescription medications;
• modifications to a person’s home or vehicle;
• medical supplies, equipment, devices and prostheses;
• certain transportation and subsistence costs associated with obtaining health

care; and
• additional benefits for severely disabled workers.
“Health care account” means a statement of fees owed for goods and/or services
supplied, which a physician, qualified practitioner or other recognized health care
professional submits to the Board (including reporting or form fees) for health care
provided to a worker.
“Health care facility” means a hospital; surgical facility; office of a physician, qualified
practitioner or other recognized health care professional; group home; or other place
where acute, intermediate or long-term health care services or programs, are provided.
“Instrumental activities of daily living” are activities related to independent living.

Examples include, but are not limited to: using a telephone, preparing meals, performing
housework, shopping for groceries or personal items, managing medication, managing
money, using public transportation, and maintaining and/or driving a car.
“Other recognized health care professionals” are health care professionals, other than
physicians and qualified practitioners, recognized by the Board through contracts and/or
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fee schedules, to provide health care to injured workers, such as acupuncturists,

audiologists, community health workers, denturists, dietitians, massage therapists,
nurses other than nurse practitioners, occupational therapists, opticians, optometrists,
pharmacists, physiotherapists, prosthetists and orthotists, psychologists, and other
mental health care providers.
“Residence” means the place where a worker lives or regularly stays. Where the
worker has more than one residence, the worker is required to identify one as the
primary residence.
2. GENERAL PRINCIPLES
2.1 Objectives
The Board’s objective is to provide reasonably necessary health care to cure or alleviate
the effects of a compensable personal injury, occupational disease or mental disorder.
In order to meet this objective, the Board aims to:
• facilitate the timely delivery of treatment;
• ensure that health care provided is appropriate and safe;
• ensure that injured workers receive quality care and services from physicians,
qualified practitioners and other recognized health care professionals;
• work collaboratively with injured workers and their physicians, qualified

practitioners and other recognized health care professionals in the
development of treatment and rehabilitation plans;
• promote safe and early recovery and return to work;
• balance the individual needs of injured workers and the need to ensure the
financial integrity of the workers’ compensation system;
• support the long-term health care needs of severely disabled workers; and
• ensure that the health care provided is supported by up-to-date scientific

evidence and information.
2.2 Duration of Entitlement to Health Care
On accepted personal injury and mental disorder claims, entitlement to health care
begins on the date of injury. On accepted occupational disease claims, entitlement to
health care begins on the date the worker first seeks treatment by a physician, qualified
practitioner or other recognized health care professional.

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Health care continues for as long as the Board considers it reasonably necessary with
respect to the worker's compensable personal injury, occupational disease or mental
disorder. In making this decision, the Board may consider medical opinion or other
expert professional advice.
Health care may continue even if the worker is not disabled from earning full wages at
the work at which he or she is employed, or is retired from the workforce.
Health care may be provided before the Board determines a worker’s entitlement to
compensation, if the Board is satisfied that medical evidence indicates that without
health care, the worker is at risk of significant deterioration in health.
2.3 When a Worker Leaves British Columbia
Workers who reside in British Columbia on the date of injury and subsequently wish to
leave British Columbia, either temporarily or permanently, are required to discuss the
potential health care ramifications with the Board. If leaving British Columbia might
impede the worker’s recovery, compensation may be suspended if the circumstances
set out in Item C10-74.00 are met.
The Board does not generally pay in excess of British Columbia rates for health care
rendered outside British Columbia to a worker who has voluntarily left British Columbia.
2.4 When a Worker Retires
The Board assesses the health care needs of workers with permanent total disabilities
during the three month period before their retirement benefits are payable.
In assessing a permanently totally disabled worker, the Board focuses on the health
care benefits, services and personal supports that the worker will need or continue to
need, after retirement.

AUTHORITY: Sections 1, 134, 136, 156, and 162 of the Act.
CROSS REFERENCES: Item C4-26.00, “Date of Injury” For Occupational Disease;
Item C10-74.00, Reduction or Suspension of Compensation;
Item C10-75.10, Health Care Accounts – Health Care Provided Out-of-
Province;
Chapter 18 – Retirement Benefits, of the Rehabilitation Services & Claims
Manual, Volume II.
HISTORY: October 21, 2020 – Amended to reflect amendment to the health care
provisions in the Act by the Workers Compensation Amendment Act, 2020
April 6, 2020 − Housekeeping changes consequential to implementing the
Workers Compensation Act, R.S.B.C. 2019, c. 1.

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January 1, 2015 – Policy amended to include nurse practitioners as qualified

practitioners in accordance with changes to the Act resulting from the
Miscellaneous Statutes Amendment Act, 2014, of 2014, Bill 17.
Policy also consolidated and replaced former policy items #72.00, #73.00,
#73.01, #73.20, #73.40 and #73.54 of the Rehabilitation Services & Claims
Manual, Volume II.

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CLAIMS MANUAL
RE: Direction, Supervision, and Control ITEM: C10-73.00

of Health Care
BACKGROUND
This policy sets out the Board’s responsibility for the direction, supervision, and control
of health care for injured workers.
2. The Act
(1) The Board may require a worker who applies for or is receiving
compensation under this Part [Part 4 of the Act – Compensation to
Injured Workers and Their Dependants] to be medically examined at
a place reasonably convenient for the worker.
(2) If the worker fails to attend an examination under this section or

obstructs the medical examiner,
(a) the worker’s right to compensation is suspended until the

examination has taken place, and
(b) no compensation is payable during the period of suspension.
...
Section 156:
See Item C10-72.00.
(1) Health care provided under any of the following provisions must at all
times be subject to the direction, supervision and control of the
Board:
(a) section 156 [Board may provide health care for injured worker];
(b) section 158 [emergency care by physician or qualified

professional];

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(c) section 159 [employer authority and obligations in relation to health
care].
(2) All questions as to the necessity, character and sufficiency of health

care to be provided are to be determined by the Board.
(3) The Board may, for any health care required,
(a) contract with physicians, nurses or other persons authorized

to treat human ailments and with hospitals and other
institutions, and
(b) agree on a scale of fees or remuneration for that health care.
Section 158:
The Board must pay the costs of services provided by a physician or

qualified practitioner, other than one provided by the Board, if
(a) the physician or qualified practitioner is called in to treat an

injured worker in a case of emergency or for other justifiable
cause, and
(b) the Board considers there was a justifiable cause and that the
charge for the services is reasonable.
Section 160:
(1) The Board must permit health care to be administered, so far as the
selection of a physician or qualified practitioner is concerned, by a
physician or qualified practitioner who may be selected or employed
by the injured worker.
(2) Subsection (1) does not limit the powers of the Board under this
Division [Division 4 of Part 4 of the Act – Vocational Rehabilitation,
Health Care and Other Assistance] respecting the supervision and
provision of health care in every case where the Board considers the
exercise of those powers is expedient.

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POLICY
1. GENERAL
Health care provided to injured workers is at all times subject to the direction,
supervision, and control of the Board.
The Board determines all questions as to the necessity, character, and sufficiency of
health care to be provided for injured workers. When making this determination, the
Board may seek medical opinions or other expert professional advice to assist in
determining if a given health care benefit or service is reasonably necessary.
The control of health care by the Board is not intended to exclude injured workers’
choices. The Board uses its control over health care to do such things as ensure that
health care options are not overlooked, promote recovery, facilitate return to work, and
exclude choices by injured workers, physicians, qualified practitioners and/or other
recognized health care professionals that will delay recovery, involve unnecessary or
ineffective treatment, or create an unwarranted risk of further injury, increased
disablement, disease or death. If there are reasonable choices of treatment, or
reasonable differences of opinion among the medical profession with regard to the
preferable treatment, or choices to be made that depend on personal preferences, the
matter should be regarded as one of patient choice.
The Board’s exercise of control relates largely to the approval or denial of health care
payments, but can also include such things as directing an injured worker to be
examined by a specialist or to attend a particular health care facility.
Where the Board considers health care to be reasonably necessary, and more than one
type is available, the Board determines whether the choices are equally effective in
terms of expected outcomes and length of disability, and are of a similar cost.
If there is a substantial difference in costs of equally effective health care options, the
Board normally authorizes the option that is expected to be the least costly. In such
cases, if the physician, qualified practitioner, other recognized health care professional,
and/or worker chooses the more costly option, the Board pays for costs up to the
amount that would have been paid for the authorized health care option.
If there is no substantial difference in costs between equally effective health care

options, the choice is left to the worker.
Generally, the Board does not pay for health care that is new, non-standard or not
generally accepted by the Board, unless prior approval has been obtained.

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2. SELECTION OF A PHYSICIAN OR QUALIFIED PRACTITIONER
Subject to the Board’s overriding supervisory power, the worker may select the worker’s
own physician or qualified practitioner. For the purpose of sections 156, 157, 158, 159,
160, and 161 of the Act, there is no distinction between a physician and a qualified
practitioner.
Where a worker wishes to make a change of physician or qualified practitioner, the

following guidelines apply:
(a) Where a worker moves residence, a new physician or qualified practitioner

may be selected in the new community without prior permission from the
Board.
(b) Where a worker receives emergency treatment from a physician who is

not the family physician, the worker may transfer to the family physician
without prior permission from the Board.
(c) Where a worker wishes to change physician or qualified practitioner

because of a loss of rapport with him or her, or because of a preference
for a type of treatment available from a different type of physician or
qualified practitioner, the change will be permitted unless the Board
concludes that it is likely to be harmful, or medically unsound by reason of
the circumstances relating to that particular case.
(d) Where a worker makes multiple changes of physicians or qualified

practitioners and it appears to the Board that the worker is looking to find
the physician or qualified practitioner whom the worker thinks is likely to
provide a more favourable report, the Board may deny the change, and
may not pay for treatment from the new physician or qualified practitioner.
In determining whether to approve and pay for treatment from the worker’s
change of physician or qualified practitioner, the Board considers whether
a rational treatment program is being followed.
(e) Where a worker attends walk-in clinics instead of, or in addition to, having
a family physician and therefore does not see the same physician, the
Board does not deny a worker’s change of physician on this basis alone.
If the Board concludes that a worker’s choice of physician or qualified practitioner is

harmful or unsound, the decision is communicated to all physicians and qualified
practitioners concerned, as well as to the worker. In these circumstances, the Board
may reduce or suspend compensation if the circumstances in Item C10-74.00 are met.

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Where a worker attends a physician or qualified practitioner whose right to render health
care has been cancelled or suspended by the Board under the provisions referred to in
policy item #95.30, the Board will not pay for the treatment or services rendered.
3. CONCURRENT TREATMENT
Concurrent treatment occurs when a worker’s treatment is overseen by more than one
physician or qualified practitioner at a time.
The Board’s general position is that a worker’s treatment should be overseen by only
one physician or qualified practitioner at a time.
There are cases, however, where the Board may consider concurrent treatment to be
reasonable.
The Board may consider concurrent treatment reasonable in situations such as when a
worker’s disability requires treatment by a physician and a specialist, by two or more
specialists, or by a qualified practitioner with concurrent monitoring by a physician. The
Board may also consider concurrent treatment reasonable when a worker is
transitioning from one form of treatment to another. In this instance, the Board may
determine that it is warranted for the treatments to overlap for a limited time.
The Board does not refuse concurrent treatment simply because it is inconsistent with a
rule or policy of a professional organization.
4. AUTHORIZATION OF ELECTIVE SURGERY
Elective surgery is considered optional or not urgently necessary surgical treatment.
The Board does not expect physicians or qualified practitioners working under
emergency conditions to obtain prior authorization from the Board before performing
necessary surgical treatments. However, the Board does not generally pay for any
elective surgical treatments unless prior authorization from the Board has been
obtained.
The Board determines whether to authorize elective surgery based on the applicable
medical evidence. The Board may refuse to authorize an elective surgical treatment if
the Board considers it to be:
• unduly hazardous, having regard to its potential benefits and the risks
involved in not having the surgery;
• unlikely to promote recovery;
• unnecessary; or

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• reasonable to try less invasive measures first.
Before the Board refuses authorization of an elective surgical treatment, the Board
normally discusses this decision with the worker’s physician or qualified practitioner.
The Board notifies the worker and the worker’s physician or qualified practitioner of its
decision.
If the worker decides to proceed with the unauthorized elective surgical treatment, the
Board does not pay for the treatment or any expenses associated with recovery from
that treatment. As well, the Board may consider the worker to have engaged in an
unsanitary or injurious practice, and may reduce or suspend the worker’s compensation,
if the circumstances in Item C10-74.00 are met.
5. EXAMINATIONS
An injured worker’s physician, qualified practitioner or other recognized health care

professional may request that the Board conduct a medical examination of the injured
worker. Similarly, the Board may direct an injured worker to submit to a medical
examination.
A “medical examination” is not limited to examinations performed by physicians. It also

includes examinations by qualified practitioners and other recognized health care
professionals. The term “examination” may include a consultation (e.g. with a dentist),
or an assessment (e.g. by a psychologist).
A Board-directed medical examination may be conducted by the worker’s own

physician, the Board or an external physician, qualified practitioner or other recognized
health care professional, as determined by the Board.
In all cases, the Board notifies the injured worker in advance of the type of physician,
qualified practitioner or other recognized health care professional who will conduct the
examination. The Board also notifies the injured worker’s physician, qualified
practitioner, or other recognized health care professional of its intention to proceed with
a Board-directed medical examination.
Following a Board-directed medical examination, the Board notifies the worker’s

physician, qualified practitioner or other recognized health care professional of those
medical matters that should be brought to their attention following the examination.

Item C10-75.00, Health Care Accounts – General;
Item C10-76.00, Physicians and Qualified Practitioners;

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Item C10-77.00, Other Recognized Health Care Professionals;
Item C10-79.00, Health Care Supplies and Equipment;
Item C10-84.00, Additional Benefits for Severely Disabled Workers;
Policy item #95.30, Failure to Report;
Policy item #97.34, Conflict of Medical Opinion, of the Rehabilitation
January 1, 2015 − This policy consolidated and replaced former
policy items #74.23, #74.25, #74.50, #74.60, #78.00, #78.10, #78.11,
#78.20 and #78.21 of the Rehabilitation Services & Claims Manual,
Volume II.
June 1, 2009 – deleted references to Board officer, Board Medical
Advisors, Medical Advisor, and Medical Advisor/Consultant.
APPLICATION: This Item applies on or after January 1, 2015.

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RE: Reduction or Suspension of Compensation ITEM: C10-74.00
BACKGROUND
This policy outlines the circumstances in which the Board may suspend a worker’s
compensation for failing to attend an examination or obstructing a medical examiner,
and reduce or suspend a worker’s compensation for refusing to submit to medical or
surgical treatment or persisting in unsanitary or injurious practices.
2. The Act
Section 1, in part:
“compensation” includes health care;
...
“health care”, when used in a compensation provision, includes things that

the Board is empowered under this Act to provide for injured workers;
...
Section 154:
(1) The Board may require a worker who applies for or is receiving
compensation under this Part [Part 4 of the Act – Compensation to
Injured Workers and Their Dependants] to be medically examined at
a place reasonably convenient for the worker.
(2) If a worker fails to attend an examination under this section or

obstructs the medical examiner,
(a) the worker’s right to compensation is suspended until the

examination has taken place, and
(b) no compensation is payable during the period of suspension.

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(3) The Board may reduce or suspend compensation for a worker if the
worker
(a) persists in unsanitary or injurious practices that tend to imperil

or delay the worker’s recovery, or
(b) refuses to submit to medical or surgical treatment that the

Board considers, based on expert medical or surgical advice,
reasonably essential to promote the worker’s recovery.
POLICY
1. GENERAL
Where certain prerequisites are satisfied, the Board may reduce or suspend a worker’s
compensation. The situations where this may occur are discussed in more detail in the
sections that follow.
The reduction or suspension of compensation commences as of the date of the Board’s

decision. This includes the reduction or suspension of health care on the claim, as the
definition of “compensation” in the Act includes health care.
The reduction or suspension of compensation is limited to the claim at issue and does
not apply to any compensation the worker may be receiving under other claims.
1.1 Reasonable Explanation
Prior to reducing or suspending compensation, the Board gives a worker an opportunity

to provide an explanation for the worker’s conduct. If the Board considers there is a
reasonable explanation, compensation is not reduced or suspended. Reasonable
explanations include, but are not limited to:
• unexpected illness;
• compelling personal reasons, such as a death in the family; or
• unexpected transportation difficulty where a reasonable attempt was made to

overcome the difficulty, such as by using an alternate mode of transportation.
If the Board does not consider there to be a reasonable explanation for the worker’s
conduct, or if an explanation is not forthcoming, the Board may proceed to reduce or
suspend compensation.

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1.2 Reinstatement of Compensation
Generally, when compensation is reinstated following a period of reduction or

suspension, it is reinstated prospectively from the date of the Board’s decision to
reinstate. If the Board’s decision to reduce or suspend compensation includes the
reduction or suspension of the worker’s right to health care, the Board does not pay
health care accounts that are incurred during the period of the reduction or suspension.
If the worker provides a reasonable explanation for the conduct that resulted in the
reduction or suspension, the Board may reinstate the compensation retroactively to the
date it was reduced or suspended. In this case, the Board may pay any outstanding
health care accounts incurred during the period of the reduction or suspension.
If a worker’s temporary disability stabilizes as a permanent impairment while

compensation is reduced or suspended, the effective date of the resulting permanent
disability benefit is the date on which the worker’s temporary disability stabilized as a
permanent impairment, not the day following the date of reduction or suspension of
compensation.
2. FAILURE TO ATTEND OR OBSTRUCTION OF A MEDICAL EXAMINATION
Section 154(2) of the Act suspends a worker’s right to compensation on a claim if the
worker fails to attend an examination or obstructs a medical examiner. The worker’s
right to compensation on the claim is suspended until the examination that the worker
failed to attend or obstructed has taken place and been effectively completed.
In applying this section of the Act, the Board does not limit the terms “medical
examination” to examinations performed by physicians or “medical examiner” to
physicians. It also includes examinations by qualified practitioners and other
recognized health care professionals. The term “examination” may include a
consultation (e.g. with a dentist), or an assessment (e.g. by a psychologist).
In determining whether a worker has failed to attend a medical examination, the Board
considers whether the worker:
• has received notice of the date, time and place of the appointment;
• did not attend; and
• did not give adequate notice that he or she would not be attending.
In determining whether a worker has obstructed a medical examiner, the Board

considers whether the worker behaved in a manner that prevented the examination
from being effectively completed.

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Before the Board suspends a worker’s compensation for failing to attend an
examination or obstructing a medical examiner, the Board takes the following actions:
(a) The Board determines whether the worker has failed to attend an
examination or has obstructed a medical examiner.
(b) If the Board determines the worker has failed to attend an examination or
has obstructed a medical examiner, the Board then advises the worker
that all compensation on the claim will be suspended if the examination is
not effectively completed and attempts to reschedule the examination.
(c) If the worker fails to reschedule or continues to avoid or obstruct the

examination, the Board gives the worker an opportunity to provide an
explanation for the worker’s conduct.
(d) If the Board does not consider the worker’s explanation to be reasonable,
the Board suspends the worker’s compensation on the claim.
When the Board notifies the worker of its decision to suspend compensation under
section 154(2) of the Act, the Board includes notice of a further appointment for the
examination, and advises that, if the worker attends and allows the examination to be
effectively completed, compensation will be reinstated.
3. PERSISTING IN UNSANITARY OR INJURIOUS PRACTICES
The Board has discretion under section 154(3)(a) of the Act to determine whether and
how a worker’s compensation may be affected by the worker’s persistence in unsanitary
or injurious practices that tend to imperil or delay the worker’s recovery. The Board may
reduce the worker’s compensation, suspend the worker’s compensation or continue
with the worker’s compensation.
If the Board chooses to reduce the worker’s compensation, the Board has the further
discretion to determine whether the reduction of the compensation means suspending
the health care on that claim or just suspending the wage-loss benefits or permanent
disability benefits payment on that claim.
Before the Board reduces or suspends a worker’s compensation for persisting in

unsanitary or injurious practices, the Board takes the following actions:
(a) The Board determines whether the worker is engaging in an unsanitary or

injurious practice that tends to imperil or delay the worker’s recovery,
taking medical opinion or other expert professional advice into
consideration as necessary.

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(b) If the Board determines the worker is engaging in an unsanitary or
injurious practice, the Board then advises the worker that the practice may
inhibit recovery or lead to further injury and must be discontinued,
otherwise some or all of the compensation on the claim may be reduced
or suspended.
(c) If the worker persists in the unsanitary or injurious practice, the Board
gives the worker an opportunity to provide an explanation for the worker’s
conduct.
the Board determines whether to reduce the worker’s compensation on
the claim (e.g. suspend wage-loss benefits or permanent disability
benefits, but not health care) or suspend all of the worker’s compensation
on the claim (including health care).
If the Board reduces or suspends the worker’s compensation on the claim

under section 154(3)(a) of the Act, the worker must satisfy the Board that
the unsanitary or injurious practice has ceased and will not be repeated,
before the Board reinstates full compensation.
Compensation may be terminated on other grounds if the unsanitary or injurious

practice a worker is engaged in shows that the worker was not disabled during the
period in question, or if the evidence indicates that the worker’s disability is due to the
unsanitary or injurious practice rather than to the original compensable personal injury,
occupational disease or mental disorder.
4. REFUSAL TO SUBMIT TO MEDICAL OR SURGICAL TREATMENT
The Board has discretion under section 154(3)(b) of the Act to reduce or suspend a
worker’s compensation if the worker refuses to submit to medical or surgical treatment
that the Board considers, based on expert medical or surgical opinion, or other expert
professional advice, is reasonably essential to promote the worker’s recovery.
If the Board chooses to reduce or suspend the worker’s compensation, the Board has
the further discretion to determine whether the reduction or suspension of the
compensation applies to the health care on that claim and/or the wage-loss benefits or
permanent disability benefits on that claim.
In applying this section of the Act, the Board does not limit the phrase “medical or
surgical treatment” to treatment performed by physicians. It also includes treatment
provided by qualified practitioners and other recognized health care professionals that
the Board considers, based on medical opinion or other expert professional advice,
reasonably essential to promote the worker’s recovery.

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Before the Board reduces or suspends a worker’s compensation for refusing to submit
to treatment, the Board takes the following actions:
(a) The Board determines whether the worker is refusing to submit to

treatment.
(b) If the Board determines the worker is refusing to submit to treatment, the
Board obtains a medical opinion or other expert professional advice that
the treatment in question is reasonably essential to promote the worker’s
recovery.
(c) If the Board determines the worker is refusing to submit to treatment that,
based on medical opinion or other expert professional advice, is
reasonably essential to promote the worker’s recovery, the Board then:
• advises the worker of this decision and that some or all of the
compensation on the claim may be reduced or suspended if the
worker does not submit to the treatment; and
• gives the worker an opportunity to provide an explanation for the

worker’s conduct.
the Board determines whether to reduce the worker’s compensation on
the claim (e.g. suspend wage-loss benefits or permanent disability
benefits payments, but not health care) or suspend all of the worker’s
compensation on the claim (including health care).
If the Board reduces or suspends the worker’s compensation on the claim under
section 154(3)(b) of the Act, the worker must submit to the Board-approved medical or
surgical treatment, before the Board reinstates compensation.

CROSS REFERENCES: Policy item #34.54, When is the Worker’s Condition Stabilized;
Policy item #34.55, Subsequent Non-Compensable Incidents;
Policy item #35.30, Duration of Wage-Loss Benefits for Temporary
Partial Disability Compensation;
Policy item #93.26, Obligation to Provide Information;
Policy item #93.30, Medical Treatment and Examination;

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Item C14-104.01, Changing Previous Decisions – Fraud and
Misrepresentation, of the Rehabilitation Services & Claims Manual,
Volume II.
January 1, 2015 − This policy incorporated concepts from former
policy item #73.30, and consolidated and replaced former policy
items #78.12, #78.13, and #78.24 of the Rehabilitation Services &
June 1, 2009 – Deleted references to Board officer and Medical
Advisor from former policy items.

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RE: Health Care Accounts – General ITEM: C10-75.00
BACKGROUND
This policy provides guidance on the manner in which the Board administers health care
accounts.
2. The Act
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
Section 164(6):
Unless the Board otherwise directs, an account for medical services or other
health care must not be paid if it is submitted later than 90 days after the
date of whichever of the following occurs first:
(a) the last treatment was given;
(b) the person providing the health care was first aware that the
Board may be liable for that person’s services.
POLICY
1. DEFINITIONS
As set out in Item C10-72.00, “health care account” means a statement of fees owed for
goods and/or services supplied, which a physician, qualified practitioner or other
recognized health care professional submits to the Board (including reporting or form
fees) for health care provided to a worker.

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“Reporting or form fees” means fees in relation to reports or forms that physicians,
qualified practitioners or other recognized health care professionals submit to the Board.
2. SUBMISSION OF HEALTH CARE ACCOUNTS
The Board audits all health care accounts submitted to ensure compliance with the Act,
any applicable contracts and fee schedules, and to ensure that the health care provided
is appropriate given the worker’s compensable disability.
The Board may be in receipt of health care accounts that the Board does not pay for a
number of reasons. Such reasons may include, but are not limited to the following:
• the health care provided to a worker is not related to the worker’s

compensable personal injury, occupational disease or mental disorder;
• the Board does not consider the health care provided to a worker to be
reasonably necessary to treat the compensable personal injury, occupational
disease or mental disorder;
• the Board has determined that the worker’s compensable personal injury,
occupational disease or mental disorder has resolved;
• the Board considers the report in support of the health care account
inadequate; or
• a previous decision to allow the worker’s claim for personal injury,

occupational disease or mental disorder is reversed on reconsideration,
review or appeal.
If the Board is in receipt of a health care account that the Board will not pay, the Board
notifies the physician, qualified practitioner or other recognized health care professional
who submitted the health care account as soon as possible.
As required by the Act, the physician, qualified practitioner or other recognized health
care professional must submit health care accounts promptly after health care is
provided. Where a health care account is not submitted promptly and the delay hinders
the Board’s decision-making ability, the Board may not pay the health care account.
3. AMOUNTS PAYABLE
The amounts the Board pays to physicians, qualified practitioners or other recognized
health care professionals are generally governed by contracts and/or fee schedules,
which the Board may specifically negotiate or may adopt from another agency. If there
is no contract and/or fee schedule in place with respect to certain health care, the Board
pays an amount for that health care that it considers reasonable.

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Where the Board considers certain health care to be reasonably necessary, and more
than one type is appropriate and available, but there is a substantial difference in costs,
the Board normally only authorizes and pays for costs up to the amount that would have
been paid for the less expensive but equally effective option.
Physicians, qualified practitioners and other recognized health care professionals are
not permitted to bill a worker for any amount in excess of the amount payable by the
Board. If they do so and the worker pays, the Board reimburses the worker for the
excess amount and may recover that amount by deducting it from future health care
accounts that the physician, qualified practitioner or other recognized health care
professional submits to the Board. It is recommended, however, that workers contact
the Board for information on the amount payable by the Board before obtaining non-
emergency health care.
A physician, qualified practitioner or other recognized health care professional may

choose to see a worker in a health care facility other than his or her own office. In such
cases, the Board only pays for the services of the physician, qualified practitioner or
other recognized health care professional and does not pay any additional fees for use
of the health care facility. This would apply, for example, if a physician chooses to see
a worker at a hospital rather than his or her office.
4. ADMINISTRATION OF HEALTH CARE ACCOUNTS
4.1 Before Initial Claims Adjudication
Generally, the Board only pays health care accounts after the worker’s claim for
personal injury, occupational disease or mental disorder is allowed. However, the
Board may pay health care accounts submitted before a claim is initially adjudicated
where:
• the health care provided is emergency health care necessary to optimize

recovery (e.g. emergency surgery);
• the health care provided is necessary to assist in the adjudicative process.

This includes reporting or form fees, and fees for any Board-directed
examination, consultation or assessment undertaken on an investigative
basis; or
• the Board is satisfied that medical evidence indicates that without health care
the worker is at risk of a significant deterioration in health.
Unless pre-authorized, the Board does not generally pay health care accounts in
respect of investigative surgery because such invasive procedures could result in a
disability. If a worker chooses to pay for and undergo investigative surgery, the Board
may consider any resultant reports in adjudicating the worker’s claim. If the claim is

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subsequently allowed, the Board may then pay the health care account for the
investigative surgery.
If a worker’s claim for personal injury, occupational disease or mental disorder is not
allowed, the Board does not pay wage-loss benefits for the period prior to the date of
the decision, even though the Board may have paid for certain health care expenses
during that period.
4.2 Allowed Claims
4.2.1 General
When a claim for personal injury, occupational disease or mental disorder is allowed on
initial adjudication, reconsideration, review or appeal, the Board does not solicit health
care accounts for health care provided before the date of the decision to allow the claim.
However, if the Board receives such health care accounts, and the decision allowing the
claim does not deal with the question of entitlement to the health care at issue, the
Board administers the health care accounts as if the claim had been allowed as of the
date of injury.
The Board may reimburse a worker where the worker has received and paid for health
care in good faith and on the advice of a physician, qualified practitioner or other
recognized health care professional, even though the health care might not ordinarily be
approved for the worker’s compensable personal injury, occupational disease or mental
disorder.
4.2.2 Compensable Disability Resolved
Generally, the Board does not pay health care accounts for health care provided after
the date of the Board’s decision that the compensable disability has resolved, unless
the health care accounts are submitted promptly and in good faith in respect of reporting
or form fees, or Board-directed examinations, consultations or assessments.
4.2.3 Entitlement to Treatment Limited
After a worker’s claim is allowed, the Board may decide to limit a worker’s entitlement to
a particular type of treatment, even though the worker continues to have a compensable
disability. The Board may decide to limit treatment in a number of situations. Such
situations include, but are not limited to, the following:
• preventing the provision of concurrent treatment; or
• denying the extension of a particular type of treatment.
Generally, the Board does not pay health care accounts for health care provided after
the date of the Board’s decision to limit a worker’s entitlement to a particular type of
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treatment, unless the health care accounts are submitted promptly and in good faith in
respect of treatment provided on or before the decision date.
4.3 Disallowed or Rejected Claims
A decision to disallow or reject a worker’s claim for personal injury, occupational

disease or mental disorder may be made on initial adjudication, reconsideration, review
or appeal. Generally, the Board does not pay health care accounts for health care
provided after the date such a decision is made, unless they are submitted promptly and
in good faith in respect of reporting or form fees, or Board-directed examinations,
consultations or assessments.
When a worker’s previously allowed claim for personal injury, occupational disease or
mental disorder is subsequently disallowed or rejected, the Board does not initiate any
steps to recover amounts the Board has already paid for health care. However, if the
Board were offered reimbursement by any other agency, the offer would be accepted.

CROSS REFERENCES: Item C10-73.00, Direction, Supervision, and Control of Health Care;
Policy item #95.00, Responsibilities of Physicians/Qualified
Practitioners;
Policy item #95.10, Form of Reports;
Policy item #95.20, Reports by Specialists;
Policy item #95.40, Obligation to Advise and Assist Worker;
Policy item #96.21, Preliminary Determinations;
Policy item #99.20, Notification of Decisions, of the Rehabilitation
HISTORY: October 21, 2020 – Amended to reflect amendment to the health
care provisions in the Act by the Workers Compensation
Amendment Act, 2020 (Bill 23 of 2020), in effect August 14, 2020.
policy items #73.10, #76.20, #78.30, #78.31, #78.32, and
incorporated concepts from former policy item #78.33, all of the
June 1, 2009 – Deleted references to Board officer and Health Care
Services Department.
March 3, 2003 – Inserted references to Review Division, and
Workers’ Compensation Appeal Tribunal.

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RE: Health Care Accounts – ITEM: C10-75.10

Health Care Provided Out-of-Province
BACKGROUND
This policy provides guidance on the manner in which the Board administers health care
accounts in respect of health care provided outside of British Columbia.
2. The Act
Section 147:
(a) a worker is injured while working outside British Columbia, and
(b) the injury would entitle the worker or the worker’s dependants
to compensation under this Part [Part 4 of the Act –
the injury occurred in British Columbia.
(2) The Board must pay compensation under this Part only if all of the
following apply:
(a) a place of business of the worker’s employer is located in

British Columbia;
(b) the worker’s residence and usual place of employment are

located in British Columbia;
(c) the employment is such that the worker is required to work

both in and outside British Columbia;
(d) the worker’s employment outside British Columbia
(i) has immediately followed the worker’s employment in

British Columbia by the same employer, and
(ii) has lasted less than 6 months.

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Section 153:
(1) A worker who applies for or is receiving compensation under this Part
Dependants] must provide the Board with the information that the
Board considers necessary to administer the worker's claim.
(2) If a worker fails to comply with subsection (1), the Board may reduce
or suspend payments to the worker until the worker complies.
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
Section 335:
(1) The Board may enter into agreements or make arrangements with
Canada, a province or a territory, or with the appropriate authority of
Canada, a province or a territory respecting the following:
(a) administrative cooperation and assistance between

jurisdictions in all matters under this Act and corresponding
legislation in other jurisdictions;
(b) the provision of compensation, rehabilitation and health care

to workers in accordance with the standards established under
this Act or corresponding legislation in other jurisdictions;
(c) avoidance of duplication of assessments on workers’ earnings.
(2) An agreement or arrangement under this section may
(a) waive or modify a residence or exposure requirement for

eligibility for compensation, rehabilitation or health care, or
(b) provide for payment to an appropriate authority of Canada or

an appropriate authority of a province or a territory for
compensation, rehabilitation costs or health care costs paid by
the authority.

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POLICY
1. DEFINITION
“Non-resident worker” is an individual who is a “worker” under the Act, who either
resides outside British Columbia on the date of injury, or moves outside British
Columbia after the date of injury.
2. GENERAL
The Board expects workers to obtain health care in British Columbia for their
compensable personal injuries, occupational diseases or mental disorders. However,
the Board may consider that it is reasonably necessary for a worker to obtain health
care in another jurisdiction.
2.1 Emergency Health Care
For workers whose employment takes them to other provinces or territories within
Canada, the Board pays emergency health care accounts received from within Canada
at the rates governed by inter-provincial fee schedules, which the Board establishes
under section 335 of the Act.
The Board generally pays any out-of-country emergency health care accounts received
at the rate established in the other jurisdiction, unless that rate is higher than the British
Columbia rate. In these situations, the Board may negotiate a specific rate for the
health care with the other jurisdiction.
Since emergency health care cannot be scheduled in advance, prior authorization from
the Board is not required.
2.2 Non-Emergency Health Care
The Board should be notified before a worker obtains out-of-province non-emergency

health care in order to ensure that the Board will pay for the health care. The Board
may consider out-of-province non-emergency health care appropriate where:
• it is not reasonably available or not offered in British Columbia;
• it is medically appropriate (e.g. the worker’s health could be put at risk by

traveling a longer distance or waiting to return to British Columbia);

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• the Board has entered into a service agreement with an out-of-province

agency, and there is evidence that there will be reduced claim costs due to
lower travel expenses and/or an earlier return to work; or
• the worker is a non-resident worker.
If the out-of-province non-emergency health care is obtained without prior approval from
the Board, the Board may not pay for it if the Board determines that the health care was
not an accepted part of the claim.
The Board generally pays any out-of-province non-emergency health care accounts
received at the rate established in the other jurisdiction, unless that rate is higher than
the British Columbia rate. In these situations, the Board may negotiate a specific rate
for the health care with the other jurisdiction.
If a worker injured near the provincial border bypasses adequate health care in British
Columbia and, by personal choice, elects to receive health care outside British
Columbia, the Board does not normally pay in excess of British Columbia rates for that
health care.
3. REPORTS, FORMS AND OTHER INFORMATION
A worker who receives health care outside British Columbia is responsible for ensuring
the Board receives all health care reports, forms, receipts and any other requested
information with respect to the worker’s claim from the out-of-province health care
provider.
The Board may reduce or suspend payments to a worker if the worker fails to provide
the Board with the information that the Board considers necessary to administer the
worker’s claim. The Board may also reduce or suspend compensation where the
circumstances set out in Item C10-74.00 are met.

CROSS REFERENCES: Item C10-74.00, Reduction or Suspension of Compensation;
Policy item #93.26, Obligation to Provide Information, of the
January 1, 2015 − This policy incorporated the concepts from and
replaced former policy items #73.50, #73.51, #73.52, #73.53, and
#78.33 of the Rehabilitation Services & Claims Manual, Volume II.

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C10-75.10
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RE: Physicians and Qualified Practitioners ITEM: C10-76.00
BACKGROUND
This policy provides guidance regarding an injured worker’s entitlement to the services
of a physician or qualified practitioner.
2. The Act
Section 1, in part:
“physician” means a person authorized under an enactment to practise in

British Columbia as a medical practitioner;
...
“qualified practitioner” means a person authorized under an enactment to

practise in British Columbia as a chiropractor, dentist, naturopathic
physician, nurse practitioner or podiatrist;
...
“specialist” means a physician residing and practising in British Columbia

and listed by the Royal College of Physicians and Surgeons of Canada as
having specialist qualifications;
...
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
Section 158:
See Item C10-73.00.

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Section 160:
See Item C10-73.00.
(b) eyeglasses, dentures and hearing aids broken as a result of

an accident arising out of and in the course of the worker’s
employment …
(1) A physician or qualified practitioner attending or consulted on a case of

injury to a worker in an industry within the scope of the compensation
provisions, or of an alleged case of such an injury, has the following
duties:
...
(d) without charge to the worker, to give to the worker and the worker’s
dependants all reasonable and necessary information, advice and
assistance they need to
(i) make an application for compensation, and
(ii) provide the certificates and proofs required in relation to the

application.
(2) Every physician or qualified practitioner authorized under this Act to

treat an injured worker is subject to the duties and responsibilities
established by subsection (1), and any health care provided by the
physician or qualified practitioner is subject to the direction,
supervision and control of the Board.
(1) Physicians, qualified practitioners or other persons authorized to

provide health care under the compensation provisions must confine
their treatment to injuries that are injuries to the parts of the body that
they are authorized to treat under the Act under which they are
permitted to practise.
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(2) A person referred to in subsection (1) who gives treatment that is not
authorized as referred to in that subsection commits an offence.
(3) A person referred to in subsection (1) who fails to submit prompt,

adequate and accurate reports and accounts as required by this Act
or by the Board commits an offence.
(4) If a person fails to submit reports and accounts as referred to in

subsection (3), the Board may
(a) cancel the right of the person to be selected by a worker to

provide health care, or
(b) suspend the person for a period determined by the Board.
(5) If the right of a person to provide health care is cancelled or

suspended under subsection (4),
(a) the Board must
(i) notify the person of the cancellation or suspension, and
(ii) inform the applicable governing body under the Health

Professions Act, and
(b) the person must notify injured workers who seek treatment
from that person of the cancellation or suspension.
...
3. Health Professions Act
Section 12(1):
The Lieutenant Governor in Council may, by regulation, designate a health

profession for the purposes of this Act.
Section 15(1):
On designation of a health profession under section 12 (1), a college

responsible for carrying out the objects of this Act in respect of the health
profession is established.

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POLICY
1. ENTITLEMENT TO HEALTH CARE SERVICES
An injured worker is entitled to the services of a physician and/or qualified practitioner

as defined under the Act.
The Board establishes the types of treatment and fees it pays for health care and
related services through contracts, or by implementation of fee schedules, as
appropriate. If there is no contract or fee schedule in place at the time of service
delivery with respect to a certain type of health care, the Board pays an amount for that
health care that it considers reasonable.
Unless prior approval has been obtained, the Board does not generally pay for health
care that is new or that it does not generally accept as reasonably necessary for the
treatment of a compensable personal injury, occupational disease or mental disorder, or
as preventative health care. The Board considers the scientific evidence and
information regarding the effectiveness of such health care, as part of determining
whether to grant approval.
Generally, the Board only pays health care accounts for treatment provided to injured
workers at their residence, when the injured worker is non-ambulatory and the visit is
pre-approved by the Board.
2. GENERAL POSITION OF PHYSICIANS AND QUALIFIED PRACTITIONERS
The Board’s general position is that a worker’s treatment should be overseen by only
one physician or qualified practitioner at a time. There are cases, however, where the
Board may consider concurrent treatment to be reasonable, as discussed in
Item C10-73.00.
Physicians and qualified practitioners are confined to treat injuries that are injuries to the
parts of the body that they are authorized to treat by their governing Acts, regulations
and bylaws.
The Board may further limit the injuries and parts of the body they are authorized to
treat. A physician or qualified practitioner who gives treatment that is not authorized by
their governing Act commits an offence. The maximum fine for committing this offence
is set out in Appendix 5 to this Manual.
The Board does not pay for a worker to attend a physician or qualified practitioner
whose right to provide health care has been cancelled or suspended either by the
licensing body, or by the Board under the provisions referred to in policy item #95.30.

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Physicians and qualified practitioners are required to submit prompt, adequate and
accurate reports to the Board. These reports should include information on the
diagnosis, the treatment possibilities, whether the injury, occupational disease or mental
disorder could have been caused by the worker’s employment, the worker’s prognosis,
and, where appropriate, expectations for return to work. Physicians and qualified
practitioners are also required to give to the worker and the worker’s dependants all
reasonable and necessary information, including advice and assistance they need to
make an application for compensation, and to provide the certificates and proofs
required in relation to the application.
3. CONSULTATION WITH SPECIALIST PHYSICIANS
On an accepted claim where health care is continuing, it is not necessary for a worker to
obtain approval from the Board before seeing a specialist for a consultation, provided
the necessity for consultation is shown on the referring physician’s reports.
Where the Board arranges a referral with a specialist, the Board notifies the worker’s
physician or qualified practitioner.
When either the Board or the worker’s physician refers a worker to a specialist and the
specialist produces a report, the specialist is required to provide a copy of the report to
both the Board and the worker’s physician or qualified practitioner.
3.1 Surgical Treatment
Surgeons are one type of physician recognized by the Royal College of Physicians and
Surgeons of Canada as having specialist qualifications.
The Board does not expect specialist physicians working under emergency conditions
to obtain prior authorization from the Board before performing necessary surgical
treatments.
However, prior authorization from the Board is required before a worker receives any
elective surgical treatments, including investigative surgery, and the Board applies the
policy in Item C10-73.00, in making this determination. If prior authorization is not
obtained and the Board determines that the elective surgical treatment was not
acceptable under the claim, the Board does not pay for the treatment.
The Board does not generally authorize investigative surgery before a claim is
adjudicated, because such invasive procedures could result in a disability. However, if
a worker pays the cost of investigative surgery, the Board may consider any resultant
reports in adjudicating the worker’s claim. If the claim is subsequently allowed, the
Board may then pay the health care account for the investigative surgery under
Item C10-75.00.

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3.2 Psychiatric Consultation and Treatment
A psychiatrist is one type of specialist physician. “Psychiatrist” means a physician who

is recognized by the College of Physicians and Surgeons of British Columbia, or
another accrediting body recognized by the Board, as being a specialist in psychiatry.
The Board generally approves psychiatric examination of a worker for the purposes of
assessment or consultation on an investigative basis.
Prior to paying for psychiatric treatment, the Board requires an examination report from
the worker’s psychiatrist relating to diagnosis, etiology, treatment possibilities and
prognosis.
4. CHIROPRACTORS
Registered members in good standing with the College of Chiropractors of British

Columbia may provide chiropractic treatment and services to injured workers.
Chiropractors may provide the chiropractic treatment and services authorized by the
Health Professions Act and corresponding regulations and bylaws, and as outlined in
any current Board contract and/or fee schedule in place at the time of service delivery.
4.1 Duration of Treatment
The Board determines the duration of chiropractic treatment and services that it
considers reasonable. The Board considers up to five weeks of chiropractic treatment
reasonable for most compensable personal injuries, but pays for up to eight weeks of
treatment.
The Board may pay for extensions beyond eight weeks based on a review of the
evidence. The Board does not pay for more than one chiropractic treatment per day.
4.2 Scope of Treatment
The Board may set out the types of chiropractic treatment and services that it considers
reasonable for most compensable personal injuries. The Board limits chiropractic
treatment to the compensable area of injury and requires the chiropractic treatment to
be reasonably necessary for the worker’s compensable personal injury.
Prior to refusing or terminating authorization for chiropractic treatment, the Board

considers all relevant medical opinions or other expert professional advice and
information regarding the appropriateness of the treatment.
If the Board limits a worker’s health care by terminating its authorization for chiropractic
treatment, the Board communicates the decision to the chiropractor and the worker.
The Board normally pays accounts for health care provided before the decision date.
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4.3 X-rays
X-rays of the affected anatomical area may be taken for the purpose of assisting a
chiropractor in the treatment of a worker. The Board pays health care accounts for x-
rays in accordance with the current Board contract and/or fee schedule in place at the
time of service delivery. The Board does not pay for:
• full-length views of the spine;

• x-rays of non-interpretable quality;
• x-rays of areas of the body not injured; and
• excess, or duplication of, x-rays.
5. DENTISTS
Registered members in good standing with the College of Dental Surgeons of British
Columbia may provide dental treatment and services to injured workers. Dentists may
provide the dental treatment and services authorized by the Health Professions Act and
corresponding regulations and bylaws, and as outlined in any current Board contract
and/or fee schedule in place at the time of service delivery.
The Board generally pays for dental repair for damage caused by a compensable
personal injury or occupational disease. “Personal injury” includes damage to dental
crowns and fixed bridgework, as they are regarded as part of the anatomy. The Board
pays for repair of dentures as set out in section 161(1)(b) of the Act and Item C3-23.20.
Except in emergency cases, the Board does not pay health care accounts for dental
treatments without prior Board approval of the dentist’s proposed treatment.
Where there are two equally effective treatment plans, the Board normally authorizes
the plan that is expected to be the least costly in the long term. If the dentist and/or a
worker chooses the more costly option, the Board pays for costs up to the amount that
would have been paid for the authorized dental treatment plan.
6. PODIATRISTS
Registered members in good standing with the British Columbia Association of

Podiatrists may provide podiatric treatment and services to injured workers. Podiatrists
may provide the podiatric treatment and services authorized by the Health Professions
Act and corresponding regulations and bylaws, and as outlined in any current Board
contract and/or fee schedule in place at the time of service delivery.
The Board determines the podiatric services that it considers reasonable. The Board
may pay for podiatric services such as: primary care services, referral services, and
special podiatric procedures.

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7. NATUROPATHIC PHYSICIANS
Registered members in good standing with the College of Naturopathic Physicians of

British Columbia may provide naturopathic treatment and services to injured workers.
Naturopathic physicians may provide the naturopathic treatment and services
authorized by the Health Professions Act and corresponding regulations and bylaws,
and as outlined in any current Board contract and/or fee schedule in place at the time of
service delivery.
7.1 Duration of Treatment
The Board determines the duration of naturopathic treatment and services that it
considers reasonable. The Board considers up to eight weeks of naturopathic
treatment reasonable for most compensable personal injuries, occupational diseases or
mental disorders. The Board may pay for extensions of treatment beyond eight weeks
based on a review of the evidence.
7.2 Scope of Coverage
The Board determines whether it will pay for naturopathic remedies, treatments, or
dietary supplements as part of an injured worker’s claim.
Following approval, the Board may pay health care accounts submitted by a
naturopathic physician, medical laboratory, or a radiologist, for tests and services
performed by or on behalf of the naturopathic physician, as they relate to the worker’s
compensable personal injury, occupational disease or mental disorder.
8. NURSE PRACTITIONERS
Nurse practitioners in good standing with the British Columbia College of Nursing
Professionals may provide nursing treatment and services to injured workers. Nurse
practitioners may provide the nursing treatment and services authorized by the Health
Professions Act and corresponding regulation and bylaws, and as outlined in any
current Board contract and/or fee schedule in place at the time of service delivery.

AUTHORITY: Sections 1, 156, 157, 158, 160, 161, 163, and 164 of the Act.
CROSS REFERENCES: Sections 12 and 15 of the Health Professions Act,
R.S.B.C. 1996, c. 183;
Item C3-23.00, Replacement and Repair of Personal Possessions
– Section 161(1);
Item C3-23.20, Section 161(1)(b) − Eyeglasses, Dentures and
Hearing Aids;

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Item C10-78.00, Health Care Facilities;
Policy item #95.00, Responsibilities of Physicians/Qualified
Practitioners;
Policy item #95.10, Form of Reports;
Policy item #95.20, Reports by Specialist;
Policy item #95.40, Obligation to Advise and Assist Worker;
Appendix 5, Maximum Fines for Committing Offences Under the
Act, of the Rehabilitation Services & Claims Manual, Volume II.
HISTORY: October 21, 2020 – Amended to reflect amendment to the health
care provisions in the Act by the Workers Compensation
September 1, 2020 − Policy amended to streamline language on
pre-approval requirements.
March 1, 2019 – Housekeeping changes were made as a result of
amendments to various regulations under the Health Professions
Act, effective September 4, 2018, creating name of British
Columbia College of Nursing Professionals
Housekeeping changes made on January 1, 2018 as a result of the
amendment of section 15(1) of the Health Professions Act, effective
November 2, 2017.
January 1, 2015 – Policy amended to include nurse practitioners as
qualified practitioners in accordance with change to the Act
resulting from the Miscellaneous Statutes Amendment Act, 2014,
Bill 17 of 2014.
Policy also consolidated and replaced former policy items #74.00,
#74.10, #74.20, #74.21, #74.22, #74.24, #74.27, #74.30, #74.40,
Volume II, and included new policy on podiatrists.
June 1, 2009 – Deleted references to Board officer, Medical
Advisor, Board Medical Advisor, Board’s Chiropractic Consultant,
Health Care Services Department, and claimant.
October 1, 2007 – Deleted references to memos and
memorandums.
December 31, 2003 – This policy was amended to reflect the
amendment of then section 5.1(1) of the Act and the introduction of
then section 5.1(2) to (4) of the Act.
March 3, 2003 – Consequential changes were made as to
references to review.
APPLICATION: Applies to health care expenses incurred and health care provided
on or after October 21, 2020.

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RE: Other Recognized Health Care Professionals ITEM: C10-77.00
BACKGROUND
This policy provides guidance regarding an injured worker’s entitlement to the services
of recognized health care professionals, other than physicians and qualified
practitioners.
2. The Act
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
See Item C10-76.00.
(1) Physicians, qualified practitioners or other persons authorized to

provide health care under the compensation provisions [of the Act]
must confine their treatment to injuries that are injuries to the parts of
the body that they are authorized to treat under the Act under which
they are permitted to practise.
(2) A person referred to in subsection (1) who gives treatment that is not
authorized as referred to in that subsection commits an offence.
...

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3. Health Professions Act
Section 12(1):
The Lieutenant Governor in Council may, by regulation, designate a health

profession for the purposes of this Act.
Section 15(1):
On designation of a health profession under section 12 (1), a college

responsible for carrying out the objects of this Act in respect of the health
profession is established.
POLICY
1. DEFINITION
As set out in Item C10-72.00, “other recognized health care professionals” are health
care professionals other than physicians and qualified practitioners, recognized by the
Board through contracts and/or fee schedules, to provide health care to injured workers,
such as acupuncturists, audiologists, community health workers, denturists, dietitians,
massage therapists, nurses other than nurse practitioners, occupational therapists,
opticians, optometrists, pharmacists, physiotherapists, prosthetists and orthotists,
psychologists, and other mental health care providers.
2. AUTHORIZATION FOR HEALTH CARE SERVICES
The Board may authorize persons other than physicians or qualified practitioners to
provide health care to injured workers.
The Board establishes the types of treatment and fees it pays for health care through
contracts or by implementation of fee schedules, as appropriate. If there is no contract
and/or fee schedule in place with respect to a certain type of health care, the Board
pays an amount that it considers reasonable.
Generally, the Board pays in accordance with the rates set out in the current Board
contracts and/or fee schedules in place at the time of service delivery, regardless of
whether the other recognized health care professional is a Board-authorized service
provider under the contract and/or fee schedule.
Generally, the Board does not pay for health care that is new, non-standard or not
generally accepted by the Board, unless prior Board approval has been obtained. The
Board considers the scientific evidence and information regarding the effectiveness of
such health care, when deciding whether to grant payment approval.
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The Board only pays for the use of spas, public swimming pools or other exercise
facilities as health care where the spa, public swimming pool or other exercise facility is
used in the presence of another recognized health care professional as part of a Board-
approved treatment program.
Generally, the Board only pays health care accounts for treatment provided to injured
workers at their residence, when the injured worker is non-ambulatory and the visit is
pre-approved by the Board.
3. GENERAL POSITION OF OTHER RECOGNIZED HEALTH CARE

PROFESSIONALS
The Board’s general position is that a worker should only be treated by one other
recognized health care professional at a time.
Other recognized health care professionals are confined to treat injuries that are injuries
to the parts of the body that they are authorized to treat by their governing Acts,
regulations and bylaws. The Board may further limit the injuries and parts of the body
they are authorized to treat. Other recognized health care professionals who give
treatment that is not authorized by their governing Act commit an offence. The
maximum fine for committing this offence is set out in Appendix 5 to this Manual.
The Board does not pay for a worker to attend other recognized health care
professionals whose rights to provide health care have been cancelled or suspended
either by the licensing body, or by the Board under the provisions referred to in policy
item #95.30.
Other recognized health care professionals are required to submit prompt, adequate
and accurate reports to the Board. These reports should include information on the
diagnosis, treatment possibilities, worker’s prognosis, and, where appropriate,
expectations for return to work.
4. ACUPUNCTURISTS
Registered members in good standing with the College of Traditional Chinese Medicine
Practitioners and Acupuncturists of British Columbia may provide acupuncture
treatment and services to injured workers. Acupuncturists may provide the acupuncture
treatment and services authorized by the Health Professions Act and corresponding
regulations and bylaws, and as outlined in any current Board contract and/or fee
schedule in place at the time of service delivery.
The Board determines whether it will pay for acupuncture treatment as part of an injured
worker’s claim.

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The Board’s approval of acupuncture treatment includes direction on the number of

authorized treatment visits. Generally, the Board limits payment to a maximum of eight
treatment visits unless otherwise stated in any current Board contract and/or fee
5. AUDIOLOGISTS
Registered members in good standing with the College of Speech and Hearing Health
Professionals of British Columbia may provide audiology services to injured workers.
Audiologists may provide the audiology services authorized by the Health Professions
Act and corresponding regulations and bylaws, and as outlined in any current Board
The Board determines whether it will pay for audiology services as part of an injured
worker’s claim. The Board pays health care accounts for audiology services according
to any current Board contract and/or fee schedule in place at the time of service
delivery.
6. COMMUNITY HEALTH WORKERS
Community health workers include residential care aides, personal care attendants,
registered care attendants, home support workers, rehabilitation aides, or nurses’ aides.
Community health workers work under the direction and supervision of a physician,
nurse practitioner, registered nurse or licensed practical nurse.
Where appropriate, the Board may pay health care accounts for community health
workers to provide injured workers with treatments such as home wound care services
or home intravenous therapy services. The Board administers these services pursuant
delivery.
7. DENTURISTS
Registered members in good standing with the College of Denturists of British Columbia
may provide denturist services to injured workers. Denturists may provide the denturist
services authorized by the Health Professions Act and corresponding regulations and
bylaws, and as outlined in any current Board contract and/or fee schedule in place at
the time of service delivery.
The Board pays reporting or form fees to denturists for any reports that the Board
requires, and pays health care accounts according to any current Board contract and/or
fee schedule in place at the time of service delivery.

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The Board may not pay for denturist services until it has received and approved an
estimate from the denturist outlining:
• the extent of dental damage;
• the method of restoration recommended; and
• the expected costs of the repair, itemized according to the current Board
8. DIETITIANS
Registered members in good standing with the College of Dietitians of British Columbia
may provide dietetic services to injured workers. Dietitians may provide the dietetic
The Board determines whether it will pay for dietetic services as part of an injured
worker’s claim. The Board pays health care accounts for dietetic services according to
9. MASSAGE THERAPISTS
Registered members in good standing with the College of Massage Therapists of British
Columbia may provide massage therapy treatment and services to injured workers.
Massage therapists, registered massage therapists, massage practitioners, and
registered massage practitioners may provide the massage therapy treatment and
In most cases, the Board limits payment to a maximum of three treatment visits per
week up to five weeks from the date of the injured worker’s first visit, unless otherwise
stated in any current Board contract and/or fee schedule in place at the time of service
delivery. The Board may pay for extensions of massage therapy treatments beyond five
weeks based on a review of the evidence.
The Board does not pay for more than one massage therapy treatment per day.
10. NURSES
Registered nurses in good standing with the British Columbia College of Nursing
Professionals, and licensed practical nurses in good standing with the British Columbia
College of Nursing Professionals, may provide nursing treatment and services to injured
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workers. Nurses may provide the nursing treatment and services authorized by the
For workers who need nursing services while in a hospital, the necessary nursing
service is determined and provided by the hospital. If the worker or the worker’s family
desires to have an additional or one-on-one nurse in attendance, the worker pays the
cost of such nursing services.
Where appropriate, the Board may pay health care accounts for nurses to provide
injured workers with treatments such as home wound care services or home
intravenous therapy services. The Board administers these services pursuant to any
The Board accepts reports received from nurses in remote locations as medical reports
if there is no physician in the immediate area.
11. OCCUPATIONAL THERAPISTS
Registered members in good standing with the College of Occupational Therapists of

British Columbia may provide occupational therapy treatment and services to injured
workers. Occupational therapists may provide the occupational therapy treatment and
The Board determines whether it will pay for occupational therapy treatment and
services as part of an injured worker’s claim. The Board pays health care accounts for
occupational therapy treatment and services according to any current Board contract
12. OPTICIANS
Registered members in good standing with the College of Opticians of British Columbia
may provide opticianry services to injured workers. Opticians, dispensing opticians and
contact lens fitters may provide the opticianry services authorized by the Health
Professions Act and corresponding regulations and bylaws, and as outlined in any
The Board determines whether it will pay for opticianry services as part of an injured
worker’s claim. The Board pays health care accounts for opticianry services according
delivery.

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13. OPTOMETRISTS
Registered members in good standing with the College of Optometrists of British

Columbia may provide optometry treatment and services to injured workers.
Optometrists may provide the optometry treatment and services authorized by the
The Board determines whether it will pay for optometry treatment and services as part
of an injured worker’s claim. The Board pays health care accounts for optometry
treatment and services according to any current Board contract and/or fee schedule in
place at the time of service delivery.
14. PHARMACISTS
Registered members in good standing with the College of Pharmacists of British

Columbia may provide pharmacy services to injured workers. Pharmacists may provide
the pharmacy services authorized by the Health Professions Act and corresponding
regulations and bylaws, and as outlined in any current Board contract and/or fee
The Board determines whether it will pay for pharmacy services as part of an injured
worker’s claim. The Board pays health care accounts for pharmacy services according
delivery.
15. PHYSIOTHERAPISTS
Registered members in good standing with the College of Physical Therapists of British
Columbia may provide physical therapy treatment and services to injured workers.
Physical therapists, registered physical therapists, physiotherapists, registered
physiotherapists, remedial gymnasts and registered remedial gymnasts may provide the
physical therapy treatment and services authorized by the Health Professions Act and
corresponding regulations and bylaws, and as outlined in any current Board contract
In most cases, the Board limits payment to a maximum of one visit per day up to eight
weeks, or 22 visits, whichever is earlier, from the date of the injured worker’s first visit,
unless otherwise stated in any current Board contract and/or fee schedule in place at
the time of service delivery. The Board may pay for extensions of physical therapy
treatments and services beyond eight weeks or 22 visits based on a review of the
evidence.

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16. PROSTHETISTS AND ORTHOTISTS
Registered members in good standing with the Canadian Board for Certification of
Prosthetists and Orthotists may provide prosthetic or orthotic services and devices to
injured workers. Prosthetists and orthotists may provide prosthetic or orthotic services
and devices as outlined in any current Board contract and/or fee schedule in place at
The Board determines whether it will pay for prosthetic or orthotic services and devices
as part of an injured worker’s claim. The Board pays health care accounts for prosthetic
or orthotic services and devices according to any current Board contract and/or fee
17. PSYCHOLOGISTS AND COUNSELLORS
Registered members in good standing with the College of Psychologists of British

Columbia may provide psychological treatment and services to injured workers.
Psychologists, registered psychologists, psychological associates and registered
psychological associates may provide psychological treatment and services as
authorized by the Health Professions Act and corresponding regulations and bylaws,
and as outlined in any current Board contract and/or fee schedule in place at the time of
service delivery.
Registered clinical counsellors in good standing with the British Columbia Association of
Clinical Counsellors, or Canadian certified counsellors in good standing with the
Canadian Counselling and Psychotherapy Association, may provide counselling
treatment and services to injured workers. Registered clinical counsellors and
Canadian certified counsellors may provide counselling treatment and services as
authorized by their governing bodies and corresponding regulations and bylaws, and as
outlined in any current Board contract and/or fee schedule in place at the time of service
delivery.
The Board determines whether it will pay for psychological or counselling treatment and
services as part of an injured worker’s claim. The Board pays health care accounts for
psychological or counselling treatment and services according to any current Board
When psychological or counselling treatment and/or services are required, the Board
arranges for a psychologist or counsellor to provide treatment and/or services to the
worker according to the Board’s Agreement for Mental Health Providers for Psychology
Assessment Services, the Mental Health Treatment Service Agreement, and
accompanying guidelines.

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AUTHORITY: Sections 156, 157, 161, and 164 of the Act.
CROSS REFERENCES: Sections 12 and 15 of the Health Professions Act, R.S.B.C.
1996, c. 183;
Appendix 5, Maximum Fines for Committing Offences Under the
Act, of the Rehabilitation Services & Claims Manual, Volume II.
HISTORY: September 1, 2020 - Policy amended to increase acupuncture
coverage and streamline language on pre-approval requirements.
March 1, 2019 – Housekeeping changes were made as a result of
amendments to various regulations under the Health Professions
Act, effective September 4, 2018, creating name of British
Columbia College of Nursing Professionals.
January 1, 2018 – Housekeeping changes were made as a result of
the amendment of section 15(1) of the Health Professions Act,
which came into effect November 2, 2017.
January 1, 2015 – Policy amended to remove reference to nurse
practitioners as other recognized health care professionals.
Policy also incorporated the concepts from and replaced former
policy items #75.00, #75.10, #75.12, #75.20, #75.30, #75.40 and
#78.14 of the Rehabilitation Services & Claims Manual, Volume II,
and included new policy on audiologists, community health
workers, dieticians, massage therapists, occupational therapists,
opticians, optometrists, pharmacists, prosthetists and orthotists,
and psychologists and counsellors.
June 1, 2009 – Deleted references to Board officer, Unit or Area
Office Medical Advisor, and Board Medical Advisor and Consultant.
APPLICATION: This Item applies to health care expenses incurred and health care
provided on or after September 1, 2020.

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RE: Health Care Facilities ITEM: C10-78.00
BACKGROUND
This policy provides guidance on the payment of health care accounts for services
provided at health care facilities.
2. The Act
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
Section 158:
See Item C10-73.00.
POLICY
1. GENERAL
As set out in Item C10-72.00, “health care facility” means a hospital; surgical facility;
office of a physician, qualified practitioner or other recognized health care professional;
group home; or other place where acute, intermediate or long-term health care services
or programs, are provided.
The Board pays for health care provided at health care facilities that the Board
considers reasonably necessary in the diagnosis and treatment of an injured worker.
This includes, but is not limited to, emergency services, laboratory tests and diagnostic
imaging services.
Prior Board approval is normally required for diagnostic imaging services, such as
MRIs, PET Scans and CT scans. Where prior Board approval is not obtained, the
Board may still pay the health care account in emergency situations or where the Board
determines that the procedure was reasonably necessary.

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The Board pays for medically necessary supplies, assistive devices or appliances,
approved by the Board, that are provided by the health care facility to the worker for the
worker’s use following discharge from the facility. Examples of such items include, but
are not limited to, crutches, braces and casts.
The amounts payable to health care facilities for health care provided to injured workers
are generally governed by contracts and/or fee schedules negotiated by the Board.
2. OVERNIGHT STAY
Where in-patient per diem rates are paid to health care facilities, such rates are
inclusive of all essential costs associated with an overnight stay including additional
nursing services, special beds, medications, or any other additional services or
equipment.
The Board pays for accommodation in a standard ward. The Board may pay for private
or semi-private accommodation where it is cost effective in minimizing wage-loss
benefits resulting from a delayed admission to the health care facility, or if the Board
considers such accommodation to be reasonably necessary due to the nature of the
compensable personal injury, occupational disease or mental disorder.
The Board may pay for the cost of telephone and television rentals where the worker is
required to remain in a health care facility for longer than one night.
3. HEALTH CARE FACILITIES OTHER THAN ACUTE CARE HOSPITALS
Health care facilities other than acute care hospitals may be used for the pre-operative
or post-operative treatment of injured workers who require active nursing services, or for
operative purposes, if a worker requires expedited surgery. The Board only pays for
health care at this type of facility where Board approval has been obtained before the
worker is admitted.
Where prior Board approval is not obtained, the Board may pay for the health care
provided where the Board determines that the health care was reasonably necessary.
The Board establishes rates for payment, taking into consideration such things as:
• the purpose and necessity of the health care;

• the level of care required; and/or
• the regulatory authority of the health care facility.
4. REDUCTION OR SUSPENSION OF COMPENSATION
The Board’s approval must be obtained for any absence from a health care facility for
any purpose other than medical treatment and examination. The Board does not pay

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for an overnight stay in a health care facility during such a period of absence unless
prior Board approval for the absence has been obtained.
Cases of a worker’s misconduct, while admitted to a health care facility, may result in
the Board reducing or suspending the worker’s compensation if the circumstances in
Item C10-74.00 are met.

CROSS REFERENCES: Policy item #49.10, Worker Receiving Custodial Care in Hospital;
Item C10-79.00, Health Care Supplies and Equipment, of the
policy items #76.00, #76.10, #76.30, #76.40 and #76.50 of the
provided on or after January 1, 2015.

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RE: Health Care Supplies and Equipment ITEM: C10-79.00
BACKGROUND
This policy provides guidance on an injured worker’s entitlement to, and the repair and
replacement of, health care supplies and equipment.
2. The Act
Section 155:
(1) To aid in getting an injured worker back to work or to assist in lessening or

removing a resulting disability, the Board may take the measures and
make the expenditures that the Board considers necessary or expedient,
regardless of the date on which the worker first became entitled to
compensation.
(2) If compensation is payable under this Part [Part 4 of the Act –

Compensation to Injured Workers and Their Dependants] as the result of
the death of a worker, the Board may make provisions and expenditures
for the training or retraining of a dependent spouse, regardless of the date
of death.
(3) The Board may, if it considers this advisable, provide counselling and
placement services to dependants of a worker.
Section 156:
See Item C10-72.00.
Section 161(2):
If an injury to a worker results in serious impairment of the worker’s sight, the

Board may, for the purpose of protecting the worker’s remaining vision, provide
the worker with protective eyeglasses.

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POLICY
1. GENERAL
The Board may pay for health care supplies and equipment that the Board considers
reasonably necessary to cure or alleviate the effects of the worker’s personal injury,
occupational disease or mental disorder, and to assist in recovery. The Board
considers medical opinion or other expert professional advice and cost effectiveness in
making this determination.
Health care supplies and equipment may be provided on a temporary or a permanent

basis.
Optional upgrades on health care supplies and equipment that are not medically
necessary to alleviate the effects of the compensable disability are at the worker’s own
expense.
1.1 Repair and Replacement of Health Care Supplies and Equipment
The Board may pay for the repair and/or maintenance of health care supplies and
equipment. In paying for repair and/or maintenance, the Board may establish an
allowance in lieu of requiring ongoing submission of receipts. The amount of the
allowance is based on the Board’s experience as to the normal wear and tear,
maintenance requirements and life span of the item in question.
The Board may pay for replacement of health care supplies and equipment when there
is a demonstrated deficiency or deterioration in the item, there is a change in the
worker’s condition such that the item no longer meets the worker’s needs, the item
cannot be cost effectively repaired, and/or the item jeopardizes the worker’s safety.
Replacement of health care supplies and equipment is based on the Board’s experience
as to the normal wear and tear and life span of the item in question.
The Board may not pay for the repair or replacement of health care supplies and
equipment if the loss or damage is a result of deliberate misuse, abuse, or occurs with
excessive frequency.
2. TYPES OF HEALTH CARE SUPPLIES AND EQUIPMENT
Set out below are some of the health care supplies and equipment paid for by the Board
and the conditions and criteria for their coverage. The list is not exhaustive. A worker
or the worker’s physician, qualified practitioner or other recognized health care
professional may contact the Board to determine if the Board will pay for a particular
item.

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2.1 Medical Supplies
The Board may pay for medical supplies required to treat a worker’s compensable
personal injury, occupational disease or mental disorder where recommended by the
worker’s physician, qualified practitioner or other recognized health care professional.
The Board may require medical or other expert professional reports to support the
necessity of specific medical supplies.
2.1.1 Prescription Medications
The Board may pay for prescription medication where the Board determines that it is
reasonably necessary to treat the worker’s compensable disability. The Board generally
pays for medications at the equivalent generic drug rate.
Payment for opioids, sedatives/hypnotics, and other potentially addictive drugs are
discussed in Item C10-80.00.
2.1.2 Prescription Eyeglasses
The Board may pay for prescription eyeglasses for workers whose eyesight is affected
as a result of a compensable personal injury or occupational disease. The Board may
pay for tinted lenses if required for the compensable disability and if prescribed by a
The Board may pay for contact lenses if the Board considers they would be more
appropriate for the compensable personal injury or occupational disease and more
beneficial to the worker than prescription eyeglasses.
If a worker loses the sight or a substantial part of the sight of one eye due to a
compensable personal injury or occupational disease, the Board may pay for protective
glasses with hardened lenses to protect the remaining vision. The Board may also pay
for an ocular prosthesis (artificial eye) if it considers the ocular prosthesis to be
reasonably necessary.
In all cases, the Board establishes the rates of payment for prescription eyeglasses,
contact lenses and protective eyewear.
2.1.3 Hearing Aids
A worker with a work-related hearing loss may be eligible to receive a hearing aid,
depending on the level of hearing loss. The Board determines the level of hearing loss,
with advice from a certified audiologist. The Board establishes rates for the provision of
hearing aids by contracting with Board-authorized service providers.

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If a hearing aid is not obtained from a Board-authorized service provider, any additional
costs incurred by the worker, beyond the Board-established rates for the provision of
hearing aids, are at the worker’s own expense.
Special accessories for the hearing aid (e.g. a telephone amplifier) may be paid for in
cases where it is considered reasonably necessary by the Board.
The Board may pay for a bilateral hearing aid where required due to a worker’s level of
hearing loss.
2.2 Artificial Appliances
The Board pays for the most medically and functionally appropriate and cost effective
artificial appliances. In making this determination, the Board may consider, among
other factors, whether:
• the appliance is required due to a compensable personal injury or occupational

disease;
• the appliance is prescribed by the worker’s physician or qualified practitioner;

and/or
• the provision of the artificial appliance is supported by objective medical

evidence or other expert professional advice.
2.2.1 Prosthetic Appliances
The Board only pays for prosthetic appliances if they are requisitioned from facilities that
have registered prosthetists or similarly qualified professionals on their staff.
The Board may pay for cosmetic restoration for aesthetic rather than functional
purposes in order to alleviate the impact of the compensable disability and promote
social and psychological well-being. Examples of cosmetic restoration include, but are
not limited to, skin matching, artificial fingers or partial hands, artificial noses, and
artificial ears.
The Board may establish guidelines with respect to the provision of advanced
technologies, such as myoelectric and computerized prostheses.
2.2.2 Orthotic Appliances
The Board may pay for orthotic appliances on one or more occasions to assist with
recovery, improve or maintain functional abilities, and to assist with return to work.
Examples of orthotic appliances include, but are not limited to, spinal or leg braces,
back braces, or splints.
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2.3 Footwear
The Board may pay for customized or commercial footwear when the Board determines
that the provision of footwear is warranted due to the compensable disability. The
Board may also pay where customized or commercial footwear is a requirement for
treatment or rehabilitation or where the worker’s existing footwear is not sufficient or
cannot be adequately modified.
In making this determination, the Board considers whether the provision of footwear will
enable the worker to return to work and to meet any workplace safety requirements.
The Board generally pays for footwear for a worker with a temporary disability on a one-
time only basis.
In all cases, when the worker’s disability warrants the provision of footwear, either
customized or commercial, the Board pays for the most medically appropriate and cost
effective alternative.
2.4 Mobility-Related Devices
The Board may pay for mobility-related devices to assist permanently disabled workers
with activities of daily living and/or instrumental activities of daily living that the worker is
unable to carry out due to the compensable personal injury or occupational disease.
The Board makes its determination on the provision of mobility-related devices based
on medical opinion, other expert professional advice, and the cost effectiveness of the
device. Examples of mobility-related devices include, but are not limited to, canes,
crutches, walkers, manual wheelchairs, scooters and power wheelchairs.
The Board may rent a mobility-related device for a worker whose temporary disability
severely restricts the worker’s mobility and the device is medically necessary to address
the worker’s mobility needs.
The Board pays for wheelchairs for workers who are permanently disabled and whose
ability to walk is so severely restricted that the use of any other mobility device,
including a mobility scooter, is insufficient to address the worker’s mobility needs. The
Board determines the type of wheelchair to purchase, either manual or power, based on
medical opinion or other expert professional advice establishing necessity and cost
effectiveness. The Board may rent a wheelchair for a worker whose temporary
disability severely restricts the worker’s mobility, and the use of any other mobility-
related device is insufficient to address the worker’s mobility needs.

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2.5 Recreational Prosthetic Appliances and Mobility Devices
The Board may pay for recreational prosthetic appliances, mobility devices, or
specialized sports devices for exercise purposes in certain circumstances. In
determining whether a recreational prosthetic appliance, mobility device, or specialized
sports device is appropriate, the Board considers the following:
• the physical and psychological benefits to the worker;
• the worker’s demonstrated ability to maintain an active lifestyle;
• the physical ability of the worker to use the equipment independently and safely;
• the potential risk of additional injuries to the worker;
• the assessment of the equipment and its reliability;
• the cost effectiveness; and
• any previous recreational prosthetic appliances, mobility devices, or specialized

sports devices supplied to the worker.
The Board normally pays for recreational prosthetic appliances, mobility devices, or
specialized sports devices for one recreational activity at a time. The Board may pay
for another recreational prosthetic appliance, mobility device, or specialized sports
device when the Board determines that the previously provided device is no longer
appropriate.
2.6 Miscellaneous Items
The Board may pay for miscellaneous health care supplies and equipment that it
considers reasonably necessary for the health care needs of an injured worker, or that
are designed to assist with the activities of daily living.
Examples of such items include, but are not limited to:
• raised toilet seats and commodes;
• wheelchair and pressure relief cushions;
• hand held shower heads, grab bars, bath benches, non-slip bath mats, and
safety poles;
• long-handled shoe horns and elastic shoelaces; and

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• supplies to assist with personal hygiene such as tubing, urinary drainage bags,
catheters, suppositories, disposable gloves, and other bladder and bowel routine
care supplies.
For workers who require an adjustable bed due to the compensable personal injury or
occupational disease, the Board may also pay for items such as:
• adjustable hospital-type beds and adjustable bed mattresses; and/or
• pressure relieving mattresses or overlays where needed to prevent skin

breakdown or spasm.
Generally, the Board does not pay for general household items such as hot tubs,
televisions, linens and furniture.

CROSS REFERENCES: Item C3-23.00, Replacement and Repair of Personal Possessions
– Section 161(1);
Item C10-78.00, Health Care Facilities;
Item C10-80.00, Potentially Addictive Drugs;
Item C10-81.00, Home and Vehicle Modifications;
Item C10-82.00, Clothing Allowances;
Item C10-84.00, Additional Benefits for Severely Disabled
Workers;
Chapter 11 – Vocational Rehabilitation, of the Rehabilitation
January 1, 2015 − This policy consolidated concepts and replaced
former policy items #74.26, #77.00, #77.10, #77.20, #77.21,
#77.22, #77.23, #77.24, #77.25, #77.26, #77.28, and #77.29 of the
June 1, 2009 – Deleted references to Board officer, Board Medical
Advisor, Health Care Services Department, Board’s Special Care
Services Department, Board’s Rehabilitation Centre, and inserted
reference to prosthetist.

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RE: Potentially Addictive Drugs ITEM: C10-80.00
BACKGROUND
This policy provides guidance regarding the authorization of payment for potentially
addictive drugs.
2. The Act
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
POLICY
1. GENERAL
The Board may pay for potentially addictive drugs prescribed to an injured worker
following the worker’s injury or most recent surgery; or for the treatment of conditions
arising from the worker’s compensable personal injury, occupational disease or mental
disorder.
The Board generally only pays for prescribed potentially addictive drugs that are
administered orally, except in immediate post-injury, operative, peri-operative or
palliative situations.
The following sections set out when the Board pays for the prescription of opioids,
sedatives/hypnotics or other potentially addictive drugs. A list of specific potentially
addictive drugs covered by this policy may be obtained by contacting the Board.
2. AUTHORIZATION FOR PRESCRIBED OPIOIDS
The Board may pay for prescribed opioids for up to four weeks. The Board does not
consider payment beyond four weeks appropriate in most cases.

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In exceptional cases, the Board may pay for extensions of opioid prescriptions beyond
four weeks if, among other considerations:
• there is objective medical opinion or other expert professional advice that

treatment with opioids is resulting in improvement of pain and function,
enabling the worker to return to work, perform activities of daily living, and/or
perform instrumental activities of daily living; and
• the use of opioids is part of an integrated approach to overall pain

management.
The Board does not pay for extensions of opioid prescriptions until it has received and
approved a request from the physician or qualified practitioner outlining details such as
the treatment plan, dosage, frequency, and progress expectations.
The Board also requires the worker to complete a written treatment agreement outlining
the conditions of the extension being granted.
As part of the Board’s integrated approach to overall pain management, the Board
reviews long-term treatment plans involving the use of opioids on a periodic basis. The
Board also refers to best practice treatment guidelines and other expert scientific and
medical evidence on the treatment and management of opioids and other potentially
addictive drugs.
3. AUTHORIZATION FOR PRESCRIBED SEDATIVES/HYPNOTICS
The Board may pay for prescribed sedatives/hypnotics for up to two weeks. The Board
does not consider payment beyond two weeks appropriate in most cases.
In exceptional cases, the Board may pay for extensions of sedative/hypnotic

prescriptions beyond two weeks if, among other considerations:
• the Board has accepted a psychological condition under the claim and the
worker is under the care of a psychiatrist;
• the sedative/hypnotic medication is prescribed to treat spasticity associated

with a compensable condition such as a spinal cord injury, or
• the extension is for a short duration (one to two days) and is associated with
an upcoming scheduled medical investigation or procedure.

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4. AUTHORIZATION FOR OTHER PRESCRIBED POTENTIALLY ADDICTIVE
DRUGS
The Board does not pay for any other potentially addictive drugs prescribed to an
injured worker, unless their use is part of an integrated approach to overall pain
management and the Board has received:
• a request from the physician or qualified practitioner outlining details such as

the treatment plan, dosage, frequency, and progress expectations; and
• a written treatment agreement, which outlines the conditions of payment,

signed by the worker.
5. CANCELLATION OF PAYMENT FOR ALL PRESCRIBED POTENTIALLY

ADDICTIVE DRUGS
The Board may restrict or discontinue the authorization of payment for prescribed
potentially addictive drugs if, among other considerations, the Board determines that:
• the worker’s pain and/or function has improved completely or significantly,

and treatment with the potentially addictive drug is no longer medically
necessary;
• there is no improvement in the worker’s pain and/or function;
• the prescribed potentially addictive drug results in adverse side effects;
• the worker is in contravention of one or more of the conditions set out in the
worker’s written treatment agreement; or
• there is a reasonable risk of misuse.
6. EXCEPTIONS
In cases where a worker is receiving palliative care, the Board may determine the
duration of a worker’s entitlement to prescribed potentially addictive drugs based on the
physician or qualified practitioner’s treatment plan and the individual merits of the case.

CROSS REFERENCES: Item C10-79.00, Health Care Supplies and Equipment, of the

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R.S.B.C. 2019, c. 1.
January 1, 2015 − This policy replaced former policy item #77.30
June 1, 2009 – Deleted references to Board officer, Payment
officer and Board Medical Advisor.
APPLICATION: This Item applies to health care expenses incurred and health
care provided on or after January 1, 2015.

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RE: Home and Vehicle Modifications ITEM: C10-81.00
BACKGROUND
This policy sets out an injured worker’s entitlement to home and/or vehicle
modifications.
2. The Act
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
POLICY
1. GENERAL
The Board may pay for home and/or vehicle modifications where they are required due
to a compensable personal injury or occupational disease. The Board retains
ownership of the modifications and may reclaim them when they are no longer required.
2. HOME MODIFICATIONS
The Board may pay for home modifications that are reasonably necessary to improve a
worker’s access to areas of the worker’s home and to assist with activities of daily living.
In making this determination, the Board considers:
• the nature and severity of the worker’s disability;
• the expected duration of the worker’s disability (i.e. whether it will be

temporary or permanent);
• the medical necessity of the modifications requested;
• the scope of the modifications requested;

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• the suitability of the worker’s home for modification:
o whether the home is structurally sound;
o whether the modifications are a viable option; and
o whether the worker owns or rents the home;
• the cost effectiveness of the proposed modifications; and
• whether any alternative modifications may be more appropriate to address

the impact of the worker’s disability or functional needs.
Prior approval by the Board is required for payment of any home modifications. Any
unauthorized modifications or upgrades may be at the worker’s own expense.
If necessary, the Board may relocate the worker to a suitable temporary

accommodation during the home modification process.
Minor home modifications may include, but are not limited to: the installation of grab-
bars, ceiling poles, hand rails, handheld showers, or wing taps for sinks.
The Board may pay for minor home modifications for workers who own or rent the home
they live in. Where applicable, the Board requires written authorization from a landlord,
strata corporation, cooperative, or similar entity, prior to any modifications to the home.
The Board may pay for minor home modifications on more than one occasion based on
the Board’s assessment of the worker’s continued need for the home modifications, with
reference to the factors listed above.
The Board may pay for major home modifications for severely disabled workers as set
out in Item C10-84.00.
3. VEHICLE MODIFICATIONS
The Board may pay for vehicle modifications that are reasonably necessary to improve
a worker’s mobility and independence outside of the home, and to address the
transportation and access needs of the worker. In making this determination, the Board
considers:
• the nature and severity of the worker’s disability;
• the expected duration of the worker’s disability (i.e., whether it will be

temporary or permanent);

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• the medical necessity of the modifications requested;
• the scope of the modifications requested;
• the suitability of the worker’s vehicle for modification:
o whether the transmission is automatic or manual; and/or
o whether the vehicle is large enough for the modifications required;
• the cost effectiveness of the proposed modifications;
• if the worker is driving the vehicle, whether the worker is eligible to drive;
• if the worker is not driving the vehicle, the intended driver of the vehicle; and
• whether any alternative modifications may be more appropriate to address

the impact of the worker’s disability or functional needs.
Prior approval by the Board is required for payment of any vehicle modifications. Any
unauthorized modifications or upgrades may be at the worker’s own expense. Only the
worker’s primary vehicle is modified.
Minor vehicle modifications may include, but are not limited to: hand controls, parking
brake extension levers, power parking brakes, left hand gear selection levers, spinner
knobs for steering wheels, gas guards, chest harnesses/seatbelts, or pedal extensions.
The Board may pay for minor vehicle modifications for workers who own or lease their
vehicle. If the worker leases a vehicle, written authorization from the lessor is also
necessary prior to any modification to the leased vehicle.
The Board may pay for minor vehicle modifications on more than one occasion based
on the Board’s assessment of the worker’s continued need for the vehicle modification,
with reference to the factors listed above.
The Board may pay for major vehicle modifications for severely disabled workers as set
out in Item C10-84.00.
4. MAINTENANCE AND REPAIRS OF HOME AND VEHICLE MODIFICATIONS
The Board does not pay the cost of general maintenance and repairs of homes and/or
vehicles that would be required regardless of the compensable personal injury or
occupational disease, even if some equipment has been supplied by the Board.

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The Board may pay for the maintenance and/or repair of home and/or vehicle
modifications that are specifically required due to the worker’s compensable personal
injury or occupational disease.
The worker is responsible for any repair and/or maintenance costs of home and vehicle
modifications resulting from deliberate misuse or abuse by the worker.
If a worker’s home and/or vehicle insurance premiums increase due to a home or

vehicle modification, the Board may pay for the amount of the increase.

CROSS REFERENCES: Policy item #48.40, Overpayments/Money Owed to the Board;
Item C10-84.00, Additional Benefits for Severely Disabled
Workers, of the Rehabilitation Services & Claims Manual,
Volume II.
of the Rehabilitation Services & Compensation Manual, Volume II.

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RE: Clothing Allowances ITEM: C10-82.00
BACKGROUND
This policy provides guidance on a worker’s entitlement to clothing allowances.
2. The Act
Section 156:
See Item C10-72.00.
POLICY
1. GENERAL
The Board may pay the clothing allowances set out below to upper and/or lower limb
amputees wearing prostheses, and to workers wearing an upper or lower limb brace, or
a back brace. The amputation must be at or above the wrist, or at or above the ankle.
An upper limb brace is a brace worn at or above the wrist. The brace must be either a
major joint brace with rigid frame or contain rigid materials; or a hard back brace, with a
rigid frame or shell.
Workers are paid a clothing allowance under one category as set out below:
Jan. 1, 2019 − Jan. 1, 2020 −

Dec. 31, 2019 Dec. 31, 2020
Upper Limb $357.36 $364.02
Lower Limb $716.47 $729.83
Bilateral Limb $716.47 $729.83
Upper and Lower Limb $1,073.95 $1,093.97

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The Board also pays the allowance to a worker confined to a wheelchair, who is not
otherwise entitled, at the upper and lower limb rate. The Board pays the allowance to a
worker wearing a back brace at the upper and lower limb rate.
Effective January 1st, 2008, the Board adjusts the amounts of the clothing allowances
on January 1st of each year. The Board determines the percentage change to be
applied annually to these amounts by comparing the percentage change in the
consumer price index for Canada for October of the previous year with the consumer
price index for Canada for October of the year prior to the previous year.
The Board automatically pays the clothing allowance to a worker with an amputation at
or above the wrist, or at or above the ankle. Proof is not required of the wearing of the
prosthesis or prostheses, nor of the replacement, repair, or damage to clothing. In the
case of braces however, the Board only pays the clothing allowance contingent on the
worker’s continued wearing of the apparatus as prescribed. Similarly, in the case of a
worker confined to a wheelchair, the Board only pays the clothing allowance contingent
on the worker’s continued use of the wheelchair as prescribed.
Entitlement to the clothing allowance commences as of the date of the amputation or

the worker commencing to use the brace or wheelchair. The Board makes the first
payment following the initiation of the permanent disability benefits payments and this
first payment includes any retroactive entitlement for prior periods of disability not
previously paid. Subsequent payments are made annually.
The Board withholds payment of the clothing allowance while a worker is in prison. The
Board pays the amount withheld to the worker on release, if the period in prison was
less than one year. If the period in prison was more than one year, the Board does not
pay the clothing allowance for each full year the worker was in prison.

CROSS REFERENCES: Item C10-79.00, Health Care Supplies and Equipment;
Item C10-84.00, Additional Benefits for Severely Disabled Workers,
January 2018 – This policy was amended to provide additional
clarification of the categories in the clothing allowance table; more
guidance on what type of brace qualifies for an allowance;
clarification that an allowance is payable under one category only;
and the method and timing of payments was updated.

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January 1, 2015 − This policy replaced former policy item #79.00 of
October 1, 2007 – This policy was revised to change the reference
to the date of clothing allowance adjustments from July to
January 1st of each year.

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RE: Transportation ITEM: C10-83.00
BACKGROUND
This policy provides guidance on when the Board pays transportation costs as health
care.
2. The Act
Section 156:
See Item C10-72.00.
Section 159(2):
If a worker is injured in the course of employment, the worker’s employer must, at

the employer’s own expense, provide the injured worker, when necessary, with
immediate conveyance and transportation to a hospital, physician or qualified
practitioner for initial treatment.
Section 160:
See Item C10-73.00.
POLICY
1. DEFINITIONS
As set out in Item C10-72.00, “residence” means the place where a worker lives or
regularly stays. Where the worker has more than one residence, the worker is required
to identify one as the primary residence.
As set out in Item C10-73.00, a “medical examination” is not limited to examinations

performed by physicians. It also includes examinations by qualified practitioners and
other recognized health care professionals. The term “examination” may include a
consultation (e.g., with a dentist), or an assessment (e.g., by a psychologist).

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2. ELIGIBILITY
The Board may pay for transportation for a worker to receive Board-approved health
care for a compensable personal injury, occupational disease or mental disorder.
Transportation costs may be paid where the distance between the point of origin and
the destination is 20 kilometres or greater, one way, for:
(a) travel to a health care facility to obtain Board-approved health care;
(b) visits to the worker’s residence while the worker is participating in a Board-
approved health care program lasting six weeks or more, during which the
worker is required to stay in other accommodation. The Board may pay
for transportation in respect of such visits once every three weeks, if the
worker’s recovery would not be impeded;
(c) return travel to the worker’s residence if, at the time of the compensable
personal injury, occupational disease or mental disorder, the worker is
working at a location other than the worker’s resident community, and the
worker’s disability from the compensable personal injury, occupational
disease or mental disorder prevents the worker from returning to the
worker’s place of residence using the worker’s usual mode of
transportation; or
(d) travel in connection with attendance at a Board- or Workers’

Compensation Appeal Tribunal-directed medical examination or inquiry.
Transportation costs are not normally paid for:
(a) The first 20 kilometres of any journey, except where the Board determines
that the worker’s condition is such as to require travel by:
• ambulance or other method of emergency transportation (not including

the date of injury transportation as per section 159); or
• taxi.
(b) travel related to attendance at a return to work program; or
(c) the portion of any journey which takes place beyond the boundary of
British Columbia. This does not apply where the Board specifically
requests the worker to attend a medical examination, or in certain
situations specified in policy item #100.14, in relation to claims or Review
Division inquiries.

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To determine the amount payable for transportation, the Board considers the most
reasonably direct route available from the point of origin to the destination. The point of
origin is usually the worker’s residence.
Where a worker is required to travel to attend a vocational rehabilitation appointment,

other than as part of a vocational rehabilitation plan, the Board pays for transportation in
the same manner and at the same rates as set out in this policy. Where a worker is
participating in a vocational rehabilitation plan, the Board may establish the amount paid
for transportation separately as part of that plan.
2.1 Worker Bypasses Nearby Health Care Facilities
Workers may choose to bypass adequate health care facilities and travel a further
distance to attend a particular physician, qualified practitioner or other recognized health
care professional of their own choice. Subject to the Board’s authority to direct,
supervise and control treatment, workers may select their own physician, qualified
However, the Board may place limits on the transportation it pays for when a worker
bypasses adequate nearby health care facilities and incurs additional transportation
costs to attend another health care facility because of personal preference. In cases
where the Board determines that travelling a further distance to a health care facility is
not reasonably necessary, the Board only pays for transportation in respect of travel to
the nearest health care facility that the Board considers adequate.
If a worker moves residence to another location while receiving compensation, the

Board will use the worker’s new residence as the point of origin for determining the
worker’s eligibility. In these situations, the Board does not normally pay:
(a) the cost of the move from one place of residence to another as health
care; or
(b) increased transportation costs for a worker to bypass an adequate health

care facility to attend a physician, qualified practitioner or other
recognized health care professional in the worker’s former resident
community simply on the basis of the worker’s personal preference.
If a worker receiving health care benefits moves out of British Columbia, the Board pays
for transportation in accordance with the amounts payable as set out in section 5 of this
policy and on the same basis as if the worker continued to reside in British Columbia.

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3. MODE OF TRANSPORTATION
When evaluating the most appropriate mode of transportation, the Board may consider:
• the nature and extent of the worker’s compensable personal injury,

occupational disease or mental disorder;
• any pre-existing medical and/or psychological conditions;
• the urgency of the health care;
• any potential safety issues with various modes of transportation;
• availability of particular travel modes;
• travel times and distance;
• worker’s travel preference and convenience;
• expected weather and road conditions during travel; and
• cost of the mode of transportation.
Following these considerations, the Board recommends a suitable mode of

transportation that is safe, expedient, practical and cost effective.
Where the Board considers that the worker’s choice of transportation would put the
worker’s safety at risk, the Board may consider the worker to be engaging in an
unsanitary or injurious practice, and therefore reduce or suspend the worker’s
compensation, if the circumstances in Item C10-74.00 are met.
4. MANNER OF PAYMENT
Whenever possible, the Board schedules and pays for transportation directly. A worker
may be required to reimburse the Board for the amounts paid directly if:
(a) the worker either does not attend, or does not attend in part, the health
care in respect of which the transportation was paid or does not use the
pre-arranged mode of transportation; and
(b) the amounts paid directly cannot be refunded or transferred to be used at

another time.

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In these cases, the worker may also be required to reimburse the Board for additional
costs, and any change or cancellation fees associated with the transportation if the
Board determines:
(a) there is no reasonable explanation that would justify the worker’s actions,
such as unexpected illness or compelling personal reasons (e.g. a death
in the family); or
(b) the change or cancellation was due to the worker’s personal choice or
preference, not related to the worker’s compensable or non-compensable
disability.
If it is not possible for the Board to schedule transportation directly or if mileage is paid,
the Board may pay a transportation allowance to the worker in advance of the travel for
the expected transportation costs incurred, up to an amount the Board considers
reasonable. A worker is required to reimburse the Board for the transportation
allowance if:
(a) the worker either does not attend, or does not attend in part, the health
care in respect of which the transportation allowance was paid; and
(b) the allowance cannot be applied towards the transportation at another

time.
The Board may recover the amounts paid:
• for transportation booked directly,
• through the provision of a transportation allowance, and/or
• for change fees, cancellation fees, or additional costs.
The Board may recover the above amounts by treating them as an overpayment and
deducting them from the worker’s compensation, or the worker may reimburse the
Board directly.
If direct booking or payment by way of a travel allowance is not possible, the worker
generally pays transportation costs as they are incurred, and advises the Board of the
amount paid. The Board then calculates the amount of transportation payable and
reimburses the worker for that amount.
5. AMOUNT PAYABLE
If the worker chooses to take a mode of transportation other than the one recommended
by the Board, the Board pays for the more cost effective option, which is usually bus

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fare, together with transportation to and from the bus terminal. In this regard, the Board
may establish a schedule of rates, adjusted periodically. Otherwise, the following
sections set out how the Board determines how much it will pay for transportation for a
worker’s receipt of health care.
5.1 Travel by Air
Where the Board considers travel by air to be the most appropriate mode of
transportation for the worker, the Board pays for transportation equal to the cost of the
airfare, together with the cost of transportation to and from airports.
5.2 Travel by Public Transportation
Where the Board considers travel by public transportation to be the most appropriate
mode of local transportation for the worker, the Board pays for transportation equal to
the actual cost of the public transportation.
Generally, the Board considers travel by public transportation the most appropriate
mode of local transportation where it is available and is a reasonable means of travel for
the journey to be made by the worker.
5.3 Travel by Private Vehicle
Where the Board considers travel by private vehicle to be the most appropriate mode of
transportation for the worker, the Board pays for transportation based on mileage at the
rate set out below:
Amount Per
Date Kilometre
January 1, 2019 – December 31, 2019 44¢

January 1, 2020 – December 31, 2020 45¢
Effective June 30, 2002, the Board adjusts the mileage rate annually on January 1st of
each year using the percentage change in the consumer price index for Canada,
rounded to the nearest cent.

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5.4 Travel by Taxi
Where the Board considers travel by taxi to be the most appropriate mode of
transportation for the worker, the Board pays a transportation amount equal to the
actual cost of taxi fares. The Board may consider travel by taxi reasonably necessary
where, given the nature and extent of the worker’s compensable or pre-existing
personal injury, occupational disease or mental disorder:
(a) no other mode of transportation is appropriate for local travel; or
(b) when travelling to a distant centre for health care, the worker:
(i) requires transportation from the worker’s residence to or from an

airport or commercial bus or ferry terminal; or
(ii) requires transportation while at the distant centre, for example,

between health care facilities or between a health care facility and
the worker’s place of accommodation.
5.5 Parking and Toll Fees
Regardless of whether the Board pays for mileage, the Board pays reasonable parking
charges and toll fees the worker incurs while attending a health care facility, or in
connection with travel to or from a health care facility (including, for example, parking
charges at an airport, ferry terminal or bus terminal). The Board does not pay for
parking violations.

Item C10-83.10, Subsistence Allowances;
Item C11-88.00, Vocational Rehabilitation – Nature and Extent of
Programs and Services;
Item C11-88.90, Vocational Rehabilitation – Relocation;
Policy item #100.00, Reimbursement of Expenses, of the
replaced former policy items #82.00, #82.10, #82.11, #82.20,
Volume II.
June 1, 2009 – Deleted references to Board officer, Review

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Division, and Board officer in Vocational Rehabilitation Services.
March 3, 2003 – Inserted references to the Review Division, the
Workers’ Compensation Appeal Tribunal and section 7 of the
Workers Compensation Act Appeal Regulation.

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RE: Subsistence Allowances ITEM: C10-83.10
BACKGROUND
This policy provides guidance on when the Board pays subsistence allowances as a
health care benefit.
2. The Act
Section 1, in part:
“dependant”
(a) means
(i) a family member of the worker who was wholly or partly

dependent on the worker’s earnings at the time of the
worker’s death, or
(ii) a family member of the worker who, but for the worker’s
incapacity due to the accident or occupational disease,
would have been wholly or partly dependent on the worker’s
earnings,…
...

place of a parent;
...
Section 134(4):
See Item C10-72.00.

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Section 156:
See Item C10-72.00.
Section 202:
(a) a periodic payment of compensation under section 194(1), 195(1)

or 196(1) [compensation for permanent disability] in respect of an
injury, and
(b) a disability benefit under the Canada Pension Plan in respect of the
injury.
(2) Subject to sections 194(2), 195(2) and 198(5) [minimum compensation

payments], the Board must deduct from a periodic payment referred to in
subsection (1)(a), an amount that equals 50% of any disability benefit as
referred to in subsection (1)(b).
Section 233:
(1) In setting the amount of a periodic payment of compensation to a worker,

the Board must consider payments, allowances or benefits that the worker
may receive from the worker’s employer during the period of the worker’s
disability, including a pension, gratuity or other allowance provided wholly
at the expense of the employer.
(2) An amount deducted under this section from the compensation otherwise
payable to a worker may be paid to the worker’s employer out of the
accident fund.
POLICY
1. DEFINITIONS
“Subsistence” generally refers to the means for supporting the basic necessities of life;
such as, accommodation, meals, income loss and dependant care.
As set out in Item C10-72.00, “residence” means the place where a worker lives or
regularly stays. Where the worker has more than one residence, the worker is required
to identify one as the primary residence.

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2. OVERVIEW
The following sections provide guidance on when the Board pays a subsistence
allowance for accommodation, meals, income loss and/or dependant care required as a
result of a worker’s attendance at a Board-approved health care appointment or
program.
Where a worker is required to attend a vocational rehabilitation appointment, other than

as part of a vocational rehabilitation plan, the Board pays subsistence allowances in the
same manner and at the same rates as set out in this policy. Where a worker is
participating in a vocational rehabilitation plan, the Board may establish the amount paid
for subsistence separately as part of that plan.
3. ACCOMMODATION
3.1 Eligibility
Where a worker is required to spend one or more nights away from the worker’s
residence to obtain Board-approved health care for a compensable personal injury,
occupational disease or mental disorder, the Board may pay a subsistence allowance to
cover the cost of accommodation.
In determining whether a worker is required to stay away from the worker’s residence
for one or more nights, the Board considers a number of factors, including:
• the travel times and distance associated with roundtrip travel, as impacted by
carrier schedules (e.g., flight, bus, ferry);
• the anticipated duration of the health care appointment or the health care
program;
• the timing of the health care appointment or the health care program (e.g.
early or late in the day, or over multiple days);
• the worker’s transportation and accommodation preferences;
• the impact of travel on the worker’s compensable disability;
• any potential safety issues with the travel and accommodation;
• any pre-existing medical and/or psychological conditions;
• the expected weather and road conditions during the proposed period of
travel; and

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• the cost effectiveness of roundtrip travel as compared to the cost of

subsistence associated with an overnight stay.
3.2 Amounts Payable
Whenever possible, the Board schedules and pays for accommodation directly. If it is
not possible for the Board to schedule accommodation directly, the Board pays the
worker a subsistence allowance for the actual accommodation costs incurred, up to an
amount that the Board considers reasonable.
The Board may recommend a particular accommodation based on:
• the nature of the worker’s medical condition;
• the medical opinion or other expert professional advice it receives;
• any contracts the Board has entered into with accommodation providers; and
• the proximity of the recommended accommodation to the health care

appointment.
If the worker wishes to stay elsewhere, the Board pays a subsistence allowance equal
to the most cost effective option. Where the worker wishes to stay with a friend or
family member, the Board does not pay a subsistence allowance for accommodation.
In all cases where a worker chooses to stay somewhere other than the recommended
option, any additional transportation costs are paid for by the worker.
Where the Board considers that the worker’s choice or location of accommodation
would put the worker’s safety at risk, the Board may consider the worker to be engaging
in an unsanitary or injurious practice, and therefore reduce or suspend the worker’s
compensation, if the circumstances in Item C10-74.00 are met.
Where accommodation is included in the amount the Board pays for a health care
program, the Board does not pay any additional subsistence allowance for
accommodation.
4. MEALS
4.1 Eligibility
The Board may pay a subsistence allowance to cover the cost of meals where, in
connection with attendance at a Board-approved health care appointment or program,
the worker:

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• travels by air; or
• is required to be away from the worker’s residence for 10 hours or more.
In these cases, the Board may pay a subsistence allowance to cover the cost of those
meals missed due to the worker being away from the worker’s residence over the entire
meal period(s).
For the purposes of this policy, meal periods are defined as follows:
Meal Time Period
Breakfast 6:30 to 8 am
Lunch 12 to 1 pm
Dinner 5 to 6:30 pm
If a worker is eligible for payment for transportation to visit the worker’s residence while
participating in a Board-approved health care program, the worker may also be eligible
for a subsistence allowance for meals during the course of travel to and from the
worker’s residence.
The Board only pays the subsistence allowance for meals during the course of travel if
the worker chooses the Board’s recommended mode of transportation. For example, if
the Board recommends air travel, but the worker chooses to drive, the Board pays the
subsistence allowance for meals based on the meal periods that would have been
missed had the worker travelled by air.
4.2 Amounts Payable
Where the eligibility requirements are met, the Board pays a subsistence allowance for
meals with reference to the full or partial per diem meal allowance rates set out below:
Date Breakfast Lunch Dinner Per Day
January 1, 2019 – December 31, 2019 $13.49 $16.65 $28.64 $58.78
January 1, 2020 – December 31, 2020 $13.74 $16.96 $29.17 $59.87

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Effective June 30, 2002, the Board adjusts the meal allowance rates annually on
January 1st of each year using the percentage change in the consumer price index for
Canada.
Where meals are included in the amount the Board pays to a health care facility, the
Board does not pay any additional subsistence allowances for meals.
5. INCOME LOSS
5.1 Eligibility
Where a worker who is not disabled from working loses time from work to attend Board-
approved health care, and thereby incurs a loss of income, the Board may pay a
subsistence allowance to compensate the worker for that income loss. These situations
involve either:
• a worker who has never been declared disabled as the result of a

compensable personal injury, occupational disease or mental disorder; or
• a worker who has returned to work following a period of compensable

disability, but is still undergoing Board-approved health care.
When evaluating whether to pay a subsistence allowance for income loss and how
much to pay, the Board takes into account whether the income loss is due to the
worker’s personal choice of health care provider. If it involves bypassing a closer health
care provider whom the Board considers adequate, the Board may not pay any, or as
much, subsistence allowance for income loss.
The Board pays a subsistence allowance for income loss where the Board determines it
is unreasonable for the worker to attend health care outside of work hours. Generally,
the Board does not pay a subsistence allowance for income loss if the time loss
incurred is under two hours; however, the Board may pay a subsistence allowance for
income loss if the worker’s aggregate time loss resulting from multiple appointments
results in a significant income loss.
While these payments are not temporary disability wage-loss benefit payments, the
Board applies the provisions of section 134(4) of the Act. As such, the Board does not
pay a subsistence allowance for income loss for losses incurred on the day of the injury.
In situations where the worker is maintained on full salary by the employer and an
entitlement to a subsistence allowance for income loss has arisen, the Board may pay
the subsistence allowance for income loss to the employer under the terms of

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5.2 Amounts Payable
A subsistence allowance for income loss is equal to 90% of the worker’s average net
earnings for the time lost. However, it is subject to the same maximum and minimum
rules that are applicable to temporary total disability wage-loss benefits.
6. TEMPORARY DEPENDANT CARE DURING PERIOD OF DISABILITY
6.1 Eligibility
The Board may cover the cost of temporary dependant care during a period of disability
if the Board determines that:
(a) the costs are incurred by a worker as a result of the worker’s compensable
personal injury, occupational disease or mental disorder;
(b) the costs are over and above dependant care costs the worker normally
incurred prior to the compensable personal injury, occupational disease or
mental disorder; and
(c) no other suitable arrangements can be made with family, friends, or

through the use of community resources.
The types of situations where the Board may pay a subsistence allowance on a
temporary basis to cover dependant care costs include, but are not limited to, situations
where:
(a) the worker requires emergency treatment and must be immediately

transported to a health care facility, thereby leaving dependants
unattended;
(b) the worker is required to attend Board-approved health care; or
(c) the severity of the disability resulting from the worker’s compensable
personal injury, occupational disease or mental disorder temporarily
prevents the worker from being able to personally provide dependant care.
6.2 Amounts Payable
The Board pays a reasonable amount for dependant care as a subsistence allowance to
eligible workers where the costs exceed the costs the worker normally incurred prior to
the compensable personal injury, occupational disease or mental disorder.
The Board pays the additional new costs above any amount the worker paid prior to the
compensable personal injury, occupational disease or mental disorder. The Board does

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not pay additional costs that arise due to factors unrelated to the compensable personal
injury, occupational disease or mental disorder.
When determining the amount to be paid, the Board considers reasonable community
rates for the services provided and provincial government rates for dependant care
subsidies.

CROSS REFERENCES: Policy item #34.20, Minimum Amount of Compensation;
Policy item #68.22, Room and Board;
Policy item #69.00, Maximum Amount of Average Earnings;
Item C10-84.00, Additional Benefits for Severely Injured Workers,
R.S.B.C. 2019, c. 1.
replaced former policy items #83.00, #83.10, #83.13, #83.20,
#84.20 and #84A.00 of the Rehabilitation Services & Claims
Manual, Volume II.
June 1, 2009 – Deleted references to Board officer, Rehabilitation
Centre, Vocational Rehabilitation Services and Board officer in
Vocational Rehabilitation Services.
APPLICATION: This Item applies to health care expenses incurred and health
care provided on or after January 1, 2015.

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RE: Travelling Companions and Visitors ITEM: C10-83.20
BACKGROUND
This policy provides guidance on when the Board pays transportation and/or
subsistence allowances for travelling companions and visitors as a health care benefit.
2. The Act
Section 1, in part:

place of a parent;
...
Section 156:
See Item C10-72.00.
POLICY
1. ELIGIBILITY
1.1 Travelling Companions
A “travelling companion” is a family member or other person with a close personal

attachment to a worker who accompanies a worker on Board-approved travel.
The Board may pay for transportation and/or a subsistence allowance for meals and
accommodation for a travelling companion. In making this determination, the Board
considers factors such as whether:
(a) it is medically necessary for a travelling companion to accompany the

worker (for example, based on the nature of the compensable condition
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and/or the type of health care to be received, the Board determines a

travelling companion is necessary);
(b) the travelling companion is required due to legal reasons (for example, the
worker is a minor and parental consent is required to treat the worker);
and/or
(c) the travelling companion is reasonably necessary for any other situation.
The Board does not pay wage-loss compensation or subsistence allowances for income
loss or temporary dependant care for travelling companions.
1.2 Visitors
A “visitor” is a family member or other person with a close personal attachment to a

worker, who visits a worker while the worker is receiving Board-approved health care.
The Board may pay for transportation and/or a subsistence allowance for meals and
accommodation for a visitor to visit the worker while the worker is receiving health care
in a health care facility away from the worker’s resident community where:
• a worker is participating in a Board-approved health care program that

requires the worker to live elsewhere than the worker’s residence for a period
of six weeks or more. In this case, in lieu of paying for transportation and/or a
subsistence allowance in respect of a visit home, the Board may pay for
transportation and/or a subsistence allowance for a visitor to visit the worker
for up to two nights, once every three weeks; or
• the Board determines that a visitor is reasonably necessary (for example, due
to legal reasons).
The Board does not pay wage-loss compensation or subsistence allowances for income
loss or temporary dependant care for visitors.
2. DURATION
The Board generally pays a subsistence allowance for accommodation for a travelling
companion for one night, where the Board determines that it is not reasonable for the
travelling companion to return home on the same day that the travelling companion
accompanies the worker for the Board-approved health care. The Board may pay a
subsistence allowance for accommodation to a travelling companion for a longer period
to accompany the worker home, where the Board determines that it is medically
necessary for a travelling companion to accompany the worker.

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The Board may pay a subsistence allowance for accommodation for a visitor for one
night. The Board may, where it is considered reasonably necessary, pay for a longer
period in individual cases.
3. AMOUNTS PAYABLE
The Board determines the amount of transportation costs and subsistence allowances
to pay for travelling companions and visitors in the same manner as it does for workers,
as set out in Items C10-83.00 and C10-83.10.

CROSS REFERENCES: Item C10-83.00, Transportation;
Policy item #97.31, Matter Requiring Medical Expertise, of the
HISTORY: October 21, 2020 – Housekeeping amendments to the Act portion
of the Background section.
January 1, 2015 − This policy incorporated concepts from and
replaced former policy items #83.11 and #83.12 of the
June 1, 2009 – Deleted references to Board officer, Rehabilitation
and Compensation Services Division and Compensation Services
Division.

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RE: Date of Injury Transportation ITEM: C10-83.30
BACKGROUND
This policy sets out the circumstances in which employers are responsible for costs
associated with the immediate conveyance and transportation of a worker to a hospital,
physician or qualified practitioner for initial treatment.
2. The Act
Section 159(2):
See Item C10-83.00.
3. Workers Compensation Act, Fishing Industry Regulations
Section 13:
For the purposes of section 159 [employer authority and obligations in

relation to health care] of the Act, the expense of transporting an injured
fisher to a hospital, physician or other qualified practitioner for initial
treatment must be paid by the owner of the vessel on which the fisher is
injured or where the vessel is chartered by the charterer of the vessel on
which the fisher is injured or in default of payment by the vessel owner or
charterer the vessel master.
POLICY
An employer’s obligation to provide an injured worker with immediate conveyance and

transportation arises whether the work injury occurs on the employer’s premises, at
another worksite or wherever the need for initial treatment arises, when the worker is
injured in the course of the worker’s employment.
Immediate conveyance and transportation for initial treatment is necessary whenever

there is a sense that the worker requires immediate or urgent treatment from a hospital,
The employer’s cost of immediate conveyance and transportation may include the cost
of medical equipment required to transport the worker to a health care facility.
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In the event that a physician or qualified practitioner travels to the worker to provide
initial treatment, the employer is responsible for any charge with respect to
transportation.

AUTHORITY: Section 159 of the Act;
Section 13 of the Fishing Industry Regulations, B.C. Reg. 674/76.
Former policy item #82.40 was amended effective March 18, 2003
to remove the reference to Workers’ Compensation Reporter
Decision No. 223, re: The Fishing Industry, as a consequential
amendment of the Decision’s retirement from policy status, which
came into effect on January 1, 2003.
March 18, 2003 – Deleted reference to the Workers’
Compensation Reporter Decision No. 223.

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RE: Additional Benefits for Severely Disabled ITEM: C10-84.00

Workers
BACKGROUND
This policy sets out the additional benefits that may be available to severely disabled
workers.
2. The Act

compensation.
...
Section 156:
See Item C10-72.00.
Section 157:
See Item C10-73.00.
Section 162:
(1) If a worker has a permanent total disability, the Board must, within the 3-
month period before a retirement benefit under section 206 [retirement
benefit for workers with permanent disability] is payable to the worker,
evaluate the worker’s need or continued need for services and personal
supports under this Division [Division 4 of Part 4 of the Act – Vocational
Rehabilitation, Health Care and Other Assistance].

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(2) After the evaluation under subsection (1) is completed, the Board must
take all actions necessary to provide to the worker, for the worker’s life,
the services and personal supports under this Division that the Board
considers necessary.
(3) This section does not limit the powers of the Board to otherwise provide
services and personal supports to workers at any time under this Division.
POLICY
1. DEFINITIONS
The following terms are used throughout this policy.
As set out in Item C10-72.00, “activities of daily living” are basic activities that are
performed by individuals on a daily basis for self-care. Examples include, but are not
limited to: ambulating (e.g. walking), transferring (e.g. getting from bed to chair and
back), feeding, dressing, personal hygiene (e.g. bathing, grooming, bladder and bowel
care), and taking medication.
An “informal caregiver” is a family member or friend who assists a severely disabled

worker at home with the worker’s care and activities of daily living.
As set out in Item C10-72.00, “instrumental activities of daily living” are activities related
to independent living. Examples include, but are not limited to: using a telephone,
preparing meals, performing housework, shopping for groceries or personal items,
managing medication, managing money, using public transportation, and maintaining
and/or driving a car.
2. OBJECTIVE
The Board may pay for various additional health care benefits and vocational
rehabilitation benefits and services to severely disabled workers. These are designed
to alleviate the effects of the compensable personal injury, occupational disease or
mental disorder and to assist in achieving physical, psychological, economic, social and
vocational rehabilitation. The Board’s goal is to assist severely disabled workers to
reintegrate into the workplace, community and/or family environment.
3. ELIGIBILITY
For the purposes of this policy, a worker is considered to be a severely disabled worker
if the worker has a work-related permanent disability that severely impacts mobility or
function. The Board measures the level of disability by using the method of assessment

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under section 195(1) of the Act. As a general rule, the level of disability will be equal to
or greater than 75% of total disability.
The Board may provide additional benefits and services to severely disabled workers at
its discretion, and determines the worker’s eligibility based on the merits of each case.
The Board may review and adjust the worker’s entitlement for these benefits and
services:
• on a periodic basis; and
• when the Board determines that the nature and extent of the worker’s
circumstances or disability warrant a change in benefits.
In assessing a worker’s eligibility for a specific benefit or service under this policy, the
Board may consider:
• the type, severity and duration of the worker’s disability;
• up-to-date scientific evidence and evidence-based guidelines of professional

health organizations on the effectiveness of the proposed benefit or service;
• medical opinion or other expert professional advice from Board-approved

health care providers;
• standards developed by the Board to ensure quality health care is provided to

workers;
• the financial implications of the proposed benefit or service; and
• alternative benefits or services that may be considered more appropriate to

address the impact of the worker’s compensable disability or functional
needs.
This list is by no means exhaustive, and relevant factors not listed in policy may also be
considered.
Where a worker has a work-related severe temporary disability, or a work-related

permanent disability of less than 75% total disability, the Board may consider
entitlement to one or more benefits or services set out in this policy, in situations such
as if:
• the worker has a pre-existing compensable or non-compensable condition

that, when combined with the compensable disability, severely impacts the
worker’s mobility and function;

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• the compensable disability severely impacts the worker’s mobility and

function and the worker, due to the worker’s personal or family situation, is
unable to obtain assistance from an informal caregiver; or
• the compensable disability severely impacts the worker’s mobility and

function and the worker is not within geographical proximity to community
health care services.
4. ADDITIONAL BENEFITS AND SERVICES FOR SEVERELY DISABLED

WORKERS
Set out in the following sections are additional benefits and services that may be
available to severely disabled workers.
4.1 Personal Care Expenses and Allowances
The Board takes the steps that it deems appropriate in order to assist severely disabled
workers with their activities of daily living. The Board normally does this by paying
actual personal care expenses or flat-rate personal care allowances.
4.1.1 Personal Care Expenses
The Board may pay personal care expenses when a severely disabled worker requires
extensive or specialized personal care to assist with the worker’s activities of daily
living. The personal care in these situations is provided by a person who is employed
with an agency or facility registered to provide health care services to a severely
disabled worker. Based on the level of assistance needed by the worker, the personal
care may be provided in a health care facility or in the worker’s home.
The Board pays the worker’s actual personal care expenses directly to the facility or
agency providing the care.
4.1.2 Personal Care Allowances
The Board may pay a flat-rate personal care allowance where a worker requires
assistance with activities of daily living, which may be provided by an informal caregiver.
The Board pays the worker’s personal care allowance directly to the worker, not to the
informal caregiver. The Board may supplement a personal care allowance by paying
some personal care expenses where a worker needs additional personal care.
The Board suspends payment of the personal care allowance if a worker, who is in
receipt of the allowance, requires care in a health care facility for more than
14 consecutive calendar days. The Board reinstates payment of the personal care
allowance when the worker returns home and the informal caregiver resumes providing
the worker’s care.

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4.1.3 Categories of Personal Care Allowances
There are five categories of disability for which the Board considers paying personal
care allowances:
Category 1: The worker requires minimal assistance with activities of daily living. For
example, the worker has restricted mobility and needs some assistance with
transferring, and/or requires some daily supervision to perform activities of daily living
due to cognitive impairment and/or safety issues caused by the compensable disability.
The worker, however, can feed, groom and clothe themselves.
Examples of compensable disabilities that might entitle a worker to a Category 1

personal care allowance include, but are not limited to:
• moderate brain injury,

• blindness or near blindness,
• multiple amputations at the wrist or ankle,
• aphasia, and
• hemiplegia.
Category 2: The worker has restricted mobility and requires assistance with regard to
bowel or bladder malfunction. The worker can feed, clothe and wash themselves but
needs assistance in other aspects of personal care and activities of daily living.
An example of a compensable disability that might entitle a worker to a Category 2

personal care allowance is paraplegia with bowel and bladder functions impaired.
Category 3: The worker requires moderate assistance with activities of daily living.
The worker requires assistance with feeding, cleansing, grooming, and dressing.

• severe head injury resulting in brain damage to the extent that the worker is
not bedridden, but is dependent upon assistance and ongoing care; and
• quadriplegia.
Category 4: The worker is almost totally immobile and requires extensive assistance in
all activities of daily living.

• high lesion quadriplegia; and

• severe head injuries.

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Category 5: The worker is totally immobile and requires extensive assistance in all
activities of daily living.
Examples of disabilities that might entitle a worker to a Category 5 personal care

allowance include, but are not limited to:
• high lesion quadriplegia with ventilator dependency;

• disabilities requiring palliative care in the home;
• severe head injuries that require constant attendance and care; and
• a combination of quadriplegia and head injury.
4.1.4 Personal Care Allowance Payable at Each Category
The Board pays each category of personal care allowance as set out below:
Category 1 Category 2 Category 3 Category 4 Category 5

January 1, 2019 –
December 31, 2019
Daily Amount $18.12 $30.87 $45.93 $59.47 $73.34
Monthly Amount $545.53 $954.39 $1,378.52 $1,787.39 $2,196.80
January 1, 2020 –
December 31, 2020
Daily Amount $18.46 $31.45 $46.79 $60.58 $74.71
Monthly Amount $555.70 $972.18 $1,404.22 $1,820.71 $2,237.75
Effective June 30, 2002, the Board adjusts personal care allowances annually on
January 1st of each year, using the percentage change in the consumer price index for
Canada.
4.2 Respite Care
Severely disabled workers in receipt of a personal care allowance may qualify for
respite care.
“Respite care” is short-term, temporary care provided to a severely disabled worker to

relieve the worker’s informal caregiver from providing the worker with care and
assistance with the worker’s activities of daily living. Respite care is provided by an
agency or in a facility registered to provide health care services to severely disabled
workers.

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The Board arranges for the respite care and makes payments directly to the agency or
facility providing the care. The worker’s personal care allowance is not suspended
where the duration of the respite care is for a period of up to 14 consecutive days once
each calendar year.
4.3 Major Home and Vehicle Modifications
In order to promote the mobility, accessibility, safety and self-sufficiency of severely

disabled workers, the Board may provide major home and vehicle modifications as
discussed below. When providing major home and vehicle modifications to severely
disabled workers, the Board also applies the policy in Item C10-81.00.
Direction by the Board and/or prior Board approval is required for any home or vehicle
modifications, and any unauthorized modifications or upgrades may be at the worker’s
own expense.
Set out in the following sub-sections are details of the types of major modifications that
may be available to severely disabled workers.
4.3.1 Major Home Modifications
Major home modifications may include, but are not limited to the following:
• kitchen and bathroom renovations;
• widening doorways to accommodate a wheelchair; or
• purchasing and installing equipment such as an elevator, stair glide or other

lift device.
Major home modifications that the Board does not provide include, but are not limited to,
building recreational areas, workshops or exercise rooms.
The Board pays for major home modifications:
• on the worker’s primary residence; and
• on a one-time only basis.
The Board may make exceptions according to the worker’s individual circumstances.
The worker is responsible for any repair and/or maintenance costs of major home
modifications that result from deliberate misuse or abuse by the worker.

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If the Board determines that the worker’s current home is not structurally suitable for
major modification, the Board may contribute an amount of money towards the cost of
purchasing a more accessible home. The Board’s contribution is an amount up to but
not exceeding the actual cost of approved modifications to the worker’s current home.
This decision does not prohibit the Board from then modifying the new home. The
Board makes a separate decision regarding entitlement to modifications to the new
home.
4.3.2 Major Vehicle Modifications
Major vehicle modifications may include, but are not limited to, such things as providing
wheelchair access to a vehicle by installing a van lift or power door opener, or
converting a manual vehicle to an automatic.
Where the Board determines that the worker does not own a vehicle that is appropriate
for the required modification or if it would be more cost effective to purchase a vehicle,
the Board may enter into an agreement with the worker regarding purchase of a vehicle
that is more appropriate for the required modification. In these cases, the worker would
contribute the value of their current vehicle and the Board would contribute an amount
up to but not exceeding the difference between the worker’s contribution and the cost of
the new vehicle.
Major vehicle modifications that the Board does not pay for include, but are not limited
to, optional upgrades that the Board does not consider reasonably necessary to
alleviate the effects of the compensable personal injury or occupational disease.
The Board generally only pays for major vehicle modifications when the worker is
licensed, qualified to drive, and owns, rather than leases, the vehicle. This may include
situations where the worker was licensed and owned a vehicle but, due to the nature
and extent of the worker’s compensable disability, the worker is now transported in the
vehicle by another licensed driver.
The Board may pay for subsequent major vehicle modifications based on the Board’s
assessment of the worker’s need for the vehicle modification. In making this
determination, the Board considers the factors regarding the appropriateness of a
vehicle modification as set out in Item C10-81.00. The Board only pays for major
vehicle modifications to one vehicle at a time.
The Board pays for the repair and replacement of major vehicle modifications paid for
by the Board when there is a demonstrated deficiency or deterioration in the
modification so that it no longer meets the worker’s needs, cannot be cost effectively
repaired, or jeopardizes the worker’s or others’ safety.
The worker is responsible for any repair and/or maintenance costs of major vehicle
modifications that result from deliberate misuse or abuse by the worker.

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When the vehicle is no longer roadworthy, but the modification is still in good working
order, the Board may pay the costs associated with moving the modification to a new
vehicle. The Board determines whether to contribute an amount toward the purchase of
the new vehicle in accordance with the following section.
4.4 Vehicle Purchase
The Board may purchase or replace a vehicle for a worker where the worker does not
own a vehicle that is appropriate for modification and:
• is only able to use a power wheelchair;
• uses a manual wheelchair, but medical evidence indicates that the worker,
due to an injury with upper-limb involvement or other causes resulting in a
similar level of functioning, is unable to self-transfer from the wheelchair into
the vehicle; or
• is a severely brain-injured worker with a level of disability equivalent to the

level of function of a worker with an upper-limb involvement injury.
The Board determines the type of vehicle to purchase based on the worker’s level of
function.
A new vehicle is generally expected to remain roadworthy for at least 10 years. If the
worker requests a new vehicle before 10 years on the basis that the current one is not
roadworthy, the Board evaluates the request on a case-by-case basis.
The Board only pays to replace a worker’s vehicle if there is a demonstrated deficiency
or deterioration in the vehicle so that it no longer meets the worker’s needs, cannot be
cost-effectively repaired, and/or jeopardizes the worker’s or others’ safety. Exceptional
circumstances are considered (for example, manufacturer’s defects, mileage, etc.). If
the worker cannot produce regular maintenance records, the Board may pro-rate the
replacement vehicle costs between the worker and the Board. In those cases where
the Board pays for a replacement vehicle, the Board may take responsibility for disposal
of the existing vehicle.
The worker is responsible for:
• the cost of general maintenance and repair expenses for Board-purchased

vehicles, such as oil changes and emission testing, as these types of
expenses would be incurred by any vehicle owner; and
• ensuring that the Board-purchased vehicle is appropriately insured for both

basic and any necessary optional coverage. The Board does not pay these
insurance premiums.

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The Board sets these and other terms and conditions at the time the vehicle is
purchased for the worker.
The Board may pay for the maintenance and/or repair of vehicle modifications made to
the Board-purchased vehicle, which are specifically required due to the worker’s
compensable personal injury or occupational disease.
The worker is responsible for any repair and/or maintenance costs of vehicle
modifications made to the Board-purchased vehicle that result from deliberate misuse or
abuse by the worker.
4.5 Independence and Home Maintenance Allowance
In order to assist severely disabled workers with their instrumental activities of daily
living and maintaining their primary residence, the Board may pay an independence and
home maintenance allowance, over and above any personal care allowance or
expenses, temporary disability wage-loss benefits, or permanent disability benefits.
This allowance is intended for services or items such as, but not limited to, the following:
• assistance with shopping for groceries or personal items;
• housecleaning services;
• using a taxi service where the worker is unable to maintain/drive a personal

vehicle or take public transportation;
• gutter cleaning;
• tradespersons to perform general home maintenance or repairs;
• snow-removal or lawn and yard maintenance service; and
• delivery of wood to wood-heated homes.
In determining whether to provide an independence and home maintenance allowance,

the Board considers the following:
• whether the worker has demonstrated an inability to perform instrumental

activities of daily living due to the compensable disability and therefore
requires assistance with those tasks;
• whether the worker has demonstrated an inability to perform home

maintenance activities that most other workers would have the physical
capacity to do on their own; and

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• whether the worker lives in and maintains the worker’s primary residence.
A worker who does not live in and/or maintain a primary residence, but owns another
form of accommodation may be eligible for the allowance if the Board determines that
the worker would have contributed to its maintenance had the disability not occurred.
In addition, a worker who lives in a health care facility, but whose spouse and/or
child(ren) continue to live in the family home, may be eligible for the allowance if the
Board determines that the spouse and/or child(ren) are responsible for the maintenance
activities covered by the allowance.
Where the worker has a pre-existing disability that is non-compensable, the

compensable disability must be at least half the worker’s combined total disability, and
be a significant factor in the worker’s inability to do the activities covered by the
allowance.
A worker’s eligibility for the independence and home maintenance allowance

commences as of the date the Board determines the worker has an inability to perform
instrumental activities of daily living and/or perform home maintenance activities that
most other workers would have the physical capacity to do on their own. This includes
the date the worker begins living in a health care facility where the worker’s spouse
and/or child(ren) continue to live in the family home.
A worker’s eligibility for the independence and home maintenance allowance terminates
upon the death of the worker, when the worker requires long-term care in a health care
facility, or when the Board determines the worker is actually able to perform
instrumental activities of daily living and/or the home maintenance activities that most
other workers would have the physical capacity to do on their own.
If the worker lives in a health care facility and the Board is providing the home
maintenance allowance for the spouse or child(ren) living in the family home, the Board
stops paying the allowance at the earliest of:
• the spouse and/or child(ren) no longer living in the family home;
• the spouse and/or child(ren) living in the family home but no longer being
responsible for the maintenance activities covered by the allowance; or
• the death of the worker.
The Board adjusts the independence and home maintenance allowance annually on
January 1st of each year, using the percentage change in the consumer price index for
Canada.

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The amount of the independence and home maintenance allowance is set out below:
Monthly
Date
Amount
January 1, 2019 – December 31, 2019 $319.55
January 1, 2020 – December 31, 2020 $325.51
4.6 Extensions of Health Care Treatments and Services for Severely Disabled
Workers
The Board applies the policy in Items C10-76.00 and C10-77.00, in determining a
severely disabled worker’s general entitlement to the services of a physician, qualified
The Board may consider it reasonable to provide routine or long-term health care to
severely disabled workers, based upon the nature and extent of their compensable
personal injury or occupational disease. For example, the Board may pay for
physiotherapy treatments beyond the limits set out in policy.
In extending the duration of health care, the Board considers the medical evidence that
the health care will provide functional, preventative, or pain management benefits.
The Board may consider it reasonable to pay for treatment by more than one other
recognized health care professional at a time (for example, treatment by a
physiotherapist and a massage therapist), if both types of treatment are expected to
lessen the impact of the worker’s compensable personal injury or occupational disease.
4.7 Palliative Care Benefit
The Board, in consultation with the worker’s physician, determines a worker’s eligibility
for a palliative care benefit. Generally the Board gives consideration to a worker for the
palliative care benefit where the worker:
• has been diagnosed with a compensable injury or occupational disease;
• has a life expectancy of less than six months due to the compensable injury
or occupational disease;
• is at or below 50% on the Palliative Performance Scale; and

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• consents to the focus of care for the compensable injury or occupational

disease being palliative rather than treatment aimed at cure.
Examples of items or treatments the Board may pay for as a palliative care benefit
include, but are not limited to, homeopathic medicines, dietary supplements, non-
prescription items and non-standard or experimental services. The Board provides
these items or treatments at its discretion and pays the actual costs for them. When
considering whether to pay for a specific item or treatment as a palliative care benefit,
the Board gives consideration to whether the item or treatment:
• places the worker at greater risk than the effects of the compensable injury or
occupational disease due to adverse side effects; and
• may be provided legally in Canada and is available from an accredited

source.

Policy item #49.10, Worker Receiving Custodial Care in Hospital;
Policy item #49.11, Meaning of Custodial Care in Hospital or
Elsewhere in Section 231(2);
Temporary Disability;
Permanent Disability;
Policy item #49.15, Application of Section 231(2) on a Change of
Circumstances;
Chapter 8 – Compensation on the Death of a Worker;
Item C10-81.00, Home and Vehicle Modifications;
Item C10-82.00, Clothing Allowances;
Item C10-83.00, Transportation;
Item C10-83.20, Traveling Companions and Visitors;
Chapter 11 – Vocational Rehabilitation, of the Rehabilitation
HISTORY: October 21, 2020 – Housekeeping amendments to ensure
consistent terminology.

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January 1, 2015 – This policy consolidated and replaced former
policy items #80.00, #80.10, #80.20, and #81.00, and incorporated
concepts from former policy items #80.30 and #80.40 of the
APPLICATION: This item applies to health care expenses incurred and health care

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RE: Vocational Rehabilitation − ITEM: C11-85.00

Principles and Goals
BACKGROUND
This policy sets out the principles and goals of vocational rehabilitation.
2. The Act
Section 155:

compensation.

Compensation to Injured Workers] as the result of the death of a worker,
the Board may make provisions and expenditures for the training or
retraining of a dependent spouse, regardless of the date of death.
Section 162:
benefits for workers with permanent disability] is payable to the worker,
supports under this Division [Division 4 of Part 4 – Vocational

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(3) This section does not limit the powers of the Board to otherwise provide
POLICY
Quality Rehabilitation
The mission of the Board with respect to vocational rehabilitation services is to provide
quality interventions and services to assist workers in achieving early and safe return to
work and other appropriate rehabilitation outcomes. Quality rehabilitation requires
individualized vocational assessment, planning, and support provided through timely
intervention and collaborative relationships to maximize the effectiveness of
rehabilitation resources and worker-employer outcomes.
The Board is committed to timely intervention to assist workers and employers in

achieving successful return to work outcomes. The Board recognizes that early return
to safe and durable work plays an important role in workers’ recovery while helping
maintain workers’ dignity and productivity.
Principles of Vocational Rehabilitation
The guiding principles of quality vocational rehabilitation are:
1. Vocational rehabilitation should be initiated without delay and proceed in

conjunction with medical treatment and physical rehabilitation to restore
the worker’s capabilities as soon as possible.
2. Reasonably necessary vocational rehabilitation assistance will be

provided to overcome the immediate and long-term vocational impact of
the compensable injury, occupational disease or fatality.
3. Successful vocational rehabilitation requires that workers be motivated to

take an active interest and initiative in their own rehabilitation. Vocational
programs and services should, therefore, be offered and sustained in
direct response to the commitment and determination of workers to re-
establish themselves.
4. Maximum success in vocational rehabilitation requires that different

approaches be used in response to the unique needs of each individual.
5. Vocational rehabilitation is a collaborative process, which requires the

involvement and commitment of all concerned participants.

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6. Effective vocational rehabilitation recognizes, within reason, workers’
personal preferences and their accountability for independent vocational
choices and outcomes.
7. The gravity of the injury and residual disability is a relevant factor in

determining the nature and extent of the vocational rehabilitation
assistance provided. The Board should go to greater lengths in cases
where the disability is serious than in cases where it is minor, including
measures to assist workers to maintain useful and satisfying lives.
8. Where the worker has a compensable injury or disease together with

some other impediment to returning to work, rehabilitation assistance may
sometimes be needed and provided to address the combined problems.
Rehabilitation assistance should not be initiated or continued when the
primary obstacle to a return to work is non-compensable.
9. Vocational rehabilitation services should be provided in a cost-effective

manner.
Goals
The objective of vocational programs and services is timely return to safe and durable
work.
The goals of vocational rehabilitation are:
1. For workers with a temporary total disability, the goal is to assist injured
workers in expediting recovery and return to work with the pre-injury
employer. As these workers are considered unable to perform their pre-
injury employment due to the disability, the goal is to return a worker to
work with the pre-injury employer in a selective/light employment, a
graduated return to work, or a modified return to work, arrangement.
2. For workers with a temporary partial disability, the goal is to assist injured
workers in their efforts to return to work in a suitable occupation and
maximize short-term earning capacity up to the pre-injury wage rate. This
goal reflects the wording of section 192 of the Act, which refers to a
consideration of what a worker is earning, or is capable of earning in a
suitable occupation.
3. For workers entitled to permanent partial disability benefits, the goal is to

assist injured workers in their efforts to return to work in a suitable
occupation and maximize long-term earning capacity up to the pre-injury
wage rate.

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4. For workers entitled to permanent total disability benefits, the goal is to
assist in improving quality of life and minimizing the impact of the
disability.
5. For dependent spouses, the goal is to provide counselling and vocational

assistance to overcome the impact of the fatality.
6. For other dependants of deceased workers, the goal is to provide

counselling and placement services to overcome the impact of the fatality.
In all cases, the goal is to provide reassurances, encouragement and counselling to

help those entitled to compensation to maintain a positive outlook and remain motivated
toward future economic and social capability.
Services Provided
These goals are met by providing the following services to its clients:
• counselling;
• vocational assessment and planning;
• job readiness/skill development;
• placement assistance;
• residual employability assessment; and
• evaluation of a worker’s need or continued need for rehabilitation and health
care services and supports, where a worker’s permanent total disability will
continue past retirement age.

CROSS REFERENCES: Sections 190, 191, 192, 194, 195, and 196 of the Act;
Item C11-91.00, Vocational Rehabilitation – Vocational Assistance for
Dependent Spouses and Dependants of Deceased Workers;
Item C18-116.30, Retirement Benefits – Retirement Services and
Personal Supports, of the Rehabilitation Services & Claims Manual,
Volume II.
February 1, 2020 – Policy amended to add statements related to VR
principles and goals.
September 1, 2015 – Policy amended to ensure consistent treatment of
workers with permanent partial disability compensation under
sections 195 and 196 of the Act.

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June 1, 2009 – Deleted references to Vocational Rehabilitation Services.
November 1, 2002 – Policy changed to set out the mission, principles
and goals of Vocational Rehabilitation Services. Replaced policy items
#85.00 to #85.60, of the Rehabilitation Services & Claims Manual,
Volume II. Applies to decisions made on or after November 1, 2002 on
claims adjudicated under the Workers Compensation Act, R.S.B.C.
1996, c. 492, as amended by the Workers Compensation Amendment
Act, 2002.
APPLICATION: This Item applies on or after February 1, 2020.

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Eligibility Criteria
BACKGROUND
This policy sets out eligibility criteria for vocational rehabilitation services.
2. The Act
Section 155(1):
To aid in getting an injured worker back to work or to assist in lessening or

removing a resulting disability, the Board may take the measures and make the
expenditures that the Board considers necessary or expedient, regardless of the
date on which the worker first became entitled to compensation.
Section 190:
Compensation under this Division [Division 6 of Part 4 of the Act –

Compensation for Worker Disability] is subject to the following provisions:
(a) section 230 [manner of compensation payment: periodic or

lump sum];
(b) section 231 [payment of compensation in specific circumstances];
(c) section 232 [Board authority to discontinue or suspend payments];
(d) section 233 [deduction in relation to payments from employer].
… if a temporary total disability results from a worker’s injury, the Board must pay
the worker compensation that is a periodic payment of an amount that equals
90% of the worker’s average net earnings.

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… if a temporary partial disability results from a worker’s injury, the Board must
pay the worker compensation that is a periodic payment of an amount that
equals 90% of the difference between
(b) whichever of the following amounts the Board considers better

represents the worker’s loss of earnings:
(i) the average net earnings that the worker is earning after the
injury;
worker is capable of earning in a suitable occupation after
the injury.
… if a permanent total disability results from a worker’s injury, the Board

must pay the worker compensation that is a periodic payment of an amount
that equals 90% of the worker’s average net earnings.
Section 195(1):
Subject to section 196, if a permanent partial disability results from a worker’s

injury, the Board must

Section 196:
(1) This section applies in relation to a permanent partial disability if the Board
determines that the combined effect of

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is so exceptional that an amount determined under section 195 does not

appropriately compensate the worker for the injury.
(2) In making a determination under subsection (1), the Board must consider
the ability of the worker to continue in the worker’s occupation at the time
of the injury or to adapt to another suitable occupation.
(3) If the Board makes a determination under subsection (1), the Board may

injury;
the injury.
POLICY
Eligibility
Rehabilitation assistance may be provided in cases where it appears to the Board that
such assistance may be of value, and where a decision has been made that the injury,
occupational disease or death is compensable.
Eligibility for vocational rehabilitation services will be determined in relation to the

entitlement provisions of the Act as follows:
Temporary total disability
Vocational rehabilitation services are usually not provided to a worker with a

temporary total disability, as the worker’s medical condition often precludes the
necessity of vocational rehabilitation initiatives. Limited vocational rehabilitation
services may be considered where the Board determines that such services will
assist in the worker’s recovery or in making selective/light employment
arrangements.

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Temporary partial disability
Vocational rehabilitation services may be made available to a worker who is no

longer considered to be “totally” disabled from working in the pre-injury
occupation. The worker is considered capable of returning to a suitable
occupation but may require vocational rehabilitation assistance to maximize
short-term earning capacity up to the pre-injury wage rate.
Eligibility arises where:
• the compensable condition necessitates vocational rehabilitation assistance

in early and safe return to work in the pre-injury occupation or a suitable
occupation available over the short term;
• the compensable condition is complicated by non-compensable factors, the

combination of which creates an impediment to return to work over the short
term, necessitating assistance in an early and safe return to the pre-injury
occupation or a suitable occupation;
• the pre-injury job is no longer available due to the injury and the worker
requires assistance to return to work in a suitable occupation.
Permanent partial disability (section 195)
Vocational rehabilitation services may be provided where a worker’s temporary

disability has ceased and the worker’s medical condition has stabilized. Workers
receiving permanent disability benefits under section 195 are generally able to
return to their pre-injury occupation or another suitable occupation but may need
assistance in their return to the workforce.
Eligibility arises where:
• the compensable condition necessitates vocational rehabilitation to assist the

worker in the worker’s efforts to return to the pre-injury occupation;
• the compensable condition is complicated by non-compensable factors, the

combination of which creates an impediment to return to work, necessitating
assistance in the worker’s efforts to return to the pre-injury occupation or
another suitable occupation;
• the pre-injury job is no longer available due to the injury and the worker
requires assistance to return to another suitable occupation.

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Permanent partial disability (section 196)
Vocational rehabilitation services may be provided to a worker who is entitled to

a section 196(3) assessment for permanent partial disability and the worker
requires assistance in the worker’s efforts to return to the workforce in another
suitable occupation and maximize long-term earning capacity up to the pre-injury
wage rate.
Permanent Total Disability
Vocational rehabilitation services will be provided to a worker with a permanent

total disability where the worker needs assistance in improving the worker’s
quality of life. It may include evaluation of a worker’s need or continued need for
rehabilitation and health care services and supports, where a worker’s
permanent total disability will continue past retirement age.
Non-Compensable Problems
Where a worker has a compensable injury or disease together with some other
impediment to a return to work (e.g. substance abuse), rehabilitation assistance may
sometimes be needed and provided to address the combined problems.
Rehabilitation assistance should not be provided when the primary obstacle to a return
to work is non-compensable.
Third-Party Claims
In the case of third-party claims, where a worker has a right of election, a worker is not
eligible for rehabilitation assistance until the worker has elected to claim compensation
with the Board.
Continuation of Assistance
In cases where the severity of an injury warrants immediate referral, intervention may
precede the formal acceptance of the claim. Where this occurs, no substantial
expenditures are initiated prior to acceptance of the claim. Should the claim be denied,
any vocational rehabilitation assistance already being provided will terminate within
15 days unless a request for a review by the Review Division has been filed. In such
cases, assistance may be continued pending disposition of the review.
Once a decision has been made that an injury or disease is compensable, there is no
requirement that vocational rehabilitation assistance end at the same time payment of
wage-loss benefits is concluded. The worker may no longer be eligible for wage-loss
benefits, but vocational rehabilitation assistance may still be required and, where
necessary, should be provided.
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AUTHORITY: Sections 155, 190, 191, 192, 194, 195, 196, and 270(3) of the Act.
CROSS REFERENCES: Policy item #34.11, Selective/Light Employment;
Item C11-86.10, Vocational Rehabilitation − Referral Guidelines;
Policy item #111.20, Injury Not Caused by Worker or Employer;
Item C18-116.30, Retirement Benefits − Retirement Services and
Volume II.
June 1, 2009 – Deleted reference to Board officer in Vocational
Rehabilitation Services.
March 3, 2003 − The policy in this Item was amended to remove the
reference to appeal and include a reference to review, consequential to
the Workers Compensation Amendment Act (No.2), 2002.
November 1, 2002 − Replaces policy items #86.00, #86.20, #86.40 and

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Referral Guidelines
BACKGROUND
This policy sets out referral guidelines for vocational rehabilitation services.
2. The Act
Section 155(1):

POLICY
Referral Guidelines
The following guidelines are used in making referrals for vocational rehabilitation
services. Internal Board referrals should clearly identify what has been accepted under
the claim and specify reasons for the referral, including new information warranting
repeat referral.
Workers may also be referred directly by physicians, hospitals, union representatives,

employers and other agencies, or may seek assistance themselves.
Immediate Referrals
The following require immediate referral:
1. Spinal cord injuries resulting in paraplegia or quadriplegia.
2. Major extremity amputations or severe crush injuries.

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3. Severe brain or brain stem injuries.
4. Significant burns (e.g. 20% of the body surface, or third-degree burns of

10% or more of the body surface).
5. Significant loss of vision.
6. Fatalities.
General Referrals
1. Claims meeting the eligibility criteria.
2. Employability assessments for the consideration of temporary partial

disability benefits under section 192 of the Act.
3. Employability assessments for the consideration of permanent partial

disability under section 196.
4. Consideration for continuity of income benefits.
5. Commutation investigations.
6. Reviews under section 203.
7. Evaluation of a permanently totally disabled worker’s need or continued

need for rehabilitation services, health care services, and personal
supports in the three month period prior to the receipt of a retirement
benefit.
8. Claims where recovery or re-employment is affected by:
(a) psychological/social problems;

(b) emotional problems;
(c) financial stress;
(d) substance abuse; and
(e) vision/hearing problems.
Out of Province Referrals
Rehabilitation services requested of, or by, other Canadian Boards and Commissions
are coordinated through reciprocal inter-jurisdictional agreement.

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CROSS REFERENCES: Sections 156, 157, 162, 190, 192, 194, 195, 196, and 203 of the Act; and
Policy item #35.11, Procedure for Determining Whether Worker is
Temporary Partially Disabled;
Policy item #40.10, Section 196(3) Assessment Formula;
Policy #40.12, Suitable Occupation;
Policy item #45.50, Decision-Making Procedures;
Policy item #46.00, Reconsideration of Prescribed Compensation Claims
under Section 203;
Item C10-83.10, Subsistence Allowances (Section 6 Temporary
Dependant Care During Period of Disability);
Item C10-84.00, Additional Benefits for Severely Disabled Workers
(Section 4.1 Personal Care Expenses or Allowances);
Item C10-84.00, Additional Benefits for Severely Disabled Workers
(Section 4.5 Independence and Home Maintenance Allowance);
Item C11-86.00, Vocational Rehabilitation – Eligibility Criteria;
Item C11-89.00, Vocational Rehabilitation – Employability Assessments
– Temporary Partial Disability and Permanent Partial Disability;
Item C18-116.30, Retirement Benefits – Retirement Services and
Volume II.
September 1, 2015 – Policy revisions to remove referrals addressed
elsewhere in policy.
March 3, 2003 – Policy was amended to remove the reference to a
review of then section 23(3) permanent partial disability award,
consequential to the Workers Compensation Amendment Act
(No. 2), 2002.
November 1, 2002 – Clarification of guidelines for immediate and general
vocational rehabilitation referrals. Replaced policy items, #86.10,
#86.11, #86.12, #86.50, #86.60, and #86.80 of the Rehabilitation
Services & Claims Manual, Volume II. Applied to decisions made on or
after November 1, 2002 on claims adjudicated under the Workers
Compensation Act, R.S.B.C. 1996, c. 492, as amended by the Workers
Compensation Amendment Act, 2002.
APPLICATION: This Item applies to all decisions made on or after September 1, 2015.

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Process
BACKGROUND
This policy sets out the vocational rehabilitation process.
2. The Act
Section 155(1):

POLICY
The vocational rehabilitation process addresses the individual needs and

circumstances of each worker.
Consultative Process
The Board functions as a catalyst, coordinator, initiator and expediter of all the
disciplines involved in helping a worker to overcome the effects of a compensable
injury/occupational disease. This demands a team approach, which involves the injured
worker, the Board, medical practitioners, employers, union representatives, other
agencies and members of the worker’s family.
The rehabilitation process emphasizes ongoing consultation with the worker, the
employer and, where applicable, the union, in order to maximize and maintain all
opportunities for suitable re-employment.
The consultative process is guided by the Board in response to the worker’s

determination for vocational success.
While it is up to the Board to assess workers’ needs and appropriate levels of

rehabilitation assistance, it is ultimately the responsibility of workers to decide their own
vocational future.
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In order to carry out the disclosure of information necessary to administer this

consultative process, a consent from the worker will normally be requested in advance.
Operational Process
The rehabilitation process involves five sequential phases of vocational exploration.

The Board expedites this process in accordance with the vocational rehabilitation
principles and goals.
PHASE I
Principle:
All efforts will be made to help the worker return to the same job with the same
employer.
Rationale:
The worker returns to a known environment, maintains seniority and company

benefits and, where applicable, remains in the same union. The employer
benefits by virtue of retaining a trained and experienced employee.
Method:
Programs of physical conditioning, work assessment, refresher training or skill

upgrading may be appropriate.
PHASE II
Principle:
Where the worker cannot return to the same job, the employer will be
encouraged to accommodate job modification or alternate in-service placement.
Rationale:
As in Phase I, the worker and the employer mutually benefit from the
continuation of the employment relationship.
Method:
Programs relevant to Phase I may be appropriate. In addition, work site/job

modification and/or supplementary skill development involving training-on-the-job
and/or formal training may be required.

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PHASE III
Principle:
Where the employer is unable to accommodate the worker in any capacity,

vocational exploration will progress to suitable occupational options in the same
or in a related industrial sector, capitalizing on the worker’s directly transferable
skills.
Rationale:
The worker returns to a known or related industry, which best utilizes existing
skills to optimize occupational potential. This may also allow the worker to retain
union status where applicable.
Method:
The programs relevant to the preceding phases may be applicable. In addition,

job search assistance may be indicated.
PHASE IV
Principle:
Where the worker is unable to return to alternate employment in the same or

related industry, vocational exploration will progress to suitable occupational
opportunities in all industries, recognizing the worker’s inventory of transferable
skills, aptitudes and interests.
Rationale:
The worker returns to suitable employment in a different industry, which best

utilizes existing skills to optimize occupational potential.
Method:
All programs relevant to the preceding phases may apply.
PHASE V
Principle:
Where existing skills are insufficient to restore the worker to suitable

employment, the development of new occupational skills will be considered.

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Rationale:
The worker is equipped with new marketable skills with a view to optimizing
occupational potential.
Method:
Training programs will be considered for the development of new occupational

skills. Programs relevant to the preceding phases may apply to help the worker
secure employment once trained.

CROSS REFERENCES: Item C11-85.00, Vocational Rehabilitation − Principles and Goals;
Item C11-88.10, Vocational Rehabilitation − Work Assessments;
Item C11-88.20, Vocational Rehabilitation − Work Site and Job
Modification;
Item C11-88.30, Vocational Rehabilitation − Job Search Assistance;
Item C11-88.40, Vocational Rehabilitation − Training-on-the-Job;
Item C11-88.50, Vocational Rehabilitation − Formal Training;
Item C11-88.60, Vocational Rehabilitation − Business Start-ups;
Item C11-88.70, Vocational Rehabilitation − Legal Services;
Item C11-88.80, Vocational Rehabilitation − Preventative Rehabilitation;
Item C11-88.90, Vocational Rehabilitation − Relocation, of the
November 1, 2002 − Reformatted and revised policy to set out the
vocational rehabilitation process and the five sequential phases of
vocational exploration. Replaced policy items #87.10 and #87.20 of the
Rehabilitation Services & Claims Manual, Volume II. Applies to
decisions made on or after November 1, 2002 on claims adjudicated
under the Workers Compensation Act, R.S.B.C. 1996, c. 492 as
amended by the Workers Compensation Amendment Act, 2002.

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Nature and Extent of Programs and Services
BACKGROUND
This policy sets out the nature and extent of vocational rehabilitation programs and
services available for injured workers.
2. The Act
Section 155(1):

POLICY
PROGRAMS AND SERVICES
General
Programs and services in support of the vocational rehabilitation process may be

implemented individually or in combination, as part of a rehabilitation plan.
Early Intervention
Vocational rehabilitation assistance should be provided as soon as a worker is

medically able to participate in the worker’s own vocational future.
Application of the Vocational Rehabilitation Process
The vocational rehabilitation process is generally applicable as follows:

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Temporary total disability under section 191 of the Act – Phases I and II of the
vocational rehabilitation process apply. Vocational rehabilitation services are
limited to work assessments, work site/job modifications and to an advisory role
regarding the worker’s recovery or selective light duties with pre-injury employer.
Temporary partial disability under section 192 of the Act – Phases I and II of the
vocational rehabilitation process apply. Vocational rehabilitation services are
limited to counselling, work assessments, graduated return to work (“GRTW”),
placement assistance, mediation between worker and employer, and work
site/job modifications.
Permanent partial disability under section 195 or 196 of the Act – Phases I
through V of the vocational rehabilitation process apply. Vocational rehabilitation
services may include counselling, work assessments (GRTW), placement
assistance, mediation between worker and employer, work site/job modifications,
job search, training-on-the-job, and formal training.
Permanent total disability under section 194 of the Act – Quality of life assistance
may include vehicle modifications, home modifications, personal care
allowances, independence and home maintenance allowances and temporary
dependant care subsistence allowances.
Rehabilitation Plan
A rehabilitation plan is developed for each eligible worker. Ongoing medical opinion
and a variety of Board and community resources assist the Board and the worker in
developing the plan. The principles regarding medical opinion apply equally to the
rehabilitation process.
The Board develops the plan in collaboration with the worker, the employer and
appropriate health care providers. To demonstrate understanding of the plan, the plan
should be signed by the worker, the Board and where appropriate, the employer.
The written rehabilitation plan:
• Defines the overall vocational goal. The plan is considered appropriate if the
worker has a reasonable probability of successfully achieving the vocational goal.
• Outlines the supporting rationale, which makes the vocational goal attainable.
The plan will clearly document how the worker’s vocational profile matches the
targeted suitable occupation. A description of the worker’s vocational profile will
include objective functional capacity, education, existing transitional skills or
projected skills, aptitudes, training, interests and personal and occupationally
significant characteristics.

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• Describes a suitable occupation in which the worker can competitively pursue

employment upon achievement of the vocational goal. This will be based on
recognized methods of occupational classification. Where applicable, the
description will include community-specific features of the occupation as
determined through job analysis.
• Details the specific programs and services for the vocational goal to be attained
and outlines the obligations of the participants.
• Details the methods, techniques and supports, which will be utilized to assist the
worker in attaining the vocational goal. The sponsorship opportunities of other
agencies are considered in providing integrated service delivery. Their
availability does not limit the Board’s provision of additional services in
accordance with its policies.
• Outlines the wage-loss equivalency benefits and/or other allowances (such as

transportation and subsistence allowances) which will accompany the plan.
• Indicates the timeframes associated with the overall plan and its component
steps.
A worker is entitled to one rehabilitation plan. The Board will monitor the plan to
determine if the plan is progressing as anticipated. A plan may be modified or a new
plan substituted where:
• The worker’s compensable condition deteriorates or improves, making the initial

plan inappropriate in relation to the goal; and/or
• There are significant developments in the vocational rehabilitation process,

impacting the expected outcome of the plan.
Approval by the Director of Vocational Rehabilitation Services is required in order to

proceed with the development of a new plan.
All involved parties will acknowledge the modified or new plan. The requirements for
developing the initial plan apply to the modified or new plan.
Financial Implications/Cost Effectiveness
Each plan must set out the financial implications of implementing the plan and/or its cost
effectiveness. The analysis may include such things as a comparison of the estimated
cost of the necessary vocational services, the remaining compensation benefits that the
worker is entitled to, the estimated cost of alternative rehabilitation plans, and the
estimated benefit costs if no return to work services are provided. The analysis must
also set out when it is expected that specific costs will be experienced.
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Discontinuation of Vocational Rehabilitation Services
Vocational rehabilitation services may be discontinued where:
• the worker refuses available employment that is considered suitable;
• the worker fails to cooperate with the vocational rehabilitation process;
• the worker has, for personal reasons, withdrawn from the labour force;
• non-compensable medical, psycho-social or financial problems alone preclude

active participation in the rehabilitation process;
• the worker retires or is deemed to have retired; or
• the plan is completed and it is neither necessary nor cost effective to provide
further vocational rehabilitation assistance.
Wage-Loss Equivalency and Other Benefits
Wage-loss equivalency benefits provided by the Board are payable only when wage-
loss benefits have concluded and follow the same rules with regard to the deduction of
permanent disability benefits. These benefits may be provided while workers are either
awaiting or undertaking specific vocational programs.
Transportation allowances and subsistence allowances may also be considered in

support of vocational programs.
The sponsorship opportunities of other agencies are considered in providing integrated

service delivery, but their availability does not diminish the Board’s primary service and
funding responsibilities.

CROSS REFERENCES: Sections 190, 191, 192, 194, 195, and 196 of the Act;
Chapter 9 Average Earnings;
Policy item #34.11, Selective/Light Employment;
Policy item #69.10, Deduction of Permanent Disability Periodic
Payments from Wage-Loss Benefits;
Policy item #70.30, Permanent Disability Compensation;
Item C11-85.00, Vocational Rehabilitation – Principles and Goals;

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Item C11-87.00, Vocational Rehabilitation – Process;
Policy item #97.30, Medical Evidence, of the Rehabilitation Services &
February 1, 2020 – Policy amended to add heading related to wage-loss
equivalency and other benefits and to remove language that
developments in VR process allowing a VR plan to be changed be
‘unanticipated’.
September 1, 2015 – Policy revised to remove Vice President approval,
and direct that the Director of VR Services is only required to approve
the development of a new VR plan. Amendments also ensure workers
who receive permanent partial disability compensation under
sections 195 and 196 of the Act are treated consistently, and the
elements that must be included in the financial analysis of a VR plan are
revised.
June 1, 2009 – Deleted references to Board officer, Vocational
Rehabilitation Services and Compensation and Rehabilitation Services.
November 1, 2002 – Reformatted and revised policy to set out the nature
and extent of programs and services generally applicable in relation to
the entitlement provisions of the Act. Amendments also included the
criteria for modifying or creating a new plan and guidance on when
vocational rehabilitation services may be discontinued. Replaced policy
items #87.00 and #88.00 of the Rehabilitation Services & Claims Manual,
Volume II and applies to decisions made on or after November 1, 2002
on claims adjudicated under the Workers Compensation Act,
R.S.B.C. 1996, c. 492, as amended by the Workers Compensation
Amendment Act, 2002.
APPLICATION: This Item applies on or after February 1, 2020.

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Work Assessments
BACKGROUND
This policy describes work assessment programs.
2. The Act
Section 155(1):

POLICY
Work Assessments
A work assessment program is a method of determining or enhancing a worker’s

employment capabilities and potential in an actual work environment with an employer,
or in a simulated setting using functional evaluation methodology.
Guidelines
Subject to policy in Item C11-88.00, the following guidelines on work assessments

apply.
1. When a work assessment with an employer takes place prior to full

medical recovery and is intended primarily as a therapeutic measure to
assist increasing levels of work activity, the program is normally referred to
as a “Graduated Return to Work”. This program is commonly a first step
in a worker’s successful reinstatement with the pre-injury employer.
2. Work assessments also allow employers and workers to assess the

viability of employment in a particular job and are frequently used together
with training-on-the-job programs.

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Expenditures
1. The Board provides financial assistance to workers who are participating

in work assessment programs, either through a continuation of wage-loss
benefits under section 191 or 192 of the Act, or payment of rehabilitation
allowances under section 155 when wage-loss benefits are no longer
payable.
2. Costs arising from injuries or aggravations that occur during the course of
Board-sponsored work assessments with an employer are not charged to
the participating employer.
EFFECTIVE DATE: November 1, 2002

CROSS REFERENCES: Item C11-87.00, Vocational Rehabilitation − Process;
Volume II.
Replaced policy items #88.10 - #88.12 of the Rehabilitation Services &
APPLICATION: To decisions made on or after November 1, 2002 on claims adjudicated
under the Workers Compensation Act, R.S.B.C. 1996, c. 492, or the Act.
May 2020 Volume II

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Work Site and Job Modification
BACKGROUND
This policy describes work site and job modification programs.
2. The Act
Section 155(1):

POLICY
Work Site and Job Modification
The Board may provide assistance to alter work sites or modify jobs to facilitate re-
employment in physically appropriate working conditions.
Guidelines
Subject to policy in Item C11-88.00, the following guidelines on work site and job
modification apply.
1. Assistance of this nature may occur where it is advantageous in returning

workers to employment.
2. Modifications are considered and undertaken in consultation with workers,

employers, unions and treating professionals.
Expenditures
1. The Board may provide financial assistance for the modification of jobs
and work sites, including expenditures for special equipment and/or tools,

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if appropriate and necessary in facilitating the worker’s return to
employment.
2. In some instances, it may be appropriate to share the costs of these

expenditures with employers.

CROSS REFERENCES: Item C11-87.00, Vocational Rehabilitation − Process;
Volume II.
Replaced policy items #88.20, #88.21, and #88.22 of the Rehabilitation

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Job Search Assistance
BACKGROUND
This policy describes the Board’s job search assistance program.
2. The Act
Section 155(1):

POLICY
Job Search Assistance
Job search assistance may be provided to workers who require help in securing
appropriate employment.
Guidelines
Subject to policy in Item C11-88.00, the following guidelines on job search assistance
apply.
1. Job search assistance would normally be introduced to help equip workers

with the knowledge and skills to conduct a successful search for
employment. Assistance may include:
(a) vocational assessment and goal-setting through individual and/or

group counselling;
(b) referral to internal and external employment resources;
(c) marketing to prospective employers;
(d) financial assistance.

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2. Eligibility for job search assistance and its continuance is conditional upon
the active cooperation of the worker with the Board. Workers may be
required to provide proof that they are earnestly seeking employment, or
awaiting a definite job opportunity.
3. Job search assistance may be provided for up to 12 cumulative weeks.
The Board may approve extensions up to 26 weeks based on the

following criteria:
• Labour market data supports a greater average number of weeks of

job search for the worker’s home geographic area and/or the worker’s
occupation;
• The severity of the injury and resulting disability are such that
12 weeks to locate suitable employment will be inadequate; or
• The worker has actively participated in job search and there is

objective evidence that a period greater than 12 weeks is required to
locate suitable employment that will allow the worker to return to an
occupational category comparable in terms of earning capacity to the
pre-injury occupation.
Extensions beyond 26 weeks must be approved by the Director of

Expenditures
The Board may provide financial assistance in the form of a job search
allowance. This is a discretionary vocational rehabilitation benefit which
applies if the worker is actively seeking or returning to appropriate
employment, attending a designated job search program, or awaiting a
confirmed job opportunity. The amount of the allowance will not exceed
wage-loss equivalency.

CROSS REFERENCES: Item C11-87.00, Vocational Rehabilitation – Process;
Item C11-88.90, Vocational Rehabilitation – Relocation, of the

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September 1, 2015 – Revised policy provides that job search assistance
may be provided for up to 26 weeks. Extensions beyond 26 weeks must
be approved by the Director of VR Services.
June 1, 2009 – Deleted references to Board officer and Compensation
and Rehabilitation Services.
November 1, 2002 – Reformatted and revised policy to set out that job
search assistance may be provided for up to 12 weeks. Extensions
beyond 12 weeks must be approved by the VP of Compensation and
Rehabilitation Services or the Director of VR Services. Criteria were also
provided for granting extensions. Replaced policy items #88.30 - #88.32
of the Rehabilitation Services & Claims Manual, Volume II. Applied to
decisions made on or after November 1, 2002 on claims adjudicated
under the Workers Compensation Act, R.S.B.C. 1996, c. 492, as
amended by the Workers Compensation Amendment Act, 2002.

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Training-on-the-Job
BACKGROUND
This policy describes the Board’s training-on-the-job program.
2. The Act
Section 155(1):

POLICY
Training-on-the-Job
Training-on-the-job is a shared-cost program which is undertaken at an employer’s work

site to provide the worker with specific skills leading directly to employment.
Guidelines
Subject to the policy in Item C11-88.00, the following guidelines apply for training-on-
the-job programs.
1. Training-on-the-job assistance may be provided to enhance or develop

new occupational skills.
2. While the worker is undertaking a training-on-the-job program, absences

are usually treated according to the training employer’s policy on
absenteeism. That is, if the employer deducts the worker’s pay for an
absence, so will the Board. If the employer pays for the absence, the
Board will pay as well.
3. Training-on-the-job assistance may be provided for up to 26 weeks.

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The Board may approve training-on-the-job assistance of more than
26 weeks based on the following criteria:
• A program greater than 26 weeks will result in no loss of earnings for a

worker who is being assessed for section 196 compensation;
• A program greater than 26 weeks will result in permanent long-term

employment;
• A program greater than 26 weeks is necessary to develop/demonstrate

the required occupational skill levels; or
• A program greater than 26 weeks is required for ticketing and/or

certification in the identified occupation.
The timeframe for training-on-the-job will be part of the rehabilitation plan. Extensions
beyond 26 weeks must be approved by the Director of Vocational Rehabilitation
Services.
Expenditures
1. Financial assistance for a training-on-the-job program will normally be

provided on a shared-cost basis with the training employer. The Board’s
contribution will usually decrease, on a sliding scale, as the program
proceeds and the worker’s productivity increases. The portion of the
worker’s wages paid by the Board will normally not exceed the worker’s
wage-loss rate.
Training-on-the-job allowances will be calculated in a manner similar to

the calculation of wage-loss benefits. In general the sum of the wages
from the training employer and the gross payments from the Board to the
worker will be equal to the worker’s pre-injury wage rate. Where the
worker’s pre-injury wage rate exceeds the maximum wage rate as set
under section 209 of the Act, the Board’s contribution will be calculated by
substituting the maximum wage rate for the pre-injury wage rate. In that
case the sum of the wages from the training employer and the gross
payments from the Board to the worker will be equal to the maximum
wage rate.
2. Expenditures under this program will usually be paid directly to the

employer, so that the worker will be covered by Employment Insurance,
Canada Pension Plan and any other company benefits.
3. Permanent disability benefits are not deducted from training allowances

for training-on-the-job programs when paying the employer.
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4. Nothing in this Item should be interpreted to prohibit the Board from
negotiating a wage with the training employer that exceeds either the
maximum wage rate or the worker’s pre-injury wage. The Board will seek
to maximize the wages paid to the worker by the training employer while
recognizing that it is necessary and desirable to provide some incentive to
employers to choose injured workers for training-on-the-job positions.
Injury in the Course of Training-on-the-Job
The Board considers it essential to encourage employers to provide training and

employment opportunities for injured workers. One way of doing this is to exclude from
the employer’s experience rating, the costs of certain employment injuries and
aggravations occurring in the course of a training-on-the-job program.
There are two different training-on-the-job situations to be considered:
1. The employer is not paying the worker; the Board is paying full benefits.
All costs resulting from the aggravation of the injury are excluded from
experience rating, whatever the nature of the injury.
2. The employer is paying a partial wage to the worker who is also receiving
payments from the Board; or the Board is reimbursing the employer part of
the worker’s salary.
If there is an aggravation of the old injury, or the old injury contributes

significantly to the occurrence of the new injury, all the resulting costs are
excluded from experience rating, whatever the nature of the injury.
If the old injury made no significant contribution to the new injury, the
Board will exclude from experience rating a proportion of the costs of the
new claim equal to the percentage of the worker’s wages being paid or
reimbursed by the Board.
The above policy applies whether the employer at the time is a new employer or the
worker’s original employer.
In addition to relief for the individual employer for experience rating, the employer’s
sector or rate group may be eligible for relief under section 240(1)(d).

CROSS REFERENCES: Item C11-87.00, Vocational Rehabilitation – Process;

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Policy item #115.30, Experience Rating, of the Rehabilitation Services &
HISTORY: October 21, 2020 – Amended to reflect amendment to maximum wage
rate provisions in the Act by the Workers Compensation Amendment Act,
2020 (Bill 23 of 2020), in effect August 14, 2020.
September 1, 2015 – Revised policy removes requirement for the
timeframe for training-on-the-job to be determined before a VR plan is
implemented.
June 1, 2009 – Deleted reference to Compensation and Rehabilitation
Services.
November 1, 2002 – Reformatted and revised policy provides that
training-on-the-job assistance may be provided for up to 26 weeks.
Extensions beyond 26 weeks must be approved by the VP of
Compensation and Rehabilitation Services or the Director of VR
Services. Criteria are also provided for granting extensions. Replaced
Items #88.40 - #88.43 of the Rehabilitation Services & Claims Manual,
Volume II. Applied to decisions made on or after November 1, 2002 on
claims adjudicated under the Workers Compensation Act,

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Formal Training
BACKGROUND
This policy sets out the Board’s formal training program.
2. The Act
Section 155(1):

POLICY
Formal Training
Subject to the policy in Item C11-88.00, the following guidelines apply to formal training.
Formal training refers to a range of courses or programs which:
1. add to, or upgrade a worker’s existing skills or qualifications;
2. provide new occupational skills.
These may include full-time or part-time trades, technical or academic programs offered
through recognized training or educational institutions. These programs are of short
duration of less than 26 weeks and should be identified as having an immediate positive
impact on the worker’s employability. Programs of more than 26 weeks duration must
be approved by a Vice-President or the Director of Vocational Rehabilitation Services.
The following criteria apply in considering whether a program of more than 26 weeks is
approved:
• A program greater than 26 weeks is required to assist a worker who is

assessed under section 196 in mitigating the worker’s loss of earnings;

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• A program of less than 26 weeks is not adequate to provide new occupational

skills; or
• The rehabilitation plan that is developed identifies and provides supporting

documentation for a lengthier formal training program based on the worker’s
objective functional capacity, existing transitional skills, aptitudes, education
and training or labour market demands.
Levels of Support
Where a worker, who has sustained a compensable injury or occupational disease,

wishes to undertake a formal training program and seeks assistance from the Board,
the proposed program must be classified in one of the following three categories:
1. Training Related Directly to the Disability
The Board should provide the cost of any formal training program
considered reasonably necessary to overcome the effects of any residual
disability. This can also apply to preventative rehabilitation.
(a) The primary guideline is that the Board should, where practical,
support a program sufficient to restore the worker to an
occupational category comparable in terms of earning capacity to
the pre-injury occupation.
(b) A secondary guideline is that the gravity of the residual disability is

a relevant factor. The Board should go to greater lengths in cases
where the residual disability is serious than in cases where it is
minor.
Where a worker is eligible for a formal training program under this

heading, the support provided under section 155 of the Act should be
sufficient to enable the worker to complete the program. Workers should
not be expected to use their own resources or to commute their
permanent disability benefits for this purpose.
2. Training Related Partly to the Disability
Workers may sometimes want to blend their rehabilitation into a general

advancement of their education, or pursue a vocational ambition that
exceeds what would otherwise be provided under section 155 of the Act.
For example, a worker is injured in a heavy manual occupation and is

unable to return to heavy manual work. In discussion with the Board, it
appears that there is a 26-week program that would provide occupational
skills for a position with earning capacity and prospects at least as good
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as the pre-injury occupation; but rather than pursue this option the worker
prefers a more extensive one-year program.
The Board should not deny the rehabilitation assistance that would have
been provided if the worker had chosen the 26-week training program, but
neither should it generally finance an educational advancement that goes
beyond what is reasonably necessary as rehabilitation for the injury.
In cases of this kind, the Board will estimate the total expenditure that
would have been incurred under section 155 of the Act if the worker had
taken a program considered reasonably necessary to overcome the
effects of the compensable injury. The worker will then be offered that
amount as a contribution to the cost of the preferred vocational plan.
If the injury is very severe, the Board might treat the case under
Category 1 and support the whole program. Rehabilitation is not limited to
restoring earning capacity and, in cases of catastrophic or very serious
injury, the Board should do all that is reasonably possible and appropriate
to facilitate the functional restoration and development of the worker. In
these cases, a formal training program may be wholly supported by the
Board notwithstanding:
(a) that it goes beyond what is necessary to restore the pre-injury

earning capacity of the worker, or
(b) that it may not improve earning capacity at all.
3. Training Unrelated to the Disability
Sometimes, recovery from an injury coincides with a desire for a change

of occupation, or for some formal training program that the worker might
well have undertaken regardless of the injury. The jurisdiction of the
Board under section 155 of the Act is to provide assistance reasonably
necessary as rehabilitation for a compensable injury. Thus, it is not a
function of the Board to finance training that is part of an ordinary career
pattern or that is desired by the worker for reasons unrelated to the injury.
Such training would, therefore, not be supported under section 155. If the
worker wished to meet the cost of the program by a commutation of
permanent disability benefits, that is something the Board might consider.
Guidelines
1. Formal training programs are normally undertaken for the purpose of

improving a worker’s long-term employment and earnings potential.

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2. Before deciding on a formal training program, it is important that the
worker’s desires, abilities, aptitudes, interests and educational readiness
are assessed in order to ensure a probability of success. The program
must also be compatible with the worker’s physical capabilities and any
ongoing medical treatment.
3. Decision-making regarding the type and appropriateness of formal training

programs is a collaborative process which takes into consideration the
desire and intent of the worker and all relevant assessment and labour
market information. The Board determines the feasibility of the
program(s) under consideration and decides whether to recommend
sponsorship.
4. Ongoing support and sponsorship of formal training programs are

contingent upon the worker’s active cooperation and participation in the
process. If the worker does not meet the attendance and progress
requirements of the program, financial sponsorship may be suspended or
withdrawn. Discussion with the worker will determine whether further or
alternate assistance is appropriate.
Expenditures
When it is decided to support a formal training program related directly to the disability,
the assistance provided under section 155 of the Act will normally include:
1. Training allowances at wage-loss equivalency, when the worker is

enrolled in a full-time program.
2. Tuition fees and any necessary books, materials or equipment.
3. Travel and subsistence where appropriate.
When it is decided to support a formal training program related partly to the disability,
the Board will estimate the total expenditure that would otherwise have been incurred
under section 155 of the Act. The worker will then be offered that amount as a
contribution to the cost of the preferred program. This contribution will normally be paid
by installment and will be subject to cost-of-living adjustments using the formula
provided in section 334 of the Act.
Injury in the Course of Training
A worker undergoing a course of rehabilitation training sponsored by the Board does so

in the circumstances described below:
1. The trainee may be attending a school of training specifically operated as

such and for which course of training the Board pays a fee to the school,

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while at the same time paying the trainee the allowance prescribed by
Board regulations.
2. A trainee may, by arrangement, be receiving training in an industrial or

business establishment, receiving no remuneration from the employer in
the establishment, but only receiving the allowance prescribed by Board
regulations. At the same time, the Board may be paying something by
way of a training fee to the employer in the establishment.
In the above circumstances, the Board takes the position that the trainee is not a
“worker” employed by the participating employer in the course of rehabilitation training.
Should the trainee receive further injury in the course of training, the Board regards
such further injury as a continuation of the original disability. The two main objectives
are:
1. that the injured trainee shall receive compensation under the Act, and
2. that an employer who cooperates and assists the Board in rehabilitating

an injured worker shall not be penalized for so doing.
In the case of an aggravation or new injury to a trainee, the Board will normally exclude
the costs from the employer’s experience rating. In addition, the employer’s sector or
rate group may be eligible for relief under section 240(1)(d).
The above policy applies whether the employer at the time is a new employer or the
worker’s original employer.
Joint Sponsorship
Where a worker is undertaking a training program sponsored by another agency, and:
1. the circumstances are such that a similar program would have been
supported by the Board, and
2. the level of support provided by the other agency is less than would have
been provided by the Board,
the Board will provide support to the extent of the difference.

CROSS REFERENCES: Item C3-20.00, Employer-Provided Facilities;
Policy item #45.44, Education;

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Item C11-87.00, Vocational Rehabilitation – Process;
Item C11-88.80, Vocational Rehabilitation – Preventative Rehabilitation;
Policy item #115.30, Experience Rating, of the Rehabilitation Services &
HISTORY: October 21, 2020 – Housekeeping amendments to ensure consistent
terminology.
September 1, 2015 – Revised policy for housekeeping changes.
June 1, 2009 – Deleted reference to Compensation and Rehabilitation
Services and Board officer.
November 1, 2002 – Reformatted and revised policy to set out that
formal training programs may be provided for up to 26 weeks. Programs
of more than 26 weeks must be approved by the VP of Compensation
and Rehabilitation Services or the Director of VR Services. Criteria are
also provided for considering whether a program of more than 26 weeks
is approved. Replaced policy items #88.50 - #88.55 of the Rehabilitation

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Business Start-ups
BACKGROUND
This policy sets out the Board’s business start-up program.
2. The Act
Section 155(1):

POLICY
Business Start-ups
The Board may contribute to the cost of starting or enhancing a viable business for a
worker in lieu of other rehabilitation measures.
Business start-ups will only be approved in limited situations where the Board is
satisfied that the worker has demonstrated previous business experience and presents
a viable business plan. In each case where a business start-up is contemplated as a
vocational rehabilitation measure, the Board will obtain, with the worker’s written
consent, an appraisal of the viability of the proposed business from the Business
Development Bank of Canada or some similar organization before a final decision is
made. Before consideration can be given to a business-start-up plan, the Director,
Vocational Rehabilitation Services must approve a business feasibility study. The
Director, Vocational Rehabilitation Services, must also approve all business start-ups.

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The amount of financial assistance will normally not exceed the amount that would have
been paid if the worker had undertaken a vocational rehabilitation program considered
reasonable and necessary to overcome the effects of the compensable injury.
When considering vocational rehabilitation expenditures for business start-ups, the

basic guidelines for starting a business apply.

CROSS REFERENCES: Policy item #45.43, Starting a Business;
Volume II.
Replaced policy item #88.60 of the Rehabilitation Services & Claims
Manual, Volume II.

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Legal Services
BACKGROUND
This policy sets out the legal assistance that may be provided in relation to vocational
rehabilitation services.
2. The Act
Section 155(1):

POLICY
Legal Services
While legal assistance is not normally required as a rehabilitation measure, the

provision of legal assistance might be considered, where appropriate, as part of the
worker’s rehabilitation offered under section 155 of the Act, either at the request of the
worker or at the initiative of the Board.
Legal advice is not provided in respect of any matter that the Board is or may be
adjudicating.
The following examples illustrate some of the circumstances in which legal assistance
by the Board may be considered.
1. Indebtedness or Insolvency
Where claims are being made against a worker which are an impediment
to recovery from an occupational injury or disease, the provision of legal
advice by the Board might be considered as part of the worker’s
rehabilitation.

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2. Matrimonial Problems
Cases sometimes arise in which the threat of wage garnishment for the
enforcement of a maintenance order is a cause of anxiety, or in other
respects an impediment to a return to work. Legal assistance by the
Board in these circumstances is a possibility that might be considered.
3. Conveyancing
A worker who owns a home may be required by the nature of the injury to
move (e.g. paraplegia). In such a case, conveyancing services might be
considered as part of the rehabilitation assistance and this may be done
within the Legal Services Division of the Board or in the form of paying the
fees and disbursements for a lawyer in private practice.
4. Workers’ Estates
Where workers sustain serious injuries that render them unable to

administer their own affairs, their family may need legal advice and
assistance to make alternative arrangements.
5. Advice to a Surviving Spouse
The Board cannot provide any legal assistance that may be required in
relation to the administration of an estate of a deceased worker. Nor can
the Board provide legal assistance in relation to any other problems
resulting directly from a death; but if any legal problems should arise in
relation to the employment of dependants, legal advice in respect of such
problems might be considered as one aspect of counselling.
6. Other Situations
The examples set out in this Item are mentioned only by way of
illustration. They are not an exhaustive list of the circumstances in which
legal assistance might be provided.

CROSS REFERENCES:
June 1, 2009 – Deleted reference to officer.

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November 1, 2002 − Reformatted and revised policy to set out the legal
assistance that may be provided in relation to vocational rehabilitation.
Manual, Volume II. Applied to decisions made on or after
November 1, 2002 on claims adjudicated under the Workers

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Preventative Rehabilitation
BACKGROUND
This policy sets out preventative rehabilitation assistance that may be provided to
workers.
2. The Act
Section 155(1):

POLICY
Preventative Rehabilitation
Preventative rehabilitation is intended to provide assistance to workers who can return

to their previous jobs, but have been medically deemed to be at undue risk of:
1. permanent disability due to vulnerability, or

2. increased permanent disability.
Cases involving occupational disease or prior claims for the same injury (mainly joints
and backs) are the primary focus of preventative rehabilitation.
Once eligibility for preventative assistance has been established, the rehabilitation
process applies.


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CROSS REFERENCES: Item C11-87.00, Vocational Rehabilitation − Process, of the
HISTORY: October 21, 2020 – Housekeeping amendments to ensure consistent
terminology.
Manual, Volume II.

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Relocation
BACKGROUND
This policy sets out the Board’s guidelines on relocation.
2. The Act
Section 155(1):


injury;
the injury.

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Section 196:
(1) This section applies in relation to a permanent partial disability if the

Board determines that the combined effect of
is so exceptional that an amount determined under section 195

(2) In making a determination under subsection (1), the Board must

consider the ability of the worker to continue in the worker’s
occupation at the time of the injury or to adapt to another suitable
occupation.
(3) If the Board makes a determination under subsection (1), the Board
may pay the worker compensation that is a periodic payment of an
amount that equals 90% of the difference between


after the injury;
after the injury.
POLICY
Relocation is considered to be a reasonable option for a worker after all other

return-to-work options have been considered. Where no suitable occupations
that will maximize the worker’s post-injury earning capacity are available within a
reasonable commuting distance of the worker’s home community, the Board may
recommend that the worker relocate to an area where there are greater
prospects for employment opportunities in a suitable occupation.

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An offer by the Board to relocate a worker will be made on the basis of the
worker’s individual circumstances. The primary factor to be considered is
mitigation of the worker’s long-term loss of earning capacity. A determination
must be made that employment opportunities, on relocation, would substantially
reduce the worker’s post-injury loss of earnings.
Other factors that may be considered in determining whether it would be

reasonable for a worker to relocate include age, family situation and/or
connection to the community. The connection to the community must be
significant and refer to the worker’s obligations and responsibilities to the
community separate from the worker’s family situation. The evidence must
support a finding that these other factors, either alone or in combination, would
make it unreasonable for the Board to consider relocation. The primary factor
will be the deciding factor unless the other factors considered either separately or
in combination clearly outweigh the mitigation of the worker’s loss of earning
capacity.
The Board will pay reasonable expenses of relocation. Expenses paid by any
other agency, may be deducted from the amount to be paid by the Board.
If the Board determines that relocation is reasonable and relocation expenses

have been offered, the worker’s benefits may be calculated as if the worker
relocated.

AUTHORITY: Sections 155, 192 and 196 of the Act.
CROSS REFERENCES: Policy item #35.21, Availability of Jobs;
Policy item #40.12, Suitable Occupation;
Item C11-89.00, Vocational Rehabilitation − Employability
Assessments − Temporary Partial Disability and Permanent
Partial Disability, of the Rehabilitation Services & Claims Manual,
Volume II.
R.S.B.C. 2019, c. 1.
Replaced, in part, policy item #40.12.

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Employability Assessments −
Temporary Partial Disability and
Permanent Partial Disability
BACKGROUND
This policy sets out the employability assessment process for temporary partial disability
and permanent partial disability.
2. The Act
Section 155(1):


injury;
the injury. (emphasis added)
Section 196:

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injury;
POLICY
Employability Assessments
Sections 192 and 196 of the Act direct the Board to estimate what a worker is capable
of earning in a suitable occupation. This requires an employability assessment.
One of the functions of Vocational Rehabilitation Services is to assist in the assessment

of employability for temporary partial disability and permanent partial disability under
sections 192 and 196 of the Act.
Temporary Partial Disability
Where a worker is medically judged to be only partially disabled and the condition
remains temporary, any further wage-loss benefits may be processed under section 192
of the Act. In most cases, this assessment under section 192 is conducted without a
referral to Vocational Rehabilitation Services. The goal is to identify suitable

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occupations, along with estimated earnings, that maximize the worker’s short-term
earning capacity up to the pre-injury wage rate. In most cases, the focus of the
assessment is a return to work with the pre-injury employer.
A referral to Vocational Rehabilitation Services may be made if assistance is needed in

this regard or a more comprehensive employability assessment is required. For
example, if there is no attachment to the pre-injury employer, suitable and available
occupations in the labour market will be considered.
Vocational Rehabilitation Services provides the documented objective evidence of what

the worker is earning or is capable of earning, not the decision on a worker’s entitlement
under section 192 itself.
In determining section 192 wage-loss benefits, the employment opportunity or

opportunities should be available immediately or within the period under review (two
weeks, one month) and there should be some certainty that workers would have these
opportunities open to them should they choose to apply.
Where the Board and a worker are engaged in carrying out a rehabilitation plan, and all
parties are cooperating in good faith, it is not required that temporary partial disability
wage-loss benefits be based on short-term, temporary or lesser paying jobs that the
worker could do, but which would be incompatible with the demands and commitment
required to meet the overall vocational objective.
Permanent Partial Disability
In exceptional cases, a worker's entitlement to permanent partial disability benefits may

be determined under the method set out in section 196 of the Act. This method requires
an employability assessment.
The goal is to identify suitable occupations, along with estimated earnings, that
maximize the worker’s long-term earning capacity up to the pre-injury wage rate. In
most cases, “long-term” refers to three to five years.
The employability assessment process is conducted in light of all possible rehabilitation

measures that may be of assistance and appropriate to the circumstances of each
worker.
The rehabilitation plan may form the basis for the employability assessment. A
functional capacity evaluation may be used to assess the worker’s capacity for work.
This provides information on the worker’s residual maximum functional capabilities,
confirmation of identified alternative job options and plans for vocational reintegration.
Labour market data in conjunction with the objective functional capacity information is
used to create a residual vocational profile. A list of suitable occupations based on the

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profile is then produced. Consideration is then given to whether these occupations are
reasonably available.
The worker is given a copy of the assessment and allowed 30 days in which to respond.
Unless this timeframe is waived by the worker, submissions received within this time
frame are considered before the Board makes a final decision on section 196
entitlement.

CROSS REFERENCES: Policy item #35.11, Procedure for Determining Whether Worker is
Temporarily Partially Disabled;
Policy item #35.20, Amount of Payment;
Policy item #40.10, Section 196 Assessment Formula;
Policy item #40.13, Measurement of Earnings Loss;
Policy item #40.14, Provision of Employability Assessments;
Item C11-89.10, Vocational Rehabilitation – Income Continuity, of the
June 1, 2009 – Policy updated to reflect the wording of the legislation
and to remove outdated references to decision-makers, departments,
appellate bodies and external agencies.
November 1, 2002 − Reformatted and revised policy to set out the
employability assessment process for temporary partial disability and
permanent partial disability. Replaced policy items #89.00, #89.10, and
Applied to decisions made on or after November 1, 2002 on claims
adjudicated under the Workers Compensation Act,

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Income Continuity
BACKGROUND
This policy deals with the payment of a rehabilitation allowance pending the assessment
of permanent partial disability compensation.
2. The Act
Section 155(1):

Section 195(1):
(1) Subject to section 196, if a permanent partial disability results from a

worker’s injury, the Board must

Section 196:


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injury;
POLICY
Continuity of Income Pending Assessment of Permanent Partial Disability

Benefits
The Board may pay a rehabilitation allowance to assist workers who are not actively
engaged in the rehabilitation process but who are awaiting assessment of their
permanent disability benefits. These payments will be considered for workers
• whose disability has stabilized,
• who are unemployed, or employed at a reduced income level due to their

compensable disability,
• who are not entitled to wage-loss benefits,
• who are not receiving any other wage-loss equivalency benefits from the
Board, and
• who are likely to receive permanent partial disability benefits under


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Consideration will be given to the payment of a rehabilitation allowance between the
end of wage-loss benefits or other wage replacement payments, and the
commencement of the permanent partial disability benefits.
Prior to implementing an income continuity payment, the Board must have considered
and offered to the worker all rehabilitation measures which are reasonable and might be
of assistance to the worker.
Amount of Payment
Continuity of income payments are based initially on the same rate as the wage-loss
benefit rate and will continue at that level until the permanent partial disability benefits
are granted, except in any of the following circumstances:
1. The worker has retired.
2. The worker is experiencing non-compensable medical, psycho-social or

financial problems which preclude active participation in the rehabilitation
process.
3. The worker refuses to actively participate in the rehabilitation process.
In the above circumstances, the Board will complete the employability assessment
required under section 196, and will provide a copy of that assessment to the worker.
Thirty days after the worker has been provided with a copy of the employability
assessment, the Board will adjust the income continuity rate to the rate which best
reflects the conclusions contained in the employability assessment regarding the
worker’s projected long-term earning capacity. However, the Board will not adjust the
rate at this point if, during the 30-day period based on new evidence, the Board decides
the employability assessment requires revision.
As part of the completion of the employability assessment and prior to adjusting the
income continuity rate, the Board must investigate the worker’s circumstances and must
consider the impact of the compensable disability on the worker’s decision to retire or
not to participate in the rehabilitation process.
Permanent Disability Benefits Reopenings
Continuity of income payments will also be considered for workers who are already
receiving permanent disability benefits on the claim, where the Board has reopened the
permanent disability decision and it is likely that the worker will receive a significant
increase in the worker’s permanent disability rating. As well, there must be evidence of
a deterioration in the worker’s medical condition which is likely to be permanent, and the
worker must be experiencing a reduction in income during the period which is related to
the reasons for the reopening. Benefit levels will be established in accordance with this
policy.
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CROSS REFERENCES: Policy item #40.12, Suitable Occupation;
Item C11-89.00, Vocational Rehabilitation − Employability Assessments
– Temporary Partial Disability and Permanent Partial Disability, of the
February 1, 2020 – Revised policy to update terminology and to clarify
when income continuity benefits are considered.
June 1, 2009 – Deleted references to Board officers and Board officers in
March 3, 2003 - Amendments to reference a reopening of a permanent
disability award, consequential to the Workers Compensation
Amendment Act (No. 2), 2002 (Bill 63 of 2002).
November 1, 2002 - Reformatted and revised policy to clarify that income
continuity allowances will be considered for workers who are likely to
receive a permanent partial disability award under then section 23(3) of
the Act. Replaced policy items #89.11 and #89.13 of the Rehabilitation
APPLICATION: Applies on or after February 1, 2020.

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Vocational Assistance for Dependent Spouses
and Dependants of Deceased Workers
BACKGROUND
This policy sets out vocational assistance that may be provided to spouses and
dependants of deceased workers.
2. The Act

Compensation to Injured Workers] as the result of the death of a worker,
the Board may make provisions and expenditures for the training or
retraining of a dependent spouse, regardless of the date of death.
Section 168:

(2) Unless a shorter period applies under this Division, the Board must make
periodic payments under this Division for the life of the person to whom
the payment is to be made.

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POLICY
Vocational Assistance for Dependent Spouses and Dependants of Deceased

Workers
If a worker’s death is compensable, the Board has statutory authority to provide

counselling and placement services to the dependent spouse and other dependants. In
addition, the Board has authority to make expenditures for the training of the dependent
spouse. The Board takes the initiative in determining the need and extent of these
services.
Sponsorship of Training for Dependent Spouses
The Board may offer training assistance to a dependent spouse where the training is
designed to improve the spouse’s earning capacity or effectiveness in the labour market
generally.
Eligibility
1. Dependent spouses who receive compensation in relation to the death of

a worker are eligible for training assistance.
2. Sponsorship of training will be considered for dependent spouses who

were not employed at the time of the worker’s death, or were employed in
occupations with limited financial prospects. Dependent spouses
employed in occupations with established career patterns at the time of
the worker’s death will not generally be considered for training assistance.
Where the dependent spouse was in a career pattern prior to the
marriage, and has the qualifications to return to that career pattern, the
Board would not normally support training except where the qualifications
required updating or upgrading to permit a return to that career pattern.
3. The dependent spouse’s need for training will be a prime consideration in

making a decision to sponsor a training program. This need will be
assessed according to such factors as the length of time that the spouse
has been out of the labour force, the impact of new technology on the
dependent spouse’s former occupation, and the financial impact of the
worker’s death on the household. If the dependent spouse has job-ready
skills in an occupation that has reasonable prospects, training assistance
will not normally be provided.
4. The dependent spouse’s eligibility for training sponsorship may be

considered regardless of the date of the worker’s death. The Board would
normally expect decisions under section 155(2) of the Act to be made

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CLAIMS MANUAL
within a year of the death. Any request received after that time would not
necessarily be denied, but the Board would be less likely to conclude that
the training was needed as a result of the death.
Guidelines
1. Before agreeing to sponsor a specific training program, the Board should

determine that the dependent spouse meets the entry requirements for the
training program and has a reasonable prospect of completing the
program successfully.
2. Assistance under section 155(2) of the Act is not limited to any particular
kind of training, except that, to be consistent with the general policy and
objectives of the Act, the program should be one that helps to improve the
earning capacity of the dependent spouse. Thus, in one case, it may be a
vocational training program for a particular occupation; in another case, it
may be a training course designed to improve the effectiveness of the
dependent spouse in the labour market generally.
3. With regard to a university or higher educational program, the Board may

include this for support under section 155(2) where it appears to be
needed to overcome the effect of the worker’s death; but this would not
involve support of a university program on an indefinite basis. Normally,
the support would not extend further than one educational level beyond
the qualifications that the dependent spouse has when the matter is
considered.
4. For assistance to be rendered, it is not necessary that there should be any

application. Assistance under section 155(2) may result from an
application by the dependent spouse, or it may result from an initiative and
proposal by the Board, or others concerned with the claim, with which the
dependent spouse may agree.
5. The sponsorship opportunities of other agencies are considered in

providing integrated service delivery, but their availability does not
diminish the Board’s primary service and funding responsibilities.
Expenditures
Sponsorship of formal training programs under section 155(2) of the Act will normally
include payment of:

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CLAIMS MANUAL
1. Tuition fees and necessary books, materials or equipment.
2. Travel costs and subsistence allowances, including temporary dependant

care, as set out in Section 6 of Item C10-83.10, where appropriate.
3. Additional living expenses may be paid as follows:
(a) The dependent spouse should not be expected to draw on savings

or other capital sums while undertaking a program of training
needed as a result of the worker’s death.
(b) The dependent spouse should be expected to use funds provided

through a monthly periodic payment of compensation from the
Board, Canada Pension Plan benefits, allowances from the
department continued under the Department of Employment and
Social Development Act (Employment and Social Development
Canada – “ESDC”), etc., to meet ordinary living expenses while
completing a training program. If the spouse’s income from such
sources falls below the minimum weekly level determined by the
Board, the Board will normally authorize the payment of a living
expenses allowance sufficient to raise the dependent spouse’s
income to the minimum rate of dependent spouse compensation.
The allowance for living expenses is payable to the dependent
spouse during the period required to complete the training program.
(c) The minimum rate of dependent spouse compensation is equal to

the weekly equivalent of 60% of 90% of the minimum average
earnings prescribed by section 169 for calculating compensation
payable to dependent spouses of deceased workers. This formula
is essentially the same as is set out in section 169 for calculating
the total compensation (including Canada Pension benefits)
payable to a dependent spouse where there are no dependent
children and the dependent spouse is either 50 years of age or
older, or has a physical or mental disability that results in the
spouse being incapable of earning.
(d) Whether or not a dependent spouse’s income falls below the

minimum, the Board may supplement the income of the dependent
spouse when the actual expenses incurred during the course of the
program exceed what is covered by the above items.

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CLAIMS MANUAL
Vocational Rehabilitation Services to Other Dependants of Deceased Workers
As long as no expenditures are involved, section 155(3) permits the Board to provide
counselling and placement services to other dependants of deceased workers when the
Board considers it advisable to make these services available.

CROSS REFERENCES: Item C8-56.00, Compensation on the Death of a Worker – Calculation of
Compensation – Dependent Spouse with Children;
Compensation – Dependent Spouse with No Children;
Item C10-83.10, Subsistence Allowances.
June 1, 2009 – Deleted references to Board officers in Vocational
Rehabilitation Services and updated reference to Human Resources and
December 31, 2003 – Consequential changes were made to this Item as
a result of legislative changes to the manner in which survivor benefits
were calculated under then section 17 of the Act. Those legislative
changes were retroactive to June 30, 2002.
November 1, 2002 – Reformatted and Revised policy. Replaced policy
items #91.00 and #91.20 of the Rehabilitation Services & Claims Manual,
Volume II. Applied to decisions made on or after November 1, 2002 on
claims adjudicated under the Workers Compensation Act,

C11-91.00
Page 5 of 5
CHAPTER 12
CLAIMS PROCEDURES
#92.00 INTRODUCTION
This chapter relates to the roles and responsibilities of workers, employers, physicians,
qualified practitioners, other persons authorized to provide health care, and the Board in
the making and adjudicating of compensation claims.
#93.00 RESPONSIBILITIES OF CLAIMANTS
#93.10 Report to Employer

Section 149 of the Act provides, in part:
(1) This section applies in relation to every occurrence of an injury or

disabling occupational disease to a worker in an industry that is within the
scope of the compensation provisions.
(2) As soon as practicable after the occurrence, the worker or, in case of
death, the worker’s dependant must inform the employer of the
occurrence as follows:
(a) the information provided must include
(i) the name of the worker,
(ii) the time and place of the occurrence, and
(iii) in ordinary language, the nature and cause of the injury or

disease.
(b) the information must be provided to the superintendent, first aid

attendant, supervisor or agent in charge of the work where the
injury occurred or to another appropriate representative of the
employer.
...
Where the worker’s condition results from a series of injuries rather than just one injury,
section 149(2) is complied with if the report to the employer is made as soon as
practicable after the last injury in the series.

12 - 1
Pursuant to section 149(3) of the Act, in the case of an occupational disease, the
employer who is to be informed of the death or disablement is the employer who last
employed the worker in the employment in relation to which the occupational disease
was due.
Where the worker is a commercial fisher, the “employer” to whom the fisher must report
is set out in section 10 of the Fishing Industry Regulations.
March 18, 2003 – Deleted reference to the Workers’ Compensation
Reporter Decision No. 223.
#93.11 Procedure for Reporting

There is no requirement as to the form of the notice. It may be written or oral. However,
section 149(4) provides that on the request of the employer, the worker must, if fit to do
so, provide to the employer particulars of the injury or occupational disease on a form
directed by the Board and supplied to the worker by the employer.
For the convenience of employers, the Board has prepared a form for the worker’s
report. This form, “Worker’s Report of Injury or Occupational Disease to Employer”, is
called Form 6A. As long as the employer uses exactly this form directed by the Board,
the worker is required by law to complete the form as long as fit to do so, and requested
to do so by the employer.
There is no law which prevents an employer from using another form for the purpose of
a worker’s report, and including such questions as the employer may wish. But if
another form is used, it must not be described as a form supplied or directed by the
Board, and the worker is not required by law to complete it.
If the employer does not have all of the information requested on the Form 7 (described
in policy item #94.11), the employer is not required to obtain it from the worker. The
obligation of an employer, when completing a Form 7, is to investigate the reported
injury or occupational disease and to provide the Board with the information obtained.
Many employers set up their own system of reporting to assist them in carrying out their
obligations. If the worker, however, reports to some other company official who was not
designated by the employer, this does not mean there is no compliance with the
worker’s responsibilities under the Act.
the Workers Compensation Act, R.S.B.C. 2019, c. 1. The principles set
out regarding an employer’s obligations when completing a Form 7 were
derived from Workers’ Compensation Board of British Columbia, W.C.B.
News, November – December 1975, 4.
May 2020 Volume II

12 - 2
#93.12 Failure to Report
Section 149(5) provides that a “Failure to provide the information required by this
section is a bar to a claim for compensation . . ., unless the Board is satisfied that:
(a) the information, although imperfect in some respects, is sufficient to

describe the worker’s injury or disease and the circumstances in which it
occurred,
(b) the employer or the employer’s representative had knowledge of the injury
or disease, or
(c) the employer has not been prejudiced, and the Board considers that the
interests of justice require that the claim be allowed.”
The evidence may show that it was practicable for a worker to report the injury, mental
disorder, or disease to the employer long before such a report was actually made. In
such a case, there will be “Failure to provide the information required by this section”
within the meaning of section 149(5).
#93.20 Application for Compensation

Section 151(1) provides that “An application for compensation must
(a) be made on the form directed by the Board or prescribed by regulation,

and
(b) be signed by the worker or the worker’s dependant making the

application.”
Where the Board receives a report that a worker has an injury, mental disorder, or
disease which will likely cause a loss of wages, it will automatically forward a Form 6,
Application for Compensation and Report of Injury or Occupational Disease. The
worker should complete this form and return it to the Board. In the case of someone
covered by personal optional protection, the application is made on a Form 6/7,
Independent Operator’s Application for Compensation and Report of Injury or
Occupational Disease, but a Form 6 may also be used.
For applications for compensation in respect of hearing loss, reference should also be
made to Section D. of Item C4-31.00. In the case of occupational diseases, reference
should be made to policy in Item C4-26.00.
CROSS REFERENCES: Item C4-31.00, Hearing Loss, Section D., of the Rehabilitation Services

12 - 3
HISTORY: October 21, 2020 – Amended to reflect amendment to limitation period
APPLICATION: Applies on or after October 21, 2020
#93.21 Time Allowed for Submission of Application

Section 151(2) provides that “If the Board is satisfied that compensation is payable, it
may be paid without an application.”
Except as provided in this section and section 152, no compensation is payable

unless an application for compensation is filed or determination under
subsection (2) of this section is made, within one year after the date of the
worker’s injury, mental disorder, death or disablement from occupational disease.
Section 151 is applied to claims for compensation for mental disorders under
section 135 as they are applied to claims for compensation for injuries under
section 134.
Where the worker's condition results from a series of injuries rather than just one injury,
section 151(3) is complied with if the application is filed within one year of the last injury
in the series.
The section is not complied with simply by reporting the injury to the first aid attendant
or having it confirmed by witnesses. The one-year period commences at the date of
injury, mental disorder or death, and except in the case of occupational diseases, not at
the date of subsequent disablement. In the case of occupational diseases, reference
should be made to Section A. of Item C4-26.00.

CROSS REFERENCES: Item C4-26.00, “Date of Injury” for Occupational Disease,
(Section A. General);
Policy item #93.22, Application Made Out of Time, of the
HISTORY: October 21, 2020 – Amended to reflect amendment to
limitation period provision in the Act by the Workers
August 14, 2020.
December 1, 2013 – Policy amended to clarify that then section 55
of the Act applied to claims for compensation of mental disorders
under then section 5.1, in the same manner as it is applied to
compensation for injuries under then section 5.

12 - 4
#93.22 Application Made Out of Time
Before an application for compensation can be considered on its merits, it must satisfy
the requirements of sections 151 and 152. It is important to distinguish between the
decision on the merits of the claim and the decision made under section 151 or
section 152, since the distinction may affect the rights of appeal which a person has to
challenge the decision. A separate decision on the effect of section 151 or section 152
must always be reached on a claim.
Section 151, in part, provides:

subsection (3) [see policy item #93.21],

(c) the application is filed within 3 years after the date referred to in
subsection (3).
(5) The Board may pay the compensation provided under this Part for the
period beginning on the date the Board receives an application for
compensation if
(a) an application is not filed within the period required to in

subsection (3),

(c) the application is filed more than 3 years after the date referred to
in subsection (3).
(1) The Board may pay the compensation provided under this Part if
(a) the application for compensation arises from a worker’s death or

disablement due to an occupational disease,
(b) sufficient medical or scientific evidence was not available on the

date referred to in section 151(3) for the Board to recognize the
disease as an occupational disease and this evidence became
available on a later date, and

12 - 5
(c) the application is filed within 3 years after the date that sufficient
medical or scientific evidence, as determined by the Board, became
available to the Board.
(2) If, since July 1, 1974, the Board considered an application for
compensation under the equivalent of this section or section 151 in
respect of a worker’s death or disablement from occupational disease, the
Board may reconsider the application but must apply subsection (1) of this
section in the reconsideration.
The general effect of these provisions is that two requirements must be met before an
application received outside the one year period can be considered on its merits. These
are:
1. Special circumstances must have existed that precluded the application

from being filed within that period, and
2. The Board must exercise its discretion to pay compensation.
The application cannot be considered on its merits if no such special circumstances

existed or the Board declines to exercise its discretion in favour of the worker. Each of
these two requirements of section 151(4)(b) must be considered separately.
1. Special Circumstances
It is not possible to define in advance all the possible situations that might
be recognized as special circumstances that precluded filing an
application. The particular circumstances of each case must be
considered and a judgment made. However, it should be made clear that
in determining whether special circumstances existed, the concern is
solely with the worker’s reasons for not submitting an application within
the one-year period. No consideration is given to whether or not the claim
is otherwise a valid one. If the worker’s reason for not submitting an
application in time are not sufficient to amount to special circumstances,
the application is barred from consideration on the merits, notwithstanding
that the evidence clearly indicates that the worker did suffer a genuine
work injury.
The following facts illustrate a situation where special circumstances were

found to exist. The worker incurred a minor right wrist injury on
October 20, 1976, which at the time caused no disablement from work and
did not require the worker to seek medical attention. There was,
therefore, no reason why the worker should claim compensation from the
Board, nor any reason why the worker’s doctor or employer should submit
reports to the Board. It was not until 1978 when the worker began to
experience problems with the right wrist that the worker submitted a claim
to the Board. It was only then that the worker was incurring monetary
losses for which compensation might be appropriate.

12 - 6
2. Discretion of the Board
Assuming the Board accepts that there were special circumstances that
precluded the worker from submitting an application within the one-year
period, the second requirement of section 151(4)(b) must then be dealt
with. The question arises as to whether or not the Board should exercise
its discretion to pay compensation.
Once special circumstances within the meaning of section 151(4)(b) have

been shown to exist, the Board should in general exercise its discretion
under that section in favour of allowing workers’ applications to be
considered on their merits. However, the Board cannot automatically
exercise its discretion in every case in this way without having regard to
the particular facts of each claim.
The exercise of the Board’s discretion depends on the extent to which the
lapse of time since the injury has prejudiced the Board’s ability to carry out
the necessary investigations into the validity of the claim. The length of
time elapsed will be a significant factor here, together with the nature of
the injury. Also significant will be whether there are witnesses or other
persons to whom the worker reported the injury and from whom the
worker sought treatment for it who are still able to provide accurate
statements to the Board. The Board will not exercise its discretion under
section 151(4) in favour of allowing an application to be considered where,
because of the time elapsed, sufficient evidence to determine the
occurrence of the injury and its relationship to the worker’s complaints
cannot now be obtained.
The facts of the case discussed above illustrate a situation where, even
though there were special circumstances precluding the worker from
submitting an application within the one-year period, the Board decided to
exercise its discretion against allowing the worker’s application to be
considered on its merits. The fact that the initial injury was a minor one
which caused no immediate problems and required no medical treatment
meant that it was impossible to obtain detailed evidence as to the real
nature of the original injury. Furthermore, this was a case where detailed
medical evidence of this nature would be particularly necessary since, on
the face of it, it would be hard to relate the worker’s complaints to such a
minor injury two years before.
The exercise of the Board’s discretion under section 151(4) may, in some
cases, appear in substance to be closely related to the question that
would arise on the merits of the claim as to whether the injury in question
occurred and whether it caused the worker’s subsequent complaints. If
there is now an inability to obtain evidence regarding the original injury,
that would normally mean that the claim would be disallowed on the merits
for lack of evidence to support it. On the other hand, there will be cases

12 - 7
where, notwithstanding the Board’s exercising its discretion in favour of
allowing an application to be considered the claim will nevertheless be
disallowed on the merits. For the reason connected with the appeals
system outlined at the beginning of policy item #93.22, it is always
necessary, in any event, to separate the decision on the merits and the
exercise of discretion under section 151(4).
Where an application for compensation received outside the one-year period is

considered on its merits by virtue of section 151(4)(b), the date of receipt of the
application will be the effective date for the purpose of calculating any entitlement to
interest under policy item #50.00.
March 3, 2003 – Inserted new wording of then section 55(3.3) of the
Workers Compensation Act, R.S.B.C. 1996, c 492.
#93.23 Adjudication without an Application

Section 151(2) provides that, “If the Board is satisfied that compensation is payable, it
may be paid without an application.”
In accordance with this provision, the Board may pay all the compensation due on a
claim without first receiving an application from the worker. However, the Board will not
normally do this in certain types of cases, notably the following:
1. The employer is objecting to the claim.
2. The claim is doubtful.
3. Permanent disability benefits may result.
4. In personal optional protection cases before wage-loss benefits are

payable.
5. Where a preliminary determination under policy item #96.21 is carried out.
6. In third-party and out-of-province cases.
7. Silicosis claims.
8. On fatal claims before compensation in relation to death of a worker can

be paid. A decision on the acceptability of the claim and the payment of
funeral expenses under section 166 and the lump-sum compensation
under section 167 can be made without an application.

12 - 8
Claims are generally not paid without a worker’s application form unless there is a
report from the employer or other equivalent documentation and a medical report on file.
The Board can however exercise discretion if the circumstances warrant a deviation
from this requirement.
The Board will not accept a claim and pay compensation if the worker indicates that the
worker does not wish to claim.
March 3, 2003 – Amended to reference preliminary determinations under
policy item #96.21.
#93.25 Signature on an Application for Compensation

Section 151(1)(b) provides that an application for compensation must be signed by the
worker or the worker’s dependant making the application. Printed signatures are not
acceptable, except in the case of claimants whose education has been in a different
script. A carbon copy of a signature is not acceptable.
An “X” in lieu of signature is acceptable if the worker is unable to sign because of the
injury or the worker is illiterate. Such a signature must be countersigned by a
responsible adult. It is preferable but not mandatory that the signature should read
“witnessed by” followed by the countersignor’s signature and address.
If the worker is unconscious, has a severe head injury, is of unsound mind, or has some
other condition which prevents the signing of an application, the Board may accept an
application signed by someone on the worker’s behalf. This might be a spouse, mother,
father, relative, etc. If the worker is married, the person who signs should normally be
the spouse. If the worker is single, it should normally be the mother or father.
Pursuant to section 121 of the Act, unless otherwise disabled, a worker under the age of
19 years can and should sign the application form.
CROSS REFERENCES: Policy item #49.00, Incapacity of a Worker, of the Rehabilitation Services
#93.26 Obligation to Provide Information

(1) A worker who applies for or is receiving compensation under this Part

12 - 9
Dependants] must provide the Board with the information that the Board
considers necessary to administer the worker’s claim.
(2) If a worker fails to comply with subsection (1), the Board may reduce or
suspend payments to the worker until the worker complies.
The Board operates under an inquiry system and as such, reasonable efforts are made
to obtain information directly from the source. However, it is recognized that, in the
course of administering a claim, the Board may have to rely on a worker to obtain
relevant information.
A worker’s obligation to provide information may arise at any time during the claim
cycle. Necessary information includes, but is not limited to, information related to the
worker’s compensable disability, pre- and post-injury earnings, tax status and Canada
Pension Plan disability benefits.
The Board will set a timeframe for the worker to provide the necessary information. The
timeframe may vary depending upon the nature of the information requested. However,
it should not extend past 30 days, except where the Board is satisfied that the worker is
making best efforts to obtain the necessary information.
Where the Board requires information from a worker that it considers necessary to
administer the worker’s claim, notification must be provided in writing. Notification to the
worker must specify:
• what information is required;

• the worker’s obligation to provide the information;
• the timeframe for compliance; and
• the consequences for failing to comply.
The Board may reduce or suspend a worker’s payments if, after providing written
notification of the obligation to provide necessary information and the consequences of
failing to comply, the worker:
• fails or refuses to supply the information within the specified timeframe; and
• does not have a valid reason for failing to comply.
If a worker has to obtain the information from a third party (e.g. the department
continued under the Department of Employment and Social Development Act
(Employment and Social Development Canada – “ESDC”) or the agency continued
under the Canada Revenue Agency Act (Canada Revenue Agency)), the Board must
be satisfied that the worker failed to take all reasonable steps to acquire the information
before determining that a worker has failed to comply.
The Board recognizes that, in the course of obtaining requested information from third
parties, certain fees may be levied. In these cases, the Board will provide
reimbursement for necessary and reasonable costs incurred by the worker.

12 - 10
When a worker fails to fulfill the obligation to provide information, the Board will
determine whether there was a valid reason. Payments will not be reduced or
suspended for non-compliance if there is a valid reason acceptable to the Board, such
as a sudden illness or a death in the family.
Once the worker has fulfilled the obligation to provide information, the Board will restore
payments for any period for which they were reduced or suspended.
This policy does not restrict the Board from pursuing all available courses of action in
response to fraud or misrepresentation.
June 1, 2009 – Updated reference to then titled Human Resources and
Skills Development Canada and Canada Revenue Agency.
#93.30 Medical Treatment and Examination

The obligations of an injured worker to undertake medical treatment and examination
are discussed in Item C10-73.00.
#93.40 Working While Receiving Wage-Loss Benefits

A worker is obliged to report to the Board any earnings which are received while being
paid wage-loss benefits. Such earnings will be taken into account in computing wage-
loss benefits under the rules discussed in policy item #35.00.
#94.00 RESPONSIBILITIES OF EMPLOYERS
#94.10 Report to the Board

Subject to policy items #94.12 and #94.13, section 150(1) of the Act provides that an
employer must report to the Board, within three days after its occurrence, every injury to
a worker that is or is claimed to be an injury arising out of and in the course of the
Subject to policy items #94.12 and #94.13, section 150(2) of the Act provides that an
employer must report to the Board, within three days after receiving information under
section 149, every disabling occupational disease or claim for or allegation of an
occupational disease in relation to a worker.
Section 150(3) of the Act provides that an employer must report immediately to the
Board the death of a worker if the death is or is claimed to be a death arising out of and
in the course of the worker’s employment.

12 - 11
The application of the above provisions to claims by commercial fishers is discussed in
sections 4 and 10 of the Fishing Industry Regulations.
HISTORY: October 21, 2020 – Amended to reflect amendment to employer’s
reporting obligations provision in the Act by the Workers Compensation
March 18, 2003 – Deleted references to the Workers’ Compensation
Reporter Decision Nos. 223 and 224.
APPLICATION: Applies on or after October 21, 2020
#94.11 Form of Report

The report must be on the form directed by the Board and must provide the following
information:
1. the name and address of the worker;
2. the time and place of the injury, disease or death;
3. the nature of the injury or alleged injury;
4. the name and address of any physician or qualified practitioner who

attended the worker; and
5. any other particulars required by the Board or by the regulations.
The report may be made by mailing copies of the form addressed to the Board at the
address specified by the Board.
The Board has directed forms for employers to report injuries, occupational diseases, or
deaths. These are as follows:
Form 7 Employer’s Report of Injury or Occupational disease
Form 9 Employer’s Subsequent Statement (Completed at the employer’s

option or at the Board’s request, as soon as the injured worker has
returned, or is able to work.)
The report must be approved by an authorized official of the employer other than the
worker.

12 - 12
#94.12 What Injuries Must Be Reported
Section 2 of the Reports of Injuries Regulations provides that a reportable injury is an
injury arising out of and in the course of a worker’s employment, or which is claimed by
the worker concerned to have arisen out of and in the course of such employment, and
in respect of which any one of the following conditions is present or subsequently
occurs:
(a) the worker loses consciousness following the injury;
(b) the worker is transported, or directed by a first aid attendant or other

representative of the employer to a hospital or other place of medical
treatment, or is recommended by such person to go to such place;
(c) the injury is one that obviously requires medical treatment;
(d) the worker states an intention to seek medical treatment;
(e) the worker has received medical treatment for the injury;
(f) the worker is unable or claims to be unable by reason of the injury to

return to the worker’s usual job function on any working day subsequent to
the day of injury;
(g) the injury or accident resulted or is claimed to have resulted in the

breakage of an artificial member, eyeglasses, dentures, or a hearing aid;
(h) the worker or the Board has requested that an employer’s report be sent
to the Board.
Section 150(7) provides in part that, “. . . the Board may make regulations as follows:
(a) establishing a category of minor injuries not required to be reported

under this section; . . .”
If none of the conditions listed (a) through (h) above are present, an injury is a minor
injury and not required to be reported to the Board unless one of those conditions
subsequently occurs.
AUTHORITY: Section 150 of the Act, and the Reports of Injuries Regulations, B.C.
Reg. 713/74.
HISTORY: September 1, 2020 – Housekeeping change to correct the title of
Reports of Injuries Regulations, B.C. Reg. 713/74.

12 - 13
#94.13 Commencement of the Obligation to Report
Section 3 of the Reports of Injuries Regulations provides that the obligation of the
employer to report the injury to the Board commences when a supervisor, first aid
attendant, or other representative of the employer first becomes aware of any one of the
conditions listed in section 2 of the Regulations (see policy item #94.12), or when
notification of any such condition is received by mail or telephone at the local or head
office of the employer.
An employer who protests a claim should take care not to delay the submission of the
Form 7 Employer’s Report to the Board. If the employer wishes to investigate further,
the employer should submit the Form 7 stating that an investigation report will follow,
and give reasons for the delay.
AUTHORITY: Section 150(7) of the Act;
CROSS REFERENCES: Policy item #94.11, Form of Report, of the Rehabilitation Services &
HISTORY: September 1, 2020 – Housekeeping change to correct the title of
#94.14 Adjudication and Payment without Employer’s Report

An employer is always given an adequate opportunity to submit a Form 7 Employer’s
Report before a claim is adjudicated in its absence. If a claim is adjudicated without a
Form 7 Employer’s Report and then, after adjudication to allow and pay the claim, the
employer’s report is received objecting to the acceptability of the claim, the Board will
investigate any of the matters raised in the objection. If, following investigation the
Board is satisfied that the claim was properly accepted, the employer will be advised of
the details and informed of the relevant rights of review and/or appeal. Payments to the
worker will be continued during the investigation unless there is evidence suggesting
fraud. If, following an investigation:
• within 75 days of when the decision on the claim was made, the Board is
satisfied that the claim should not have been accepted based on applicable law
and policy, and the merits and justice of the case, the Board may reconsider the
decision under section 123(1) of the Act; or
• after 75 days of when the decision on the claim was made, where the Board is
satisfied the decision contains an obvious error or omission, the Board may
reconsider the decision under section 123(3) of the Act.


12 - 14
HISTORY: October 29, 2020 – Amended to reflect amendments to reconsideration
March 3, 2003 – Inserted references to review, appeal and
reconsideration.
#94.15 Penalties for Failure to Report

Section 150(6) provides that “An employer who fails to make a report required under
this section commits an offence unless excused by the Board on the ground that the
report, for some sufficient reason, could not have been made.” The maximum fine for
committing this offence is set out in Appendix 5.
If a report required under this section is not received by the Board within 7 days
after an injury or death, or any other time prescribed by regulation under
subsection 7, [see policy item #94.13], the Board
(a) may make an interim adjudication of the claim, and
(b) if the Board allows the claim on an interim basis, may begin the
payment of compensation in whole or in part.
Section 262(2) provides that “If compensation is paid under section 150(8) before
3 days after the Board receives the report required by that section, that compensation
may be levied and collected from the employer by way of additional assessment . . .,
and payment may be enforced in the same manner as other assessments.”
Section 262(3) provides that if the Board is satisfied that the delay in reporting was
excusable, it may relieve the employer in whole or in part of the additional assessment
imposed under section 262 of the Act.
The Board follows the following procedure for making interim adjudications on claims
without employer reports, and levying corresponding assessments.
At the end of each six-month period, a review is undertaken of employers who have
been late in filing their reports of injury to the Board. As a result of this review, a first
letter may be sent out to defaulting employers informing them of their records over the
past six months and warning them of the effect of section 262 of the Act. At the end of
the following six-month period, any employers who received the initial letter and who
continue to default will receive a second letter. This will warn them that, on any future
claims if an interim adjudication is made under section 150(8) accepting the claim, they
will be charged with the full amount of costs incurred up to the elapse of three days after
the Board receives their employer’s report.

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Prior to charging the cost of any particular claim to an employer under section 262(2),
the Board will first send a letter asking if there is any reason why the employer should
be excused from the penalty. Following the employer’s reply or if there is no reply, the
Board will then make a decision and notify the employer.
Set out below are some reasons why employers may be excused for late reporting.
These are guidelines only, as each case must be considered individually.
1. The worker lays off some time after the day of the injury and when the
days are counted from the date of lay-off to the date of the Form 7’s
arrival, they number fewer than ten.
2. A report is requested by the Board to start a new claim after investigation

of a reopening indicates a new incident. However, the Form 7 must be
received within three days from the date the firm is notified of the new
claim.
3. The worker does not report the incident to the employer until some time
after the lay-off.
4. There is no wage loss involved and the employer was not aware the
worker sought medical attention.
5. The decision to accept the claim is made on the 11th day after the injury,
and the Form 7 arrived at the Board, but not on file, before the 10th day.
The costs charged to the employer will consist of all health care benefits, vocational
rehabilitation, and wage-loss benefits relating to the period in question, even if they are
not actually paid until some time afterwards.
The employer will continue to be charged with the costs incurred on claims on which the
employer is late in reporting until the overall reporting record is shown to have improved
sufficiently at a subsequent six-month review.
The term “interim adjudication” used in this context should not be confused with the
term “preliminary determination” when it applies to the processing of payments on an
apparently acceptable claim in the absence of some information which is likely to be
delayed. The latter procedure is set out in policy item #96.21. The requirements of the
preliminary determination procedure do not have to be met for an interim adjudication
under section 150(8). It is sufficient if the claim does appear to be an acceptable one
and is only being held up by the technicality of the employer’s failure to submit a report.
When the Form 7 Employer’s Report does arrive, it can be considered as evidence in
making the final adjudication of the claim. The rules set out in policy item #96.21
regarding the non-recovery of payments made under a preliminary determination also
apply here. If the employer’s report protests the acceptance of the claim, but the final
adjudication is that it remains allowed, the employer will receive the usual notification of
the relevant rights of review and/or appeal.

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The above procedure applies to pay employer claims (see policy item #34.40) and to
employers with deposit accounts, but not to personal optional protection or Federal
Government claims.
Unless the Board receives the Form 7 Employer’s Report, the interim adjudication
becomes the final decision on the acceptability of the claim and is subject to the
provisions of section 123 of the Act.
If the Board receives the Form 7 Employer’s Report, the final adjudication becomes the
final decision on the acceptability of the claim and is subject to the provisions of
The final adjudication does not constitute a reconsideration of the interim adjudication
for purpose of section 123 of the Act. Section 150(8) contemplates that a final
adjudication will be made, whenever the Form 7 Employer’s Report is received.
Policy item #94.13, Commencement of the Obligation to Report;
Policy item #96.21, Preliminary Determinations;
Item C14-103.01, Reconsiderations, of the Rehabilitation Services &
March 3, 2003 – Inserted references to preliminary determination and the
status of final adjudication for the purposes of then sections 96(4) and (5)
of the Workers Compensation Act, R.S.B.C. 1996, c. 492.
January 1, 1978 – the Board established a procedure for implementing
then sections 54(7) and (8) (to make interim adjudications on claims
without employer reports, and to levy assessments paid on these interim
adjudications, against employers).
#94.20 Employer or Supervisor Must Not Attempt to Prevent

Reporting
An employer or supervisor must not, by agreement, threat, promise, inducement,

persuasion or any other means, seek to discourage, impede or dissuade a
worker of the employer, or a dependant of the worker, from reporting to the
Board:
(a) an injury or allegation of injury, whether or not the injury occurred or is

compensable under the compensation provisions [of the Act];

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(b) an illness, whether or not the illness exists or is an occupational disease
compensable under the compensation provisions [of the Act];
(c) a death, whether or not the death is compensable under the compensation
provisions [of the Act];
(d) a hazardous condition or allegation of hazardous condition in any work to

which the OHS provisions [of the Act] apply.
The Board may impose an administrative penalty if it is determined that an employer

has violated section 73. The general criteria for calculating administrative penalties are
provided in the Prevention Manual at Item P2-95-5.
Item P2-95-5 also provides for the recovery of potential or actual benefits obtained from
non-compliance.
As an alternative to imposing an administrative penalty, the Board may refer the case to
Crown Counsel for consideration of prosecution.
CROSS REFERENCES: Item P2-95-5, OHS Penalty Amounts, of the Prevention Manual.
March 1, 2016 − Consequential housekeeping amendments made to
reflect changes to then Item D12-196-6, the OHS Penalty Amounts, of
the Prevention Manual, which became effective March 1, 2016.
#95.00 RESPONSIBILITIES OF PHYSICIANS/QUALIFIED

PRACTITIONERS
Section 163(1)(a) of the Act provides that it is the duty of every physician or qualified
practitioner attending or consulted on a case of injury to a worker, in any industry within
the scope of the compensation provisions of the Act, or of an alleged case of such an
injury, to provide reports in respect of the injury in the form required by regulation or
directed by the Board.
The first report containing all requested information in it must be provided to the Board
within three days after the date of the physician’s or qualified practitioner’s first
attendance on the worker.
If treatment continues, progress reports must be provided.
Section 163(1)(b) of the Act provides that the physician or qualified practitioner must
provide a report to the Board within three days after the worker is, in the opinion of the
physician or qualified practitioner, able to resume work and, if treatment is being
continued after resumption of work, to provide further adequate reports to the Board.
The duties described in this policy item apply to a psychiatrist or psychologist who
diagnoses a worker with a mental disorder under section 135(1)(b) of the Act.

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CROSS REFERENCES: Item C10-76.00, Physicians and Qualified Practitioners, of the
amendment of then section 5.1(1) of the Workers Compensation Act,
R.S.B.C. 1996, c. 492 and the introduction of then sections 5.1(2) to 4 of
APPLICATION: The amended policy applies to injuries on or after December 31, 2003.
#95.10 Form of Reports

The Board has prescribed forms for each type of report, the most common of which are
as follows:
Form 8 Physician’s First Report

Form 11 Physician’s Progress Report
Form 11A Physician’s Report and Account
Similar forms are provided for qualified practitioners and other persons authorized to
treat workers under the Act.
All medical reports must be signed by the person making the report with reference to
the professional designation of a partnership or clinic. The original report, not the
carbon copy, should be provided to the Board. Any change in status of a partnership or
clinic, or change in its address, should be reported to the Board without delay to assure
proper direction of payment.
#95.20 Reports by Specialist

Section 163(1)(c) of the Act provides that if the physician is a specialist whose opinion is
requested by the attending physician, the worker, or the Board, or if the physician
continues to treat the worker after the physician is consulted as a specialist, the
physician must provide the first report to the Board within three days after the
consultation is completed and, if the physician is regularly treating the worker, the
physician must provide further reports to the Board as required in paragraphs (a) and
(b) of section 163(1) (see policy item #95.00).
Section 1 of the Act defines a “specialist” as “a physician residing and practising in

British Columbia and listed by the Royal College of Physicians and Surgeons of Canada
as having specialist qualifications.”
CROSS REFERENCES: Policy item #95.00, Responsibilities of Physicians/Qualified Practitioners,

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#95.30 Failure to Report
Section 164(3) of the Act provides that physicians, qualified practitioners, or other
persons authorized to provide health care under the compensation provisions of the Act
who fail to submit prompt, adequate and accurate reports and accounts as required by
the Act or by the Board commit an offence. If a person fails to submit such reports and
accounts, section 164(4) provides that the Board may
(a) cancel the right of the person to be selected by a worker to provide health
care, or
(b) suspend the person for a period determined by the Board.
If the right of a person to provide health care is cancelled or suspended,

section 164(5)(a) provides that the Board must
(i) notify the person of the cancellation or suspension, and
(ii) inform the applicable governing body under the Health Professions
Act, and
Section 164(5)(b) of the Act provides that the person whose right to provide health care
is cancelled or suspended must also notify any injured workers who seek treatment
from that person of the cancellation or suspension.
The maximum fine for the offence committed under the Act is set out in Appendix 5.
The Board may refuse to pay accounts where reports are inadequate.
HISTORY: October 21, 2020 – Amended to reflect amendments to the Act by the
Workers Compensation Amendment Act, 2020 (Bill 23 of 2020), in effect
August 14, 2020.
#95.31 Payment of Wage-Loss Benefits without Medical Reports

Wage-loss benefits are normally paid on the basis of medical evidence supporting a
disability. This medical evidence is usually in the form of a signed medical report from a
physician or a qualified practitioner.
Exceptions can be made in cases of short-term disability where the worker receives
brief treatment from a first aid attendant or a hospital emergency department. If the
circumstances are in all other respects acceptable, and the facts support the conclusion
that the inability to earn full wages was a result of the injury, then wage-loss benefits
may be paid. Normally, wage-loss benefits should not be paid for periods of disability

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exceeding three days or in any case of occupational disease unless supported by
proper medical evidence.
Exceptions can also be made in cases of longer term disability. Where there is
evidence to support the existence of a disability, but there has been no receipt of a
medical report and where the claim has been adjudicated and accepted, a first payment
should be processed on the claim. Moreover, there must be some discretion to depart
from the principle that wage-loss benefits are to be paid only on medical confirmation of
disability. That confirmation may appear at the time the disability begins, some time
during the disability or, in some cases, after it has ceased. The question is always
whether the worker was disabled. The best evidence of that disability is almost always
medical evidence, but on some occasions, evidence from the worker or from other
sources may be sufficient to establish the existence and continuation of the disability.
In summary, if there is acceptable evidence of disability, and that evidence is clearly

documented, wage-loss benefits can be paid in the absence of medical reports although
these will, in almost all cases, be the most acceptable evidence.
The Board accepts reports received from nurses in remote locations as medical reports
if there is no physician in the immediate area.
#95.40 Obligation to Advise and Assist Worker

Section 163(1)(d) provides that the physician or qualified practitioner has the duty,
without charge to the worker, to give all reasonable and necessary information, advice,
and assistance they need to
(i) make an application for compensation, and
(ii) provide the certificates and proofs, required in relation to the

application.
This duty applies to a psychiatrist or psychologist who diagnoses a worker with a mental
disorder under section 135(1)(b) of the Act.

amendment of then section 5.1(1) of the Workers Compensation Act,
R.S.B.C. 1996, c. 492 and the introduction of then sections 5.1(2) to 4 of
APPLICATION: The amended policy applies to injuries on or after December 31, 2003.

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#96.00 THE ADJUDICATION OF COMPENSATION CLAIMS
Section 122(1) of the Act provides that “Subject to sections 288 and 289 [appeals to
appeal tribunal], the Board has exclusive jurisdiction to inquire into, hear and determine
all matters and questions of fact and law arising or required to be determined under the
compensation provisions [of the Act], and the action or decision of the Board on them is
final and conclusive and is not open to question or review in any court.”
Without restricting the generality of subsection (1), the Board has exclusive
jurisdiction to inquire into, hear and determine the following:
(a) whether a worker’s injury has arisen out of or in the course of an

employment within the scope of the compensation provisions [of
the Act];
(b) the existence and degree of a worker’s disability by reason of an

injury;
(c) the permanence of a worker’s disability by reason of an injury;
(d) the degree of impairment of a worker’s earning capacity by reason

of an injury;
(e) the existence, for the purposes of the compensation provisions [of
the Act], of the relationship of a family member of a worker;
(f) the existence of dependency in relation to a worker;
(g) the amount of the average earnings of a worker for purposes of

payment of compensation;
(h) whether a person is a worker, subcontractor, contractor or

employer within the meaning of the compensation provisions [of the
Act];
(i) the amount of the average earnings of a worker, whether paid in

cash or board or lodging or other form of remuneration, for the
purpose of levying assessments;
(j) whether an industry or a part, branch or department of an industry

is within the scope of the compensation provisions [of the Act] . . .;
(k) whether a worker in an industry that is within the scope of the

compensation provisions [of the Act] is within the scope of those
provisions and entitled to compensation under those provisions.

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An action may not be maintained or brought against the Board or a director,

officer or employee of the Board in respect of any act, omission or decision
(a) that was within the jurisdiction of the Board, or
(b) that the Board, director, officer or employee believed was within the
jurisdiction of the Board.
Proceedings by or before the Board must not be
(a) restrained by injunction, prohibition or other process or proceeding

in any court, or
(b) removed by certiorari or otherwise into any court.

March 3, 2003 – Amended to reflect the new wording of then
section 96(1) of the Workers Compensation Act, R.S.B.C. 1996, c. 492.
#96.10 Policy of the Board of Directors

Section 319 provides that the Board of Directors must set and revise as necessary the
policies of the Board of Directors, including policies respecting occupational health and
safety, compensation, rehabilitation and assessment. While Board officers and the
Workers’ Compensation Appeal Tribunal (“WCAT”) may make decisions on individual
cases, only the Board of Directors has the authority and responsibility to set the policies
of the Board.
The Board of Directors’ Bylaw re Policies of the Board of Directors, provides that as of
February 11, 2003, the policies of the Board of Directors consist of the following:
“(a) The statements contained under the heading “Policy” in the Assessment
Manual;
(b) The Occupational Safety and Health Division Policy and Procedure
Manual;
(c) The statements contained under the heading “Policy” in the Prevention
Manual;
(d) The Rehabilitation Services & Claims Manual Volume I and Volume II,
except statements under the headings “Background” and “Practice” and

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explanatory material at the end of each Item appearing in the new manual
format;
(e) The Classification and Rate List, as approved annually by the Board of
Directors;
(f) Workers’ Compensation Reporter Decisions No. 1 – 423 not retired prior
to February 11, 2003 (see Appendix 1); and
(g) Policy decisions of the former Governors and the former Panel of
Administrators still in effect immediately before February 11, 2003.”
The Bylaw further provides that after February 11, 2003, the policies of the Board of
Directors consist of the documents listed above, amendments to policy in the policy
manuals, any new or replacement manuals issued by the Board of Directors, any
documents published by the Board that are adopted by the Board of Directors as
policies of the Board of Directors, and all decisions of the Board of Directors declared to
be policy decisions. As of December 31, 2003, the Board of Directors’ policies do not
include the Occupational Safety and Health Division Policy and Procedure Manual. As
of December 11, 2013, the Board of Directors’ policies do not include any of Workers’
Compensation Reporter Decisions No. 1 – 423.
The Bylaw also directs that in the event of a conflict between policies of the Board of
Directors:
(a) if the policies were approved by the Board of Directors on the same date,
the policy most consistent with the Act or Regulations is paramount.
(b) if the policies were approved on different dates, the most recently
approved policy is paramount.
The Bylaw directs that the policies of the Board of Directors are published in print. It
also states that the policies may also be published through an accessible electronic
medium or in some other fashion that allows the public easy access to the policies of
the Board of Directors.
The Bylaw provides that the Chair of the Board of Directors supervises the publication
of the Workers’ Compensation Reporter. It will include decisions of the Board of
Directors and selected decisions of WCAT. It may also include key decisions of the
Courts on matters affecting the interpretation and administration of the Act or other
matters of interest to the community.
The Bylaw makes clear that WCAT decisions do not become policy of the Board of
Directors by virtue of having been published in the Workers’ Compensation Reporter. It
states that WCAT decisions are published in the Reporter to provide guidance on the
interpretation of the Act, the Regulations and Board policies, practices and procedures.

12 - 24
AUTHORITY: BOD Resolution No. 2003/02/11-04.
March 3, 2003 – Deleted references to how policy is to be applied.
#96.21 Preliminary Determinations

A preliminary determination on a claim will be made, to provide temporary financial relief
to the worker until the Board receives the information necessary to make a decision on
the validity of the claim, when the following conditions are present:
1. The worker appears to be currently disabled from work.
2. On the available evidence, it appears probable that the worker has a

compensable injury or occupational disease, or at least it appears that the
evidence is evenly weighted.
3. There is some significant delay in obtaining evidence necessary to arrive

at a conclusion on the validity of the claim, and the Board is unable to
avoid that delay.
4. The worker is not causing the delay.
5. The delay appears to be causing an interruption of income for the worker.

For example, the case is not one in which the worker is still being paid by
the employer or another source.
6. The claim is not a third party one. (See Chapter 16.)
7. An application for compensation has been received.
The above criteria apply whether or not the claim is protested by the employer.
When a preliminary determination is made, the following rules will apply:
1. Wage-loss benefits will be commenced, with an explanation to the worker,

employer and attending physician.
2. Payments of wage-loss benefits under the preliminary determination will

commence as of the date when the Board makes the determination.
Arrears of wage-loss benefits for any time period prior to that date will not
be paid until a decision on the validity of the claim is made, except that the
Board may pay such arrears on a preliminary determination to the extent
that this may be necessary to avoid hardship.
3. The Board will proceed to obtain the evidence necessary to reach a

decision on the claim as soon as possible.

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4. Health care benefit bills will not be paid under a preliminary determination.
If a preliminary determination has been made on a claim and there has
been a request for surgery, it will be handled in the same manner as with
other claims that have yet to be formally adjudicated. In such cases, the
patient and physician should proceed privately, pending a decision on the
claim. This principle also applies with respect to other medical referrals,
with the exception of a consultation with a specialist that may be paid on
an investigation basis.
5. If a preliminary determination has been made on a claim and payment of

wage-loss benefits has commenced, and subsequently a decision is made
to disallow the claim, then:
(a) no recovery of the payments will be made in the absence of fraud

or misrepresentation;
(b) the employer’s sector or rate group will be relieved of the cost of
any unrecovered payments pursuant to policy item #113.10.
The above rules governing preliminary determinations apply to applications to reopen a

previous claim as well as applications commencing new claims.
A preliminary determination made in accordance with this policy is not a “decision” for
the purposes of section 123. Rather, it is a Board administrative action that is intended
to provide temporary financial relief to the worker until the Board receives the
information required in order to make a decision on the validity of a claim. However,
once the Board receives the required information and makes a decision, that decision is
subject to the provisions of section 123.
CROSS REFERENCES: Chapter 16 − Third Party/Out-of-Province Claims;
Policy item #113.10, Investigation Costs, of the Rehabilitation Services &
March 3, 2003 – Amended to clarify that a preliminary determination is
made to provide temporary financial relief until the Board receives
information. Addition of requirement that an application for
compensation must have been received. Amendments substitute the
term "preliminary determination" for “interim decision” Addition of
statements discussing the application of then section 96(5) of the
Workers Compensation Act, R.S.B.C. 1996, c. 492. Policy applied to all
preliminary determinations made on or after March 3, 2003.

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#96.22 Suspension of Claim
If a report is submitted to the Board simply for the record, and if the worker did not
receive medical treatment or was not disabled from work, or no other costs were
incurred, no adjudication is necessary and the file will simply be marked “nothing to
consider”.
If information necessary to the adjudication of a claim can only be provided by the

worker, and the worker ignores a request for that information, refuses to provide it or
hampers the investigation, the claim may be suspended (see policy item #93.26
regarding a worker’s obligation to provide information).
If a claim file is opened, and it is later established that the claim will be fully
administered and paid by another Board under the terms of the Interjurisdictional
Agreement, the British Columbia file will be placed in suspense. (See policy
items #112.30 and #113.30.)
Wage-loss benefits may also be suspended in the following situations:
(1) if the worker leaves British Columbia without notifying the Board or
receiving prior consent from the Board (see Item C10-72.00);
(2) if the worker is being paid full salary by the Federal Government (see
policy item #34.30);
(3) if the worker refuses to accept the cheques;
(4) if a worker moves and the worker’s whereabouts are unknown.
If a claim has been suspended, all parties are notified of this fact and of the reasons for
it. This includes any party from whom an account has been received. When the
information required has been received or any other ground which gave rise to the
suspension has been removed, the suspension will be lifted. In that event, the parties
involved will again be notified.
Policy item #93.26, Obligation to Provide Information;
Policy item #112.30, Worker Also Entitled to Compensation Outside of
British Columbia;
Policy item #113.30, Interjurisdictional Agreements, of the Rehabilitation

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#96.30 Permanent Disability Benefits Decision-Making Procedures
The Board determines whether an actual or potential permanent disability is accepted
on a claim.
If the Board has accepted an actual or potential permanent disability, the Board then
determines the extent of the disability, and calculates the worker’s permanent disability
benefit entitlement.
In cases of minor disabilities, the Board may calculate the permanent disability benefits
entitlement without a medical examination if there is sufficient medical information on
file to complete the assessment. Except for those cases, the normal practice is for a
section 195(1) assessment to be conducted for permanent disability benefits purposes
by the Board or a Board-authorized External Service Provider (see policy item #39.01).
Although the evaluation is not the only medical evidence that the Board may use, it will
usually be the primary input.
The decision-making procedure for assessing entitlement to permanent disability

benefits for psychological impairment is discussed in policy item #39.01.
In those cases where the worker has a section 195(1) assessment, the Board is
required to notify the worker indicating the results of the evaluation and the conclusions
reached regarding the question of permanent disability benefits entitlement.
The final decision on the assessment of permanent disability benefits under section 196
is made by the Loss of Earnings Committee.
When the Board adjudicates requests for the commutation of permanent disability
benefits, it may obtain input from Vocational Rehabilitation Services before making a
decision.
CROSS REFERENCES: Policy item #39.01, Decision-Making Procedure under Section 195(1), of
June 1, 2009 − Inserted reference that a Board officer determines
whether an actual or potential disability is accepted on the claim.
Deleted references to Board officer in Disability Awards, Medical
Services and Consultant.
October 1, 2007 – Revised to delete references to memos and
memorandums.
July 2, 2004 – Revisions to the role of Board officers applied to all
decisions, including appellate decisions, made on or after July 2, 2004.

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#97.00 EVIDENCE
The term “onus” or “burden of proof” refers to who has the obligation to prove an issue
in question. The workers compensation system in British Columbia operates on an
inquiry basis, rather than an adversarial basis, so there is no onus or burden of proof on
the worker or employer. The Board gathers the relevant evidence and determines
whether it is sufficiently complete and reliable to arrive at a sound conclusion with
confidence. If not, the Board considers what other evidence might be obtained, and
must take the initiative in seeking further evidence.
The term “standard of proof” refers to the level of certainty required to prove an issue in
question. For decisions respecting the compensation or rehabilitation of a worker, the
standard of proof under section 339(3) of the Act is “at least as likely as not.” If, on
weighing the available evidence, the disputed possibilities are evenly balanced then
section 339(3) requires that the issue be resolved in a manner that favours the worker.
For other decisions, the standard of proof is the balance of probabilities. Balance of
probabilities means “more likely than not.”
It is important to distinguish between the standard of proof and the test for the issue in
question, such as causation. For example, for a worker to be entitled to compensation
for an injury, the worker’s employment has to be of causative significance in the
occurrence of the injury, which means more than a trivial or insignificant aspect of the
injury. The standard of proof applies to this determination, so the question for the Board
is whether it is “at least as likely as not” that the worker’s employment was more than a
trivial or insignificant aspect of the injury.
Although there is no burden of proof on the worker, the Act contains prerequisites for
benefits. Compensation will not be paid simply because, for example, a telephone call
is received from someone claiming to be a worker, who has been hurt, and was
disabled for a certain number of days. Some basic evidence must be submitted by the
worker to show that there is a proper claim. The extent of that basic evidence
necessary, and the weight to be attached to it, is entirely in the hands of the Board.
It is therefore not uncommon to see that a claim will be denied when a worker, away
from employment, begins to feel some pain and discomfort in the lower back, and
seeking to find a reason for this condition, thinks back to the work being done over a
period of time and concludes that the problem must have resulted from something
which occurred on a certain day when certain heavy work was being performed. The
question then arises whether there was anything other than the worker’s hindsight
which would allow the Board to conclude that the work done some weeks or months
previously had causative significance. It is at this point that investigation takes place
and the evidence is weighed. If the evidence does not support a finding it is “at least as
likely as not” that any activity at work was of causative significance in the reported
condition, at or near the time alleged by the worker, it can fairly be said that causation
has not been established. The worker has simply failed to present those fundamental
facts which bring the provisions of the Act into play.

12 - 29
June 1, 2009 – Deleted references to officer and Adjudicator.
#97.10 Evidence Evenly Weighted

proof under section 339(3) of the Act is “at least as likely as not.”
Complaints are sometimes received at the Board that a worker has not been given the
benefit of the doubt. Usually, these complaints relate to a situation in which the worker
has a disability, but the issue is whether it is one arising out of or in the course of the
worker’s employment. The essence of the complaint is often that if there is some
possibility that the injury arose out of the worker’s employment, the worker should be
given the benefit of the doubt. For the Board to take that view, however, would be
inconsistent with the terms of the Act. Where it appears from the evidence that two
conclusions are possible, but that one is more likely than the other, the Board must
decide the matter in accordance with that possibility that is more likely.
Under the terms of section 339(3), the Board is required to decide an issue in a manner
that favours the worker if it appears that “the evidence supporting different findings on
an issue is evenly weighted in that case”. This applies only if there is evidence of
roughly equal weight for and against the claim. It does not come into play if the
evidence indicates that one possibility is more likely than the other.
The Board, as a quasi-judicial body, must make its decisions according to the evidence
or lack of evidence received, not in accordance with speculations unsupported by
evidence. Section 339(3) of the Act applies when “the evidence supporting different
findings on an issue is evenly weighted in that case”. However, if the evidence before
the Board does not support a finding that a particular condition can result from a
worker’s employment, there is no doubt on the issue; the Board’s only possible decision
is to deny the claim. If one speculates as to the cause of a condition of unknown origin,
one might attribute it to the person’s work or to any other cause, and one speculated
cause is no doubt just as tenable as any other. However, the Board can only be
concerned with possibilities for which there is evidential support and only when the
evidence is evenly weighted does section 339(3) apply.

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March 3, 2003 – Updated to reflect the new wording of then section 99 of
#97.20 Presumptions
There are statutory presumptions in favour of workers or dependants already discussed
in earlier chapters. These are as follows:
(1) Section 134(3) provides that in cases where the injury is caused by
accident, if the accident arose out of the worker’s employment, unless the
contrary is shown, it must be presumed that the injury occurred in the
course of the worker’s employment; and if the accident occurred in the
course of the employment, unless the contrary is shown, it must be
presumed that the injury arose out of that employment. (See Item C3-
14.20.)
(2) Section 135(2) provides that if a worker who is or has been employed in
an eligible occupation:
• is exposed to one or more traumatic events arising out of and in the

course of the worker’s employment in that eligible occupation, and
• has a mental disorder that, at the time of the diagnosis under

subsection 135(1)(b), is recognized in the manual referred to in
subsection 135(1)(b) as a mental or physical condition that may arise
from exposure to a traumatic event,
the mental disorder must be presumed to be a reaction to the one or more

traumatic events arising out of and in the course of the worker’s
employment in that eligible occupation, unless the contrary is proved.
(See Section B. of Item C4-25.20.)
(3) Section 137 provides that if, on or immediately before the date of the
disablement, the worker was employed in a process or industry described
in column 2 of Schedule 1 opposite the occupational disease that has
resulted in the disablement, the occupational disease must be presumed
to have been due to the nature of the worker’s employment unless the
contrary is proved. (See Section A. of Item C4-25.20.)
(4) Subject to the exposure and date of first disability requirements of

section 139(4), section 139(2) provides that if a worker is disabled as a
result of a heart disease, and was employed as a firefighter on or
immediately before the date of disablement from the heart disease, the
heart disease must be presumed to be due to the nature of the worker’s
employment as a firefighter, unless the contrary is proved. (See
Section B. of Item C4-25.20.)

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(5) Subject to the exposure and first date of disability requirements of
section 139(4), section 139(3) provides that if a worker is disabled as a
result of a heart injury, and was employed as a firefighter on or
immediately before the date of disablement from the heart injury, the heart
injury must be presumed to have arisen out of and in the course of the
worker’s employment as a firefighter, unless the contrary is proved. (See
Section B. of Item C4-25.20.)
(6) Subject to subsections (2) and (3), section 140(1) applies to a worker who
is or has been a firefighter who contracts a primary site lung cancer or a
disease prescribed by the Firefighters’ Occupational Disease Regulation.
It provides that the disease must be presumed to be due to the nature of
the worker’s employment as a firefighter unless the contrary is proved.
(See Section B. of Item C4-25.20 and BC Reg 125/2009.)
(7) Section 143 applies to a deceased worker who, on the date of the
worker’s death, was under 70 years of age and had an occupational
disease of a type that impairs the capacity of function of the lungs. It
provides that if the death was caused by an ailment or impairment of the
lungs or heart of non-traumatic origin, it must be conclusively presumed
that the death resulted from the occupational disease. (See Item C4-
29.20.)
(8) Section 144 applies if:
• a worker is an applicant, as defined in the Emergency Intervention

Disclosure Act, who has obtained a testing order under that Act
respecting a source individual, as defined in that Act,
• the worker has contracted a communicable disease prescribed for the

purposes of the Emergency Intervention Disclosure Act,
• the worker came into contact with the bodily substance of the source
individual in the course of the worker’s employment, and
• test results obtained under the testing order indicated that the source
individual is infected with a pathogen that causes a communicable
disease contracted by the worker.
It provides that it must be presumed, unless there is evidence to the

contrary, that the communicable disease of the worker is due to the nature
of the worker’s employment. (See Section B. of Item C4-25.20.)
The Act contains no general presumption either in favour of the worker or against the
claim.

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CROSS REFERENCES: Item C4-25.20, Establishing Work Causation (Section B. Additional
Presumptions in the Workers Compensation Act), of the Rehabilitation
July 23, 2018 – Policy consequentially amended in accordance with
changes to then section 5.1 of the Workers Compensation Act,
R.S.B.C. 1996, c. 492, resulting from the Workers Compensation
Amendment Act, 2018, Bill 9 of 2018.
May 1, 2017 – Added to policy a reference to the firefighters’
presumption and communicable disease presumption provided in the
Act.
APPLICATION: Applies on or after July 23, 2018.
#97.30 Medical Evidence

It is the responsibility of the Board to make all the decisions relating to the validity of a
claim and to make all the decisions relating to compensation payments. This includes
decisions relating to medical as well as other aspects of the claim.
This does not mean, of course, that a lay judgment is preferred to a medical opinion on
a question of medical expertise. What it means is that the Board is responsible for the
decision-making process, and for reaching the conclusions on the claim. But this will, of
course, require an input of medical evidence, or sometimes other expert advice, on any
issue requiring professional expertise.
In reaching conclusions on a medical question, the guide-rules are set out below.
HISTORY: June 1, 2009 – Deleted references to Claims Adjudicator, Claims Officer,
the Disability Awards Officer and the Adjudicator in Disability Awards.
#97.31 Matter Requiring Medical Expertise

If the matter is one requiring medical expertise, the decision must be preceded by a
consideration of medical evidence (this term includes medical opinion or advice).
Medical evidence might consist of a statement in the Form 8 Physician’s First Report, or
some information or opinion from the attending physician, or it might consist of advice
provided from a Board Medical Advisor or another doctor. It is for the Board to decide
when medical evidence is needed, what kind of medical evidence is needed, and on
what questions.
CROSS REFERENCES: Policy item #95.10, Form of Reports, of the Rehabilitation Services &

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June 1, 2009 − Deleted references to Claims Adjudicator and Claims
Officer.
#97.32 Statement of Worker about Own Condition

A statement of a worker about the worker’s own condition is evidence insofar as it
relates to matters that would be within the worker’s knowledge, and it should not be
rejected simply by reference to an assumption that it must be biased. Also, there is no
requirement that the statement of a worker about the worker’s own condition must be
corroborated. The absence of corroboration is, however, a ground for considering
whether the worker should be interviewed by the Board, or telephone enquiries made,
or whether anything relevant could be discovered by having the worker medically
examined. A conclusion against the statement of the worker about the worker’s own
condition may be reached if the conclusion rests on a substantial foundation, such as
clinical findings, other medical or non-medical evidence, or serious weakness
demonstrated by questioning the worker, or if the statement of the worker relates to a
matter that could not possibly be within the worker’s knowledge.
June 1, 2009 – Deleted references to Claims Adjudicator, Claims Officer
and Board Medical Advisor.
#97.33 Statement by Lay Witness on Medical Question

A statement by a lay witness on a medical question may be considered as evidence if it
relates to matters recognizable by a layperson; but not if it relates to matters that can
only be determined by expertise in medical science. For example, a statement by a
fellow worker that he or she saw the worker suffering from silicosis would be worthless;
but a statement by a fellow worker reporting to have seen the worker bleeding from the
forehead would be evidence of a head wound. Statements made by a first aid attendant
or other categories of paramedical personnel can be considered insofar as they relate to
matters within the normal experience or training of that category of paramedical
personnel. But they must obviously be treated very cautiously if they go beyond that
into areas requiring greater medical expertise, or if they conflict with the opinion of a
doctor.
#97.34 Conflict of Medical Opinion

If there are differences of opinion among doctors, or other conflicts of medical evidence,
the Board must select from among them. The Board must not do it by automatically

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preferring the opinions of one category of doctors to another category, nor should it be
done by counting heads, so many opinions one way and so many another. The Board
must analyze the opinions and conflicts as best as possible on each issue and arrive at
its own conclusions about where the weight of the evidence lies. If it is concluded that
there is doubt on any issue, and that the evidence supporting different findings on an
issue is evenly weighted in that case, the Board must follow the mandate of section 339
and resolve that issue in a manner that favours the worker. (See policy item #97.10.)
It should never be assumed that there is a conflict of medical opinion simply because
the opinions of different doctors indicate different conclusions. A difference in
conclusion between doctors may or may not result from a difference in medical opinion.
For example, the difference could result from different assumptions of non-medical fact.
Where there are two or more medical reports or memos on file from physicians,
indicating different conclusions, the Board will not simply select among them as a first
step. The Board should first think about why they are different and consider whether
the relevant non-medical facts have been clearly established. The Board may seek
advice to determine whether the best medical evidence has been obtained and, for
example, find out if any appropriate medical procedures can be instituted that would
assist in arriving at a more definite conclusion.
If two or more medical reports or memos indicate a probable difference of medical

opinion and the issue is serious, the matter will normally be discussed with the
physicians involved.
The Board has no rule that states that the evidence of a physician is always to be
preferred to that of a chiropractor or other qualified practitioner. Reports from both
types of practitioner are acceptable evidence and are weighed on their merits. This
principle applies even if the referral to the practitioner is contrary to Board policy.
Should there, for example, be concurrent treatment by a physician and a chiropractor,
the Board might not pay for the chiropractor, but any chiropractor reports received must
be weighed as evidence. They are not ignored just because the referral was
unauthorized. (See Item C10-73.00.)
CROSS REFERENCES: Item C10-73.00, Direction, Supervision, and Control of Health Care;
Policy item #97.10, Evidence Evenly Weighted, of the Rehabilitation
issues of standard of proof and evidence.
June 1, 2009 – Deleted references to officers.
March 3, 2003 – Inserted new wording of then section 99 of the Workers

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#97.35 Termination of Benefits
If a treating physician expresses an opinion that a worker is disabled from work by
reason of a compensable disability, the Board may rely upon overall existing medical
evidence from a doctor who has examined the worker or other substantive evidence on
the file to reach a conclusion contrary to that opinion, or may decide to carry out further
investigation which may involve a Board medical examination.
HISTORY: June 1, 2009 – Deleted references to Claims Adjudicator, Claims Officer
and Board physician.

In cases of very minor disabilities, the Board may proceed to calculate permanent
disability benefits without a section 195(1) evaluation, if it is unnecessary having regard
to the medical evidence already available. Except for those cases, the normal practice
is for a section 195(1) evaluation to be conducted for permanent disability purposes by
the Board or an External Service Provider.
It is the responsibility of the Board to classify the disability as a percentage of total

disability. In doing this, it is proper for the Board to consider other factual and medical
evidence as well as the section 195(1) evaluation report prepared by the Board or the
External Service Provider. However, although the report of the Board or the External
Service Provider is not the only medical input that the Board may use, it will usually be
the primary input, and caution will be used in referring to any other medical opinion.
The section 195(1) evaluation report takes the form of expert evidence which, in the
absence of other expert evidence to the contrary, should not be disregarded. This does
not mean that the Board must adopt the percentage indicated by the section 195(1)
evaluation. It is always open to the Board to conclude that, although the functional
impairment of the worker is a certain percentage, the disability (i.e. the extent to which
that impairment affects the worker’s ability to earn a living) is greater or less than the
percentage of impairment.
The decision-making procedure for assessing entitlement to permanent disability

benefits for psychological impairment under section 195(1) of the Act is discussed in
policy item #39.01.
In making a determination under section 195(1), the Board will enquire carefully into all
of the circumstances of a worker’s condition resulting from a compensable injury.

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June 1, 2009 – Deleted references to officers in Disability Awards and
officer.
January 1, 2003 – References to prior Subjective Complaints policy
removed. Applied to new claims received and all active claims that were
then awaiting an initial adjudication.
#97.50 Rumours and Hearsay

Hearsay must only be used very cautiously as evidence, and rumour must not be used
as evidence at all. But even rumour is often valuable as a lead to investigation.
#97.60 Lies
A lie may be ground for drawing an adverse inference with regard to the facts to which it
relates. But it is not in itself ground for denying compensation, particularly when it
relates to something not relevant to the claim at all.
#97.70 Surveillance
Section 122 of the Act provides the Board with authority to investigate claims for
compensation. Under section 346 of the Act, the Board has authority to make
necessary inquiries and to appoint others to make such inquiries.
The Board is required to gather the evidence necessary to adjudicate claims, and
surveillance is one method to obtain such evidence. Surveillance is the discreet
observation of a worker, and includes video-recording, audio-recording, and
photographing the worker.
The Board conducts surveillance and uses surveillance evidence in compliance with
applicable legislation, including the Freedom of Information and Protection of Privacy
Act and the Canadian Charter of Rights and Freedoms.
Surveillance is a tool of last resort to be used when determining if a worker has

engaged in fraud or misrepresentation where there is other existing evidence of fraud or
misrepresentation and a strong likelihood the surveillance evidence will assist in
establishing the fraud or misrepresentation.
Director or Vice-President approval is required to approve surveillance requests.
Surveillance evidence is assessed by the Board for accuracy and relevancy to the
issues being decided, and is considered in conjunction with all other evidence.
The worker is given a reasonable opportunity to view and respond to surveillance

evidence before the Board finalizes any decision based on that evidence.

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CROSS-REFERENCES: #97.00, Evidence;
#99.00, Disclosure of Information;
#99.23, Unsolicited Information;
#99.35, Complaints Regarding File Contents, of the Rehabilitation
March 1, 2019 – Policy item added to address use of surveillance and
treatment of surveillance evidence.
APPLICATION: Applies on or after March 1, 2019.
#98.00 INVESTIGATION OF CLAIMS

In the majority of claims the issues are decided by reference to the information received
in the worker’s application and the employer’s and medical reports. Any insufficiency in
the information is usually made good by telephone, correspondence, or by informal
interview. In a minority of claims, a more formal inquiry, or medical examination, may
be necessary.
#98.10 Powers of the Board

(1) The Board has the same powers as the Supreme Court
(a) to compel the attendance of witnesses and examine them under

oath, and
(b) to compel the production and inspection of records and things.
(2) The Board may require depositions of witnesses residing in or out of

British Columbia to be taken before a person appointed by the Board and
in a manner similar to that established by the Rules of the Supreme Court
for the taking of depositions in that court.
Usually, the Board receives the willing cooperation of all concerned, and the power of
subpoena is not used as a normal routine.
March 3, 2003 – Amended to reflect the new wording of then section 87

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#98.11 Powers of Officers of the Board
The Board may act
(a) on the report of any of its officers, and
(b) in relation to an inquiry under this Part [Part 8 of the Act – Workers’
Compensation Board and General Matters], on the report of the
person making the inquiry as to the result of the inquiry.
(1) If the Board considers that an inquiry is necessary, the inquiry may be
made by an officer of the Board or by another person appointed by the
Board to make the inquiry.
(2) For the purposes of an inquiry under this section, the person making the
inquiry has the powers conferred on the Board under section 342
[authority to compel witnesses and production of evidence].
An officer of the Board or person authorized by the Board to make an inquiry

under section 346 or 347 may
(a) require and take affidavits, affirmations or declarations as to any

matter of the inquiry,
(b) take affidavits for the purposes of this Act, and
(c) in relation to these, administer oaths, affirmations and declarations

and certify that they were made.
The Board has ruled that, for the purpose of Division 5 of Part 8 of the Act – Board
Inquiry Powers − employees of the Board, who, in the performance of their prescribed
duties, do those things which are reserved to be done by an officer of the Board, are,
and have been, for matters arising out of the compensation provisions of the Act,
appointed officers of the Board.
March 3, 2003 – Amended to reflect the new wording of then section 88

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#98.12 Examination of Books and Accounts of Employer
(1) The Board, an officer of the Board or a person authorized by the Board for
this purpose may examine the books and accounts of an employer and
make any other inquiry the Board considers necessary to determine any of
the following:
(a) whether an industry or person is within the scope of the

compensation provisions [of the Act];
(b) the amount of the payroll of the employer;
(c) whether a statement provided to the Board under section 245

[employer to provide estimate of payroll] is an accurate statement
of the matters that are required to be stated in it.
(2) For the purpose of an inquiry under this section, the Board or person
authorized to make the inquiry may give notice in writing to an employer or
agent of the employer requiring the employer to bring or produce before
the Board or person, at a time and place specified in the notice, records in
the possession, custody or power of the employer touching or in any way
relating to or concerning the subject matter of the inquiry referred to in the
notice.
(3) The time specified in a notice under subsection (2) must be at least
10 days after the notice is given.
(4) An employer or agent named in and served with a notice under

subsection (2) must, at the time and place specified in the notice, produce
all records in accordance with the notice.
(5) A person who does any of the following commits an offence:
(a) obstructs or hinders the making of an inquiry under this section;
(b) refuses to permit such an inquiry to be made;
(c) neglects or refuses to produce the required records at the time and
place specified in the notice under subsection (2).
The maximum fine for committing this offence is set out in Appendix 5.

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#98.13 Medical Examinations and Opinions
The authority of the Board to require a worker to be medically examined is dealt with in
Item C10-73.00.
The medical resources of the Board cannot be used to provide a medical opinion to
anyone on request. The Board will, therefore, decline to provide a medical opinion if the
request does not come from someone authorized to make the request. Those
authorized are Board staff whose duties require an input of medical advice.
A Workers’ Adviser and an Employers’ Adviser have access to medical opinions already
on file, but have no right to require any further medical opinions to be produced.
CROSS REFERENCES: Policy item #109.10, Workers’ Advisers;
Policy item #109.20, Employers’ Advisers, of the Rehabilitation Services
HISTORY: January 1, 2015 − Consequential amendments were made arising from
changes to Chapter 10, Medical Assistance, Rehabilitation Services &
June 1, 2009 – Deleted references to Medical Advisor and officers.
March 3, 2003 – Deleted references to Review Division and Appeal
Division.
#98.20 Conduct of Inquiries

The Board operates on an inquiry as opposed to an adversary system. It does not, like
a court operating under the adversary system, decide between the arguments and
evidence submitted by two opposing parties at a hearing and limit itself to the material
presented at that hearing. While the judge under the adversary system has little or no
authority to carry out investigations, the Board is obliged by section 122 of the Act both
to investigate and to adjudicate claims for compensation. Oral hearings or interviews
are not always conducted before a decision is reached and, when they are conducted,
provide only part of the information relied on by the Board. The other written reports on
the file will also be considered. Such hearings are informal in nature and not subject to
the formal rules of evidence and procedure followed in court hearings.
#98.21 Place of Inquiry

For the purposes of claims adjudication, an officer of the Board may enter premises and
make such inspections as considered necessary, notwithstanding that another agency
may have inspection jurisdiction for accident prevention purposes. Where an inspection
is of a technical nature and can only be carried out by someone technically qualified,

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perhaps an Occupational Hygiene Officer, such technical personnel may be used to
make an inspection for the purposes of claims adjudication.
Where appropriate, the worker should be offered the opportunity to accompany the
Board officer on the workplace visit.
HISTORY: June 1, 2009 – Deleted references to Adjudicators and Claims
Adjudicators.
#98.22 Failure of Worker to Appear

If the worker fails or refuses to appear at an inquiry, the worker’s claim may be
suspended, or decided in the worker’s absence, or a further appointment may be
arranged.
#98.23 Representation
A worker has a right to bring a representative to any enquiry, both at first instance and
on appeal.
If the worker is unable to communicate effectively in English, an interpreter is arranged.

#98.24 Presence of Employer

If a worker is unrepresented, and the employer or employer’s representative appears, it
must be determined whether the employer is appearing on behalf of the worker. If the
employer is appearing on behalf of the worker, the worker will be asked (but not in the
presence of the employer) whether the worker has any objection to the employer being
present. If there is no objection, the employer can be invited to attend the interview. If
the worker does object, the employer will be asked to wait outside, and can be
interviewed separately.
If appearing against the worker, the employer is not allowed to be present at the
interview with the worker and must be interviewed separately. If there is any doubt as
to the employer’s intentions, the employer will be interviewed separately.
If a worker is represented, an employer may be permitted to be present even if the

employer is appearing against the worker.

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#98.25 Oaths
The oath is not administered as a normal routine in every inquiry, but is used when
considered appropriate.
If:
1. a person called to give evidence objects to taking an oath, or is objected

to as incompetent to take an oath, and the Board is satisfied of the
sincerity of the objection of the witness from conscientious motives to be
sworn or that the taking of an oath would have no binding effect on the
witness’ conscience;
2. or the Board is satisfied that the form or manner of oath which a person
called to give evidence declares to have a binding effect on the person’s
conscience is not such that it can be taken in the place where the inquiry
is being held, or that it is not fitting so to do, and the Board so directs,
Section 20(3) of the Evidence Act directs that the person must, instead of taking an
oath, make an affirmation. An employer or representative or a worker’s representative
need not be placed under oath unless they have something specific or pertinent to
contribute to the inquiry.
#98.26 Witnesses and Other Evidence

A worker may bring to an inquiry such witnesses, and may submit such verbal and
documentary evidence, as the worker thinks will be of assistance.
Wherever possible, witnesses will be interviewed separately without the worker being
present. They will not be present while the worker is being interviewed.
#98.27 Cross-examination
Under the inquiry system (contrary to the adversary system), there is no right of cross-
examination of the parties or witnesses. If, in the process of an inquiry, one of the
parties wishes to ask a question of the person whose evidence is being taken, the

12 - 43
question should be referred to the interviewer conducting the inquiry who, in turn, can
relay the question if it is felt it would be helpful.
Cross-examination may, however, sometimes be permitted.

#99.00 DISCLOSURE OF INFORMATION

The Board, for the purposes of administering the Act, collects and maintains information
for the purpose of adjudication and managing claims for workers or their dependants. In
order to carry out all aspects of this activity, the Board in a variety of situations discloses
information contained in claim files.
Provincial legislation, known as Freedom of Information and Protection of Privacy Act

(“FIPPA”) provides access for the public to the information maintained by the Board
while at the same time protecting personal privacy.
FIPPA differentiates among “personal information”, information relating to third party

business interests and other types of information in the possession of a Public Body
such as the Board. Personal information means recorded information about an
identifiable individual.
Freedom of information and protection of privacy can be competing principles in many

situations. Which principle is to be paramount in any particular case is sometimes
difficult to determine. Until advised otherwise by the Information and Privacy
Commissioner appointed under section 37 of FIPPA, openness prevails as far as
possible in the area of compensation services. Exceptions to access should be
narrowly construed. Since claim files deal with an identifiable individual, they contain
personal and sensitive information. The privacy provisions of FIPPA will, therefore,
prevail other than for the specific exceptions contained in FIPPA. Examples of such
exceptions include the rights in section 3(2) of a party to a proceeding to access
information, or the variety of exceptions listed in sections 33.1 and 33.2 such as the
need to comply with the requirements of a specific enactment of British Columbia or
Canada.
Sections 271 and 295 of the Act require a copy of records related to a matter under
review or appeal to be provided to the parties to a review or appeal.
Section 3(2) of FIPPA states that the Act does not limit the information available by law
to a party to a proceeding. A proceeding does not take place until either the worker or
the employer has initiated a formal review or appeal.
Before a review or appeal is initiated, the Board must apply FIPPA to requests for claim
information. Before a review or appeal is initiated, an employer is not entitled to a copy
of the worker’s claim file. Disclosure to an employer in such circumstances, is limited to
that information necessary for the adjudication or administration of the claim, that is on a
“need to know” basis. Once a review or appeal has been initiated, full disclosure is

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available to either a worker or an employer. These disclosure rules are considered to be
in accordance with FIPPA and the rules of natural justice.
Requests for disclosure for information in a situation not covered by the policies in this
Manual should be directed to the FIPP Department of the Board. These requests will
be considered on an individual basis in accordance with FIPPA.
Dispute Resolution
A request for a review of the FIPP Department’s decision by the Information and Privacy
Commissioner may be made within 30 days of the date the person asking for the review
is notified of the latest decision.
The Chair of the board of directors has ultimate responsibility within the Board for
implementation of FIPPA for the purposes of workers’ compensation.
June 1, 2009 – Deleted references to Manager and Service Delivery
Locations.
March 3, 2003 – Reference added to the provision of copies of records
related to a matter under review or appeal.
#99.10 Disclosure of Issues Prior to Adjudication

If a claim is protested by an employer, the Board is required to investigate the matter.
In most cases this investigation involves contact with the worker. Normally, most
workers at that time become aware of the protest. In some situations a protested claim
may be quickly resolved and the claim accepted. In such cases workers may not be
aware of the protest.
As part of the investigation which precedes a decision to disallow a claim, the Board in
virtually every case will have communicated with the worker. These communications
may be by telephone, in person or in writing. Through the medium of these
communications the worker is made aware of the nature of the problem and has an
opportunity for input and comment. If, however, for some reason the Board concludes
that a claim may not be acceptable, the worker is contacted before a decision is
reached. The contact provides the worker with an opportunity for input and comment.
In situations involving serious cases or complex issues where no prior contact has been
made with the worker, the details should be communicated in writing. Where this is
done, the possibility of obtaining assistance from a union official or other adviser may be
brought to the worker’s attention.
Written authorization is required in order to release information to any advocate,

representative or other person designated by the worker or employer. Once received,
the Board will cooperate with and notify workers’ or employers’ advocates or

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representatives of any decisions which have been made and communicated to the
worker or employer.
If an employer has protested a claim which, upon investigation, appears to be valid, the
Board should, before making the decision, phone the employer to ensure that the
employer is aware of the issues relevant to the protest and has an opportunity to
comment.
June 1, 2009 – Deleted references to Adjudicator.
January 1, 2005 – Housekeeping amendment to require written
authorization for disclosure.
#99.20 Notification of Decisions

1. Definitions
A “decision” is a determination of the Board to give, deny, reconsider or limit entitlement

to benefits and services, or impose or relieve an obligation, pertaining to compensation
or rehabilitation matters under the compensation provisions of the Act or policy.
An “affected person” is a worker, dependant of a deceased worker, or an employer; or a

person who claims to be an affected person, who is directly affected by a decision and
may request a review or appeal of that decision.
2. Communicating Decisions
A decision is made, for the purpose of triggering the timelines for reconsiderations and
reviews, on the date the decision is communicated to the affected person.
If the decision is communicated to affected persons on different dates, the statutory

timelines commence on the date the decision is first communicated to an affected
person.
The Board also communicates decisions to an affected person’s advocate or

representative if valid authorization is in place.
In occupational disease claims, where there are a number of different employers

identified, but none of the employers is responsible for 20% of the exposure or more,
decision letters and review and/or appeal information are sent to the employers’
association that best represents the appropriate sector and rate group of that industry.
A. Written Communication
The Board will communicate the following decisions through a decision letter:

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• Decisions on whether a claim is accepted, denied or rejected;
• Decisions on initial entitlement to wage-loss benefits, permanent disability

benefits, dependant benefits, and vocational rehabilitation assistance;
• Decisions on initial and long-term average earnings;
• Decisions that deny or limit benefits to a worker;
• Decisions regarding the re-opening of a matter previously decided;
• Decisions resulting from the reconsideration process;
• Decisions regarding the acceptance of a compensable consequence;
• Decisions that have been protested by the employer; and
• Decisions on whether an employer may be granted a relief of costs.
The communication of the above decisions in writing triggers the timelines for
reconsideration and review. The fact that a decision was not communicated in writing
does not void the decision.
If one of the above decisions is not communicated in writing, the Board will determine
whether the decision was satisfactorily communicated through other means, for
example, verbally, through the payment or termination of compensation, or the referral
of a worker for medical treatment or examination, in order to determine the timelines for
reconsideration and review.
A decision letter will include an explanation of the relevant rights of review and/or
appeal, and should, where appropriate, include the following elements:
1. The matter being adjudicated;
2. The evidence that was considered;
3. An explanation of the weight apportioned to the evidence and the reasons

for the weighting;
4. Review of on-going communication with the worker where the relevant

issues were discussed and details of the worker’s response;
5. Reference to any relevant sections of the Act or Board policy;
6. The formal decision; and
7. An explanation of the impact of the decision on payment of compensation

or entitlement to other benefits or services.

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Decision letters are provided to persons directly affected by the decision.
Before a review or appeal is initiated, the type of information from a worker’s claim that
can be disclosed to the employer and/or authorized advocates and representatives is
limited. Disclosure of personal and medical information is limited to information that is
relevant to the claim and the issues involved, and that the employer has a need to
know. The same approach applies for notification of decisions to health care providers,
such as physicians and pharmacists.
If a decision is provided in writing and mailed to an affected person, the decision is

deemed to have been communicated on the 8th day after it was mailed. Therefore, the
reconsideration timeline starts at the end of the 8-day mailing period.
B. Verbal and Other Communication
The Board may also communicate decisions such as health care decisions or
administrative actions, verbally. Examples of the types of decisions the Board may
communicate verbally include:
• a decision to approve an additional two weeks of physiotherapy benefits

beyond the initial entitlement period; or
• a referral to a specialist.
When a decision is communicated verbally, an explanation of the rights of review and/or

appeal will be verbally provided to the affected person. The verbal communication also
should, where appropriate, include an explanation of the decision in accordance with
the elements of a decision letter.
Documentation on the claim is sufficient evidence that verbal communication of the

decision, including the reasons for the decision and notice of review and appeal rights,
has occurred.
A copy of the written record of the decision is provided upon request following the verbal
communication of a decision; however, it does not constitute a new decision. The
statutory timelines for reconsiderations and reviews commence from the date of the
verbal communication.
The Board may communicate decisions through the ongoing payment of temporary or
permanent disability benefits, the payment of health care invoices, or the final payment
of temporary disability or health care benefits, where the decision is uncontested and/or
is in favour of the worker.
For example, if a claim is allowed for ongoing wage-loss benefits and there has been no
protest from the employer, the Board does not provide a letter outlining the reasons for
the continued payment of benefits.

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3. Finding of Facts
A finding of fact is not a decision. It is the factual basis on which a decision is made.
Findings of fact may change based on new information and are not subject to the limits
on the Board’s reconsideration authority.
A finding of fact may not be reviewed or appealed in the absence of an expressed or

implied decision under review or appeal.
4. Rejected Claims
The term “reject” is different than a “disallow” and refers to a claim where:
1. a self-employed worker has no personal optional protection;
2. the worker was employed by an employer not covered under the Act;
3. a report was submitted in error. Normally, this occurs when a physician,

on the basis of a misunderstanding, submits a report in error.
If a claim is rejected, notification of the review and/or appeal procedures is provided to

the person making the claim.
April 1, 2010 – Amended to provide a definition of decisions; clarify when
a decision is made and how it is communicated; define a finding of fact;
and confirm that rights of review and appeal are communicated on
rejected claims.
June 1, 2009 – Deleted reference to “send a cheque” and replaced with
“may make a payment”.
authorization for disclosure, and to clarify appropriate disclosure
principles.
March 3, 2003 – Inserted references to evenly weighted evidence and
the rights of review and/or appeal.
#99.22 Procedure for Handling Complaints or Inquiries About a

Decision
The Board frequently receives letters, telephone calls and visits from workers,
employers and their representatives concerning the decisions the Board makes on
claims. Generally, the party in question will be either asking for further explanation of
the decision or expressing dissatisfaction with the substance of the decision.

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If the worker or employer is requesting further explanation, this should be given. In the
case of advocates and representatives, disclosure of information will only be provided if
proper written authorization is in place. If, however, dissatisfaction is expressed with
the substance of the decision, the policy outlined in Item C14-103.01 is followed. This
policy is intended only to cover situations where the worker, employer or representative
is dissatisfied with the substance of a decision on a claim. It is not intended to cover
complaints concerning the general administration of the claim, for example, delays in
processing.
At no time is a letter expressing dissatisfaction with the substance of a decision to be

simply committed to the claim with no further action taken.
June 1, 2009 − Deleted references to officers and manager in the
Compensation Services Division.
authorization for disclosure of information.
March 3, 2003 – Inserted reference to Item C14-103.01 and deleted
references to Review Board.
#99.23 Unsolicited Information

Unsolicited information will not be placed on the worker’s claim until it has been
assessed for relevancy and accuracy.
If the Board receives unsolicited information about a worker, the following principles
apply:
1. Unsolicited information that is clearly irrelevant to the administration of the

worker’s claim will be destroyed.
2. Unsolicited information that appears to be relevant or potentially relevant

to the administration of the worker’s claim will be investigated for
accuracy.
3. If, after investigation, the information is determined to be inaccurate or its

accuracy is unknown, the information will be destroyed, including any
record that initiated the investigation, the investigation report, and any
documentation obtained in connection with the investigation.
4. If, after investigation, the information is determined to be accurate, a final

assessment as to relevancy will be made.
5. If accurate information is considered to be irrelevant to the administration

of the worker’s claim, the information will be destroyed, including any

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record that initiated the investigation, the investigation report and any
documentation obtained in connection with the investigation.
6. If accurate information is considered to be relevant or potentially relevant

to the administration of the worker’s claim, the information is placed on the
worker’s claim as follows:
(a) anonymous information — The investigation report and any

documentation obtained in connection with the investigation will be
placed on the claim. The record that initiated the investigation will
be destroyed and the claim will state that the investigation was
initiated on the basis of information received.
(b) information from identified source — The record that initiated the
investigation, the investigation report and any documentation
obtained in connection with the investigation will be placed on the
claim.
An identified source will be advised that the information may be disclosed

to the worker. If the identified source wishes to become anonymous at
any time, the information will be treated as anonymous information under
(a) above. If the identified source wishes to remain identified, this will be
recorded on the worker’s claim.
7. If only some of the information is accurate and only some of the accurate
information is relevant or potentially relevant to the administration of the
worker’s claim, the record that initiated the investigation will be destroyed
and reference will only be made on the worker’s claim to information that
is both accurate and relevant or potentially relevant.
8. If, during the investigation, accurate information is discovered that is

unrelated to the subject matter of the unsolicited information, but is
relevant to the administration of the worker’s claim, that information will be
recorded separately on the worker’s claim.
9. If unsolicited information is found to be accurate and relevant or potentially

relevant to the administration of the worker’s claim, the worker will be
advised of the information and given an opportunity to comment.
Complaints about the accuracy and relevancy of unsolicited information
will be dealt with according to policy item #99.35.
CROSS REFERENCES: Policy item #99.35, Complaints Regarding File Contents, of the

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#99.24 Notification of Permanent Disability Benefits
When permanent disability benefits are granted, the letter advising of the compensation
will include the permanent functional impairment evaluation report on which the benefits
have been based. It will also contain the percentage rate of disability assessed. If the
case is one of Proportionate Entitlement, the letter will state the nature and extent of the
pre-existing disability and the nature and extent of the further disability. A copy of the
letter is sent to the employer. This letter will include information regarding the relevant
rights of review and/or appeal.
Other than to the employer or the worker, the amount being paid per month for
permanent disability benefits will only be disclosed to public or private agencies in
accordance with the criteria for disclosure as set out in policy item #99.50.
The amount of the capital reserve is disclosed to the employer when notified of the
permanent disability benefit. The reserve amounts will be given to the worker on
request.
CROSS REFERENCES: Policy item #44.00, Proportionate Entitlement;
Policy item #99.50, Disclosure to Public or Private Agencies, of the
March 3, 2003 – Amended regarding references to review and appeal.
#99.30 Disclosure of Claim Files

The claim file is the master file for recording information used in the adjudication and
administration of a claim. Information may exist outside of the claim file. However, all
evidence used in the adjudication of the claim is contained in the claim file. Medical
opinions, as well as any further comments, are all recorded on, and become part of, the
claim file.
Sensitive personal information that is received, which has not been specifically
requested and which is not relevant to the adjudication or administration of the claim will
not become part of the claim file. It will normally be destroyed. However, where the
original document is still in the Board’s possession, it will be returned to the sender
when requested by the worker or sender.
Discretion is necessary in documenting the file to ensure that rumour or innuendo is not
mistakenly reported as fact where it is unsupported or cannot be verified. Comments
regarding claimants, employers and other persons involved in the claim are confined to
relevant matters which have been observed personally or for which there is other
supporting evidence. Observations should be confined to the particular circumstances

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of the claim or other matter and should not make general comments about an
individual’s personality. Comments should be worded in the least offensive way
possible and avoid derogatory terms.
In recognition of the sensitive nature of sexual assault claims where the employer is
alleged to be the perpetrator of the assault, all such cases, regardless of the residence
of the worker, are assigned to the Sensitive Claims Area. Disclosure of these claim files
for review or appeal and other legal purposes is administered by the Sensitive Claims
Area.
HISTORY: June 1, 2009 – Deleted references to Adjudicator, Board officers,
physicians, Board Medical Advisors, Manager and Board staff.
March 3, 2003 – Inserted reference to review.
#99.31 Eligibility for Disclosure

Disclosure of their claim files is provided to a worker or dependant on request. Only one
copy is provided and no fee is charged for this disclosure.
After a review or appeal has been initiated, an employer may obtain disclosure. An
employer may obtain disclosure even though the worker has not requested disclosure.
Disclosure will be provided to the representative of the employer or worker if authorized

in writing.
Where there is a valid review or appeal in process regarding a matter arising under a
claim to which another claim is also relevant, disclosure to the employer will also be
allowed of the other claim. However, there must be a request for disclosure of that
particular claim. The Board will not accept requests of a general nature for any files
which may be relevant to the reviewable or appealable decision or the issue under
review or appeal.
A worker may submit a request for update disclosure where information has been
added to the file since the previous disclosure. Where disclosure has been granted to a
worker, dependant or employer in situations involving a review or appeal, file updates
are automatically provided up to the time the review or appeal is heard. The file may be
inspected if it is so desired.
HISTORY: March 3, 2003 – Amended regarding reference to review.
#99.32 Provision of Copies of File Documents

A copy of all the documents on the claim file will be sent out automatically on receipt of
a request for disclosure from a worker or an authorized representative.

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Where an employer has a right to receive disclosure of a claim file, that disclosure will
consist of the same disclosure which would be granted to the worker.
Only one copy of each claim file is provided. The person entitled to disclosure must
decide whether the copy is to go to them or to an authorized or a designated advocate
or representative or, if there is more than one, which of them should receive the copy.
File copies may be mailed out or picked up at a Board office.
No fees are charged to workers for the copy of their claim files. Fees are also not
charged to employers for a copy of claim files where they are entitled to disclosure.
May 1, 1993 – Disclosure fees terminated for the provision of copies of
assessment files, claims files, and occupational safety and health files to
authorized persons for the purposes of appeals and certain other
proceedings (see Governors’ Decision No. 37 (1993) 9:3 W.C.R. 337.)
#99.33 Personal Inspection of Files

If the recipient of the copies wishes, an appointment may be made to inspect the file in
person.
Personal inspection of the file may take place at the Board’s Richmond office or at any
other Board office outside the Richmond area by prior appointment only. The office
used in each case will be the one closest to the requestor’s residence, unless another
office is specifically named.
Any person attending at a Board office to view a file in person or to pick up copies will
normally be required to provide personal identification containing the person’s
photograph (e.g. driver’s licence) and a social insurance card.
Explanations about what is in the file must be sought from the person or body dealing
with the matter, a Workers’ Adviser, an Employers’ Adviser, or the person’s own
representative.
HISTORY: June 1, 2009 – Deleted references to Board officers.
#99.34 Disclosure
As soon as practicable, after a request for a review has been filed, the Board must
provide the parties to the review with a copy of its records respecting the matter under
review.

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As soon as practicable after the Board has been notified by the Workers’ Compensation
Appeal Tribunal that an appeal has been filed, the Board must provide the parties to the
appeal with a copy of its records respecting the matter under appeal.
If it is not a review or appeal situation, a worker may obtain disclosure from the Board.
Where disclosure is available pursuant to the disclosure policies and it is desired simply
to inspect the original file in person at an office of the Board, without receiving a copy of
the file or after the receipt of a copy, the request may be made directly to the Board
office concerned.
Requests for disclosure involving information relating to sexual assault claims where the
employer is alleged to be the perpetrator of the assault will be referred to the Sensitive
Claims Area (see policy item #99.30).
HISTORY: June 1, 2009 – Deleted references to Client Service Managers of the
appropriate Service Delivery Location and outside the Richmond area.
March 3, 2003 – Added provision for disclosure after request for review
and after appeal filed to WCAT. Deleted reference to address where
requests for disclosure must be submitted by employers and workers.
Applied to all decisions made on or after March 3, 2003.
#99.35 Complaints Regarding File Contents

Only where it is personal information which is irrelevant to the claim, does the Board
permit the deletion or removal from claim files of statements or documents to which a
worker, employer or other person referred to on the file objects. A person making an
objection as to the accuracy of file information will be allowed to place on the file
statements or material to rebut the statements to which there is an objection. However,
the Board will not make a ruling on a dispute over the accuracy of file information save
when it is necessary in the normal course of events for the purpose of reaching a
decision on the merits of the claim or other matter. Where the person making the
objection is the worker, anyone who had access to the file in the one-year period prior to
the annotation to the record will be informed.
A complaint that a comment on a Board file is pejorative may be forwarded to the

President. If it is concluded that the comment is pejorative, the comment will be
stamped, or annotated electronically where appropriate, to identify the comment as
pejorative and to refer the reader to the correcting documentation.
#99.40 Tape Recordings of Interviews

Where an enquiry interview has been conducted by the Board, a copy of the tape
recording of the interview will be supplied upon request to the worker or the worker’s
authorized or designated representative. If a review has been requested or an appeal
has been filed, a copy may also be provided to the employer or the employer’s
authorized representative.

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A person being interviewed, or any other person entitled to be present at an enquiry,
may, if desired, record the proceedings.
March 3, 2003 – Inserted reference to review.
#99.50 Disclosure to Public or Private Agencies

Where a public or private agency requests disclosure of all or part of a claim file, the
Board will only comply with the request in keeping with the provisions of the Freedom of
Information and Protection of Privacy Act (FIPPA). The following are the more common
examples where disclosure will be provided in response to such a request:
(a) Where an appropriate signed consent has been received from the worker.
(b) To any agency having statutory authority allowing access to personal

information.
(c) To comply with a subpoena, warrant or order issued or made by a court,

person or body with jurisdiction to compel the production of the
information.
(d) To a member of the Legislative Assembly who has been requested by the
worker to assist in resolving a problem.
(e) If the Board determines that compelling circumstances exist which affect
the health or safety of an individual.
AUTHORITY: Section 235 and 349 of the Act.
#99.51 Legal Matters

If a staff member is directly served with a subpoena, the Board’s General Counsel or
delegate must be advised immediately. If a request is received from a lawyer for
information from a claim file, the request is forwarded to the Records Management Edit
Clerk.
At the request of the Board’s General Counsel, a Director or designate will be asked to
respond to a subpoena or other request for information from a lawyer.
HISTORY: June 1, 2009 – Deleted references to Compensation Services Division,
Adjudicator and Board officer.

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#99.52 Other Workers Compensation Boards
The Board has authorized the exchange of copy documents with other Boards. The
Board will also inform other Boards of the amount of any permanent disability benefits
being paid to a worker by this Board.
#99.53 Government of Canada

In referring workers to a department of the Government of Canada for assistance in job
placement, the Board may, with the worker’s signed consent, furnish that department
with a brief description of the worker’s physical limitations.
#99.54 Canada Pension Plan

The Board will take all reasonable steps to assist a disabled worker in obtaining benefits
to which the worker may be entitled. The Board will provide the Canada Pension Plan,
on request and with the worker’s release, a report setting out the facts pertaining to the
claim, a report to include the date and nature of the accident, the nature of the injury, a
very brief résumé of the medical findings and the medical assessment of the remaining
permanent disability. The Canada Pension Plan is provided with the names of
practising doctors who had been involved in the case. There is no charge for this
information.
The F.I.P.P. Office of the Board handles requests from the Canada Pension Plan for
information. Where the Board receives a request authorized by the worker or by
statute, the F.I.P.P. Office provides the Canada Pension Plan with copies of documents
specified in the request. Any charge for this service is paid by the Canada Pension
Plan.
June 1, 2009 – Deleted reference to Medical Services Department and
updated reference to F.I.P.P. Office.
September 3, 1996 – Policy that F.I.P.P. Office handles Canada Pension
Plan requests came into effect.

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#99.55 Ministry of Social Development and Poverty Reduction
If the Ministry of Social Development and Poverty Reduction has a debt owing to it, the
Board will disclose to the Ministry the amount of any compensation being paid by the
Board.
CROSS REFERENCES: Policy item #48.22, Social Assistance Payments, of the Rehabilitation
HISTORY: June 1, 2009 – Updated reference to Ministry of Housing and Social
Development.
#99.56 Police
Information may be disclosed to police departments for the purpose of contacting a next
of kin or for the purposes of a law enforcement proceeding.
#99.57 Government Employees Compensation Act

Where an election form signed by the worker is on file, information contained in third
party claims for employees covered under the Government Employees Compensation
Act may be released to the Government of Canada in order to properly pursue the right
of action to which it is subrogated.
#99.60 Information to Other Board Departments

For inspection and prevention purposes, the details of any claims received where there
is a potential to prevent further recurrences of the situation are referred to the
Prevention Division. Examples of this would be scaffolding collapses, explosions,
excavation cave-ins, dangerous work practices, etc. Referral is also made in every
case where a worker complains about work safety conditions. Where the Board
becomes aware of an excessive number of injuries of the same type or even of a
different type with one employer, a notification of this observation is also sent to the
Prevention Division.
HISTORY: June 1, 2009 – Deleted references to Claims Adjudicators and Claims
Officers.
#99.70 Media Enquiries or Contacts

Unless designated as a media spokesperson, staff at the Board are to refer all media
enquiries or contacts to the Communications Department.

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HISTORY: June 1, 2009 – Updated reference to the Communications Department.
#99.80 Insurance Companies

On receipt of a signed consent from the worker or dependant, information from a claim
file to which the worker or dependant would have access may be disclosed to an
insurance company. The signed consent must be directed specifically to the Board and
clearly state the information which may be released. It should also refer to a specific
claim or specific claims, and must have been signed within 24 months of its date of
receipt. See also policy item #48.20.
CROSS REFERENCES: Policy item #48.20, Money Owing by Worker to Other Agencies, of the
#99.90 Disclosure for Research or Statistical Purposes

The Board may disclose personal information for a research purpose, including
statistical research, only if:
(a) the research purpose cannot reasonably be accomplished unless that

information is provided in individually identifiable form or the research
purpose has been approved by the Information and Privacy
Commissioner.
(b) any record linkage is not harmful to the individuals that information is
about and the benefits to be derived from the record linkage are clearly in
the public interest.
(c) the Board has approved conditions relating to the following:
(i) security and confidentiality;
(ii) the removal or destruction of individual identifiers at the earliest

reasonable times;
(iii) the prohibition of any subsequent use or disclosure of that

information in individually identifiable form without the express
authorization of the Board, and
(d) the person to whom that information is disclosed has signed an agreement
to comply with the approved conditions, the provisions of the Freedom of
Information and Protection of Privacy Act and any of the Board’s policies
and procedures relating to the confidentiality of personal information.

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#100.00 REIMBURSEMENT OF EXPENSES
Set out below are the rules relating to the reimbursement of expenses for people
attending at the Board or elsewhere in connection with claims or Review Division
inquiries.
The principles relating to expenses incurred in connection with medical examinations

and treatment and vocational rehabilitation programs are dealt with in Item C10-83.00
and Item C10-83.10.
The Board may be ordered by the Workers’ Compensation Appeal Tribunal to pay
certain expenses. Section 7 of the Workers Compensation Act Appeal Regulation (B.C.
Reg. 321/2002) provides that the Board may be ordered by the Workers’ Compensation
Appeal Tribunal to reimburse a party to an appeal under Part 7 of the Act for the
following kinds of expenses:
• expenses associated with attending an oral hearing or otherwise participating

in a proceeding, if the party is required by the Workers’ Compensation Appeal
Tribunal to travel to the hearing or other proceeding;
• expenses associated with obtaining or producing evidence submitted to the

Workers’ Compensation Appeal Tribunal; and
• expenses associated with attending an examination required under

However, the Workers’ Compensation Appeal Tribunal may not order the Board to
reimburse a party’s expenses where those expenses arise from a person representing
the party or the attendance of a representative of the party at a hearing or other
proceeding related to the appeal.
January 1, 2015 − Consequential amendments were made arising from
changes to Chapter 10, Medical Assistance, Rehabilitation Services &
March 3, 2003 – Amended regarding references to the Review Division,
the Workers’ Compensation Appeal Tribunal and section 7 of the
APPLICATION: To adjudicative decisions on or after the effective date.
#100.10 Workers
In addition to the specific requirements set out below, the worker must satisfy the
general requirements in Item C10-83.00 and Item C10-83.10 for the payment of
transportation costs and subsistence allowances.

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#100.12 Claims or Review Inquiries
Where a worker is attending a claims or review inquiry, the payment of expenses is
discretionary. There will be no undertaking to pay expenses and no advance.
1. If the claims inquiry or review results in a decision for the worker, the
discretion will normally be exercised in favour of payment. But payment
should be refused if it is concluded that the inquiry or review was brought
about unnecessarily by the worker.
For example, payment might be refused on a review where it is concluded

that the denial of the claim in the first instance resulted from misleading
information supplied by the worker.
2. If the claims inquiry or review results in a decision against the worker,

payment of expenses will normally be refused. But payment may be
allowed if there is special reason. An example might be, where, although
the claim was unfounded, the bringing of the review resulted from
misleading reasons for the decision being given in the first instance.
These provisions apply only if people are notified to come for a formal claims or review
inquiry. Expenses are not reimbursed for people coming to the Board to make
enquiries, or for ordinary discussions.
March 3, 2003 – Amended regarding references to review.
#100.13 Amount of Expenses

The amount of expenses paid is calculated in accordance with the rules set out in Item
C10-83.00 (transportation costs) and Item C10-83.10 (subsistence allowances for
meals, accommodation, and lost time from work where the worker is not already in
receipt of wage-loss benefits or vocational rehabilitation benefits from the Board).
the Workers Compensation Act, R.S.B.C. 2019, c. 1, including
renumbering from policy item #100.14 to policy item #100.13.
#100.14 Worker Resides Outside British Columbia

The general principle stated in Item C10-83.00 is that, where the Board is paying travel
costs of a worker located outside British Columbia, it will only pay the portion
attributable to travel in British Columbia. This also applies to claims and review
inquiries, but there are some exceptions to this principle which apply here.

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If a worker resides outside British Columbia and is specifically requested by the Board
to attend a claims inquiry or a review by the Review Division, the full cost of the trip will
be paid by the Board.
renumbering from policy item #100.14 to policy item #100.14.
changes to Chapter 10, Medical Assistance, Rehabilitation Services and
June 1, 2009 – Deleted references to Medical Review Panel.
March 3, 2003 – Inserted references to review.
#100.20 Employers
The expenses of an employer’s representative may be reimbursed on the same basis
as for a worker, except that compensation for lost time from work is not payable.
Not more than one employer’s representative will be eligible for reimbursement for
attendance at a claims inquiry or a review by the Review Division unless the second or
other representative is needed as an additional witness.
renumbering from policy item #100.15.
March 3, 2003 – Amended regarding references to the Review Division.
#100.30 Witnesses and Interpreters

The expenses of a witness or interpreter will be paid when they have been subpoenaed
or have been requested to attend by the Board.
In other cases, the expenses of an independent witness will be paid where, following
the claims inquiry or review by the Review Division, it appears that it was reasonable for
the worker or employer as the case may be to have assumed, prior to the claims inquiry
or review by the Review Division, that the attendance of the witness would be
necessary. (If a worker or employer intends to bring more than two witnesses, or
intends to bring any witness from a distance of more than twenty-five miles, they should
check first by telephone with the Board.)
Where the expenses of a witness are payable, the amount will be the same as for a
worker. A subsistence allowance for income loss under Item C10-83.10 will be paid for
lost time from work. The applicable maximum and minimum will be those in effect at the
time the lost time is incurred.

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changes to Chapter 10, Medical Assistance, Rehabilitation Services and
June 1, 2009 – Deleted reference to officer or review officer.
March 3, 2003 – Inserted reference to the Review Division.
#100.40 Fees and Expenses of Lawyers and Other Advocates

No expenses are payable to or for any advocate. Nor does the Board pay fees for legal
advice or advocacy in connection with a claim for compensation. (See policy item
#48.10.) The Board will not pay the legal costs of a worker or employer in connection
with court proceedings to challenge a Board decision beyond what it may become
subject to pay following the court’s decision under the general law of costs.
CROSS REFERENCES: Policy item #48.10, Solicitors’ Liens, of the Rehabilitation Services &
#100.50 Expenses Incurred in Producing Evidence

If a worker incurs expense in producing evidence of a kind which the Board would have
sought had it not been produced by the worker, these expenses will be reimbursed by
the Board as an item of administrative cost. In this connection, it makes no difference
whether the expense was incurred directly or through a lawyer or other representative.
However, confusion should not be made between the expenses incurred by the lawyer
or other representative on behalf of the worker and the fees of the lawyer or
representative for work done. Only the former are reimbursable.
The cost of medical reports obtained by a worker or employer will also be paid by the
Board if, following the claims inquiry or review by the Review Division, it appears
reasonable for them or their representative to have assumed, prior to the claims inquiry
or review by the Review Division, that the provision of the report was necessary. These
costs may be paid even if, after the matter is concluded, it is determined that they had
not specifically served to assist in the enquiry.
The Board, in a decision on a claim, refused to pay for medical reports obtained by a
worker’s lawyer. Although it was a normal and prudent action on the part of a
responsible lawyer to seek information in order to acquaint himself properly with the
client’s problem before pursuing it before the Board, the information contained in the
reports could have been obtained from the worker’s attending physician at no cost. A
simple request to the attending physician, together with a release from the worker,
would have been sufficient.
It is not the Board’s intention that workers or employers should incur costs in obtaining
evidence, for example, accountants’ fees for producing earnings information. Rather,
the general approach is that the worker or employer should advise the Board of possible
sources of information and the Board should carry out the necessary inquiries. This

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may, for example, require the Board to request that the worker provide information
considered necessary to administer the claim (see policy item #93.26).
March 3, 2003 – Inserted references to the Review Division.
#100.60 Decision on Expenses

With regard to claims inquiries, any necessary decisions relating to expenses are made
by the Board. With regard to reviews or appeals, decisions relating to expenses are
made by the Review Division or the Workers’ Compensation Appeal Tribunal,
respectively.
March 3, 2003 – Inserted references to the Review Division and the
#100.70 The Awarding of Costs

The provisions in policy item #100.00 to policy item #100.60 relate to the payment of
expenses by the Board. An order for the payment of costs by one party to another
under section 343 of the Act is a separate matter, and is an alternative that may be
considered in an appropriate case.
(1) This section applies in relation to a contested claim for compensation or

any other contested matter.
(2) The Board may award to the successful party an amount the Board
considers reasonable to meet the expenses to which the party has been
put by reason of or incidental to contesting the matter.
(3) An order of the Board for payment by an employer or worker of an amount

awarded under this section, when filed in the manner provided for the filing
of certificates under section 264(2) [collection of unpaid assessment],
becomes a judgment of the court in which the order is filed and may be
enforced accordingly.
A “contested claim”, for the purposes of section 343, is one in respect of which there
has been a review by the Review Division by the worker or the employer.

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An award under section 343 might be made on a review but only in unusual cases. The
section is limited to cases where the worker or employer abuses their respective rights
under the Act. For instance, the worker or employer may put the opposite party to the
expense of an appeal for no good reason. In other words, it may appear that a review
was pursued simply because the right to request a review existed and without any
substantial grounds on which the position could be argued.
An award will not likely be made under section 343 in favour of a successful appellant.
Section 343(2) requires that the expenses in respect of which the award is made be “by
reason of or incidental to contesting the matter.” Since the appeal will be proceeded
with and resolved whether or not it is opposed by the other party, it cannot normally be
said that the expenses of the appellant are due to the other party’s “contesting” the
review. If the review is not opposed by the other party, the reasons for not making an
award become even stronger.
Section 6 of the Workers Compensation Act Appeal Regulation (B.C. Reg. 321/2002)
provides that the Workers’ Compensation Appeal Tribunal may award costs related to
an appeal under Part 7 of the Act to a party if the Workers’ Compensation Appeal
Tribunal determines that:
• another party caused costs to be incurred without reasonable cause, or

caused costs to be wasted through delay, neglect or some other fault;
• the conduct of another party has been vexatious, frivolous or abusive; or
• there are exceptional circumstances that make it unjust to deprive the

successful party of costs.
June 1, 2009 – Deleted reference to Medical Review Panel.
March 3, 2003 – Inserted references to review and section 6 of the
#100.71 Application for Costs by Dependant

On an application under the predecessor to section 311 of the Act, the Board certified
that the defendant to a third party action was not an employer under the Act. The
plaintiff then applied for an order for costs of the proceedings before the Board to be
paid by the third party defendant. The Board determined that:
“. . . the authority of the Board to enforce payment of an order for costs is limited to an
order for payment by an employer, or by a worker. The Third Party in this case is
neither an employer nor a worker under [then] Part 1, and the Board has therefore no
authority to make an order for costs against the Third Party. It may well be that this
limitation under section 100 [now section 343] has a historical explanation that does not

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reflect any rational policy currently relevant. But it is a clear limitation in the Act, and it
must therefore be followed.”
The question arises whether an award under section 343 can be made in favour of the
dependants of a deceased worker. Such an award would not contradict the previous
determination, as the person against whom it would be made is an employer under the
Act. However, it was considered unfair to make such an award if the employer could
not get a like award against the dependant. Therefore, an award of costs will not be
made in favour of a dependant of a deceased worker against an employer.
March 3, 2003 – Amended regarding reference to section 11 of the
#100.72 What Costs May Be Awarded?

It would not be reasonable to make an order for costs against a worker or employer in
respect of an expense which the Board would not allow under the rules set out in policy
item #100.00 to policy item #100.50. Therefore, an award of costs will not include the
fees of lawyers and other persons paid to them for advice or advocacy in connection
with a claim for compensation.
#100.73 Decisions on Applications for Costs

Only in rare cases will a review by the Review Division be sufficiently without merit to
justify an award under section 343.
March 3, 2003 – Amended reference to the Review Division.
#100.75 Implementation of Review or Appeal Decision Directing

Reassessment or Redetermination
It may happen that, instead of reaching a specific finding on a matter, the Review
Division or the Workers’ Compensation Appeal Tribunal will direct that the Board
reassess or redetermine something, for example, permanent partial disability benefits.
The Review Division or the Workers’ Compensation Appeal Tribunal finding is properly
implemented if the reassessment or redetermination is carried out even if the conclusion
reached is the same as the one that was previously reviewed by the Review Division or
appealed to the Workers’ Compensation Appeal Tribunal. However, if the Board officer
implementing the Review Division or the Workers’ Compensation Appeal Tribunal
finding is the same one who made the original decision against which the review or
appeal was made, and if that person’s decision is still negative, the matter is to be

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referred to a different Board officer for a second look. If a difference of opinion results
from the second look, the decision of the second Board officer will prevail.
If, in addition to directing the reassessment or redetermination, the Review Division or

the Workers’ Compensation Appeal Tribunal makes some specific findings of fact, for
example, that the worker was unable to carry out certain jobs, the Board is bound by
those findings.
If the reassessment or redetermination results in no change in the original Board

decision, a review or an appeal lies back to the Review Division or the Workers’
Compensation Appeal Tribunal, respectively.
June 1, 2009 – Deleted references to Compensation Services Division.
March 3, 2003 – This policy item was moved from Chapter 13 and
amended to include references to the Review Division or the Workers’
Compensation Appeal Tribunal.
#100.80 Payment of Claims Pending Appeals
#100.81 Appeals to the Review Division – New Claims

The general practice is that no payment is made on a new claim until there has been an
adjudication that the claim is valid.
When a decision is made to allow a claim that has been protested by an employer, the
employer will be advised of the decision and reasons, where possible by telephone, and
given an opportunity to provide any additional information. This is similar to the
requirement in policy item #99.10 that a worker be advised if the indication on a claim is
that it may be disallowed. If the decision remains that the claim should be allowed,
payments will be commenced immediately and a letter explaining the decision and
reasons will be sent to the employer. The letter will advise the employer of their right to
request a review by the Review Division.
Section 270 of the Act provides that an employer can request a review up to 90 days
from the decision allowing a claim.
If the Review Division reverses the decision to allow the claim, payments are
immediately terminated but no attempt is made to recover payment incorrectly made to
the worker, unless there was evidence of fraud or misrepresentation. The employer’s
sector or rate group will be relieved of the claim costs pursuant to policy item #113.10.
CROSS REFERENCES: Policy item #48.41, When Does an Overpayment of Compensation
Occur?
Policy item #113.10, Investigation Costs, of the Rehabilitation Services &

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June 1, 2009 – Deleted reference to Claims Department.
March 3, 2003 – Replaced policy item #105.10, which was deleted from
Chapter 13 and amended to include references to the Review Division.
#100.82 Appeals to the Workers’ Compensation Appeal Tribunal –

Reopening of Matters Previously Decided
If a decision is made to reopen a matter under section 125 of the Act, the employer is
advised in writing. If the employer objects to this decision, the employer will be advised
of the right to appeal directly to the Workers’ Compensation Appeal Tribunal under
section 289.
If the Workers’ Compensation Appeal Tribunal reverses the decision to reopen the
matter, payments are immediately terminated. No attempt is made to recover payments
incorrectly made to the worker unless there was evidence of fraud or misrepresentation.
The employer’s sector or rate group will be relieved of the claim costs pursuant to policy
item #113.10.
CROSS REFERENCES: Policy item #113.10, Investigation Costs, of the Rehabilitation Services &
June 1, 2009 – Deleted reference to Claims Department.
March 3, 2003 – Replaced policy item #105.20, which was deleted from
Chapter 13 and amended to include references to the Workers’
#100.83 Implementation of Review Division Decisions

(1) If, following a review under this Part [Part 6 – Review of Board Decisions],
a review officer’s decision requires payments to be made to a worker or a
deceased worker's dependants, the Board must
(a) begin any periodic payments, and
(b) pay any lump sum due under section 167 [payment to dependent
spouse or foster parent].
(2) In the absence of fraud or misrepresentation, an amount paid under

subsection (1) to a worker or a deceased worker’s dependants is not
recoverable.

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(3) If a review officer has made a decision described under subsection (1), the
Board must defer the payment of any compensation applicable to the time
period before that decision
(a) for a period of 40 days following the review officer’s decision, and
(b) if the review officer’s decision is appealed under section 288

[appeal of review decisions], for a further period until the appeal
tribunal has made a final decision or the appeal has been
withdrawn, as the case may be.
(4) Subsection (3) applies despite the following:
(a) section 168(2) [dependants of deceased worker];
(b) section 191(1) [temporary total disability];
(c) section 192(1) [temporary partial disability];
(d) section 194(1) [permanent total disability];
(e) section 195(1) [permanent partial disability: general rules];
(f) section 196(3) [permanent partial disability: exception to general

rules].
(1) If the appeal tribunal’s decision on an appeal requires the payment of

compensation, all or part of which was deferred under section 275(3)
[payment following review decision], interest must be paid on the deferred
amount of that compensation as specified in subsection (2).
(2) Interest payable under subsection (1) must be calculated in accordance

with the policies of the board of directors and begins
(a) 41 days after the review officer made the appealed decision, or
(b) on an earlier day determined in accordance with the policies of the

board of directors.
The procedures for implementing all Review Division decisions are as follows:
1. Any benefits payable from the date of the Review Division decision
forward will be paid without delay.
2. Any benefits payable for the period of time prior to the date of the Review
Division decision (retroactive benefits) will be paid after 40 days have

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elapsed following the date of the Review Division decision, unless an
appeal has been filed with the Workers’ Compensation Appeal Tribunal.
3. If there is an appeal of the decision under section 288, retroactive benefits

will not be paid until the Workers’ Compensation Appeal Tribunal has
made a final decision or the appeal has been withdrawn.
4. The decision of the Workers’ Compensation Appeal Tribunal will be

implemented upon its receipt by the Board. The worker’s entitlement to
retroactive benefits which were deferred according to #3 above will then
be determined in accordance with the decision of the Workers’
5. Where retroactive benefits are payable, after the decision of the Workers’
Compensation Appeal Tribunal, interest is to be paid in accordance with
the Board’s general policy on the payment of interest on retroactive
benefits as set out in policy item #50.00. Where interest is payable under
section 312(1), interest will be paid beginning 41 days after the date on
which the Review Division made its decision. The amount of interest to be
paid is to be calculated in accordance with the interest rates set out in
policy item #50.00.
CROSS REFERENCES: Policy item #50.00, Interest, of the Rehabilitation Services & Claims
Manual, Volume II.
January 1, 2015 – Housekeeping change to make consequential
amendment to point #5 of policy, resulting from changes to policy
item #50.00, Interest, of the Rehabilitation Services & Claims Manual
Volume II made effective January 1, 2014.
March 3, 2003 – This policy was moved from Chapter 13 and amended
to include references to then section 258 of the Act, the Review Division
and the Workers’ Compensation Appeal Tribunal and to delete a
reference to former policy item #45.61.
APPLICATION: This item applies to all decisions made on or after January 1, 2014.

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CLAIMS MANUAL
RE: Reviews and Appeals – ITEM: C13-100.00

General
BACKGROUND
The Workers Compensation Amendment Act (No. 2), 2002 (“Amendment Act (No. 2),
2002”) made significant changes to the workers’ compensation appeal system.
Prior to the Amendment Act (No. 2), 2002 being brought into force, there were three
avenues of appeal with respect to compensation and rehabilitation matters:
• initial decisions were appealable to the Workers’ Compensation Review

Board;
• Review Board findings were appealable to the Board’s Appeal Division; and
• initial decisions, Review Board findings and Appeal Division decisions were
all appealable on medical issues to Medical Review Panels. Medical Review
Panel decisions on medical issues were binding upon all levels of decision-
making in the system.
Provisions of the Amendment Act (No. 2), 2002 closing access to Medical Review
Panels were brought into force effective November 30, 2002. The Medical Review
Panels continued to address appeals submitted prior to that time or in accordance with
the transitional provisions of the Amendment Act (No. 2), 2002. Once those appeals
were dealt with, the Medical Review Panels ceased to exist.
Other provisions of the Amendment Act (No. 2), 2002 were brought into force effective
March 3, 2003. Except for purposes of addressing certain matters covered by the
transitional provisions of the Amendment Act (No. 2), 2002, the Workers’ Compensation
Review Board and the Board’s Appeal Division ceased to exist as of that date.
Effective March 3, 2003, the following avenues of review and appeal exist with respect
to compensation and rehabilitation matters:
• initial decisions (except decisions on whether to reopen a previous matter)

are reviewable by a review officer, who is an officer of the Board;
• most, but not all, review officer decisions are appealable to the independent
Workers’ Compensation Appeal Tribunal (“WCAT”); and

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• initial decisions on whether to reopen a previous matter are directly

appealable to WCAT.
In addressing appeals, WCAT may seek independent advice or assistance from a

health care professional who appears on a list developed by the WCAT Chair in
accordance with the statutory requirements. However, the opinions of the health care
professional are not binding upon WCAT.
The Board has established the Review Division comprised of review officers to deal with
reviews. For the most part, there will be no policies in relation to the operations of the
Review Division. Readers should consult the Act, the Review Division and the practices
and procedures issued by the Review Division to determine their rights and
responsibilities in relation to this review function.
WCAT is independent of the Board. Readers should consult the Act and contact WCAT
to determine their rights and responsibilities in relation to this appeal function.
2. The Act
The provisions of the Act are too extensive to quote in this Chapter. Readers are
referred to Part 6 [Review of Board Decisions] and Part 7 [Appeals to Appeal Tribunal]
of the Workers Compensation Act on the following website:
http://www.bclaws.ca/civix/document/id/complete/statreg/19001
POLICY
There is no POLICY for this Item.

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AUTHORITY: Workers Compensation Amendment Act (No. 2), 2002.
CROSS REFERENCES: Item C13-101.00, Reviews and Appeals – Review Division - Practices
and Procedures;
Item C13-102.00, Reviews and Appeals – Workers’ Compensation
Appeal Tribunal, of the Rehabilitation Services & Claims Manual,
Volume II.
June 1, 2009 – Deleted references to the Medical Review Panel, Review
Board and the Appeal Division.
March 3, 2003 − New Item resulting from the Workers Compensation
Amendment Act (No. 2), 2002.

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Review Division –
Practices and Procedures
BACKGROUND
The Board may establish practices and procedures for the conduct of reviews. Those
practices and procedures are established under the direction of the President of the
Board or the President’s delegate.
2. The Act
Section 272(2):
Subject to any Board practices and procedures for the conduct of a review, a
review officer may conduct a review as the officer considers appropriate to the
nature and circumstances of the decision or order being reviewed.
Section 338(8):
The Board may establish practices and procedures for carrying out its
responsibilities under this Act, including specifying time periods within which
certain steps must be taken and the consequences for failing to comply within
those time periods.
POLICY
As with other practices or procedures established by the Board, the practices and
procedures for the conduct of reviews by the Review Division will be established by the
President or under the direction of the President or delegate.

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AUTHORITY: Sections 272(2) and 338 of the Act.
CROSS REFERENCES: Item C13-100.00, Reviews and Appeals – General, of the Rehabilitation
New Item resulting from the Workers Compensation Act (No. 2), 2002.
APPLICATION:

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Workers’ Compensation Appeal Tribunal
BACKGROUND
Effective March 3, 2003, the Workers Compensation Amendment Act (No. 2), 2002,
established the Workers’ Compensation Appeal Tribunal (“WCAT”) as the final level of
appeal on most matters in the workers’ compensation system. WCAT is external to,
and independent from, the Workers’ Compensation Board. Its chair is appointed by the
Lieutenant Governor in Council. Its vice-chairs and members are appointed by the
chair, after consultation with the Minister.
Section 289 of the Act directs that two categories of Board decisions are directly
appealable to WCAT:
• A decision to reopen or not to reopen a matter on an application under section 125

[recurrence of injury or significant change in medical condition];
• A determination, an order, a refusal to make an order or a cancellation of an order

made by the Board under section 50 [reponse to worker complaint respecting
prohibited action].
Section 288 of the Act explains that with certain exceptions, a final decision made by a
review officer in a review under Part 6 of the Act [Review of Board Decisions] may be
appealed to WCAT.
Those exceptions are:
• a decision respecting an order under Part 2 [Occupational Health and Safety],

other than any of the following orders:
o an order relied on to impose an administrative penalty under section 95(1)

[administrative penalties – higher maximum amount];
o an order imposing an administrative penalty under section 95(1);
o an order under section 96 [certificates issued under OHS provisions] to

cancel or suspend a certificate;
• a decision respecting matters referred to in section 155 [vocational

rehabilitation] of the Act;

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• a decision respecting the application under section 195(1) [compensation for

permanent partial disability] of the Act of rating schedules compiled under
subsection (3) of that section if the specified percentage of impairment has no
range or has a range that is not greater than 5%;
• a decision respecting commutations under section 230 [commutation of lump

sum payments];and
• a decision in a class of decisions prescribed by the Lieutenant Governor in

Council respecting the conduct of a review.
In the Workers Compensation Act Appeal Regulation (B.C. Reg. 321/2002), the
Lieutenant Governor in Council prescribed the following decisions respecting the
conduct of a review as not being appealable to WCAT:
• decisions applying time periods specified by the Board under section 338
[Board practices and procedures] of the Act (time periods specified in the
Board’s practices and procedures for taking certain steps);
• decisions made under the following provisions of the Act
o section 270(2) (extensions of time to request a review);
o section 271(2) (deeming an employers’ adviser or an organized group of

employers to be the employer);
o section 272(2) (subject to any Board practices and procedures, conducting

a review as the review officer considers appropriate);
o section 272(3) (completing a review or determining a review has been

abandoned if a party does not make a submission within the time required
by the Board’s practices and procedures);
o section 272(4) (requiring the employer to post a notice in the workplace of

reviews relating to certain occupational health and safety matters);
o section 272(5) (suspending a review to allow a review officer to deal with

related matters at the same time); and
o section 272(8) (extending the time for a review officer to make a decision);
• an order by the chief review officer under section 270(3) that the request for
review operates as a stay of proceedings or suspends operation of the
decision under review;
• decisions about whether or not to refer a decision back to the Board under
section 272(9)(b) of the Act; and

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• decisions respecting the conduct of a review if the review is in respect of any

matter that is not appealable to WCAT under section 288(2)(b) to (e) of the
Act.
2. The Act
The provisions of the Act are too extensive to quote in this Chapter. Readers are
referred to Part 6 [Review of Board Decisions] and Part 7 [Appeals to Appeal Tribunal]
of the Workers Compensation Act on the following website:
http://www.bclaws.ca/civix/document/id/complete/statreg/19001
POLICY
There is no POLICY for this Item.

AUTHORITY: Sections 277 to 314, Workers Compensation Act;
s. 4, Workers Compensation Act Appeal Regulation (B.C. Reg.
321/2002)
CROSS REFERENCES: Item C13-100, Reviews and Appeals – General, of the Rehabilitation
New Item resulting from the Workers Compensation Amendment Act
(No. 2), 2002.
May 2020 Volume II

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RE: Changing Previous Decisions – ITEM: C14-101.01

General
BACKGROUND
The Act provides the following mechanisms by which the Board may change its
decisions:
• reopenings;
• reconsiderations;
• reviews; and
• setting aside for fraud or misrepresentation.
More information about these mechanisms is presented in the Items C14-102.01 to

C14-104.01.
2. The Act
See Items C14-102.01 to C14-104.01.
POLICY
This policy clarifies the types of decisions that do not constitute a reconsideration or a
reopening of a previous decision.
(a) New matters not previously decided
The need to adjudicate new matters not previously decided and make decisions on
these matters may occur at various points during the adjudication of a claim. The limits
in the Act on the Board’s ability to change previous decisions through a reconsideration
or a reopening are not intended to restrict the Board’s ability to make new decisions in
accordance with the Act and policy that do not question previous decisions.
Situations in which the Board may make a new decision on a matter not previously
decided may generally include, but are not limited to the following:

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• Initial entitlement to temporary or permanent disability benefits;
• Acceptability of additional medical conditions identified during the adjudication of a

claim or acceptability of further injury or disease that arises as a consequence of a
work injury;
• Sections of the Act which give the Board broad discretion to make decisions
regarding entitlement at various times over the course of a claim. In applying these
provisions, the Board may consider a new matter that arises as a result of new
information or a change in circumstances that occurs after a previous decision. Two
examples are health care benefits and vocational rehabilitation services.
• Health care benefit entitlement – Sections 156, 157, and 158 of the Act enable the
Board to approve health care treatment and services to aid in a worker’s recovery
from the compensable injury or occupational disease. Consideration for health care
benefits may occur at various points during the claim as the nature and severity of
the worker’s compensable injury or occupational disease changes and/or there is a
determination that additional treatments or services will assist in the worker’s
recovery.
Decisions regarding entitlement to health care benefits made as new matters arise,
such as a change in the worker’s medical condition, do not constitute a
reconsideration of a previous decision. However, in any case where there is a
request to retroactively change a past decision or the Board reconsiders a prior
decision regarding health care, the restrictions on reconsideration apply.
• Vocational rehabilitation entitlement – Consideration of entitlement to vocational

rehabilitation services under section 155 may be required at various points during
the claim to assist in a worker’s recovery and return to work.
A decision to modify, replace or discontinue a rehabilitation plan is a new decision.

Any subsequent decision regarding the worker’s future entitlement to vocational
rehabilitation would also be a new decision with prospective application.
• A new matter may arise as a result of legislative provisions that expressly direct the
Board to make certain decisions or take certain actions at specified points in the
claim. If the Board fails to render these decisions or take these actions at the
specified point, the Board must make the decision as soon as the error is discovered
in order to fulfill the requirements of the Act. These decisions would have
prospective application. For example, under section 211 of the Act, if a worker’s
temporary disability continues for ten cumulative weeks for which wage-loss benefits
are payable, the Board must determine the amount of average earnings of the
worker based on the worker’s gross earnings for the 12-month period immediately
preceding the date of the injury.

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(b) Implementation of Review Division Decisions or WCAT Decisions
On a review or an appeal, the Review Division and the WCAT may make a decision that
confirms, varies or cancels the decision under review or appeal. The Review Division
and WCAT decisions are final and must be complied with by the Board.
Varying or canceling a decision may make invalid other decisions that are dependent
upon or result from the decision under review or appeal.
The reconsideration and reopening requirements under sections 123 and 125 do not
limit changes to previous decisions that are required in order to fully implement
decisions of the Review Division or the WCAT.

AUTHORITY: Sections 1, 123, 124, 125, 272(10), and 309 of the Act.
CROSS REFERENCES: Item C11-88.00, Vocational Rehabilitation – Nature and Extent of
Item C14-103.01, Changing Previous Decisions – Reconsiderations;
Volume II.
HISTORY: October 29, 2020 – Housekeeping change made to correct grammatical
error.
June 1, 2009 – Deleted reference to officer and replace WCB with Board.
January 1, 2005 – Amended to clarify the difference between a new
decision and a change in a previous decision, and to provide guidance
on the implementation of Review Division and WCAT decisions. Applies
to all decisions on or after January 1, 2005.
March 3, 2003 − New Item consequential to the Workers Compensation

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Reopenings
BACKGROUND
The Board may, at any time, reopen a matter that has been previously decided by the
Board or an officer or employee of the Board, if certain circumstances exist.
2. The Act
Section 125:
(1) The Board may at any time, on its own initiative or on application, reopen
a matter that had been previously decided under a compensation
provision by the Board or an officer or employee of the Board if, since the
decision was made in the matter,
(a) there has been a recurrence of a worker’s injury; or
(b) there has been a significant change in a worker’s medical condition

that the Board had previously decided was compensable.
(2) If the Board determines that the circumstances described in subsection (1)
justify a change in a previous decision respecting compensation or
rehabilitation, the Board may make a new decision that varies the previous
decision or order.
POLICY
(a) General
The reopening of a previous decision does not affect the application of the decision to
the period prior to the significant change in the worker’s medical condition or the
recurrence of the worker’s injury. Rather, it enables the Board to reopen matters
previously decided and determine a worker’s ongoing entitlement. A reopening involves
the adjudication of new matters.
(b) A reopening is not a reconsideration
A reopening is to be distinguished from a reconsideration of a previous decision.

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A reconsideration occurs when the Board considers the matters addressed in a
previous decision anew to determine whether the conclusions reached about these
matters were valid. Where the reconsideration results in the previous decision being
confirmed, varied or cancelled, it constitutes a redetermination of those matters.
(c) Grounds for reopening
A decision may be reopened if, since it was made:
• there has been a recurrence of a worker’s injury; or
• there has been a significant change in a worker’s medical condition that the
Board had previously decided was compensable.
“A significant change in a worker’s medical condition that the Board had previously
decided was compensable” means a change in the worker’s physical or psychological
condition. It does not mean a change in the Board’s knowledge about the worker’s
medical condition.
A “significant change” would be a physical or psychological change that would, on its

face, warrant consideration of a change in compensation or rehabilitation benefits or
services. In relation to permanent disability benefits, a “significant change” would be a
permanent change outside the range of fluctuation in condition that would normally be
associated with the nature and degree of the worker’s permanent disability.
A claim may be reopened for repeats of temporary disability, irrespective of whether

permanent disability benefits have been provided in respect of the compensable injury
or disease. A claim may also be reopened for any permanent changes in the nature or
degree of a worker’s permanent disability.
(d) Recurrence of injury
A recurrence of an injury may result where the original injury, which had either resolved
or stabilized, occurs again without any intervening new injury. A recurrence of an injury
may result in a claim being reopened for:
• an additional period of wage-loss benefits where no permanent disability

benefits were previously provided in respect of the compensable injury; and
• an additional period of wage-loss benefits where permanent disability benefits

were previously provided in respect of the compensable injury.
An example of a recurrence of an injury is where a worker has a compensable injury for

which wage-loss benefits are paid. The injury resolves and the claim is closed, but later
becomes disabling again without any intervening new injury. In these situations it is
considered that the original injury has recurred. The result is that the worker may be

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entitled to an additional period of wage-loss benefits and/or consideration for permanent
disability benefits under the original claim.
A recurrence of injury that entitles a worker to request a reopening of an existing claim

is to be distinguished from a new injury that entitles the worker to make a new claim.
For example, where a compensable injury is aggravated by a second compensable

injury, the first injury has not “recurred”. Rather a new injury has occurred that will result
in a new claim. The decision whether to reopen the existing claim or initiate a new
claim will depend upon the evidence in each case.
The following types of questions may assist in determining whether there is a

recurrence or a new injury:
• Have there been any intervening incidents, work-related or otherwise?
• Has there been a continuity of symptoms and/or continuity of medical

treatment?
• Can the current symptoms be related to the original injury?
(e) Reopening on application or on own initiative
Section 125(1) sets out the two ways in which the Board may reopen a matter that has
been previously decided by the Board: on its own initiative, or on application.
A request for a reopening of a previous decision will be considered on application where

the worker refers specifically to section 125(1) of the Act or uses language substantially
similar to that section. An application may be submitted to the Board in written or verbal
form.
A reopening request will not be considered on application where:
• a worker makes a general request for additional wage-loss benefits, health

care benefits, rehabilitation services or permanent disability benefits;
• a worker makes a request for a reconsideration and/or the acceptance of a

new injury or occupational disease;
• a request is made by a person other than the worker, employer or their

authorized representative;
• information is submitted to the Board such as medical reports received from a

worker’s doctor; or
• the Board has made a decision to reopen a matter on its own initiative as part
of the ongoing adjudication of a claim.
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CROSS REFERENCES: Item C14-101.01, Changing Previous Decisions – General;
Item C14-103.01, Changing Previous Decisions – Reconsiderations;
Misrepresentation of the Rehabilitation Services & Claims Manual,
Volume II.
HISTORY: October 21, 2020 – Amended to reflect amendment to review provision
in the Act by the Workers Compensation Amendment Act, 2020 (Bill 23
of 2020), in effect August 14, 2020.
August 1, 2006 − Consequential amendment was made to section (d) of
policy resulting from changes to policy item #1.03 Scope of Volumes I
and II in Relation to Benefits for Injured Workers of the Rehabilitation
Services & Claims Manual Volume II.
April 8, 2005 − Housekeeping amendment was made to correct
numbering.
January 1, 2005 − Amended to clarify recurrence of injury and to
distinguish between a reopening on application and a reopening on own
initiative.
March 18, 2003 − Amended to clarify that a reopening allows
compensation or rehabilitation benefits to be “varied” and that disputes
over a decision to reopen or not to reopen a matter “on application” are
appealable directly to WCAT under section 240(2).
New Item consequential to the Workers Compensation Amendment Act
(No. 2), 2002 approved effective March 3, 2003.

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Reconsiderations
BACKGROUND
The Act provides the Board may reconsider previous decisions. Subject to certain
restrictions, the Board may reconsider a decision made under the compensation
provisions of the Act during the period of 75 days subsequent to the decision being
made; after 75 days, the Board may only reconsider a decision that contains an obvious
error or omission.
2. The Act
Section 1, in part:
“reconsider” means to make a new decision in a matter previously decided

such that the new decision confirms, varies or cancels the previous decision or
order;
...
Section 123:
(1) Subject to subsection (2), the Board may, on its own initiative, reconsider
a decision or order made under a compensation provision by the Board or
an officer or employee of the Board.
(2) Subject to subsection (3), the Board may not reconsider a decision or
order referred to in subsection (1) if any of the following apply:
(a) more than 75 days have elapsed since the decision or order was
made;
(b) a request for review has been filed under section 270 [making
request for a review] in respect of the decision or order;
(c) a notice of appeal has been filed under section 292 [how to appeal]
in respect of the decision or order.

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(3) The Board may, on its own initiative, reconsider a decision or order after
the 75 days referred to in subsection (2)(a) have elapsed, if the decision or
order contains an obvious error or omission.
POLICY
(a) Definition of reconsideration
A reconsideration occurs when the Board considers the matters addressed in a

previous decision anew to determine whether the conclusions reached were valid.
Where the reconsideration results in the previous decision being confirmed, varied or
cancelled, it constitutes a redetermination of those matters.
(b) The purpose of section 123
The Board’s authority to reconsider previous decisions is found in section 123 of the
Act. The purpose of this section is to promote finality and certainty within the workers’
compensation system, while still allowing the Board to remedy obvious errors and
omissions.
Part 6 of the Act − Review of Board Decisions – establishes a right to request a review
by a review officer where a party disagrees with a decision made at the initial decision-
making level. It is this review, rather than the application of the Board’s reconsideration
authority, which is intended to be the dispute resolution mechanism for initial decisions
of the Board.
It is significant that sections 123(1) and (3) only authorize the Board to reconsider a
decision “on its own initiative”. This is to be contrasted with the Board’s authority to
reopen a matter “on its own initiative, or on application” under section 125(1). It is also
to be contrasted with section 273 and section 310, which authorize a review officer and
the appeal tribunal, respectively, to reconsider decisions on application in certain
circumstances.
The use of the words “on its own initiative” in sections 123(1) and (3), with no provision
for “on application”, and the availability of a review mechanism in Part 6 of the Act,
indicate that the Board is not intended to set up a formal application for reconsideration
process to resolve disputes that parties may have with decisions.
Rather, the Board’s reconsideration authority is intended to provide a quality assurance

mechanism for the Board. The Board is given a limited opportunity to correct, on its
own initiative, any incorrect decisions it may have made.

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(c) Advice to parties
Parties to a decision will be advised at the time the decision is made, of the right to
request a review of the decision under section 268. A party who approaches the Board
to have the decision reconsidered will be reminded of the party’s right to request a
review under section 268. If the Board reconsiders a decision before the request for
review is made, the Board will advise the parties to the decision of the reconsidered
decision. The reconsidered decision, to confirm, vary or cancel the previous decision,
gives rise to a new right to request a review under section 268.
(d) Restrictions on reconsiderations
The Act places a number of express restrictions on reconsidering previous decisions. It

is noted, in this respect, that “reconsider” means the making of the new decision and not
merely the starting of the reconsideration process leading to the new decision.
(i) Reconsiderations within 75 days under section 123(1) of the Act
• The Board may not reconsider a decision under section 123(1) more than
75 days after the decision was made. The 75 day period commences on the
date the decision was made.
• The Board may not reconsider a decision if a request for a review has been
filed with the Review Division under section 270 in respect of a decision
described in section 268. The filing of a request for review under section 270
immediately terminates the authority of the Board to reconsider a previous
decision, even if 75 days has not passed since the decision was made.
• The Board may not reconsider a decision if an appeal has been filed with the
Workers’ Compensation Appeal Tribunal (“WCAT”) under section 292 in
respect of a decision described in section 289. The filing of an appeal under
section 292 immediately terminates the authority of the Board to reconsider
the decision, even if 75 days has not passed since the decision was made.
(ii) Reconsiderations after 75 days under section 123(3) of the Act
• The Board may not reconsider a decision if a request for a review has been
filed with the Review Division under section 270 in respect of a decision
described in section 268. The filing of a request for review under section 270
immediately terminates the authority of the Board to reconsider a previous
decision.
• The Board may not reconsider a decision if an appeal has been filed with
WCAT under section 292 in respect of a decision described in section 289.

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The filing of an appeal under section 292 immediately terminates the authority
of the Board to reconsider the decision.
(iii) Implicit restrictions on reconsideration under sections 123(1) and (3)
There are, in addition, a number of implicit restrictions on reconsidering previous

decisions. The Board is not authorized to reconsider decisions or findings of the
following bodies:
• the former Appeal Division, which existed prior to March 3, 2003;

• the former Commissioners, who existed prior to June 3, 1991;
• the boards of review and the Workers’ Compensation Review Board, which
existed prior to March 3, 2003; and
• the Board of Review, which existed prior to January 1, 1974.
Section 310 of the Act provides for WCAT to reconsider its own decisions and decisions
of the former Appeal Division under certain limited conditions. The Legislature therefore
“turned its mind” to the extent that former appellate decisions should be reconsidered
and legislated its intent.
(e) Grounds for reconsiderations
Subject to the restrictions set out above, the Board may reconsider a decision on its
own initiative under section 123(1) where the Board is satisfied reconsideration is
appropriate based on applicable law and policy, and the merits and justice of the case.
In reconsidering a decision under section 123(1), the Board may reweigh the evidence
and substitute its judgment for that of the initial decision-maker.
Examples of circumstances that may warrant reconsideration include, but are not limited
to, the following:
• there is new evidence indicating that a prior decision was made in error;
• there has been a mistake of evidence, such as:
o material evidence was initially overlooked, or

o facts were mistakenly taken as established which were not supported
by any evidence or by any reasonable inference from the evidence;
• there has been a policy error such as:
o applying an applicable policy incorrectly, or

o not applying an applicable policy; or
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• there has been an error of law, such as a failure by the Board to follow the
express terms of the Act.
Subject to the restrictions set out above, and after the 75-day period has elapsed since
the decision was made, the Board may reconsider a decision on its own initiative under
section 123(3) only where the decision contains an obvious error or obvious omission.
An “error” is a mistake or something that is wrong or incorrect; an “omission” is the

failure to do something that is required by law or policy.
An obvious error or omission is easily and plainly identifiable with minimal investigation.
An obvious error or omission does not arise where one simply disagrees with the
decision-maker’s exercise of judgment or weighing of the evidence.
The Board may reconsider a decision under section 123(3) only where there has been
an obvious error or omission in the application of law and/or policy; or an obvious error
or omission in relation to a mistake of evidence. New evidence may be considered
under section 123(3) only where it plainly identifies an obvious error or omission and is
material and substantial to the decision. If the new evidence is submitted by a party, the
Board considers whether the new evidence was submitted without unreasonable delay.
Section 123(3) applies to obvious errors and omissions in a decision made by the Board
other than review officer decisions.
(f) Authority of Board officers, Managers and Directors to reconsider
A Board officer, Manager or Director may only reconsider a decision where appropriate
based on the applicable law and policy, and the merits and justice of the case. A Board
officer, Manager or Director may reweigh the evidence and substitute his or her own
judgment for that of the initial decision-maker.
A Board officer, Manager or Director may only reconsider a decision where there is an
obvious error or obvious omission.
Prior approval of a Manager or Director is required before a Board officer proceeds with
a reconsideration under section 123(3).

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(g) Correction of administrative errors
The correction of an administrative error such as a clerical, typographical or

mathematical error or an error in an agreed statement of facts does not result in a
reconsideration of a previous decision. The ability to correct these types of errors would
not be considered a reconsideration of the original decision, as it would not change the
intent of the original decision made by the Board.
The limits on reconsiderations of previous decisions do not prevent the Board from
issuing an addendum to correct a clerical or typographical error in a decision. This may
be done where the text of the decision did not correctly reflect the Board’s intent. An
example of a clerical error might include a reference in a decision letter to $25,000
rather than $52,000 for a worker’s earnings, but it is clear from the evidence on the
claim that this was a simple typographical error.
An administrative error may occur when the decision as recorded does not clearly
reflect the intention of the Board. For example, a decision letter states “I do accept the
degenerative changes as part of the claim”, however; the remainder of the letter and the
evidence on the claim clearly illustrate that the Board intended that the letter state “I do
not accept”.
This process for correcting administrative errors, however, cannot be applied to change
decisions.

Volume II.
April 1, 2010 – Deleted reference to providing written communication of
rights of review.
June 1, 2009 – Deleted references to Board officers and decision-maker.
April 8, 2005 − Housekeeping amendment to correct numbering.
January 1, 2005 – Amendments to include policy on the correction of
administrative errors. Applied to all decisions on or after
January 1, 2005.
March 3, 2003 – New Item consequential to the Workers Compensation

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Fraud and Misrepresentation
BACKGROUND
Section 124 allows the Board to set aside any decision or order under the compensation
provisions of the Act that has resulted from fraud or misrepresentation.
2. The Act
Section 124:
The Board may at any time set aside a decision or order made under a
compensation provision by an officer or employee of the Board if that decision or
order resulted from fraud or misrepresentation of the facts or circumstances on
which the decision or order was based.
POLICY
In order for a decision or order to be set aside as a result of misrepresentation, there

must be more than innocent misrepresentation.
The misrepresentation must have been made, or acquiesced in, by the worker,
dependant, employer or other person with evidence to provide, knowing it to be wrong
or with reckless disregard as to its accuracy, and the decision or order must have been
made in reliance on the misrepresentation. Misrepresentation would include concealing
information, as well as making a false statement.

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Item C14-103.01, Changing Previous Decisions – Reconsiderations, of
New Item consequential to the Workers Compensation Amendment Act
(No. 2), 2002.
APPLICATION: Applies to all decisions on and after March 3, 2003.

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CHAPTER 15
ADVICE AND ASSISTANCE
#109.00 INTRODUCTION
Workers or employers requiring advice or assistance on some aspect of a
compensation claim are advised in the first instance to contact the Board. For
difficulties that are not resolved by this procedure, the Act has established
Workers’ Advisers and Employers’ Advisers.
A worker or employer may also obtain advice and assistance from other sources,
for example, trade unions, and employers’ associations.
CROSS REFERENCES: Policy item #109.10, Workers’ Advisers;
Policy item #109.20, Employers’ Advisers;
Policy Item #109.30, Ombudsperson, of the Rehabilitation
HISTORY: June 1, 2009 – Deleted references to Adjudicators, Claims
Officer and Board officer.
#109.10 Workers’ Advisers

The duties of a Workers’ Adviser are to:
1. give assistance to a worker or dependant having a claim under the

Act, unless the Workers’ Adviser considers the claim has no merit;
2. on claims matters, communicate with or appear before the Board

and the Workers’ Compensation Appeal Tribunal on behalf of a
worker or dependant if the Adviser considers assistance is
required; and
3. advise workers and dependants regarding the interpretation and

administration of the Act or any regulations or decisions made
under it.
A Workers’ Adviser and staff must have access at any reasonable time to the
complete claims files of the Board and any other material relating to the claim of
an injured or disabled worker.

15 - 1
A Workers’ Adviser and staff must treat the information contained in the claims
files as confidential to the same extent as it is so treated by the Board.
AUTHORITY: Sections 351, 353(1), and 353(2) of the Act.
R.S.B.C. 2019, c. 1.
March 3, 2003 – Changes were made regarding reference to the
#109.20 Employers’ Advisers

The duties of an Employers’ Adviser are to:
1. give assistance to an employer respecting any claim under the Act

of
(a) a worker of the employer, or
(b) a dependant of such a worker
unless the Employers’ Adviser considers the claim has no merit;
2. on claims matters, communicate with or appear before the Board

and the Workers’ Compensation Appeal Tribunal on behalf of an
employer if the Adviser considers assistance is required; and
3. advise employers regarding the interpretation and administration of

the Act or any regulations or decisions made under the Act.
An Employers’ Adviser and staff have the same right of access to the Board’s
claim files as a Workers’ Adviser and are subject to the same obligation of
confidentiality. In addition, section 353(3) specifically provides that “An
employers’ adviser must not report or disclose to an employer information
obtained from or at the Board of a type that would not be disclosed to the
employer by the Board.”
R.S.B.C. 2019, c. 1.
March 3, 2003 – Changes were made regarding reference to the
May 2020 Volume II

15 - 2
#109.30 Ombudsperson
The Ombudsperson has the right to examine or copy material from claim files in
the possession of the Board.
The Board regards the work of the Ombudsperson’s office as a forward step in
the process of assuring fair and reasonable approaches to matters within the
Board’s jurisdiction. Full cooperation will therefore be extended to the staff of the
Ombudsperson’s office in all matters.
AUTHORITY: Section 15 of the Ombudsperson Act.
CROSS REFERENCES: Item AP8-349-1, Disclosure of Assessment Information
((f) Ombudsperson, Employers’ Advisers, Workers’ Advisers,
Workers’ Compensation Appeal Tribunal, MLAs) of the
Assessment Manual.
R.S.B.C. 2019, c. 1.

15 - 3
CHAPTER 16
THIRD PARTY/OUT-OF-PROVINCE CLAIMS
A worker who incurs an injury or disease as a result of employment may be
entitled to compensation from sources other than the Workers’ Compensation
Board. The Act makes special provision in Division 3 of Part 3 [Legal Effect of
Workers’ Compensation System] for injuries or diseases which occur in
circumstances entitling the worker to pursue an action for damages against a
third party.
Injuries occurring outside the province are not generally compensable. Where
they are compensable, the Act makes special provision for cases where the
worker is also entitled to claim compensation in the place of injury.
R.S.B.C. 2019, c. 1.
#111.00 THIRD PARTY CLAIMS

#111.10 Injury Caused by Worker or Employer
(1) Subject to subsection (2),
(a) the compensation provisions are in place of any right and

rights of action, statutory or otherwise, founded on a breach
of duty of care or any other cause of action, whether that
duty or cause of action is imposed by or arises by reason of
law or contract, express or implied, to which a worker or a
dependant or family member of the worker is or may be
entitled against
(i) the employer of the worker,
(ii) an employer within the scope of the compensation

provisions, or
(iii) any other worker,

16 - 1
in respect of any personal injury, disablement or death of the
worker arising out of and in the course of employment, and
(b) no action lies in respect of such an injury, disablement or

death.
(2) Subsection (1) applies only if the action or conduct of
(a) the employer or the employer’s servant or agent, or
(b) the worker,
that caused the breach of duty of care arose out of and in the
course of employment within the scope of the compensation
provisions.
This provision prohibits a lawsuit by an injured worker or a dependant or family

member of the injured worker against the employer of the worker, an employer
within the scope of the compensation provisions of the Act, or any other worker,
in respect of any personal injury, disablement or death of the worker arising out
of and in the course of employment. The worker or dependant or family member
has no choice but to claim compensation. In situations where the third party on a
claim is reported to be a worker, it must also be established that the activities of
this “worker” were arising out of and in the course of that worker’s employment.
R.S.B.C. 2019, c. 1.
#111.11 Employer or Worker Partly at Fault

Section 131 of the Act provides that the following apply if, in an action brought by
a worker, by a dependant of a worker or by the Board, it is found that the injury,
disablement, or death of the worker, as applicable, was due partly to a breach of
duty of care of one or more employers or other workers to which the
compensation provisions [of the Act] apply:
(a) no damages, contributions or indemnity are recoverable for the

portion of the loss or damage caused by the negligence of such an
employer or other worker;
(b) the portion of the loss or damage caused by that negligence must
be determined despite the employer, other worker or both, as
applicable, not being a party to the action.
R.S.B.C. 2019, c. 1.

16 - 2
#111.20 Injury Not Caused by Worker or Employer
If the cause of an injury, disablement or death of a worker is such that an

action lies against a person, other than an employer or worker within the
scope of the compensation provisions [of the Act], the worker or
dependant may
(a) claim compensation under the compensation provisions, or
(b) bring an action.
If a worker or dependant of a worker elects to claim compensation under

subsection (1)(a), the worker or dependant must do so within 3 months of
the occurrence of the injury, disablement or death of the worker or a
longer period that the Board allows.
Section 86 of the Motor Vehicle Act gives a right of action to a person injured in a
motor vehicle accident against the owner of the vehicle in question where it was
being driven by a member of the owner’s family living under the same roof or any
other person driving with the owner’s consent. Even though an action against
the driver is barred under section 127, the action against the owner may still lie,
with the result that the claimant must make an election under section 128. This
could occur, for example, where the owner takes her or his vehicle to a garage
for repair and the accident occurs while it is being test driven by a mechanic.
In determining whether there must be an election under section 128,

consideration is given to whether there is a right of action against the
manufacturer, designer, etc. of a product which caused the injury. The action
against such a person will be barred under section 127 if the person is an
employer covered by the Act, but not if the person is located outside British
Columbia.
AUTHORITY: Sections 128(1) and 128(2) of the Act.
R.S.B.C. 2019, c. 1.
#111.21 Competence to Make Election

Section 128 of the Act provides, in part:
(3) If the Board is satisfied that

16 - 3
(a) a worker is unable to exercise the worker’s right to elect to
claim compensation under subsection (1)(a) due to the
worker’s physical or mental disability, and
(b) undue hardship will result,
the Board may pay the compensation provided under the compensation
provisions [of the Act] until the worker is able to make an election.
(4) If, after compensation is paid under subsection (3), the worker then
elects not to claim compensation under subsection (1)(a),
(a) no further compensation may be paid, and
(b) the compensation that was paid is a first charge against any
amount recovered.
(5) In relation to a minor child of a deceased worker, an application

filed by a parent, a guardian or the Public Guardian and Trustee for
compensation for the child is a valid election on behalf of that child.
Section 121 provides that a worker under the age of 19 years can make a valid
election.
AUTHORITY: Sections 121, 128(3), 128(4), and 128(5) of the Act.
CROSS REFERENCES: Policy Item #49.00, Incapacity of a Worker, of the Rehabilitation
R.S.B.C. 2019, c. 1.
#111.22 Form of Election

Any signed notification from a worker or dependant outlining the worker or
dependant’s decision is a valid election. A Form 6 Application for Compensation
could constitute an election. However, to ensure that the worker or dependant is
fully aware of the implications of making the election, the Board also provides
information regarding the election process, and a specific election to claim
compensation form.
CROSS REFERENCES: Policy item #93.20, Application for Compensation, of the
R.S.B.C. 2019, c. 1.

16 - 4
#111.23 Election Not to Claim Compensation
If an injured worker decides to proceed with a lawsuit, no action is taken on the
claim by the Board. The worker simply retains a lawyer to prosecute the case.
Section 129 of the Act provides that if after trial, or after settlement out of court
with the written approval of the Board, less is recovered and collected than the
amount of the compensation to which a worker or dependant would be entitled
under the compensation provisions of the Act, the worker or dependant is entitled
to compensation under those provisions to the extent of the amount of the
difference.
Therefore, if a worker fails in the lawsuit or is only partially successful, the worker
is able to claim the difference from the Board and thereby end up with at least as
much as he or she would have received if compensation had been claimed from
the Board initially. A question arises as to the meaning of the word “difference”.
For the purpose of section 129, it will be the actual amount of the judgment or
settlement in the claimant’s action with no deduction being made for the costs of
obtaining the judgment.
The submission of an application to the Board must have been made within the
time limits laid down for applications for compensation in order that a subsequent
request for the difference can be considered.
CROSS REFERENCES: Policy Item #93.20, Application for Compensation, of the
R.S.B.C. 2019, c. 1.
#111.24 Election to Claim Compensation

If an injured worker or dependant elects to claim compensation from the Board
rather than take their own action, the claim is processed in the usual way and
they receive the usual compensation benefits from the Board. They cannot
revoke the election after any payment has been made, except by immediate
repayment of all monies paid out under the claim.
(1) If a worker or dependant applies to the Board claiming

compensation under the compensation provisions [of the Act],
neither the making of the application nor the payment of
compensation under those provisions restricts or impairs any right
of action against the party liable.

16 - 5
(2) In relation to every claim referred to in subsection (1), the Board is
subrogated to the rights of the worker or dependant and may
maintain an action in the name of the worker or dependant or in the
name of the Board.
...
A person cannot therefore claim both compensation and pursue a court action. If
the person claims compensation, the Board is subrogated to the action. If the
person chooses to sue, no compensation benefits are received. There is no right
to receive compensation on a temporary basis while pursuing a court action on
the understanding that the benefits will be repaid following that action. If,
pursuant to policy item #111.21, a claimant receives compensation prior to
making an election, the compensation is terminated immediately when an
election is made not to claim compensation.
An agreement between Canada and British Columbia regarding compensation

costs for the injury or death of a Provincial Emergency Program Volunteer
pursuant to Schedule 2 of the Emergency Program Management Regulation
(“Emergency Services Worker”) sets out the following pre-conditions before an
Emergency Services Worker can receive compensation. No compensation is
payable to the Emergency Services Worker or legal representative or
dependants, as the case may be, unless the Emergency Services Worker, or
legal representative, or dependants:
(a) assigns and subrogates or assign and subrogate to the Workers’

Compensation Board their rights against any person against whom
any action may lie with respect to the said accident; and
(b) releases or release Canada and B.C. and all its or their officers,
servants, agents and employees of Her Majesty’s armed forces
from any and all liability arising out of or connected with the said
accident.
R.S.B.C. 2019, c. 1.
#111.25 Pursuing of Subrogated Actions by the Board

Where the Board is subrogated to an action following a claimant’s election to
claim compensation, the Board has exclusive jurisdiction to determine whether it
shall maintain or compromise the right of action, and the decision of the Board is
final and conclusive. The Legal Services Division of the Board determines
whether there is a cause of action against a third party, and whether it is one that
is worth pursuing.

16 - 6
Where the Legal Services Division decides to pursue the claim, conduct of the
action is carried within the Legal Services Division, except where an outside
counsel is more practicable. Where an outside counsel is retained, the Legal
Services Division will carry out the selection and provide written instruction.
The Legal Services Division will not select a lawyer proposed by the claimant. It
will be made clear in the written instructions that the outside counsel is acting on
behalf of the Board, and that the full recovery is to be paid to the Board, subject
to recognition of the lawyer’s lien for fees and disbursements. The Board will
account to the claimant for any excess.
If the Legal Services Division concludes that there is no claim worth pursuing, but
the claimant or the claimant’s lawyer disagrees, the claimant may be permitted to
select a lawyer to conduct an action and the lawyer will be advised:
(a) that the action is one the Legal Services Division does not consider
worth pursuing;
(b) that if the lawyer is of a different opinion, the lawyer may be

authorized to pursue an action on behalf of the Board and the
claimant on the terms that if there is a successful recovery, the full
recovery is to be paid to the Board, subject to recognition of a lien
for fees and disbursements; further, that if the action is not
successful, the Board will not be responsible for fees and
disbursements;
(c) of the amount of the Board’s claim or, if that is not possible, of an
indication that the amount of the Board’s claim remains to be
determined.
This procedure will not be followed where it is felt that the risk of liability for costs
clearly exceeds any likelihood of recovery.
Where action is taken by the Board, a claim is advanced which includes not only
the disbursements paid out on the claim by the Board, but all items or damages
which the claimant could have recovered if action had been taken on the
claimant’s own. Section 133(1) of the Act provides:
In an action brought under this Division [Division 3 of Part 3, Legal Effect

of Workers’ Compensation System], an award for damages must include
(a) health care provided under Part 4 [Compensation to Injured

Workers and Their Dependants], and
(b) wages and salary paid by an employer during the period of

disability

16 - 7
(i) that were considered by the Board in setting the
amount of a periodic payment of compensation, or
(ii) that would have been considered by the Board for

that purpose if the worker had elected to claim
compensation.
The mere fact that in a court action the Board has claimed damages for a
particular item does not mean that that item has been accepted as part of the
claimant's compensation claim.
Section 133(2) provides that costs may, be awarded to and collected by the
Board in an action taken by the Board under Division 3 of Part 3 of the Act, even
if a salaried employee of the Board acts as solicitor or counsel for the Board.
If, by an action under subsection (2), more is recovered and collected than
the amount of the compensation to which the worker or dependant would
be entitled under the compensation provisions [of the Act], the amount of
the excess, less costs and administration charges, must be paid by the
Board to the worker or dependant.
Thus, if the action is successful, the Board’s disbursements, i.e. all monies paid
out under the claim (wage-loss benefits, permanent disability benefits, health
care benefits, administration costs, etc.) are deducted from the amount
recovered and the excess is then paid to the claimant or dependant. If the action
is not successful, all costs are paid by the Board.
When the excess has been paid to the claimant, and the claim is reopened at a
future date, the excess paid will be taken into consideration before any further
payment of compensation is made on the claim.
An agreement between Canada and British Columbia regarding compensation

costs for the injury or death of a Provincial Emergency Program Volunteer
pursuant to Schedule 2 of the Emergency Program Management Regulation
(“Emergency Services Worker”) sets out particular rules applicable to an action
that is pursued for an accident suffered by an Emergency Services Worker. The
Provincial Emergency Program agreement states, “Where compensation or
medical aid (hereinafter “compensation”) is paid or provided and the Workers’
Compensation Board has, pursuant to subrogation from the person claiming
compensation as an Emergency Services Worker or from his legal representative
or his dependents (sic), as the case may be, to whom compensation is paid,
recovered an amount from any person with respect to the said accident, the
Workers’ Compensation Board shall reimburse Canada and B.C. in an amount
that bears the same relation to the amount so recovered, less reasonable costs
and reasonable administration expenses, as the amount paid by Canada and
B.C. bears to the amount of the compensation determined.”

16 - 8
R.S.B.C. 2019, c. 1.
#111.26 Failure to Recover Damages

Where the Board is unsuccessful either in total or in part in recovering damages
from a third party and the third party has an entitlement to benefits from the
Board, the recovery will be made from such benefits. If there is no existing
entitlement to benefits, a record of the indebtedness will be made by the Board
and should any future entitlement to benefits accrue, a recovery will be made
from that entitlement. As a general guideline, this recovery will follow the limits
set out in the Court Order Enforcement Act. Such limitations would not apply in
the case of permanent disability benefits where the indebtedness may be
recovered from the permanent disability capital reserve.
R.S.B.C. 2019, c. 1.
#111.30 Meaning of “Worker” and “Employer” under

Division 3 of Part 3 of the Act
In the provisions discussed in policy items #111.10 to #111.24, “worker” and
“employer” have the meaning given to them in Chapter 2.
Section 126 defines “worker” for the purposes of Division 3 of Part 3 of the Act
[Legal Effect of Worker’s Compensation System] to include an employer to whom
the Board has directed that the compensation provisions of the Act are to apply,
as if the employer were a worker entitled to personal optional protection.
However, this does not affect status as an employer under this Division in regard
to other workers.
The meanings of “employer”, “worker”, and “employment” for the purpose of

Division 3 of Part 3 of the Act in claims concerning commercial fishers are
discussed in section 14 of the Fishing Industry Regulations.
R.S.B.C. 2019, c. 1.
March 18, 2003 − Deleted reference to the Workers’
Compensation Reporter Decision No. 223.
May 2020 Volume II

16 - 9
The provisions discussed in policy items #111.00 to #111.30 above have no
application to employees entitled under the Government Employees
Compensation Act.
Rules similar to those set out in policy items #111.00 to #111.30 are set out in
section 148 of that Act. In general, the claimant is precluded from suing the
government in respect of an employment accident, but must claim compensation.
Where the circumstances of the accident give rise to a right of action against
someone other than the government, the claimant must elect either to sue that
other person or claim compensation. If the claimant does the latter, the
government is subrogated to the right of action. These subrogated actions are
administered by the Federal Government directly. The Board is not concerned in
them.
R.S.B.C. 2019, c. 1.
#112.00 INJURIES OCCURRING OUTSIDE BRITISH

COLUMBIA
Section 134(1) provides in part that compensation is payable where “. . . personal
caused to a worker . . .” It places no limitation on the place of injury. On the face
of it, it might be held to apply to all employment injuries, whether they occur
inside or outside British Columbia. The Board has, however, concluded that the
section could not be intended to have such a broad effect. The Act only applies
to injuries occurring outside British Columbia where its provisions expressly
provide for this, or do so by necessary implication. There are two main situations
that have to be considered, which are discussed in policy items #112.10 and
#112.20.
The payment of health care benefits for costs incurred outside British Columbia is
discussed in Item C10-75.10.
R.S.B.C. 2019, c. 1.
#112.10 Worker is Working Outside British Columbia


16 - 10
(a) a worker is injured while working outside British Columbia,
and
(b) the injury would entitle the worker or the worker's

dependants to compensation under this Part [Part 4 of the
Act] if the injury occurred in British Columbia.
(2) The Board must pay compensation under this Part only if all of the
following apply:
(a) a place of business of the worker’s employer is located in

British Columbia;
(b) the worker’s residence and usual place of employment are

located in British Columbia;
(c) the employment is such that the worker is required to work

both in and out of British Columbia; and
(d) the worker’s employment outside British Columbia
(i) has immediately followed the worker’s employment in

British Columbia by the same employer, and
(ii) has lasted less than 6 months.
Section 147 does not apply to commercial fishers.

AUTHORITY: Sections 8(2) and 147 of the Act;
Section 4 of the Fishing Industry Regulations.
CROSS REFERENCES: Item AP1-8-1, Fishing, of the Assessment Manual.
R.S.B.C. 2019, c. 1.
#112.11 Meaning of Working in Section 147

Section 147 only applies if “a worker is injured while working outside British
Columbia . . .”
In a Board decision, a worker who lived in the province of Alberta was employed
by an employer located in British Columbia. Each day, he travelled into British
Columbia to come to work on a bus provided by his employer. He was injured in
an accident in which this bus was involved while still on the Alberta side of the
border. It was decided that he was at the time of his injury working in British
Columbia rather than Alberta with the result that section 147 had no application.
The Board has on prior occasions, when discussing the meaning of the phrase
“arising out of and in the course of a worker’s employment” in section 134(1),

16 - 11
pointed out that compensation coverage was not limited to “work” in the sense of
productive activities. The Act covers a much broader range of productive and
non-productive activities which comprises a worker’s “employment”. This
distinction between “employment” and “work” activities is also material when
interpreting section 147. The place where a person performs the productive, as
opposed to the non-productive, activities of the person’s employment is generally
the best indicator of where the person works. If someone were to ask the worker
in the example above where he worked, he would no doubt have stated that he
worked at the person’s employer’s plant in British Columbia, because that is
where his main job function was carried out. The answer would be no different
just because part of his journey to work took place in Alberta or, in another case,
because the worker was required to perform some incidental job function outside
British Columbia. Under this interpretation, the concern is not with the particular
activity being carried on at the moment of injury, but the place where the worker
performs the major job functions with which that activity is associated.
In other cases, the interpretation of section 147 adopted above may raise difficult
questions as to whether a worker’s main job function at the time in question is in
British Columbia or elsewhere. There will be less obvious cases where the
worker is performing significant amounts of productive work activity both inside
and outside British Columbia. Since section 147 clearly contemplates that there
will be periods of work outside British Columbia where the worker does have to
meet the criteria it lays down, it will be necessary to draw a line in these cases
between productive activities which are merely incidental to “working” in British
Columbia and productive activities which are sufficient to constitute “working
outside British Columbia”.
In making this judgment, regard will primarily have to be taken of the length of
time for which the productive activity is performed outside British Columbia. If
the period of absence is less than one day, it will probably, in most cases, be
safe to say that the activity is simply incidental to the work performed in British
Columbia. On the other hand, where the length of time is greater than a week, it
would probably have to be concluded that the worker was “working outside
British Columbia”.
Periods of between a day and a week would probably have to be dealt with on
the individual merits, having regard, in particular, to the nature and
circumstances of the worker’s employment.
Another factor that must be considered is the degree of regularity with which a
worker does productive work outside British Columbia. The more regularly this is
done, the shorter is the period of productive work outside British Columbia which
would be sufficient for the worker to be considered as “working outside British
Columbia”. For example, even though the period out of British Columbia is less
than a day, the worker might be held to be working outside British Columbia if
this was done routinely.

16 - 12
CROSS REFERENCES: Item C3-14.00, Arising Out of and in the Course of a Worker’s
Employment, of the Rehabilitation Services & Claims Manual,
Volume II;
Item AP5-245-2, Payroll – Out of Province Employers and
Operations, of the Assessment Manual.
R.S.B.C. 2019, c. 1.
#112.12 Residence and Usual Place of Employment

Section 147 of the Act was intended to provide a convenient and efficient form of
coverage for industries which, although normally based in British Columbia, may
occasionally require assignment of workers to locations outside British Columbia.
Taken as a whole, the section contemplates the coverage of workers who live in
British Columbia, who spend the greater part of their time performing a particular
kind of work in British Columbia, but who are assigned for limited periods of time
by the same employer and for the same work to other jurisdictions. It was not
intended to cover situations where, although there is a place of business of the
employer in British Columbia, virtually all of that company’s work takes place
outside of British Columbia and is performed, for the most part, by employees
who neither live nor work in British Columbia.
While it is impossible to lay down specific rules and guidelines for the words
“residence and usual place of employment”, they must be defined in relation to
the broader view of the section as outlined above.
For British Columbia to qualify as the residence and usual place of employment
of a worker under section 147, the evidence must reveal more than short-term
transient accommodation and must show that the work performed in British
Columbia is more consistent and long-term than that performed in the other
jurisdiction(s) in question.
In a Board decision, the worker’s employer had its head office and base of
operations in British Columbia. The worker underwent a two-week training
period at the head office, but all his work was outside British Columbia. The
worker lived primarily in Ontario and had rented no accommodation in British
Columbia during his two-week stay. He did, however, have a bank account here.
He was injured in Washington State. His claim was denied because his
“residence” and “usual place of employment” were not in British Columbia.
R.S.B.C. 2019, c. 1.

16 - 13
#112.13 The Worker’s Employment Outside British Columbia
Upon first reading, section 147(2)(d) appears to require that the injury must occur
in the jurisdiction to which the worker has gone directly from British Columbia.
However, it does no more than recognize that there exists two classes of
employment, those “in British Columbia” and those “outside British Columbia”. It
requires that the worker’s employment outside British Columbia must last less
than six months and must immediately follow the worker’s employment in British
Columbia by the same employer; but it makes no reference to where, outside
British Columbia, the employment may take the worker.
As long as the other criteria of the section are met, no objection to a claim should
be taken on the basis that a worker went from British Columbia to another
jurisdiction and then on to a second or third jurisdiction before the injury
occurred. As long as the injury was within the six months and employment was
with the same employer, the provisions of the subsection are met.
The word “immediately” would, by normal reference to dictionary definitions, refer

to considerations of time. However, because of the nature of the entire section, it
is possible to view the term in relation to employment as well. For example, a
worker may be employed by a particular employer in British Columbia, leave and
go to work for another employer for a short period of time, and then return to the
original employer but hiring on in another jurisdiction. In that case, the worker’s
employment in British Columbia by the same employer will not have been
immediately prior to going to the other jurisdiction and the worker would be
barred from a claim for compensation by the subsection. On the other hand, if
the worker were to work for an employer within British Columbia and, due to the
absence of any further employment prospects, be laid off and then hired on again
within British Columbia with the same employer and be assigned immediately to
work in another jurisdiction, it could reasonably be concluded that by having
worked for the same employer and no one else, and by having been hired in
British Columbia, albeit to work only in another jurisdiction, the requirements of
the subsection had been met.
R.S.B.C. 2019, c. 1.
#112.20 Worker is Working in British Columbia

The decision discussed in policy item #112.11 provides an example of when a
worker might be working in British Columbia but yet injured outside British
Columbia while in the course of the worker’s employment. Though the provisions
of section 147 were not applicable to that claim, it was decided that the claim
could be accepted under section 134(1).

16 - 14
Where there is an injury outside British Columbia, the first question that must be
asked is where, at the time in question, the worker was performing the worker’s
main job functions. The concern will not be with the particular activity being
engaged in at the moment of the injury. If the worker’s main job at the time is
being performed outside of British Columbia, the claim must satisfy the
requirements of section 147, including the requirement that the worker be a
resident of British Columbia. If those functions are being performed in British
Columbia, the worker only has to meet the requirements of section 134(1) and
section 147 has no application. Since the main job function of the worker in this
decision was in British Columbia at the time of his injury and his injury did arise
out of and in the course of his employment, his claim was an acceptable one
even though he did not reside in British Columbia.
R.S.B.C. 2019, c. 1.
#112.30 Workers Also Entitled to Compensation Outside

British Columbia
Section 148 applies “If, by the law of the country or place in which a worker’s
injury or occupational disease occurred, the worker or the worker's dependants
are entitled to compensation in respect of the injury or occupational disease”.
The worker or the worker’s dependants must
(a) elect whether they will claim compensation
(i) under the law of the country or place referred to in

section (1), or
(ii) under this Part [Part 4 of the Act], and
(b) give notice of the election.
Section 148(4) provides that “If the required election is not made and notice not
given, it must be presumed that the worker or the worker’s dependants have
elected not to claim compensation under this Part.”
The right of election is subject to the terms of any interjurisdictional agreement.
Section 148(3) directs that notice of the election required under section 148(2)
must be given to the Board as follows:

16 - 15
(a) unless paragraph (b) of this subsection applies, within 3 months
after the occurrence of the injury or disablement from occupational
disease;
(b) if the injury or occupational disease results in death,
(i) within 3 months after the death, or
(ii) within a longer period that the Board allows before or after
the expiration of the 3 months.
In addition to the Form 6 Application for Compensation that is required, the

worker or the worker’s dependants can provide election notice by the specific
election-to-claim-compensation form that the Board provides with information
regarding the election process. A claim for compensation, made to the Workers’
Compensation Board of the place outside British Columbia where the injury or
exposure to the causes of an occupational disease occurs, constitutes an
election to claim under the law of that place.
CROSS REFERENCES: Policy item #113.30, Interjurisdictional Agreements, of the
R.S.B.C. 2019, c. 1.
#112.31 Occupational Disease

It may happen that the occupational disease a worker has is due to exposure in
the course of the worker’s employment both inside and outside British Columbia.
If the exposure within British Columbia is not significant, the Board will not accept
responsibility for the claim, subject to the terms of any interjurisdictional
agreement. If the exposure within British Columbia is significant, the Board will
accept responsibility of the whole of the worker’s occupational disease. There
will, in general, be no apportionment of liability. The worker may, however, be
required to elect to claim in British Columbia under section 148. Where the
Board is accepting full responsibility for the occupational disease, the worker
cannot claim in both British Columbia and another province or territory.
An exception exists for hearing-loss claims. As discussed in Section C. of

Item C4-31.00, liability will be apportioned where more than 5% but under 90% of
the worker’s exposure was outside British Columbia.
CROSS REFERENCES: Item C4-31.00, Hearing Loss, (Section C. Amount and Duration
of Noise Exposure Required by Section 145).
R.S.B.C. 2019, c. 1.

16 - 16
Federal Government employees must claim compensation in the province where
they are usually employed regardless of the place of injury.
CROSS REFERENCES: Item C3-12.10, Federal Government Employees, of the

16 - 17
CHAPTER 17
CHARGING OF CLAIM COSTS
The general practice followed by the Board is that the cost of any compensation
paid out on a claim is charged to the class or subclass of employers of which the
worker’s employer is a member. These costs are not paid directly by the
employer. Rather, the employer will, through the assessment rate, pay a
proportion of the total costs incurred on all claims made by employees of all the
employers in the subclass. The proportion paid is the proportion which the
employer’s payroll bears to the total payrolls of all employers in the subclass.
This may be adjusted through a system of experience rated assessments.
In certain cases, the class or subclass consists of one major employer so that the
employer does directly pay the costs of the claim. Examples are the Canadian
National Railway, Air Canada, Canadian Pacific Railway Limited, and the
Government of British Columbia. These are termed deposit classes.
Generally speaking, whether or not an employer was at fault is not a material

factor when determining how the costs of a claim are to be charged. The general
practice set out above applies both when the employer’s negligence or
misconduct caused an injury and when the injury was due to circumstances
beyond the employer’s control.
There are certain provisions in the Act which result in exceptions to the above
rule. An individual employer or the class or subclass may be relieved of the
costs of compensation incurred on a particular claim. Alternatively, an individual
employer may be charged with costs additional to the employer’s ordinary liability
as a member of a class or subclass. None of these special relieving or charging
provisions apply to claims by Federal Government employees.
The amount of costs attributed to an employer are disclosed to an employer in

the cost statements which are sent regularly. These list the claims concerned
and the amount of costs incurred on each.
HISTORY: October 21, 2020 – Amended to reflect amendments to the Act
by the Workers Compensation Amendment Act, 2020 (Bill 23 of
2020), in effect August 14, 2020.
December 31, 2003 – Changes were made to the third
paragraph of this policy which incorporated portions of, and
replaced, policy item #115.20, Significance of Employer’s
Conduct in Producing Injury, of the Rehabilitation Services &

17 - 1
#113.10 Investigation Costs
Costs may be incurred prior to making a decision on a claim in investigating the validity
of the claim or in paying benefits pursuant to an interim adjudication. Where the
decision is ultimately in the worker’s favour, these costs are charged to the employer’s
class in the normal way. Where the decision is unfavourable to the worker, these costs
will not be charged to the employer’s class, but will be spread across all classes. They
are treated in effect as an administration cost.
The same rule also applies where:
1. A claim is accepted in error or benefits paid in error;
2. A decision is reversed by the Review Division or Workers’ Compensation

Appeal Tribunal;
3. There is a reconsideration by the Board.
The employer’s class is relieved where the original decision was favourable to the
worker and benefits were paid pursuant to it. Conversely, the class will be charged with
costs already incurred where the previous decision was unfavourable to the worker.
For another situation where the class of employers is relieved of costs as investigation
costs, see the policy in Item C4-25.10 regarding having an occupational disease.
June 1, 2009 – Deleted references to Medical Review Panel, officer,
Manager and Director.
March 3, 2003 – Inserted reference to the Review Division, the Workers’
Compensation Appeal Tribunal and to reconsideration by a Manager or
Director.
#113.20 Occupational Diseases

The long period of exposure required for the development of some occupational
diseases raises special problems in connection with the charging of claim costs. The
position is the same as for injuries when the exposure has been with one employer only,
but there are commonly situations where the relevant exposure has occurred during
employments with two or more employers. The general rules followed in these cases
are as follows:
1. Until September 27, 2002, all wage-loss benefits and health care benefits
were charged to the class of the employer at the time the claim was
submitted for the first 13 weeks. Effective September 28, 2002, all wage

17 - 2
loss benefits and health care benefits are charged to the class of the employer at
the time the claim was submitted for the first 10 weeks.
2. Until September 27, 2002, an assessment of the worker’s work exposure

history was then made and an apportionment of the costs incurred beyond
13 weeks, including the amount of any permanent disability reserve, was
carried out. The class of the employer at the time the claim was submitted
would be charged with the portion of costs incurred after the 13 weeks,
which was attributable to the worker’s employment with the employer,
provided that that portion exceeded 20% of the total amount. The balance
would not be charged to any particular class but would be spread across
all classes of industry.
Effective September 28, 2002, an assessment of the worker’s work

exposure history is then made and an apportionment of the costs incurred
beyond 10 weeks, including the amount of any permanent disability
reserve, is carried out. The class of the employer at the time the claim is
submitted will be charged with the portion of costs incurred after the
10 weeks, which is attributable to the worker’s employment with the
employer, provided that that portion exceeds 20% of the total amount.
The balance will not be charged to any particular class but will be spread
across all classes of industry.
3. Until September 27, 2002, if any portion attributable to any employer at

the time the claim was submitted was less than 20%, the costs incurred
following 13 weeks were not charged to any employer’s class, but would
be spread across all classes of industry. To ensure procedural fairness in
the event of a request for review or an appeal in cases where the class
has changed, decision letters and review and appeal information were
sent to the employers’ association that best represented the appropriate
class and subclass of industry.
Effective September 28, 2002, if any portion attributable to any employer

at the time the claim is submitted is less than 20%, the costs incurred
following 10 weeks are not charged to any employer’s class, but will be
spread across all classes of industry. To ensure procedural fairness in the
event of a request for review or an appeal in such situations, decision
letters and review and appeal information are sent to the employers’
association that best represents the appropriate class and subclass of
industry.
4. The apportionment is made by comparing the number of years of

exposure with the employer at the time the claim is submitted with the
worker’s total exposure. No account is taken of varying degrees of
exposure which may have occurred at different times.

17 - 3
March 3, 2003 – Changes were made regarding references to review.
#113.21 Silicosis and Pneumoconiosis

If, in the case of silicosis or pneumoconiosis claims, there is exposure to silica dust or
other dust conditions in more than one subclass of industry within British Columbia,
costs are normally apportioned on the basis of employment records confirming the
exposure. Occasionally, it is difficult to be precise about exact periods of exposure
because absolute confirmation of employment is not always available many years after
the fact. This is because employers may no longer be in business or the worker is
unable to provide a complete résumé of employment. Under the circumstances, there
may be a few cases where it is unfair to simply use employment records for the
charging of costs, particularly if there is other substantive evidence available to support
exposure to silica dust in a certain class or classes of industry. The Board therefore has
discretion in the apportionment of costs for silicosis or pneumoconiosis claims, where it
appears that the sole use of employment records will produce an inequitable result.
The guidelines set out below are followed:
1. Cost for silicosis or pneumoconiosis claims will normally be apportioned

on the basis of confirmed periods of employment in industries where there
is exposure to silica dust or other dust conditions.
2. If confirmed employment records are unavailable, but there is other

substantive evidence to support periods of exposure to silica dust or other
dust conditions, the Board has discretion to apportion costs on the basis of
the best evidence available.
3. If a worker is entitled to compensation for silicosis or pneumoconiosis

under the terms of section 136, 137, 141, 142, or 143 of the Act, the costs
will be charged to the appropriate class or classes of industry within British
Columbia as provided by the Act.
#113.22 Hearing-Loss Claims

Section 250(2) of the Act provides that “If compensation is paid under section 145 [non-
traumatic hearing loss] in relation to a worker’s hearing loss caused by exposure to
causes of hearing loss in 2 or more classes or subclasses of industry in British
May 2020 Volume II

17 - 4
Columbia, the Board may apportion the cost of compensation among the funds provided
by those classes or subclasses on the basis of the duration or severity of the exposure
in each.”
The procedure followed to implement this provision is set out below.
1. An assessment is made of the worker’s work exposure history and an

apportionment made as between the various employers concerned of the
cost of compensation paid out. The apportionment is made by allocating
to each period of employment a factor varying in accordance with the
loudness of the noise experienced and multiplying this by the number of
years exposed in each employment. The resulting figures for each
employment are totalled and the percentage attributable to each is
calculated by reference to this total.
2. The costs of a claim are attributed to individual employers in accordance

with their percentage where those percentages are 20% or greater. If the
percentages of any employers are less than 20%, the equivalent
percentages of the costs of the claim are not attributed to any particular
employer, but are still charged to the appropriate class of industry.
3. If the total exposure in British Columbia is 5% or less, the claim is

disallowed. If the total exposure in British Columbia is 90% or greater, the
Board accepts responsibility for the whole hearing loss.
4. If there is only one employer, but (because of non-occupational or out-of-

province exposure) responsibility is less than 20%, the full costs of the
claim are nevertheless attributed to that employer.
CROSS REFERENCES: Item C4-31.00, Hearing Loss (Section C. Amount and Duration of Noise
Exposure Required by Section 145), of the Rehabilitation Services &
#113.30 Interjurisdictional Agreements

The Board may enter into agreements or make arrangements with Canada, a
province or a territory, or with the appropriate authority of Canada, a province or
a territory, respecting the following:
(a) administrative cooperation and assistance between jurisdictions in

all matters under this Act and corresponding legislation in other
jurisdictions;

17 - 5
(b) the provision of compensation, rehabilitation and health care to
workers in accordance with the standards established under this
Act or corresponding legislation in other jurisdictions;
(c) avoidance of duplication of assessments on workers’ earnings.
The Board has entered into the Interjurisdictional Agreement on Workers’

Compensation with the other provinces and territories of Canada, which contains
provisions to deal with situations where an injury, or exposure to the causes of an
occupational disease occurs in another province or territory. In addition, it contains a
system to permit the Board to help another Board’s workers or dependants and a
method of resolving disputes between Boards.
An employer who carries on business in British Columbia may be required to register

with this Board as an employer even though carrying on business and registering as an
employer with the Board in another province or territory.
If a worker of such an employer incurs an injury or occupational disease and is eligible

to claim compensation in this and another province or territory, the employer’s class will
be charged with the costs of the claim subject to adjustment resulting from any
reimbursements received or made under the terms of the Interjurisdictional Agreement.
CROSS REFERENCES: Item AP5-245-3, Payroll – Out-Of-Province Employers and Operations of
the Assessment Manual.
#114.00 PROVISIONS RELIEVING CLASS OF COSTS OF CLAIM

#114.10 Transfer of Costs from One Class to Another
(1) This section applies if the Board considers that
(a) a substantial amount of compensation has been awarded as a

result of the injury or death of a worker, and
(b) the injury or death was caused or substantially contributed to by a

serious breach of duty of care of
(i) an employer, or
(ii) an independent operator to whom the compensation

provisions apply by Board direction under section 4(2)(a)
that is in a different class or subclass from that of the worker’s

employer.

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(2) The Board may order that the compensation be charged, in whole or in
part, to the other class or subclass of an employer referred to in
subsection (1)(b)(i) or an independent operator referred to in
subsection (1)(b)(ii).”
This provision permits the Board to transfer the costs of a claim from the class of the
worker’s employer to the class of another employer in certain circumstances. The
requirements of such a transfer are discussed below.
#114.11 The Amount of Compensation Awarded Must Be Substantial

The Board has interpreted the word “substantial” as referring to a specific dollar amount.
The amounts are set out below:
Effective June 30, 2002, the dollar amount will be adjusted on January 1 of each year.
The percentage change in the consumer price index determined under section 333 of
the Act, as described in policy item #51.20, will be used.

#114.12 Serious Breach of Duty of Care of Another Employer Must

Have Caused or Substantially Contributed to Injury
“Duty of care” has the same meaning as it does in the law of tort. It is therefore relevant
to consider what conclusions a court of common law would come to if a claim for
damages for personal injury were brought by the worker against the other employer.
The basic question considered is whether there was a failure to take reasonable care.
The mere fact that the employer may have violated the Occupational Health and Safety
Regulation is not sufficient since it often imposes strict liability.
The doctrine of vicarious liability has no application to section 249, and a transfer of
costs is only available if the breach of duty of care consisted of acts or omissions by
management personnel who can be identified as the employer, and not to cases where
the breach of duty consists only of the act or omissions of other workers.
If there has been a breach of duty of care by the employer, the next question to be
considered is whether it was a “serious” one. The word “serious” refers to the culpability

17 - 7
of the employer’s behaviour rather than the consequences of that behaviour. Regard
will be had to the probability of injury resulting from the breach and the predictable
gravity of the likely consequences of such an injury.
The fact that the worker was negligent does not necessarily mean that the employer’s
breach of duty did not cause or substantially contribute to the injury. Lapses of attention
are a normal part of ordinary human behaviour that should be foreseen and guarded
against.
#114.13 Discretion of the Board

The Board has discretion, if the requirements set out in policy items #114.10 to #114.12
are satisfied, to transfer all or part of the cost of a claim. In exercising this discretion,
the Board takes no account of any contributory negligence by the worker.
#114.20 Depletion or Extinction of Industries or Classes

Section 240(1)(b) requires the Board to “provide a reserve in aid of industries or classes
which may become depleted or extinguished;”
Employers may apply to have the costs of a claim transferred from their class to that
fund. This provision is very rarely used.
#114.30 Disaster or Other Circumstance that Unfairly Burdens a

Rate Group
Section 240(1)(c) requires the Board to “provide a reserve … to meet the loss arising
from a disaster or other circumstance that the Board considers would unfairly burden
the employers in a class;”
Costs will not be charged to the fund created by section 240(1)(c) because there is an
unfair burden on an individual employer. The unfair burden must be on a rate group or
industry group of employers.
Each deposit account employer forms a classification unit, which is treated as a self-
funded rate group by itself. This does not automatically mean that a burden on the
deposit account employer is a burden on the rate group. The relief available to deposit
accounts under section 240(1)(c) is limited to the same sorts of situations as for other
employers.

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The Federal Government does not contribute to the Accident Fund, therefore no relief of
costs under this section can be made where the Federal Government is recorded as the
injury employer.

HISTORY: April 6, 2020 − Housekeeping changes consequential to implementing the
March 1, 2015 − Updated language consistent with rate-making system in
Assessment Manual; incorporated portions of, and replaced, then policy
item #114.50 Sections 39(1)(d), 39(1)(e) and Federal Government Claims
of this Manual.
This policy continues the substantive requirements as they existed prior to
the effective date.
#114.40 Enhancement of Disability by Reason of Pre-Existing

Disease, Condition or Disability
1. Overview
Section 240(1)(d) requires the Board to “provide and maintain a reserve for payment of
that portion of the disability enhanced by reason of a pre-existing disease, condition or
disability”. Under this section, eligible claims costs are redirected from an employer’s
experience rating and rate group to the section 240(1)(d) reserve.
The intent of section 240(1)(d) is to give reassurance to potential employers that in

employing workers with pre-existing diseases, conditions or disabilities, they will not
incur undue costs in respect of possible future injuries that are enhanced as a result of
the pre-existing diseases, conditions or disabilities.
If a claim is accepted under the Act for a personal injury, mental disorder or
occupational disease, the Board provides cost relief under section 240(1)(d) for any
portion of a compensable disability that is enhanced by reason of a pre-existing
disease, condition or disability. Section 240(1)(d) cost relief decisions do not impact a
worker’s entitlement to compensation.
The Board is responsible for initiating section 240(1)(d) cost relief considerations with or
without a specific request or application by an employer, and to decide upon the
applicability of the section on a claim.
This policy applies to all employers, including deposit class employers, except for the
Federal Government. As the Federal Government does not contribute to the Accident
Fund, no relief of costs under this section can be made where the Federal Government
is recorded as the injury employer.

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2. Eligibility
Cost relief consideration does not occur on claims where wage loss ended and/or
permanent disability benefits were established on or before December 31, 1993.
Where benefits were paid between January 1, 1994 and September 27, 2002, an
employer was eligible for cost relief consideration under now section 240(1)(d) in two
situations:
a) on all claims where there had been 13 or more weeks of temporary total
and/or temporary partial disability benefits paid;
b) permanent disability benefit had been granted.
Where benefits are paid on or after September 28, 2002, an employer is eligible for cost
relief consideration under section 240(1)(d) in two situations:
a) on all claims where there had been 10 or more weeks of temporary total
and/or temporary partial disability benefits paid;
b) permanent disability benefits have been granted.
Cost relief can be considered on claims where the pre-existing disease, condition or
disability arose from an earlier compensable injury or disease with the same employer,
where the date of injury or disease, for the injury or disease on which relief is sought, is
on or after July 1, 1998. The date of the disease, for the purpose of this paragraph, is
the date that the first claim document is registered at the Board.
3. Evaluation Process
Any impact of the pre-existing disease, condition or disability on the occurrence of the
compensable injury is irrelevant to the question of whether cost relief will be granted for
the enhanced disability.
Three questions are considered when evaluating the application of section 240(1)(d).
1. Was there a pre-existing disease, condition or disability, and if so, to what

extent?
A “pre-existing” disease, condition or disability is one that exists before the

compensable injury and is established by a confirmed diagnosis or medical opinion. It
does not have to be symptomatic prior to the compensable incident, nor does there
have to be previous medical treatment or disability related to the pre-existing disease,
condition or disability, for it to be considered for the purposes of relief of costs under
section 240(1)(d).
If a worker suffers a compensable personal injury (including mental disorder or

occupational disease), and there is no evidence of any pre-existing disease, condition

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or disability, section 240(1)(d) does not apply. The fact that a disability has been
enhanced by factors other than a pre-existing disease, condition or disability is not a
ground for relief under section 240(1)(d).
2. Was the worker’s compensable disability enhanced by reason of a pre-

existing disease, condition or disability, and if so, to what extent?
“Enhanced” can mean either the prolongation of recovery or the extent to which the
compensable disability is made worse, due to the pre-existing disease, condition or
disability.
Evidence that may be considered in determining the degree of prolongation or

worsening of a disability includes:
• medical opinion regarding the “normal” recovery time for the particular type of
injury;
• medical opinion regarding the “normal” post-surgical recovery time;
• the requirement of additional health care services (physiotherapy,

hospitalization, etc.); and
• medical evidence contained on the claim.
All relevant factors are considered in the decision-making process.
If the severity of the compensable accident, incident or exposure was relatively minor,
but there is evidence that the recovery period was prolonged, or the temporary or
permanent disability was made worse, by reason of a pre-existing disease, condition or
disability, cost relief under section 240(1)(d) will clearly be applicable.
3. How severe was the incident initiating the claim in question?
If there is confirmation of a pre-existing disease, condition or disability of a minor

degree, but the incident which precipitated the compensable claim was of a severe
nature, cost relief under section 240(1)(d) will not normally be applicable.
Since section 240(1)(d) specifically refers to the enhancement of “disability”, it has no

application in fatal cases or in cases where only health care benefits are payable.
4. Determining Amount of Cost Relief
After it has been determined that a pre-existing disease, condition or disability has
enhanced the compensable disability, the Board then determines the amount of cost
relief to be granted to an employer.
The grid below is one tool that may be used to determine the amount of cost relief to be
granted to an employer. It plots the medical significance of the pre-existing disease,

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condition or disability against the severity of the accident, incident or exposure resulting
in the compensable disability.
Medical Significance of Severity of Accident, Percentage of Cost Relief

Pre-existing Disease, Incident or Exposure
Condition or Disability
Minor Minor 50%
Moderate 25%
Major 0%
Moderate Minor 75%
Moderate 50%
Major 25%
Major Minor 90-100%
Moderate 75%
Major 50%
Medical Significance
A determination of the medical significance of the pre-existing disease, condition or

disability is based on a review of the medical evidence and, where applicable, an
opinion from the Board.
Severity
The severity of the accident, incident or exposure is generally determined by a review of

the factual evidence, including the mechanics of the injury, the activity the worker was
undertaking at the time of the injury and the conditions of the worksite.
The following definitions will assist in assessing the severity of the accident, incident or
exposure:
“Minor” severity is expected to cause either no disability or a minor disability.
“Moderate” severity is expected to cause a disability.
“Major” severity is expected to cause serious disability or probable permanent

disability.

17 - 12
Percentage
How much disability stems from the compensable injury and how much from the
enhancement of the disease, condition or disability and, therefore, to what extent costs
should be charged under section 240(1)(d) can never be more than an estimate and will
always be difficult to determine.
There may be circumstances where the evidence points to a different percentage being
relieved than those suggested in the grid. It is more likely that the grid would be used
where the distinction between the effects of the pre-existing disease, condition or
disability and the compensable injury are not easily made.
In cases of continuing wage-loss benefits and health care benefits, it may be

appropriate for the Board to determine that after a particular point in time, all the costs
are charged under section 240(1)(d). Alternatively, it may also be determined that a
percentage is relieved from a certain time onwards.
A decision on cost relief related to the payment of wage-loss benefits is distinct and
separate from a decision on cost relief for permanent disability benefits arising out of the
same claim.
No minimum period of temporary disability is required in order for cost relief to be

considered on permanent disability benefits.
In respect of permanent disability benefits, it is necessary for the Board to establish a

percentage of cost relief to be granted based on the applicable medical evidence. It is
noted that 100% cost relief cannot be granted for permanent disability benefits, as this
would imply that no portion of the permanent disability resulted from the work-related
injury.
5. Timing of Cost Relief Decisions
If an employer is eligible for cost relief consideration on a claim, the decision is made at
the earliest of:
a) there being sufficient evidence to make a determination on whether the

compensable disability was enhanced by reason of a pre-existing disease,
condition or disability; or
b) the conclusion of temporary disability compensation; or
c) after six months of wage loss has been paid.
Cost relief decisions may be deferred beyond six months of wage loss payment if the
impact of the pre-existing disease, condition or disability on the compensable disability
is not yet clear, or major diagnostic procedures have been scheduled that would clarify
the existence, and/or extent of any pre-existing disease, condition or disability.

17 - 13
6. Communication of Cost Relief Decisions
The Board notifies the eligible employer of all section 240(1)(d) cost relief decisions.
If there is a disagreement with such a decision, the employer may request a review by
the Review Division.
CROSS-REFERENCES: Policy item #97.30, Medical Evidence, of the Rehabilitation Services &
HISTORY: September 1, 2020 – Policy amended to remove a spent provision.
May 1, 2011 – Housekeeping amendments to remove references to
specific job titles, departments, appellate bodies and update references
to external government bodies.
April 8, 2005 − Housekeeping amendments; combination and
replacement of policy items #114.40A, Enhancement of Disability by
Reason of Pre-Existing Disease, Condition or Disability, #114.40B,
Enhancement of Disability by Reason of Pre-Existing Disease, Condition
or Disability, #114.43, Procedure Governing Applications under
Section 39(1)(e), and then #114.50, Sections 39(1)(d), 39(1)(e) and
Federal Government Claims of this Manual; incorporated policy
previously set out in Panel of Administrators’ Resolution No. 1998/04/23-
03 Re: Section 39(1)(e): section 240(1)(d) cost relief consideration does
not occur on claims where wage loss ended and/or permanent disability
compensation was established on or before December 31, 1993; on or
after July 1, 1998, section 240(1)(d) cost relief consideration is available
for claims in which the pre-existing disease, condition or disability arises
from an earlier compensable injury or disease with the same employer
as the compensable injury or disease for which relief is sought;
incorporated portions of, and retired from policy status, Workers’
Compensation Reporter Decision No. 271, [1971] 4 W.C.R. 10; further
amendments clarified the evaluation process for allocating cost relief.
This policy continues the substantive requirements as they existed prior
to the effective date.
#114.41 Relationship Between Sections 146 and 240(1)(d)

It is important to distinguish between the provisions of section 146 and
section 240(1)(d), as discussed in policy items #44.00 and #114.40. Section 146 deals
with the situation where a disability resulting from a work injury is superimposed on a
pre-existing disability in the same part of the body and increases that disability, or if
entitlement to permanent disability benefits is being determined on a loss of earnings
basis under section 196 of the Act, and the disability is deemed to be partly the result of
a disability in another part of the body. The application of section 146 may result in a
reduction in the amount of compensation paid to the worker.
Section 240(1)(d), on the other hand, is concerned only with the rate group to which the
costs of the claim are to be charged and cannot affect the entitlement of the worker. It
can apply in cases where section 146 does not apply and the whole of the worker's

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disability results from the injury or, if section 146 does apply, to the portion of disability
for which the Board is responsible. It provides relief for the rate group of the worker’s
employer if the disability or portion of disability accepted under the claim is worse
because of a pre-existing disease, condition or disability than it otherwise would be.
That condition might well be in a different part of the worker’s body.

HISTORY: April 6, 2020 − Housekeeping changes consequential to implementing the
March 1, 2005 − Updated language, consistent with rate-making system in
Assessment Manual.
This policy continues the substantive requirements as they existed prior to
the effective date.
#114.42 Application of Section 240(1)(d) to Occupational Diseases

Section 240(1)(d) will not be applied to occupational disease claims simply because the
disease results from exposure in several different employments. That situation is dealt
with in policy item #113.20. However, there may be cases where the disability caused
by an occupational disease was enhanced by a pre-existing condition.
Section 240(1)(d) can be applied in such cases if the criteria outlined in policy
item #114.40 are met.
CROSS REFERENCES: Policy item #113.20, Occupational Diseases, of the Rehabilitation
#115.00 PROVISIONS CHARGING INDIVIDUAL EMPLOYERS

One provision of this nature has been discussed in policy item #94.15. Section 262
permits the Board to charge an employer with the costs of a claim where late in
submitting a report of injury to the Board.
Other provisions of this nature are discussed below.

#115.10 Failure to Register as an Employer at the Time of Injury

If an employer is an employer to which the Act extends compulsory coverage, failure to
register with the Board as an employer will not prejudice any claim by the employees
unless the provisions set out in the policy in Item AP1-1-4 of the Assessment Manual
apply. However, the employer may be faced with paying the costs of the claim under
section 263, which provides, in part:

17 - 15
(1) This section applies if an employer
(a) refuses or neglects to make or provide a payroll estimate or other

record required to be provided by the employer under
section 245(1) [employer obligation to provide payroll estimates and
reports], or
(b) refuses or neglects to pay
(i) an assessment,
(ii) the provisional amount of an assessment, or
(iii) an instalment or part of an assessment or a provisional

amount of an assessment.
(2) Subject to subsection (4), the employer must, in addition to any penalty or
other liability to which the employer may be subject, pay the Board the full
amount or capitalized value, as determined by the Board, of the
compensation payable in respect of an injury or occupational disease to a
worker in the employer’s employ that happens during the period of the
default referred to in subsection (1).
(3) The payment of an amount required to be paid under subsection (2) may
be enforced in the same manner as the payment of an assessment may
be enforced.
...
An employer must do the following:
(a) keep at all times at a place in British Columbia complete and

accurate particulars of the employer’s payrolls;
(b) notify the Board of the current location of the place referred to in
paragraph (a);
(c) provide to the Board an estimate of the probable amount of the

payroll of each of the employer’s industries within the scope of the
compensation provisions, together with any further information
required by the Board,
(i) when the employer becomes an employer within the scope

of those provisions, and

17 - 16
(ii) at other times as required by Board regulation of general
application or by an order of the Board limited to a specific
employer
(d) provide to the Board certified copies of reports of the employer's

payrolls, on or after the end of each calendar year and at the other
times and in the manner required by the Board.
Under section 263(4), if satisfied that the default was excusable, the Board may in a
specific case relieve the employer in whole or in part from liability under section 263.
The Board has decided that section 263 applies to claims for fatalities.
The charge made under section 263 is in addition to any ordinary assessments which
the employer may be liable to pay for the period prior to the occurrence of the injury.
Policy item #113.30 dealt with the rules followed in charging the costs of claims where
an employer is carrying on business in two or more provinces and is required to register
in both. If such an employer is not registered in British Columbia at the time of an injury,
there may be personal liability for the costs of the claim under section 263 in any
situation where, under the provisions of the Interjurisdictional Agreement or otherwise,
the employer’s class would ordinarily be charged.
CROSS REFERENCES: Policy item #113.30, Interjurisdictional Agreements, of the Rehabilitation
Services & Claims Manual, Volume II;
Item AP1-1-4, Coverage under Act – Employers, of the Assessment
Manual.
March 18, 2003 – Changes were made regarding numerical reference to
the policy in Item AP1-1-4 of the Assessment Manual.
#115.30 Experience Rating Cost Exclusions

(1) The Board must establish subclassifications, differentials and proportions

in the rates as between the different kinds of employment in the same
class, as the Board considers just.
(2) If the Board considers that a particular industry or plant is circumstanced

or conducted such that the hazard or cost of compensation differs from the
average of the class or subclass to which the industry or plant is assigned,
the Board
May 2020 Volume II

17 - 17
(a) must establish a special rate, differential or assessment for that
industry or plant to correspond with the relative hazard or cost of
compensation of that industry or plant, and
(b) for the purpose referred to in paragraph (a), may also adopt a
system of experience rating.
The Board has adopted an experience rating plan (ER) under this section of the Act.
The plan compares the ratio between an employer’s claim costs and assessable payroll
with the ratio between the total claim costs and assessable payroll of the employer’s
rate group. Subject to maximums, discounts are assigned for favourable ratios and
surcharges for unfavourable ratios. The discount or surcharge takes the form of a
percentage increase or decrease in the usual assessment rate. Details of ER can be
found in the policy in Item AP5-247-1 of the Assessment Manual.
As a general rule, all acceptable claims coded to a particular employer are counted for
experience rating purposes. It makes no difference whether the injury was or was not
the employer’s fault. There are, however, some types of claim costs which are
excluded from consideration. These are:
1. Costs recovered by way of a third party action (see policy item #111.25).
2. Investigation and/or compensation costs paid out prior to the disallow of a claim
or reversal of a decision by the Board, or the Workers' Compensation Appeal
Tribunal (see policy item #113.10).
3. Costs transferred to the rate group of another employer under section 249 (see
policy item #114.10).
4. Costs assigned to the funds created by section 240(1)(c) and (d) (see policy
item #114.30, and policy item #114.40).
5. Occupational disease claims which on average require exposure for, or involve

latency periods of, two or more years before manifesting into a disability. The
diseases presently excluded on this ground are:
Non-traumatic hearing loss, excluding hearing loss resulting from other injuries
Silicosis
Asbestosis
Other diagnosed pneumoconioses, for example, anthracosis and siderosis
Pneumoconioses not specifically diagnosed
Heart disease

17 - 18
Cancer
Hand-arm vibration syndrome, vinyl chloride induced Raynaud's phenomenon,

disablement from vibrations
(see policy item #113.20)
6. Until September 27, 2002, costs after 13 weeks where section 134(2) applies
(see Item C3-14.10). Effective September 28, 2002, costs after 10 weeks where
section 134(2) applies (see Item C3-14.10).
7. Costs from accidents substantially due to personal illness, e.g. epilepsy (see
Item C3-16.00).
8. Injuries covered by Items C11-88.10, C11-88.40, and C11-88.50.
9. The situations covered by policy item #115.31 and policy item #115.32 below.
10. The situation covered by policy item #115.33.
11. The costs of certain compensable consequences that occur at a place, or en

route to or from a place, of treatment, surgery, or Board-related assessment, as
set out in policy item #115.34.
The decision whether a claim falls within one of the exclusions will usually be made by
the Board. In the case of third party actions (Exclusion 1), a Board solicitor makes the
decision.
January 1, 2016 – policy amended to add new type of claim costs to be
excluded from consideration for experience rating purposes, as set out in
policy item #115.34, Experience Rating Exclusions for Certain
Compensable Consequences.
August 1, 2010 – Consequential amendments to address whether an
employer should receive cost relief where a worker continues to receive
temporary wage-loss benefits for a compensable disability when a
subsequent non-compensable incident delays the worker’s recovery from
the compensable disability.
June 1, 2009 – Deleted references to the Review Division, Medical
Review Panel and the Worker and Employer Services Division.
March 1, 2005 – Updated language as to the use of the phrase “rate
group”, consistent with rate-making system in Assessment Manual;
updated and incorporated cross-references to policy items #113.20 and
C11-88.10, to make all items consistent and accurate. This policy
continues the substantive requirements as they existed prior to the
effective date. Applied to all decisions on or after March 1, 2005.
March 18, 2003 – “Discount”, “Surcharge” and the numerical reference to
the policy in then Item AP1-42-1 in the Assessment Manual were
incorporated.
APPLICATION: This policy applies to all decisions made on or after January 1, 2016.

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#115.31 Injuries or Aggravations Occurring in the Course of Treatment,
Surgery, and Board-related Appointment, or Travel Thereto
If there is an aggravation of an injury or a subsequent injury arising out of treatment,
surgery, Board-related assessment, or travel for exceptional medical treatment or
examination for the primary injury, and the aggravation or subsequent injury is
acceptable on the claim, compensation costs resulting from this secondary problem will
be charged in the usual way. Exclusion from the employer’s experience rating will only
occur if:
1. the original injury was one that would not have been expected to result in
death or the permanent disability, or the increased disability, that
occurred, and
2. the aggravation or subsequent injury occurred beyond the operations of

the employer, and if the worker required transportation to a hospital or
other place of medical treatment, after the employer had fulfilled the
obligations under section 159 (see Item C10-83.30), and
3. the aggravation or subsequent injury resulted in permanent disability or

death.
The application of relief is limited to the permanent disability compensation reserve

established for a fatality or the permanent disability, or portion of the permanent
disability, that resulted from the aggravation or subsequent injury arising out of
treatment, surgery, Board-related assessment, or travel for exceptional treatment or
examination.
Consideration is automatically given by the Board to excluding the costs from

experience rating in these cases. No request from the employer is required. The
employer will be advised of the decision in writing and of the relevant review and/or
appeal rights.
Item C3-22.10, Compensable Consequences – Travel (esp. for meaning
of travel for exceptional treatment or examination);
Item C10-83.30, Date of Injury Transportation;
Manual, Volume II.
January 1, 2016 − Policy amended to clarify that the costs of injuries or
aggravations arising out of surgery, Board-related assessment, and
travel for exceptional medical treatment or examination will be excluded
from an employer’s experience rating per injuries or aggravations arising
out of treatment.

17 - 20
January 1, 2015 – Consequential amendments were made effective,
arising from changes to Chapter 10, Medical Assistance, of the
June 1, 2009 – Policy updated to reflect the wording of decision-makers,
departments, appellate bodies, and external agencies.
March 3, 2003 – Amended to delete references to the Review Board and
the Appeal Division.
June 30, 2002 – Housekeeping changes were made to update
terminology.
APPLICATION: This policy applies to all decisions made on or after January 1, 2016.
#115.32 Claims Involving a Permanent Disability and a Fatality

ER does not include the actual cost of the fatal claims experienced by an employer.
Rather, it includes for each claim the average cost for all fatal claims in the year.
A worker in receipt of permanent disability benefits may die as a result of the injury or
disease accepted under the claim. If compensation is payable to dependants, the cost
otherwise included in ER may be reduced to the extent set out below:
1. Where the average cost of compensation for a fatality is the same or less
than that of the permanent disability benefits, the total cost of the
compensation for the fatality is excluded.
2. Where the average cost of compensation for a fatality is greater than that
of the permanent disability benefits, a portion of the cost of the
compensation for the fatality equal to the reserve charged to the employer
for the permanent disability benefits is excluded.
#115.33 Claims Relating to Subsequent Non-Compensable Incidents

A worker may continue to receive temporary wage-loss benefits where recovery from a
compensable disability is delayed due to a subsequent non-compensable incident.
As set out in policy item #34.55, the Board estimates when the worker would have
reached maximum medical recovery. The Board continues to pay wage-loss benefits
for the period that the Board estimates the worker would have taken to reach maximum
medical recovery from the compensable injury had the subsequent non-compensable
incident not occurred.
When the estimated date for terminating wage-loss benefits arrives, if the worker is still
disabled, the Board makes a new decision as to whether the disability is due to the
compensable injury or the subsequent non-compensable incident. If the disability is due
to the compensable injury, wage-loss benefits may be continued.
If the delay in recovery is due to the subsequent non-compensable incident, the cost of
compensation associated with the delay in recovery beyond the estimated date for
terminating temporary wage-loss benefits is excluded from the employer’s experience
rating. These costs will also not be charged to the employer’s rates group, but will be
spread across all rate groups.

17 - 21
Claims costs associated with permanent disability benefits would not be relieved under
this policy.
APPLICATION: This policy applies to all decisions made on or after August 1, 2010.
#115.34 Experience Rating Exclusions for Certain Compensable

Consequences
A. At Places of Treatment, Surgery, Board-Related Appointment, and
Vocational Rehabilitation
The Board considers places of treatment, surgery, appointment (including pre-arranged

appointments at the Board or Workers’ Compensation Appeal Tribunal), or Vocational
Rehabilitation that a worker attends because of a compensable injury analogous to the
worker’s place of employment.
A further injury, increased disablement, disease, or death arising at such a location may
therefore be compensable, if the Board has determined that the parameters set out in
Item C3-22.00 were met. This includes a further injury sustained by a worker stumbling
down the stairs at the location in question while en route to the pre-arranged
appointment.
The Board includes most costs of the compensable consequences that occur at the
place of treatment, surgery, and pre-arranged appointment (including appointments at
the Board or Workers’ Compensation Appeal Tribunal) when calculating an employer’s
experience rating.
There are two exceptions. One is for compensable consequences that occur at the
location in question, but which are not a direct consequence of the treatment, surgery,
or Board-related assessment itself, or actually caused by the condition resulting from
the compensable injury. The Board normally excludes the costs of these compensable
consequences from the employer’s experience rating.
The second exception is for the compensable consequences of Vocational

Rehabilitation. With respect to Board-approved Vocational Rehabilitation plans, the
Board normally excludes the following costs from the participating employer’s
experience rating:
• the costs arising from injuries or aggravations that occur during the course of
Board-sponsored work assessments described in Item C11-88.10;
• the costs of certain employment injuries and aggravations occurring in the course
of training-on-the-job programs described in Item C11-88.40; and

17 - 22
• the costs of an aggravation or new injury to a trainee participating in a Vocational
Rehabilitation Formal Training program described in Item C11-88.50.
B. Travel to Places of Treatment, Surgery, Appointment, and Vocational

Rehabilitation
As set out in Section A of Item C3-22.10, the Board considers travel to and from places
of treatment, surgery, appointment, and Vocational Rehabilitation analogous to the
worker’s regular commute to and from work. For this reason, further injuries, increased
disablement, or death sustained in the course of this travel are not generally
compensable and cost allocation is not an issue.
However, the Board may have determined that a further injury, increased disablement,
or death sustained in the course of such travel was a compensable consequence of the
compensable injury, if the parameters set out in Section B of Item C3-22.10 were met.
This includes traveling to pre-arranged appointments at the Board or Workers’
So long as the condition resulting from the compensable injury did not actually cause
the accepted compensable consequence, the Board normally excludes the costs of the
compensable consequences that occur in the course of travel to and from places of
treatment, surgery, and pre-arranged appointment (including appointments at the Board
or Workers’ Compensation Appeal Tribunal) from the employer’s experience rating.
C. Excluding the Costs for Further Temporary Disability
In order to exclude the costs of one of the exceptional compensable consequences

discussed above from an employer’s experience rating, the Board estimates when the
worker would have recovered or stabilized from the original compensable injury.
When the Board’s estimated date for recovery arrives, the Board excludes the claim
costs beyond that date from the employer’s experience rating if:
• the worker is still temporarily disabled; and
• there is no clear evidence that the continuing temporary disability is due to the
original compensable injury.
D. Excluding the Costs for Further Permanent Disability
The Board may exclude the costs of one of the exceptional compensable consequences
discussed above from an employer’s experience rating for permanent disability or
fatality compensation under policy item #115.31.

Item C3-22.10, Compensable Consequences – Travel;

17 - 23
Item C11-88.10, Vocational Rehabilitation – Work Assessments;
Item C11-88.40, Vocational Rehabilitation – Training-on-the-Job;
Item C11.88.50, Vocational Rehabilitation – Formal Training;
Policy item #115.31, Injuries or Aggravations Occurring in the Course of
Treatment, Surgery, and Board-related Appointment, or Travel Thereto,
This new policy was approved and brought into effect by BOD Resolution
No. 2015/05/27-03.
APPLICATION: This policy applies to all claims for injuries that occur on or after
January 1, 2016.

17 - 24
CLAIMS MANUAL
RE: Retirement Benefits − ITEM: C18-116.00

Establishment of Amounts Set Aside
and Contributed
BACKGROUND
The Workers Compensation Act, R.S.B.C. 1996, c. 492, as amended by the

Amendment Act, 2002, established the provision of a retirement benefit for an injured
worker in receipt of permanent disability periodic payments. The retirement benefit is
intended to compensate a worker for the impact of the worker’s permanent disability on
the worker’s ability to accumulate retirement savings.
Under section 204 of the Act, the Board sets aside an amount toward the establishment
of a retirement benefit. A worker may also apply to the Board under section 205 to
contribute a portion of the worker’s permanent disability periodic payments in addition to
the amounts set aside by the Board.
2. The Act
Section 120:
(1) The following apply to an amount payable as compensation or by way of

commutation of a periodic payment in respect of compensation:
(a) the amount is not capable of being assigned, charged or attached;
(b) the amount must not pass by operation of law except to a personal
representative.
(2) A claim must not be set off against an amount referred to in

subsection (1), except for money
(a) advanced by way of financial or other social welfare assistance

owing to the government, or
(b) owing to the accident fund.
Section 190:
Compensation under this Division [Division 6 of Part 4 of the Act − Compensation

for Worker Disability] is subject to the following provisions:

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(a) section 230 [manner of compensation payment: periodic or lump

sum];
(b) section 231 [payment of compensation in specific circumstances];
(c) section 232 [Board authority to discontinue or suspend payments];
(d) section 233 [deduction in relation to payments from employer].
Section 202:
(a) a periodic payment of compensation under section 194(1), 195(1)

or 196(1) [compensation for permanent disability] in respect of an
injury, and
(b) a disability benefit under the Canada Pension Plan in respect of the
injury.
(2) Subject to sections 194(2), 195(2) and 198(5) [minimum compensation

payments], the Board must deduct from a periodic payment referred to in
subsection (1)(a), an amount that equals 50% of any disability benefit paid
as referred to in subsection (1)(b).
Section 204:
(1) This section applies to a worker who is receiving periodic payments under
section 194(1), 195(1) or 196(3) [compensation for permanent disability].
(2) The Board must set aside, at the time a periodic payment is made to a
worker, an amount that
(a) equals 5% of the periodic payment, and
(b) is in addition to the periodic payment.
(3) The Board must provide each worker with an annual statement containing
all relevant information about the funds accumulated by the Board for
payment of the worker’s retirement benefit.
Section 205:
(1) A worker may apply to the Board to contribute to the amount set aside or
to be set aside under section 204 an amount that is not less than 1% and

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not greater than 5% of each subsequent periodic payment made to the

worker.
(2) Subject to subsection (3), if a worker makes an application under this

section, the Board must, as soon as practicable, deduct the amount of the
worker’s contribution from each subsequent periodic payment made to the
worker and add this contribution to the amount set aside under
section 204.
(3) The deductions made by the Board under subsection (2) may not be
varied, except in response to an application by the worker to stop the
deductions.
(4) A worker may
(a) only once make an application for deductions under subsection (2),
and
(b) only once make an application to stop the deductions under

subsection (3).
(5) An application made under this section must be in a form acceptable to

the Board.
POLICY
1. Amounts Set Aside by the Board
A worker who is in receipt of permanent total or permanent partial disability periodic

payments is entitled to have an amount set aside by the Board toward the worker’s
retirement benefit.
Commencing the effective date of permanent disability benefits, the Board will set aside
an amount equal to 5% of a worker’s permanent disability periodic payment. This
amount is in addition to the permanent disability periodic payment. As well, the amount
set aside is based on the worker’s permanent disability periodic payment prior to any
deductions for Canada Pension Plan disability benefits paid to the worker and any
deductions made in accordance with section 120 of the Act.
The amounts set aside by the Board are deposited in a reserve in the Accident Fund.
However, if a worker’s permanent disability benefits are totally or partially commuted,

the future amounts to be set aside by the Board will also be totally or partially
commuted. Please refer to policy items #45.00 to #45.61 in Chapter 6, Permanent

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Disability Benefits for additional information regarding the commutation of the future
amounts to be set aside by the Board.
2. Voluntary Contributions
A worker may also contribute a portion of the worker’s permanent disability periodic
payments to the amount set aside by the Board.
As part of the notification of a worker’s entitlement to permanent disability benefits, the

Board will provide a worker with an application for voluntary contributions. A worker
who wishes to contribute to the amount set aside by the Board is required to complete
the application form indicating an amount that is not less than 1% and not greater than
5% of each subsequent permanent disability periodic payment made to the worker. The
worker is required to return the completed application form to the Board.
Following receipt of a worker’s application to contribute to the amount set aside by the
Board, the Board will, as soon as practicable, deduct the indicated contribution amount
from each subsequent periodic payment provided to the worker. The amount deducted
is based on the worker’s permanent disability periodic payment prior to any deductions
for Canada Pension Plan disability benefits paid to the worker and any deductions made
in accordance with section 120 of the Act.
The worker’s contribution, along with the amounts set aside by the Board, are deposited
in a reserve in the Accident Fund.
A worker’s contribution amount may not be altered once started, except to cancel the
contributions. A worker may only once make an application to the Board to stop the
voluntary deductions. A request to stop the deductions must be provided to the Board
on a Board prescribed application form. The Board will stop the deductions effective the
month following receipt of the application by the Board.
In addition, a worker’s decision to stop voluntary contributions is final and cannot later
be reversed.
3. Retroactive Permanent Disability Benefits
Subject to section 190, permanent disability benefits under sections 194, 195 and 196
of the Act may be granted retroactively to a worker. The Board will set aside an amount
equivalent to 5% of the retroactive permanent disability benefit in a reserve in the
Accident Fund.
If a worker has chosen to make voluntary contributions toward a retirement benefit, the
Board will also deduct from the retroactive permanent disability benefit an amount equal
to the worker’s voluntary contributions. This amount will be set aside in a reserve in the
Accident Fund.

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Interest on the retroactive amounts will only be granted in accordance with policy
item #50.00.
4. Annual Statement
Under section 204(3), the Board is required to provide a worker with an annual
statement containing all relevant information about the amounts set aside by the Board
for payment of the worker’s retirement benefit. The Board will determine the types of
information provided on the annual statement. The statement will include information
regarding the status of the amounts set aside, any amounts contributed and any
accumulated investment income.
5. Assignment or Attachment of Amounts Set Aside and Contributed
The amounts set aside by the Board and the worker’s voluntary contributions are not
subject to assignments, charges or attachments while these amounts are maintained in
the retirement reserve. The retirement benefit is, however, subject to assignments,
charges or attachments as set out in section 120 and policy items #48.00 to #48.50 only
when the retirement benefit is payable.

CROSS REFERENCES: Chapter 6 − Permanent Disability Benefits, of the Rehabilitation Services
Prior to June 30, 2002, permanent total disability compensation
(section 194) and permanent partial disability compensation assessed
under the loss of function method of permanent disability assessment
(section 195) were payable for the lifetime of the worker. The duration of
permanent partial disability compensation assessed under the projected
loss of earnings method (section 196) was addressed in then policy
item #40.20, Duration of Projected Loss of Earnings Pensions.
APPLICATION: This policy applies to injuries occurring on or after June 30, 2002 and to
a worker whose permanent disability first occurs on or after
June 30, 2002. This policy also applies to recurrences occurring on or
after June 30, 2002.

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Payment of Retirement Benefits
BACKGROUND
The Act defines “retirement benefit” as a lump sum payable under section 206.
This section stipulates the amount that a worker will receive as a retirement benefit
following the conclusion of permanent disability periodic payments. The benefit will be
provided when the worker reaches age 65, or on the date of the worker’s last monthly
periodic payment, if after age 65.
Section 206 provides direction on the provision of the amounts set aside, and any
contributions and accumulated investment income, to the worker’s designated
beneficiary, or estate, if a worker dies before the retirement benefit is paid.
2. The Act
Section 1, in part:
“retirement benefit”, in relation to a worker, means the lump sum payable to the
worker under section 206 [payment of retirement benefit];
...
Section 206:
(1) Subject to subsection (3), on the date determined under subsection (2), a
worker is entitled to receive a lump sum that equals the total of
(a) the amounts set aside for payment to the worker under section 204,
(b) the contributions, if any, made by the worker under section 205,
and
(c) the accumulated investment income earned on those amounts and

contributions.

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(2) A worker’s entitlement under subsection (1) is effective,
(a) subject to paragraph (b) of this subsection, on the date the worker
reaches 65 years of age, or
(b) if the date of the last periodic payment to the worker is after the
date the worker reaches 65 years of age, on the date of that last
periodic payment.
(3) Despite section 231(4) [Board discretion respecting amount accrued to

worker], if a worker dies before receiving the worker’s retirement benefit
under subsection (1) of this section, the Board must, on the death of the
worker, pay the lump sum to which the worker would have been entitled
under that subsection to
(a) a beneficiary designated by the worker, or
(b) the worker’s estate, if a beneficiary is not designated.
Subsection 230(2)(a):
(2) The Board may, at the Board’s discretion, do the following:
(a) commute all or part of
(i) the periodic payments due or payable to a worker or

dependant, and
(ii) the future amounts that are to be set aside for payment of a
retirement benefit,
to one or more lump sum payments, to be applied as directed by

the Board;
POLICY
1. Effective Date of Entitlement to a Retirement Benefit
The effective date of the retirement benefit will either be:
• the date the worker reaches 65 years of age; or
• the date of the last periodic payment to the worker, if that date is after the
date the worker reaches 65 years of age, as determined by the Board.

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2. Payment of Retirement Benefit
On the effective date of entitlement to a retirement benefit, a lump sum is provided to

the worker equal to the following:
• the amounts set aside by the Board;
• the contributions, if any, made by the worker; and
• any accumulated investment income earned on those amounts and

contributions.
A worker is guaranteed to receive the amounts set aside by the Board and any amounts
the worker has contributed.
It is anticipated that investment income will be earned on the accumulated amount set
aside by the Board and, if applicable, amounts contributed by the worker. However, in
those cases where the accumulated investment return on the retirement reserve is
negative, the loss will not be passed onto the worker.
3. Commutation of the Amounts Set Aside by the Board
If a worker is eligible for a commutation of the worker’s permanent disability periodic

payment, the Act provides that the future amounts to be set aside by the Board for
payment of a retirement benefit will also be commuted.
Policy items #45.00 to #45.61 in Chapter 6, Permanent Disability Benefits, which are
used to determine a worker’s eligibility for commutation of permanent disability benefits,
are also applied in the commutation of the amounts set aside by the Board.
4. Dormant Account
If the Board, at the time the retirement benefit is to be paid out as a lump sum, has no
current address for a worker, and is otherwise unable to contact a worker, the reserve in
the Accident Fund for the amounts set aside by the Board and the worker’s
contributions will be considered dormant. No further amounts will be set aside by the
Board or contributed following the effective date of the retirement benefit.
5. Worker Dies Prior to Payment of Retirement Benefit
Upon the worker receiving notice from the Board of entitlement to have amounts set
aside and contributed, the Board will request that the worker provide the name of the
worker’s designated beneficiary. A designated beneficiary is any person whom a
worker designates to receive the funds deposited in the retirement reserve if the worker
dies prior to receiving the retirement benefit. The Board will change the designated
beneficiary, only following the receipt of a worker’s written authorization.

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If a worker dies prior to the payment of the retirement benefit, the Board will pay a lump
sum to the designated beneficiary equal to the total of the amounts set aside by the
Board, any voluntary contributions made by a worker, and any accumulated investment
income earned on the amounts set aside and the contributions.
The designated beneficiary is guaranteed to receive at least the amounts set aside by
the Board and any amounts the worker has contributed, and any accumulated
investment income.
If a worker fails to designate a beneficiary, the lump sum outlined above will be paid to a
worker’s estate if the worker dies prior to receiving the retirement benefit.

CROSS REFERENCES: Policy item #45.00, Lump Sums and Commutations;
Policy item #45.10, Permanent Disability Periodic Payment
Categories/Lump Sum Payments;
Policy item #45.20, Criteria for Allowing or Disallowing a Commutation;
Policy item #45.21, Death of Worker Prior to Payment under Category A
in Policy Item #45.10;
Policy item #45.30, Types of Commutations Permitted;
Policy item #45.40, Purpose of Commutations;
Policy item #45.41, Paying Off Debts;
Policy item #45.42, Investments;
Policy item #45.43, Starting a Business;
Policy item #45.45, Buying a Home;
Policy item #45.50, Decision-Making Procedures;
Policy item #45.60, Amount Paid on Commutations;
Policy item #45.61, Calculation of Lump-sum Payment or Commutation,
August 14, 2020.

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Management of Funds Set Aside
And Contributed
BACKGROUND
Section 207 specifies how the Board will manage the funds that are set aside for
payment of a retirement benefit.
A reserve has been created under subsection 240(1)(f) to enable the Board to assess
employers to cover the cost of the retirement benefit.
Section 327 of the Act, which provides direction regarding the investment and
reinvestment of funds by the Board, will also apply to the amounts accumulated for
retirement benefits.
2. The Act
Section 207:
(1) The Board must establish a reserve in the accident fund into which the
amounts and contributions referred to in sections 204 and 205 must be
deposited.
(2) The funds deposited in the reserve under subsection (1) must be held and
invested in the name of the reserve, and those investments must clearly
indicate that they are held in that reserve for payment of retirement
benefits under section 206.
(3) If approved by the board of directors and on terms set by the Board, the
Board may authorize a financial institution, as defined in the Financial
Institutions Act, or a bank to administer the reserve referred to in
subsection (1), and a financial institution or bank that is so authorized
must comply with the relevant compensation provisions as if the financial
institution or bank were the Board.

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Subsection 240(1)(f):
(1) For the purpose of assessment under section 241, the Board must every
year make an estimate of sufficient funds to do the following:
(f) provide and maintain a reserve for payment of retirement benefits.
Section 327(2):
Subject to the supervision and direction of the Minister of Finance, the Board
must cause all money in the accident fund in excess of current requirements to
be invested and reinvested and, in doing this, must exercise the care, skill,
diligence and judgment that a prudent investor would exercise in making
investments.
POLICY
Please refer to the Board’s investment policies.

AUTHORITY: Sections 207, 240(1)(f), and 327(2) of the Act.
CROSS REFERENCES: Finance Division investment policy.
.

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Retirement Services and Personal Supports
BACKGROUND
Section 162 of the Act requires that the Board assess a worker, whose permanent total
disability will continue past retirement age, for rehabilitation, health care services and
personal supports. Following this assessment, the Board will then provide, or continue
to provide, any required services and personal supports that a permanently totally
disabled worker will need for the worker’s lifetime.
This provision ensures that a permanently totally disabled worker will continue to
receive the services and supports required because of the worker’s disabilities, in
addition to a retirement benefit.
2. The Act
Section 162:
benefits for workers with permanent disability] is payable to the worker,
supports under this Division [Division 4 of Part 4 of the Act − Vocational
(3) This section does not limit the power of the Board to otherwise provide
POLICY
Within the 3-month period before a retirement benefit is payable to a worker, the Board
will assess a worker who is receiving a permanent total disability periodic payment

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under section 194 of the Act, for rehabilitation services, health care benefits and
personal supports past retirement age.
This assessment is required to ensure that a worker has been considered for these
services and personal supports prior to the conclusion of permanent total disability
periodic payments and the granting of a retirement benefit. The services and supports
considered are those that are normally provided to a worker as a result of a permanent
total disability.
1. Rehabilitation Services, Health Care Services and Personal Supports
In assessing a worker, the Board will focus on those rehabilitation services, health care
services and personal supports that a worker will need or continue to need after
retirement. Types of services and supports include:
• physicians and qualified practitioners services (Item C10-76.00);
• health care rendered by other recognized health care professionals

(Item C10-77.00);
• health care facilities (Item C10-78.00);
• health care supplies and equipment, including prescription medication

(Item C10-79.00), and potentially addictive drugs (Item C10-80.00);
• home and vehicle modifications (Item C10-81.00);
• clothing allowances (Item C10-82.00);
• personal care expenses and allowances (Section 4.1 of Item C10-84.00);
• independence and home maintenance allowances (Section 4.5 of

Item C10-84.00);
• transportation costs (Item C10-83.00);
• subsistence allowances (Item C10-83.10); or
• rehabilitation assistance (Chapter 11).
The services, benefits and supports listed above may be provided after age 65 if they
are required due to the worker’s permanent total disability.

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2. Excluded Rehabilitation Services, Health Care Benefits and Personal

Supports
As the assessment is focussed on those services, benefits and supports a worker will
need after retirement, the Board will not consider a worker’s entitlement to services,
benefits and assistance such as:
• vocational rehabilitation programs and services to assist in a worker’s return

to work efforts (Items C11-88.00 to C11-88.60);
• vocational rehabilitation wage-loss equivalency benefits (Item C11-89.10); or
• subsistence allowances for income loss provided as a health care benefit

(Item C10-83.10).
This list is not exhaustive and the Board may alter this list as required.
3. Reviews After Retirement
The Board may at its discretion, periodically review a worker’s need or continued need
for services, benefits and supports following the worker’s retirement. Based on these
reviews, the Board may confirm, adjust or discontinue the provision of these services,
benefits and supports. For example, a change in the worker’s compensable medical
status may require the Board to modify the amount and type of services, benefits or
supports needed by the worker.

CROSS REFERENCES: Policy item #116.00, Establishment of Amounts Set Aside and
Contributed;
Chapter 6 − Permanent Disability Benefits;
Chapter 10 – Health Care, of the Rehabilitation Services & Claims
Manual, Volume II.
January 1, 2015 − Consequential amendments arising from changes to
Chapter 10, Medical Assistance, Rehabilitation Services & Claims
Manual.
June 1, 2009 – Deleted references to Vocational Rehabilitation Services.
June 30, 2002 − New policy that sets out how the Board will comply with
section 162 of the Act which requires that the Board assess a worker's
need or continued need for rehabilitation and health care services and
personal supports, whose permanent total disability continues past
retirement age. This policy applies to injuries occurring on or after
June 30, 2002 and to a worker whose permanent disability first occurs on

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or after June 30, 2002. This policy also applies to recurrences occurring
on or after June 30, 2002.

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APPENDIX 1
INDEX OF RETIRED DECISIONS FROM

VOLUMES 1 – 6 (DECISIONS NO. 1 – 423) OF THE
WORKERS’ COMPENSATION REPORTER
EXPLANATORY NOTE:
The Board of Directors Bylaw re: Policies of the Board of Directors lists the policy
manuals and other documents that are policies for purposes of the Workers
Compensation Act. Included in the list are Decisions No. 1 – 423 in volumes 1 –
6 of the Workers’ Compensation Reporter. These Decisions consist, for the most
part, of decisions made by the former commissioners on various matters
between 1973 and 1991.
In order to reduce the number of sources of policies, a strategy was approved for
consolidating Decisions No. 1 – 423 into the various policy manuals, as
appropriate, and “retiring” the Decisions over time.
“Retire” for this purpose means that, as of the “retirement date”, the Decision is
no longer current policy under the Board of Directors Bylaw.
“Retiring” does not affect a Decision’s status as policy prior to the date it was
“retired”. A “retired” 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 a
Decision. 1
All of the Decisions from volumes 1 - 6 have been “retired” from current policy
status. This Index sets out each Decision’s retirement date. The final Decision
to be retired from policy status was retired December 11, 2013.
Please note that policy decisions of the former Governors and the former Panel
of Administrators still in effect immediately before February 11, 2003 are
numbered similarly to Decisions No. 1 – 423. Many decisions of the former
Governors and the former Panel of Administrators remain policies of the Board of
Directors, and have not been retired.
1 Decisions or parts of Decisions may have been replaced, either expressly or impliedly, by
subsequent policies in the policy manuals or other policy documents. Under the Board of
Directors Bylaw, where there is a conflict between policy in Decisions No. 1 - 423 and policy
in a policy manual listed in the Bylaw, the policy in the manual is paramount. In the event of
any other conflict between policies, the most recently approved policy is paramount.
December 11, 2013 Volume II
A1 - 1
DECISION TITLE RETIREMENT
NO. DATE
01 Publication of Decisions May 1, 2000
02 An Injured Person February 24, 2004
03 A Claim For Industrial Disease February 24, 2004
04 The Replacement of Eyeglasses October 21, 2003
05 Partial Commutation of a Pension June 17, 2003
06 The Enforcement of Accident Prevention October 21, 2003

Regulations
07 The Determination of Disability October 21, 2003
08 The Measurement of Partial Disability May 1, 2000
09 Publication of the Permanent Disability June 17, 2003

Evaluation Schedule
10 A Claim for Dependents Benefits February 24, 2004
11 Communications with Unions in Matters of October 21, 2003

Safety and Health
12 A Claim to a Solicitor’s Lien June 17, 2003
13 The Provision of Rehabilitation Services June 17, 2003
14 Rehabilitation and Re-training May 1, 2000
15 Industrial Hygiene and Cominco Ltd. October 21, 2003
16 The Criminal Injuries Compensation Act October 21, 2003
17 Disablement Following Unauthorized Surgery February 24, 2004
18 Dependent’s Allowances June 17, 2003
19 Industrial Hygiene and Cominco Ltd. June 17, 2003
20 The Payment of Claims Pending Appeals by October 21, 2003

Employers
The Re-opening of a Commuted Pension
21 October 21, 2003
February 24, 2004 Volume II

A1 - 2
NO. DATE
22 The Measurement of Partial Disability May 1, 2000
23 A Penalty Assessment October 21, 2003
24 The Revision of Appeal Procedures May 1, 2000
25 Boards of Review June 17, 2003
26 Coverage of Workmen’s Compensation January 1, 2003
27 An Application for Re-Opening June 17, 2003
28 Oral Enquiries on Appeals to the May 1, 2000

Commissioners
29 The Re-Opening of Decisions October 21, 2003
30 A Claim for Death by Suicide June 17, 2003
31 Unemployment Insurance Benefits June 17, 2003
32 The Employment Relationship (Taxis) January 1, 2003
33 The Measurement of Partial Disability and May 1, 2000

Proportionate Entitlements
34 The Accident Prevention Regulations and the October 21, 2003

Prosecution of Workers
35 Procedure on Appeals June 17, 2003
36 Industrial Hygiene June 17, 2003
37 The Replacement of Eyeglasses June 17, 2003
38 Compensation for Loss of Hearing June 17, 2003
39 The Coverage of Workmen’s Compensation October 21, 2003
40 The Calculation of Compensation and June 17, 2003

Recurrence of Disability
41 The Composition of a Medical Review Panel February 24, 2004
42 Changes in the Workmen’s Compensation Act June 17, 2003
43 The Workmen’s Compensation Amendment Act May 1, 2000

A1 - 3
NO. DATE
44 The Recurrence of Disability October 21, 2003
45 Claims for Silicosis June 17, 2003
46 The Consumer Price Index May 1, 2000
47 The Commencement of the Workmen’s June 17, 2003

Compensation Amendment Act, 1974
48 The Coverage of Workers’ Compensation February 24, 2004
49 The Coverage of Workers’ Compensation January 1, 2003
50 The Coverage of Workers’ Compensation February 24, 2004
51 A Penalty Assessment and Northwood June 17, 2003

Properties Ltd.
52 Evidence and the Standard of Proof October 21, 2003
53 Fire Fighting and Hair June 17, 2003
54 The Reimbursement of Expenses October 21, 2003
55 Rehabilitation and Re-training May 1, 2000
56 Rehabilitation Provisions for a Surviving June 17, 2003

Dependent Spouse
57 The Termination of Benefits at a Future Date June 17, 2003
58 Industries and Classifications January 1, 2003
59 Lump Sums in Fatal Cases October 21, 2003
60 Appeals to Boards of Review October 21, 2003
61 Employers’ Reports of Injuries June 17, 2003
62 Rehabilitation and Re-training October 21, 2003
63 The Supply of In-File Information June 17, 2003
64 Pensions for Widows aged 40 to 49 years June 17, 2003
65 Cost Shifting Between Classes February 24, 2004

A1 - 4
NO. DATE
67 The Commutation of Pensions May 1, 2000
68 The Maximum Wage Rate May 1, 2000
69 Legal Fees February 24, 2004
70 Boards of Review October 21, 2003
71 The Industrial Hygiene Regulations June 17, 2003
72 The Reinstatement of Pensions June 17, 2003
73 Transcripts of Interviews May 1, 2000
74 Unborn Children June 17, 2003
75 Canada Pension Plan Benefits June 17, 2003
76 Dependents Resident Abroad June 17, 2003
77 Criminal Injuries Compensation February 24, 2004
78 Multiple Disabilities and the Determination of the June 17, 2003

Maximum
79 Time Limit on Appeals May 1, 2000
80 Safety Head Gear October 21, 2003
81 The Recurrence of Disability June 17, 2003
83 Cost of Living Increases and Commutations October 21, 2003
84 Industrial Noise June 17, 2003
85 Funeral Expenses June 17, 2003
86 Disablement from Vibrations October 21, 2003
87 A Common-Law Wife October 21, 2003

A1 - 5
NO. DATE
88 The Application of Consumer Price Index June 17, 2003

Increases to Re-Instated Pensions under
section 25A
89 Personal Care Allowances May 1, 2000
90 A Common-Law Wife June 17, 2003
91 Boards of Review and the Pension Plan May 1, 2000
92 Allowances to Claimants May 1, 2000
93 Industrial Diseases June 17, 2003
94 Industrial Diseases May 1, 2000
95 The Measurement of Partial Disability October 21, 2003
96 Appeal Procedures June 17, 2003
97 The Charging of Costs for Injuries Occurring in October 21, 2003

Connection with Treatment
98 Remarriage Allowances May 1, 2000
99 Degeneration of Spine January 1, 2010
100 Inspection Visits June 17, 2003
101 Contagious Diseases February 24, 2004
102 Disablement Through Exhaustion February 24, 2004
103 Safety Awards June 17, 2003
104 The Commutation of Pensions June 17, 2003
105 The Future Employment of a Worker Disabled June 17, 2003

by a Compensable Injury of Industrial Disease
106 A One-Man Company May 1, 2000
107 Termination Pay February 24, 2004
108 The Violation of Safety Regulations by a Worker February 24, 2004
109 The Dual System of Measurement for Injuries June 17, 2003
Involving the Spinal Column
January 1, 2010 Volume II

A1 - 6
NO. DATE
110 Emphysema and Bronchitis October 21, 2003
111 A Penalty for Non-Registration January 1, 2003
113 Hearing Aids June 17, 2003
114 Cost Shifting Between Classes October 21, 2003
115 Employment Injuries and Natural Causes October 21, 2003
116 The Coverage of Independent Operators January 1, 2003
117 Adjustments According to the Consumer Price May 1, 2000

Index
118 Remarriages Allowances May 1, 2000
119 Medical Information May 1, 2000
120 The Coverage of Workers’ Compensation and June 17, 2003

Participation in Competitions
121 Employment Injuries and Natural Causes February 24, 2004
122 Industrial Disease June 17, 2003
123 Changes in the Workers Compensation Act May 1, 2000
124 Intoxication and Claims October 21, 2003
125 The Commencement of Workers Compensation May 1, 2000

Amendment Act, 1975
126 Compensation Coverage and a Captive Road October 21, 2003
127 Boards of Review October 21, 2003
128 Bronchitis and Emphysema February 24, 2004
129 Injuries and “Specific Incidents” February 24, 2004
130 The Review of Old Disability Pensions June 17, 2003

A1 - 7
NO. DATE
134 The Payment of Damages to a Worker and October 21, 2003

Subsequent Compensation Benefits
135 Compensation Decisions and the Death of the June 17, 2003
Worker
136 Compensation for Hearing Loss May 1, 2000
137 Compensation for Hearing Loss June 17, 2003
138 The Employment Relationship January 1, 2003
139 Medical Aid Contracts June 17, 2003
140 The Time Limit for Claiming Compensation October 21, 2003
141 A One-Man Company May 1, 2000
142 Employment Injuries and Natural Causes October 21, 2003
144 The Management Role in Health and Safety October 21, 2003
145 Employment Injuries and Natural Causes February 24, 2004
146 An Unmarried Mother and Child October 21, 2003
147 Health and Safety Awards June 17, 2003
148 The Course of Employment June 17, 2003
149 Commercial Stock Audits January 1, 2003
150 Compensation for Compulsory Lay-off to October 21, 2003

Prevent the Carriage of Infection
151 The Apportionment of Dependents’ Allowances June 17, 2003
152 Injuries Arising out of Treatment and Other February 1, 2004

Appointments
153 Compensation Coverage for Volunteers May 1, 2000

A1 - 8
NO. DATE
154 Legal Services for Rehabilitation Purposes May 1, 2000
155 The Commutation of Pensions May 1, 2000
156 The Review of Old Disability June 17, 2003
157 Sexual Impotence October 21, 2003
The Uses and Limitations of Sanctions in

158 October 21, 2003
Industrial Health and Safety
160 The Calculation of Projected Loss of Earnings May 1, 2000
161 Compensation Coverage for Volunteers January 1, 2003
162 Personal Acts for an Employer October 21, 2003
163 The Fishing Industry January 1, 2003
164 Compensation for Hearing Loss June 17, 2003
165 Compensation Coverage for Trainees January 1, 2003

Index
167 Industrial Hygiene June 17, 2003
168 The Disclosure of Information on Claim Files May 1, 2000
169 An Employer or Independent Operator January 1, 2003
171 Allowances to Claimants May 1, 2000
172 The Criminal Injury Compensation Act February 24, 2004
173 The Criminal Injury Compensation Act October 21, 2003
174 Time for Appeals May 1, 2000
175 The Reimbursement of Expenses May 1, 2000

A1 - 9
NO. DATE
176 The Binding Effects of Medical Review October 21, 2003

Certificates
177 Medical Research June 17, 2003
180 Pollution June 17, 2003
182 The Course of Employment February 24, 2004
183 An Employer or an Independent Operator January 1, 2003
184 Application of the Dual System May 1, 2000
185 Disability Assessment October 21, 2003
188 The Course of Employment June 17, 2003
189 Broken Glass Claims June 17, 2003
190 The Coverage of Workers Compensation June 17, 2003

Index
194 Horseplay February 24, 2004
195 Compensable Consequences of Work Injuries February 24, 2004
196 Boards of Review May 1, 2000
197 The Re-Opening of Board of Review Decisions June 17, 2003

A1 - 10
NO. DATE
200 Subsistence October 21, 2003
201 Payments of Claims Pending Appeals to the May 1, 2000

Commissioners
202 Dual System of Measuring Disability May 1, 2000
203 Legal Services for Rehabilitation Purposes June 17, 2003
205 Rheumatoid Arthritis October 21, 2003
206 Allergy Due to Red Cedar Dust October 21, 2003
207 Bronchitis and Emphysema February 24, 2004
208 The Awarding of Costs October 21, 2003
209 Lunch Breaks June 17, 2003
210 Re-Openings and New Evidence June 17, 2003
212 Commutation of Pensions May 1, 2000
213 Bunkhouses June 17, 2003
214 Travelling Employees February 24, 2004
215 Consulting Firms January 1, 2003

Index
219 Medical Review Panels February 24, 2004
220 Proportionate Entitlement and the Dual System May 1, 2000
221 Bronchitis and Emphysema October 21, 2003

A1 - 11
NO. DATE
222 Compensable Consequences of Work Injuries October 21, 2003
225 The Fishing Industry April 1, 2006
227 Broken Eyeglasses October 21, 2003
228 Multiple Sclerosis June 17, 2003
229 Industries and Employment January 1, 2003
230 Unauthorized Activities October 21, 2003
231 Osteoarthritis of the First Carpo-Metacarpal December 11, 2013

Joint in Both Thumbs of Physiotherapists
232 Cancer of Gastro-Intestinal Tract June 17, 2003
233 Security and Investigation Services May 1, 2000
234 Occupational Hygiene and Cominco Ltd. June 17, 2003
235 Manpower Supply Agencies January 1, 2003
236 Interim Adjudication June 17, 2003
237 Complaints to the Commissioners in Respect of May 1, 2000

Compensation Claims
238 Bronchitis and Emphysema October 21, 2003
239 Ganglia October 21, 2003
240 Training Allowances June 17, 2003
241 Inmates on Work Release Programmes January 1, 2003
242 Supply of Appliances October 21, 2003

A1 - 12
NO. DATE

Index
246 Pulmonary Disease and “Hard Metal” Grinding June 17, 2003
247 Workers Undergoing Custodial Care June 17, 2003
248 Class 11 May 1, 2000
249 Recurrence of Disability May 1, 2000
251 Penalties under Section 61(2) October 21, 2003
252 Scope of Employment October 21, 2003
253 Replacement of Eyeglasses and Wage Loss June 17, 2003
254 Payment of Claims Pending Appeals to the May 1, 2000

Commissioners
255 Registration of Labour Contractors as January 1, 2003

Employers
256 Scope of Employment June 17, 2003
259 Common-Law Spouses – “Re-Marriage June 17, 2003

Allowance”
260 Enhancement Factors and Multiple Disabilities October 21, 2003
261 Temporary Partial Disability June 17, 2003
262 Disability and Unemployability June 17, 2003
263 Appeals to Medical Review Panels October 21, 2003
264 Compensation Payable when Company May 1, 2000

Unregistered

Index

A1 - 13
NO. DATE
267 Section 7A: Compensation for Non-Traumatic February 24, 2004

Hearing Loss
269 Appeal Against Penalty Levy Amounting to June 17, 2003

$13,649.37
270 Subsection 6(5) Proportionate Entitlement February 24, 2004
271 Re: Subsection 37(1)(e) – Charging of Costs for March 1, 2005

Enhanced Disabilities
272 Commutations May 1, 2000
273 School Teachers and Scope of Employment October 21, 2003
275 Claim for Dependent Benefits June 17, 2003
276 Compensation for Unauthorized Surgery June 17, 2003

Index
279 Average Earnings and Projected Loss of October 21, 2003

Earnings
280 Appeals & Referrals to the Commissioners May 1, 2000
281 Re-Opening of Decisions & Time Limits on June 17, 2003

Appeals
282 Sections 50 and 52 October 21, 2003

A1 - 14
NO. DATE
286 Section 6(1): Injuries Arising out of Employment February 24, 2004
287 Proportionate Entitlement and Dual System May 1, 2000
289 Permanent Partial Disability and Devaluation October 21, 2003

Index
292 Scope of Employment and Sports Professionals June 17, 2003
293 Section 54 and Refusal of Medical Examination October 21, 2003

or Treatment
294 Payment of Costs for Medical Review Reports June 17, 2003
and Examinations
295 Section 54(2)(a) Insanitary or Injurious Practices June 17, 2003
296 Section 8 – Employment out of Province June 17, 2003
297 Dual System and Non-Spinal Injuries May 1, 2000
298 Appeals to Medical Review Panels June 17, 2003
300 Section 52 - “Special Circumstances” May 1, 2000
301 Single Trauma and Cancer June 17, 2003
302 Termination and Wage Loss Benefits June 17, 2003
303 Access to Claim Files May 1, 2000

Index
306 Selective Employment October 21, 2003
March 1, 2005 Volume II

A1 - 15
NO. DATE
310 Commutation of Hearing Loss Pensions May 1, 2000
312 Transportation Costs for Physiotherapy and the June 17, 2003
Reimbursement of Expenses
313 Overpayments June 17, 2003

Index
316 Herniae October 21, 2003
318 Stress Testing February 24, 2004
319 Clothing Allowances May 1, 2000
320 Continuity of Income and Assessment for February 24, 2004

Permanent Disability
321 Workers Compensation Act May 1, 2000

Index
324 Personal Care Allowances February 24, 2004
326 Industrial Diseases October 21, 2003

A1 - 16
NO. DATE
329 Industrial Health and Safety Regulations June 17, 2003
330 Scope of Employment February 24, 2004

Index
333 Certain Industrial Diseases February 24, 2004
335 Principals of Limited Companies January 1, 2003

Index
338 Disclosure of Claim Files May 1, 2000
342 Assessment of Employers May 1, 2000

Index
346 Payment of Interest May 1, 2000
347 Oral Hearings on Appeals to the Commissioners May 1, 2000
348 Alcoholism February 24, 2004
349 Industrial Health and Safety Regulations October 21, 2003
350 Commissioners’ Decisions May 1, 2000

A1 - 17
NO. DATE
351 Assessment of Employers January 1, 2003

Index
355 Industrial Health and Safety Inspections October 21, 2003
356 Bilateral Herniae October 21, 2003
357 Subsistence and the Reimbursement of June 17, 2003

Expenses
360 Out of Province Injury and Travelling to Work October 21, 2003
361 Coverage of the Farming Industry May 1, 2000
363 The Review of Old Disability Pensions October 21, 2003
364 Retraining of Surviving Spouses May 1, 2000

Index
368 Appeals June 17, 2003
369 Appeals to Boards of Review October 21, 2003
370 Disclosure of Board Files May 1, 2000
371 Publication of Board Manuals January 1, 2003

A1 - 18
NO. DATE

Index
374 Appeals to the Commissioners May 1, 2000
377 Fraudulent Claims June 17, 2003
378 Proportionate Entitlement October 21, 2003
379 Time Limit on Application for Compensation February 24, 2004

Index
382 The Commutation of Pensions February 24, 2004
383 Application of Dual System June 17, 2003
384 Interest Payments on Retroactive Pensions October 21, 2003

Index
387 Chiropractic Treatment June 17, 2003
388 Assignments, Charges, or Attachments of June 17, 2003

Compensation
389 Refusals of Certificates of Fitness Under the May 1, 2000

Mines Act
393 Appeals May 1, 2000

A1 - 19
NO. DATE
394 The Dual System of Measuring Disability October 21, 2003
395 Payments Pending Appeals June 17, 2003
399 Appeals to Workers’ Compensation Review June 17, 2003

Board
401 Experience Rating January 1, 2003

Index
403 Appeals to Workers’ Compensation Review May 1, 2000

Board
406 Recurrence of Disabilities October 21, 2003
407 Assessment of Permanent Disabilities February 24, 2004
410 Disclosure of Board Files May 1, 2000

A1 - 20
NO. DATE

Index
419 Schedule B June 17, 2003

Index

A1 - 21
APPENDIX 2
OCCUPATIONAL DISEASES LISTED

IN SCHEDULE 1 – ITEM C4-25.10, SECTION C.
SECTION 138(1)
DESCRIPTION OF DISEASE DESCRIPTION OF PROCESS

OR INDUSTRY
1. Poisoning by:
(1) Lead Where there is exposure to lead or lead

compounds.
(2) Mercury Where there is exposure to mercury or

mercury compounds.
(3) Arsenic or arsine Where there is exposure to arsenic or

arsenic compounds.
(4) Cadmium Where there is exposure to cadmium or

cadmium compounds.
(5) Manganese Where there is exposure to manganese

or manganese compounds.
(6) Phosphorus, phosphine or Where there is exposure to phosphorus

the anti-cholinesterase action or phosphorus compounds.
of organic phosphorus
compounds
(7) Organic solvents, including n- Where there is exposure to organic

hexane, carbon tetrachloride, solvents.
trichloroethane, trichloro-
ethylene, acetone, benzene,
toluene and xylene

A2 - 1
(8) Carbon monoxide Where there is exposure to products of
combustion or to any other source of
carbon monoxide.
(9) Hydrogen sulphide Where there is excessive exposure to

hydrogen sulphide.
(10)Nitrous fumes, Where there is excessive exposure to

including silo-filler's disease nitrous fumes, including the oxides of
nitrogen.
(11)Nitriles, hydrogen cyanide or Where there is exposure to chemicals

its soluble salts containing -CN group including certain
pesticides.
(12)Phosgene Where there is excessive exposure to

phosgene, including its occurrence as a
breakdown product of chlorinated
compounds by combustion.
(13)Other toxic substances Where there is exposure to such toxic

gases, vapours, mists, fumes or dusts.
2. Infection caused by:
(1) Psittacosis virus Where there is established contact with

ornithosis-infected avian species or
material.
(2) Salmonella organisms, Where close and frequent contact with a

Staphylococcus aureus, or source or sources of the infection has
Hepatitis B virus been established and the employment
necessitates
(a) the treatment, nursing or

examination of or interviews with
patients or ill persons,
(b) the analysis or testing of body
tissues or fluids, or
(c) research into salmonellae,
pathogenic staphylococci or
Hepatitis B virus.
(3) Brucella organisms, including Where there is contact with animals,

Undulant fever animal carcasses or animal by-products.

A2 - 2
(4) Tubercle bacillus Where close and frequent contact with a
source or sources of tuberculous
infection has been established and the
employment necessitates
(a) the treatment, nursing or

examination of patients or ill
persons,
(b) the analysis or testing of body

tissues or fluids, or
(c) research into tuberculosis by a

worker who,
(i) when first engaged, or after

an absence from employment
of the types mentioned in
these regulations for a period
of more than one year, when
re-engaged in such
employment was free from
evidence of tuberculosis, and
(ii) continued to be free from

evidence of tuberculosis for
6 months after being so
employed, except in the case
of primary tuberculosis as
proven by a negative
tuberculin test at time of
employment. In the case of a
worker previously
compensated for tuberculosis,
any subsequent tuberculosis
after the disease has become
inactive and has remained
inactive for a period of 3 years
or more is not be considered
to have occurred as a result
of the original disability,

A2 - 3
unless the worker is still
engaged in employment listed
above or the Board is
satisfied that the subsequent
tuberculosis is the direct
result of the tuberculosis for
which the worker has been
compensated.
3. Pneumoconiosis:
(1) Silicosis Where there is exposure to airborne

silica dust, including in metalliferous
mining and coal mining.
(2) Asbestosis Where there is exposure to airborne

asbestos dust.
(3) Other pneumoconioses Where there is exposure to the airborne

dusts of coal, beryllium, tungsten
carbide, aluminum or other dusts known
to produce fibrosis of the lungs.
4. Diffuse pleural thickening or Where there is exposure to airborne

fibrosis, whether unilateral or asbestos dust and the worker has not
bilateral previously had and does not currently
have collagen disease, chronic uremia,
drug-induced fibrosis, tuberculosis or
other infection, trauma or disease
capable of causing pleural thickening or
fibrosis.
5. Benign pleural effusion, whether Where there is exposure to airborne

unilateral or bilateral asbestos dust and the worker has not
previously had and does not currently
have collagen disease, chronic uremia,
tuberculosis or other infection, trauma or
disease capable of causing pleural
effusion.

A2 - 4
6. Cancer:
(1) Primary carcinoma of the lung Where there is exposure to airborne

when associated with asbestos dust.
asbestosis
(2) Primary carcinoma of the lung Where there is exposure to airborne

when associated with bilateral asbestos dust and the worker has not
diffuse pleural thickening over previously had collagen disease, chronic
2 mm thick uremia, drug-induced fibrosis,
tuberculosis or other infection or trauma
capable of causing pleural thickening.
(3) Primary carcinoma of the Where there is exposure to airborne

lung asbestos dust for a period of 10 years or
more of employment in one or more of
the following industries:
(a) asbestos mining;
(b) insulation or filter material

production;
(c) construction, where there is

disturbance of asbestos-
containing materials;
(d) plumbing or electrical work;
(e) pulp mill work;
(f) shipyard work;
(g) longshoring.
(4) Mesothelioma, whether Where there is exposure to airborne

pleural or peritoneal asbestos dust.
(5) Carcinoma, associated with Where there is exposure to airborne

asbestosis, of the larynx or asbestos dust.
pharynx

A2 - 5
(6) Gastrointestinal cancer, Where there is exposure to asbestos
including all primary cancers dust if, during the period between the
associated with the first exposure to asbestos dust and the
esophagus, stomach, small diagnosis of gastrointestinal cancer,
bowel, colon and rectum there has been a period of, or periods
excluding the anus, and adding up to, 20 years of continuous
without regard to the site of the exposure to asbestos dust and such
cancer in the gastrointestinal exposure represents or is a
tract or the histological manifestation of the major component of
structure of the cancer the occupational activity in which the
exposure occurred.
(7) Primary cancer of the lung Where there is prolonged exposure to

any of the following:
(a) aerosols and gases containing

arsenic, chromium, nickel or their
compounds;
(b) bis (chloromethyl) ether;
(c) the dust of uranium, or radon gas
and its decay products;
(d) particulate polycyclic aromatic

hydrocarbons.
(8) Leukemia or pre-leukemia Where there is prolonged exposure to

benzene or to ionizing radiation.
(9) Primary cancer of the skin Where there is
(a) prolonged contact with coal tar

products, arsenic or cutting oils, or
(b) prolonged exposure to solar

ultraviolet light.
(10)Primary cancer of the epithelial Where there is prolonged exposure to

lining of the urinary bladder, beta-naphthylamine, benzidine or 4-
ureter or renal pelvis nitrodiphenyl.
(11)Primary cancer of the mucous Where there is prolonged exposure to

lining of the nose or nasal
sinuses (a) dusts, fumes or mists containing
nickel, or
(b) the dusts of hard woods.

A2 - 6
(12)Angiosarcoma of the liver Where there is exposure to vinyl chloride
monomer.
7. Asthma Where there is exposure to any of the

following:
(a) western red cedar dust;
(b) isocyanate vapours or gases;
(c) the dusts, fumes or vapours of other

chemicals or organic material
known to cause asthma.
8. Extrinsic allergic alveolitis Where there is repeated exposure to

(including farmers' lung and respirable organic dusts.
mushroom workers' lung)
9. Acute upper respiratory Where

inflammation, acute pharyngitis,
acute laryngitis, acute tracheitis, (a) there is exposure to a high
acute bronchitis, acute pneumonitis concentration of fumes, vapours,
or acute pulmonary edema, gases, mists or dusts of substances
excluding any allergic reaction, that have irritating or inflammatory
reaction to environmental tobacco properties, and
smoke or effect of an infection
(b) the respiratory symptoms occur
within 48 hours of the exposure, or if
there is exposure to nitrogen dioxide
or phosgene, within 72 hours of the
exposure.
10. Metal fume fever Where there is exposure to the fumes of

zinc or other metals.
11. Fluorosis Where there is exposure to high

concentrations of fluorine or fluorine
compounds, whether in gaseous or
particulate form.
12. Neurosensory hearing loss Where there is prolonged exposure to

excessive noise levels.

A2 - 7
13. Bursitis:
(1) Knee bursitis (inflammation of Where

the prepatellar, suprapatellar or
superficial infrapatellar bursa) (a) there is repeated jarring impact
against the involved bursa, or
(b) there are significant periods of

kneeling on the involved bursa.
(2) Shoulder bursitis (inflammation Where there is frequently repeated or
of the subacromial or sustained abduction or flexion of the
subdeltoid bursa) shoulder joint greater than 60º and
where such activity represents a
significant component of the
employment.
14. Tendinopathy:
(1) Hand-wrist tendinopathy Where there is use of the affected
tendon or tendons to perform a task or
series of tasks that involve any 2 of the
following and where such activity
represents a significant component of
the employment:
(a) frequently repeated motions or

muscle contractions that place
strain on the affected tendon or
tendons;
(b) significant flexion, extension, ulnar

deviation or radial deviation of the
affected hand or wrist;
(c) forceful exertion of the muscles

used in handling or moving tools or
other objects with the affected hand
or wrist
(2) Shoulder tendinopathy Where there is frequently repeated or

sustained abduction or flexion of the
shoulder joint greater than 60º and
where such activity represents a
significant component of the
employment.

A2 - 8
15. Decompression sickness Where there is exposure to
increased air pressure.
16. Contact dermatitis Where there is excessive exposure to

irritants, allergens or sensitizers
ordinarily causative of dermatitis.
17. Hand-arm vibration syndrome Where there has been at least 1 000
hours of exposure to tools or equipment
that causes the transfer of significant
vibration to the hand or arm of the
worker.
18. Radiation injury or disease:
(1) Due to ionizing radiation Where there is exposure to ionizing

radiation.
(2) Due to non-ionizing radiation:
(a) conjunctivitis or keratitis Where there is exposure to ultraviolet

light.
(b) cataract or other thermal Where there is excessive exposure to

damage to the eye infrared, microwave or laser radiation.
19. Erosion of incisor teeth Where there is exposure to acid fumes

or mist.

A2-9
20. Infection that is Where
(1) caused by communicable viral (a) there is a risk of exposure to a
pathogens, and source or sources of infection
significantly greater than that to the
(2) the subject of one or more of
public at large,
the following:
(b) the risk of exposure occurs during
(a) notice given under section
52(2) of the Public Health the applicable notice or emergency
Act; under column 1, and
(c) the risk of exposure occurs within
(b) a state of emergency
the geographical area of the
declared under section 9(1)
of the Emergency Program applicable notice or emergency
Act; under column 1.
(c) a state of local emergency

declared under section 12(1)
of the Emergency Program
Act;
(d) an emergency declared
under section 173 of the
Vancouver Charter.

A2-10
APPENDIX 3
PERMANENT DISABILITY EVALUATION

SCHEDULE
Rehabilitation Services & Claims Manual

Volume II
Table of Contents
Permanent Disability Evaluation Schedule
Page
I. Introduction .............................................................................................. 5
II. Application of Schedule

A. Amputations ......................................................................................... 6
B. Age Adaptability ................................................................................... 6
C. Enhancement....................................................................................... 6
D. Devaluation .......................................................................................... 8
E. Dominant Side ..................................................................................... 8
F. Loss of Strength ................................................................................... 8
G. Range of Motion Method...................................................................... 9
H. Muscle Wasting/Swelling ..................................................................... 9
I. Loss of Sensation in Surgical or Other Traumatic Scars...................... 9
III. Upper Extremity

A. Amputations ........................................................................................ 10
B. Immobility of Joints (Arthrodesis or Functional Ankylosis) .................. 10
C. Partial Loss of Range of Motion .......................................................... 11
D. Loss of Strength .................................................................................. 12
E. Miscellaneous Conditions and Surgical Procedures ........................... 13
IV. Hand-Arm Vibration Syndrome ............................................................. 14
V. Hands
A. Amputation of Digits ............................................................................ 16
C. Partial Loss of Range of Motion .......................................................... 17
D. Loss of Strength .................................................................................. 19
E. Loss of Sensation ............................................................................... 20
F. Cold Intolerance .................................................................................. 21
G. Deformity ............................................................................................ 21
H. Miscellaneous Conditions and Surgical Procedures ........................... 22
I. Hand Charts........................................................................................ 24
VI. Lower Extremity

A. Amputations ........................................................................................ 26
C. Shortening Causing a Difference in Leg Length ................................. 27

A3-1
Table of Contents
D. Ligamentous Laxity ............................................................................. 27

E. Osteoarthritis ...................................................................................... 28
F. Partial Loss of Range of Motion .......................................................... 30
G. Loss of Strength .................................................................................. 31
H. Deformity ............................................................................................ 32
I. Miscellaneous Conditions and Surgical Procedures ........................... 32
VII. Pelvis ....................................................................................................... 34
VIII. Peripheral Nervous System Conditions

A. Criteria for Assessing Loss of Peripheral Nerve Function ................... 35
B. Table of Ratings for Peripheral Nerve Root Conditions ...................... 36
IX. Nerve Root Conditions

A. Criteria for Assessing Loss of Nerve Root Function ........................... 40
B. Table of Ratings for Nerve Root Conditions........................................ 41
C. Autonomic Dysfunction ....................................................................... 43
X. Spine
A. General ............................................................................................... 44
B. Cervical Spine ..................................................................................... 44
C. Thoracic Spine .................................................................................... 45
D. Lumbar Spine ..................................................................................... 45
E. Spine Normal Range of Motion Values ............................................... 46
XI. Central Nervous System Conditions

A. Seizure Disorder/Episodic Loss of Consciousness ............................. 47
B. Cranial Nerves .................................................................................... 47
C. Neurological Urinary Bladder Control ................................................. 49
D. Neurological Anorectal Conditions ...................................................... 49
E. Neurological Sexual Conditions .......................................................... 49
F. Stance and Gait .................................................................................. 50
G. Impairments of the Upper Extremities ................................................. 51
XII. Vision Disability

A. Primary Visual System Conditions ...................................................... 52
B. Secondary Ocular Conditions ............................................................. 57

A3-2
Table of Contents
XIII. Traumatic Hearing Loss

A. Unilateral Traumatic Hearing Loss...................................................... 58
B. Bilateral Traumatic Hearing Loss ........................................................ 59
XIV. Non-Traumatic Hearing Loss

(Schedule 2/Section 145 of the Act) ..................................................... 60
XV. Ear, Nose and Throat Conditions

A. Vestibular Disorder ............................................................................. 61
B. Temporomandibular Joint Dysfunction ............................................... 62
XVI. Cardiovascular System Conditions

A. Coronary Artery Disease..................................................................... 65
B. Pericardial Disease ............................................................................. 69
C. Arrhythmias ........................................................................................ 70
D. Hypertension ...................................................................................... 72
E. Pulmonary Hypertension..................................................................... 73
F. Upper Extremity Peripheral Vascular Disease .................................... 74
G. Lower Extremity Peripheral Vascular Disease.................................... 75
XVII. Digestive System Conditions

A. Upper Digestive Tract Disease ........................................................... 78
B. Colonic and Rectal Disorders ............................................................. 79
C. Anal Disease ...................................................................................... 80
D. Liver Disease ...................................................................................... 81
E. Biliary Tree Disease ............................................................................ 82
XVIII. Urogenital Tract Conditions

A. Upper Urinary Tract Disease .............................................................. 83
B. Bladder Disorders ............................................................................... 84
C. Urethral Disorders .............................................................................. 84
D. Penile Disorders ................................................................................. 85
E. Vulvar/Vaginal Disorder ...................................................................... 85
XIX. Visceral Loss/Surgical Conditions ....................................................... 86

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Table of Contents
XX. Psychological Disability

A. Aphasia and Communication Disturbances ........................................ 87
B. Disturbances of Mental Status and Integrative Functioning ................ 87
C. Emotional (Mental) and Behavioural Disturbances ............................. 87
XXI. Respiratory System Conditions

A. Introduction ......................................................................................... 89
B. Upper Respiratory System Conditions ................................................ 89
C. Lower Respiratory System Conditions ................................................ 90
XXII. Asthma .................................................................................................... 98
XXIII. Contact Dermatitis ............................................................................... 102
Appendix A – Adult Pinch and Grip Strength Chart .................................... 104
Appendix B – Pulmonary Function Tables ................................................... 106
Appendix C – Impairment Classification for Respiratory Disease, Using

Pulmonary Function and Exercise Tests ...................................................... 118

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I. Introduction
The Permanent Disability Evaluation Schedule (the “Schedule”) was developed

by WorkSafeBC based on consideration of expert medical opinion, current
medical/scientific literature and schedules from other jurisdictions and
organizations, including but not limited to various editions of the American
Medical Association Guides to the Evaluation of Permanent Impairment (the
“AMA Guides”).
As per section 195(3) of the Act, the Schedule is used for guidance in the
measurement of permanent partial disability under section 195 of the Act. The
Schedule attributes a percentage of total disability to each of the specified
disablements. For example, an amputation of the arm, middle, third of humerus,
is indicated to be 65%. When that percentage rate is applied, it means that a
worker will receive permanent disability benefits under section 195 based on
65% of 90% of average net earnings as determined by the Act.
The Schedule does not necessarily determine the final amount of the
section 195(1) permanent disability benefits. The Board may take other factors
into account. Thus, the Schedule provides a guideline or starting point for the
measurement of disability, rather than a fixed result (see policy item #39.10,
Permanent Disability Evaluation Schedule).
It is not possible to list every disability in the Schedule. However, the Schedule
can be used for guidance if a disability is similar to one that is listed. If a
disability is not covered in the Schedule, other information regarding disability
assessment may be consulted, including expert medical opinion, current
medical/scientific literature and schedules from other jurisdictions and
organizations.

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II. Application of the Schedule
A. Amputations
In assigning a percentage of disability to any amputation, it must be assumed

that the stump is structurally perfect, that it is well padded, that the scar is
properly placed and that there is no undue tenderness on areas which are
subject to pressure.
In the case of major limb amputations, disability ratings assigned should have
regard to the type and probable usefulness of the prosthesis to which they are
adaptable.
B. Age Adaptability
The percentage of total disability derived by use of the Schedule is modified by

the application of an age variable. This age adaptability factor is used for workers
over the age of 45 where the disability is calculated in accordance with the
Schedule. The disability rating is increased by 1% of the assessed disability for
each year over 45 up to a maximum of 20% of the assessed disability.
Example:
Permanent disability benefits effective at age 55

Scheduled disability is 50% of total disability
Age adaptability factor 10% of 50% = 5% of total disability
Disability assessed at 55% of total disability
The worker’s age at the effective date of the worker’s permanent disability
benefits is used, not the worker’s age at the time of the injury.
The age adaptability factor is not applied where the Schedule provides another
method of taking the worker’s age into account (e.g. when rating traumatic
bilateral hearing loss).
C. Enhancement
Where a worker has an additional disability which pre-existed the injury or the
injury causes more than one disability, the Board, in certain situations, increases
the overall percentage of disability that would otherwise be provided. This is
known as the “enhancement factor”.
Enhancement is only applied to this Schedule. An enhancement factor is not

applied to non-Scheduled permanent disability benefits, such as for chronic pain.

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The Board applies enhancement in the following limited situations:
1. Arms
An enhancement factor is applied to disabilities on opposite sides of the body
involving both arms. For example, a right wrist and a left wrist, or a left shoulder
and a right elbow, etc. An enhancement factor of 50% of the lesser arm disability
is added to the total of the percentages rated for each separate arm disability.
2. Legs
An enhancement factor is applied to disabilities on opposite sides of the body
involving both legs. For example, a right ankle and a left ankle, or a right ankle
and a left knee, etc. An enhancement factor of 50% of the lesser leg disability is
added to the total of the percentages rated for each separate leg disability.
3. Assisted Ambulation
An enhancement factor is applied to disabilities in different parts of the body that
permanently impede the worker from using required devices for assisted
ambulation (e.g. a cane, walker or wheel chair). For example, disability to a right
wrist and a left ankle in combination may impede the use of a cane. An
enhancement factor of 50% of the lesser disability is added to the total of the
percentages rated for each separate disability.
4. Spine
An enhancement factor may be applied where disability of the spine is shown to
have been enhanced by another limb disability. An enhancement factor is not
applied to two or more disabilities of the spinal column in combination. A factor
of 50% of the disability attributed to the spine is added. Therefore, if the disability
in the back is 10%, and the sum of the other disabilities is 16%, the enhancement
factor is 5% and the total disability is rated at 31%.
5. Digits
An enhancement factor is applied to disabilities involving the digits (i.e. thumb(s)
and/or finger(s)) as set out in the section V. of the Schedule, “Hands”.
6. Vision Disability
An enhancement factor is applied to disabilities involving the eyes, as set out in
section XII, “Vision Disability”.

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7. Bilateral Traumatic Hearing Loss

An enhancement factor is applied to bilateral traumatic hearing loss, as set out in
section XIII, “Traumatic Hearing Loss” under heading B. Bilateral Traumatic
Hearing Loss. Note that an enhancement factor also applies to bilateral non-
traumatic hearing loss, as required under the Act, see section XIV, “Non-
Traumatic Hearing Loss (Schedule 2/Section 145 of the Act)”.
D. Devaluation
Where the sum of the Scheduled percentages allocated to several disabilities in

the same limb exceeds their actual combined effect, a downward adjustment is
required. This is known as “devaluation”.
Multiple disabilities involving one limb cannot exceed the amputation value of that
limb. As a result, disabilities of the arm cannot exceed 70% and disabilities of
the leg cannot exceed 65%.
These principles also apply to disabilities of the eyes, as set out in

section XII, “Vision Disability”.
E. Dominant Side
Whether a permanent disability occurs in a worker’s dominant side (e.g. the right
hand of a worker who is right-handed), is not a factor considered in rating
F. Loss of Strength
As a general rule, loss of strength is included in the disability ratings attributed to

each impairment in the Schedule.
In rare cases, where the mechanical, anatomical, or pathological cause of the

loss of strength is distinct from the other impairments in the Schedule, the loss of
strength will be rated separately and added to other ratings in the Schedule.
For example, a loss of strength rating may be added to an amputation rating

where the loss of strength results from tissue loss above the amputation site.
While the amputation rating reflects any consequent loss of strength in the
amputated limb, it does not reflect loss of strength caused by the tissue loss.
Loss of strength may also be rated separately and added to ratings for the
following conditions:

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• Miscellaneous Conditions and Surgical Procedures: Section III, V, and VI;
• Cold Intolerance: Section V. Hands;
• Osteoarthritis: Section VI. Lower Extremity; and
• Fractures of the Pelvis: Section VII. Pelvis.
G. Range of Motion Method
The Schedule provides for certain permanent disabilities of the upper extremity,
hands, lower extremity and the spine to be rated using the range of motion
method. Under this method, disability is assessed by comparing a worker’s post-
injury range of motion to either the range of motion on the worker’s uninjured side
or Scheduled normal range of motion values if there is pathology on the opposite
side. Range of motion can be measured actively or passively. Active range of
motion refers to the extent a joint can be moved using the muscles surrounding
the joint, without assistance. Passive range of motion refers to the extent a joint
can be moved by an external force. Only active range of motion measurements
are used to calculate ratings in this Schedule. The Board uses the range of
motion method, rather than other methods, because it allows for impairment to
be objectively rated and linked to loss of function.
H. Muscle Wasting/Swelling
Muscle wasting (atrophy) and/or swelling may result in a change in size, but that
change in size alone is not an indicator of disability. Any disability that may arise
in connection with muscle wasting and/or swelling is reflected in the disability
ratings provided for loss of strength and/or loss of range of motion.
I. Loss of Sensation in Surgical or Other Traumatic Scars
Loss of sensation in surgical or other traumatic scars is not generally significant

and does not merit consideration for permanent disability benefits.

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A. Amputations
Percentage
Proximal, third of humerus or disarticulation at shoulder ........................... 70

Middle, third of humerus ............................................................................ 65
Distal, third of humerus to biceps insertion ................................................ 60
Insertion of biceps to middle of forearm ..................................................... 57
Middle of forearm to wrist ........................................................................... 54
B. Immobility of Joints (Arthrodesis or Functional Ankylosis)
Percentage
Shoulder, complete with no scapular movement (frozen shoulder) ........... 35

Flexion .................................................................................................. 14
Extension ................................................................................................ 3.5
Abduction ............................................................................................... 7
Adduction ............................................................................................... 3.5
External Rotation .................................................................................... 3.5
Internal Rotation ..................................................................................... 3.5
Shoulder, gleno-humeral fusion, scapula free ............................................ 20
Elbow ......................................................................................................... 20
Pronation and supination, complete ........................................................... 10
Pronation alone ...................................................................................... 6
Supination alone ..................................................................................... 4
Wrist........................................................................................................... 12.5
Flexion .................................................................................................... 4
Extension ................................................................................................ 4
Radial Deviation ..................................................................................... 2.25
Ulnar Deviation ....................................................................................... 2.25

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C. Partial Loss of Range of Motion
Disability from partial loss of range of motion in the upper extremity is

proportional to the amount of movement lost, applied to the complete immobility
rating:
𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚

× 𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 = 𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟
𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚
The following principles apply when rating partial loss of range of motion in an
upper extremity:
• A loss of range of motion of five degrees or less generally does not impair
a worker’s earning capacity to an ascertainable degree.
• When assessing loss of range of motion in an upper extremity, there is

usually a normal side for comparison. In instances when a normal side
does not exist, reference is made to the normal range of motion values set
out below.
• Loss of hyperextension in an unusually flexible worker does not result in a

disability. The loss of range of motion in the injured extremity of an
unusually flexible worker is compared with the normal range of motion
values set out below.
Upper Extremity Normal Range of Motion Values
Degrees
Shoulder
Flexion ....................................................................................................158
Extension ..................................................................................................53
Abduction ...............................................................................................170
Adduction .................................................................................................50
*Internal Rotation ......................................................................................70
*External Rotation.....................................................................................90
*Arm in abduction of 90 degrees; if unable to achieve this degree of
abduction, internal and external rotation is measured, with the arms at
the highest abduction available to injured shoulder bilaterally.

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Degrees
Elbow
Flexion ....................................................................................................146
Extension ....................................................................................................0
Forearm
Pronation ..................................................................................................71
Supination ................................................................................................84
Wrist
Flexion ......................................................................................................73
Extension ..................................................................................................71
Radial Deviation .......................................................................................19
Ulnar Deviation .........................................................................................33
D. Loss of Strength
This section sets out how to rate loss of strength where loss of strength is the
only permanent impairment in the upper extremity or when a loss of strength is
rated separately and added to other ratings in the Schedule.
To determine when loss of strength is rated separately and added to other

ratings in the Schedule, see Section II, “Application of the Schedule”, under
heading F. Loss of Strength.
A disability rating for loss of strength in the upper extremity is assessed per arm.
Such a rating is only to be applied if there is strong, consistent, objective
evidence of loss of strength. In addition, there must be a clear pathological
explanation for the weakness.
This section applies to loss of strength in the upper extremities with the exception
of the hands. Guidance on assessing loss of strength in the hands is provided in
section V, “Hands”, under heading D. Loss of Strength.
Loss of strength is in the upper extremity is assessed as follows:

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Loss of strength Definition Percentage
Normal No loss of function 0
Mild Active movement against strong resistance 1
Moderate Active movement against slight resistance 3
Marked Movement against gravity 5
Complete No power 7
E. Miscellaneous Conditions and Surgical Procedures
Unless otherwise specified, disability ratings for miscellaneous conditions and

surgical procedures involving the upper extremity are added to the other
applicable ratings for immobility, loss of range of motion and/or loss of strength in
the affected extremity.
Percentage
Shoulder replacement arthroplasty .............................................................. 6.5

Elbow replacement arthroplasty ................................................................... 5.8
Biceps tendon rupture (with no surgical correction)
Proximal ................................................................................................. 1.5
Distal ...................................................................................................... 2
If surgical repair of a biceps tendon rupture is undertaken, the rating is

based on loss of range of motion and loss of strength resulting from
the accepted injury and surgical repair, and not the above values. The
above ratings for biceps tendon rupture with no surgical correction
include consideration of associated loss of range of motion and loss of
strength.
Acromioclavicular (AC) or lateral clavicular joint resection........................... 3

Distal clavicular joint resection ..................................................................... 3
Sternoclavicular joint resection .................................................................... 3
Radial head resection (with or without prosthetic replacement) ................... 3
Resurfacing or partial arthroplasties merit the same disability rating as a

complete arthroplasty.

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IV. Hand-Arm Vibration Syndrome
To measure the extent of any permanent disability resulting from hand-arm vibration
syndrome, the evaluation is carried out in the following manner:
1. The vascular, sensorineural and musculoskeletal impairments of the worker are

assessed in reference to the following table:
Elements Process (Assess each hand separately) Points Applied
Vascular Element Assess vascular elements: blanching of fingers in

cold temperature, pain, swelling, ulcers, gangrene
and amputations:
Distal phalange on index, middle and ring finger = 1
point each
Middle phalange on index, middle and ring finger = 1
point each 17 points max per
Proximal phalange on index, middle and ring finger = hand
2 points each
All phalanges on little finger = 1 point
All phalanges on thumb finger = 1 point
Distal half of palm (top) = 1 to 2 points
Proximal half of palm (bottom) = 1 point
ADD: Double value of sum of above if there is 17 points max per

evidence of trophic changes (i.e., ulcers) hand
34 points per
MAXIMUM points for Vascular element
hand
Sensorineural Assess sensorineural impairment (evidence of 2 points max per

Element numbness, tingling and reduced sensory perception) hand
Assess manual dexterity (i.e., difficulty with buttons

and writing) 2 points max per
hand
Additional 1 to 2 points per hand if reduction occurs
MAXIMUM points for sensorineural element 4 points per hand
Musculoskeletal Assess musculoskeletal impairment (loss of grip 2 points max per

Element strength) hand
MAXIMUM points from vascular, sensorineural and musculoskeletal 40 points per

elements for each hand hand
Add total points for both hands

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IV. Hand-Arm Vibration Syndrome
2. The worker’s percentage of disability is rated using the assessment of impairment as

follows:
Points Percentage
1 – 4 ............................................................................................................. 1
5 – 15 ........................................................................................................... 2
16 – 20 ......................................................................................................... 4
21 – 30 ......................................................................................................... 6
31 – 35 ......................................................................................................... 8
36 – 40 ....................................................................................................... 10
41 and up ................................................................................................... 11 – 20

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V. Hands
A. Amputation of Digits
Five hand charts are included at the end of the “Hands” section of the Schedule. These
charts set out the percentages of total disability available for amputation of digits. A
“digit” may be either a finger or a thumb.
Hand charts 1 and 2 set out the percentages of disability in respect of an amputation of
the thumb or a single finger.
Hand charts 3 to 5 set out the percentages of disability for multiple finger amputations.
Charts 3 to 5 include enhancement factors for multiple finger disabilities.
Where a thumb and one or more fingers are amputated, the percentage of disability for
the thumb is determined and the percentage of the disability for the finger(s) is
determined. An enhancement factor of 100% of the lesser of the thumb disability rating
or the combined finger disability rating is then added.
The following principles apply to assessment of disability from amputation of digits:
• The amputation value of a digit includes loss of sensation at the amputation site.
• Generally, there must be shortening of the bone before permanent disability

benefits are provided for amputation of a digit. However, complete loss of the
digital pulp is considered to be equivalent to an amputation of one-quarter of the
distal phalanx.
• Amputations of a phalanx or a metacarpal are assessed in fractions:
• one-quarter loss
• one-third loss
• one-half loss
• two-thirds loss
• three-quarters loss
• complete loss
• Less than one-quarter loss of a phalanx is not considered to be a disability,

because such a loss does not usually have an impact on earning capacity.
• Greater than three-quarters loss of the phalanx is considered to be equivalent to

an amputation of the whole phalanx.
• When a phalanx is partially amputated, the amputation value of the remaining

phalanx is used in the calculation for any additional disability rating in respect of
that phalanx.

A3-16
V. Hands
Immobility of the interphalangeal (IP) joint, metacarpophalangeal (MCP) joint or the

carpometacarpal (CMC) joint of the thumb, in good functional position, is accorded one-
half of the amputation value at those levels.
Immobility of the distal interphalangeal (DIP) joint, proximal interphalangeal (PIP) joint
or MCP joint of a finger, in good functional position, is accorded three-quarters of the
amputation value at those levels.
Immobility of a joint in poor functional position may, on a judgment basis, approach the
value of an amputation.
C. Partial Loss of Range of Motion
1. General
Partial loss of range of motion in the digits is calculated as set out below under items 2
to 4.
The following principles apply to assessment of disability from partial loss of range of
motion:
• A loss of range of motion of five degrees or less generally does not impair a
worker’s earning capacity to an ascertainable degree.
• For assessment of loss of range of motion in the finger and thumb joints,
comparison is made with the corresponding joints of the opposite hand. If the
latter are also abnormal or are not available, then the findings would be
compared to the normal range of motion values set out in item 5 below.

disability. The loss of range of motion in the injured digit of an unusually flexible
worker would be compared with the normal range of motion values set out below.
2. Finger(s)
Partial loss of range of motion in the finger(s) is calculated as:
loss of range of motion 3

× �4 × total amputation value of the joint(s)
normal range of motion
This formula is used as it is normally considered that a fused finger joint is equal to
three-quarters of the value of an amputation at the same level.

A3-17
V. Hands
When assessing partial loss of range of motion in more than one finger, the appropriate
multiple finger chart is used to determine the amputation value of the joints concerned,
thus building in any enhancement factor.
3. Thumb Only
Partial loss of range of motion in the thumb is calculated as:
loss of range of motion 1

× �2 × amputation value of the joint
normal range of motion
This formula is used as it is normally considered that a fused thumb joint is equal to
one-half of an amputation at the same level.
4. Thumb and Finger(s)
When assessing partial loss of range of motion in a finger and a thumb, hand charts 1
and 2 are used. An enhancement factor of 100% of the lesser of the thumb disability
rating or the finger disability rating is then added.
When assessing partial loss of range of motion in the thumb (hand chart 1) and multiple
fingers (hand charts 3 to 5), an enhancement factor of 100% of the lesser of the thumb
disability rating or the combined finger disability rating is then added.
5. Digit Normal Range of Motion Values
Degrees
Fingers
DIPJ Flexion ..................................................................................... 80
Extension ................................................................................... 0
PIPJ Flexion ................................................................................... 100
Extension ................................................................................... 0
MPJ Flexion ..................................................................................... 90
Extension ................................................................................... 0

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V. Hands
Degrees
Thumb
IPJ Flexion ..................................................................................... 81
Extension ................................................................................... 0
MPJ Flexion ..................................................................................... 53
Extension ................................................................................... 0
CMCJ Flexion ..................................................................................... 15
Extension ................................................................................. 50
Palmar Abduction .................................................................... 50
D. Loss of Strength
This section sets out how to rate loss of strength where loss of strength is the only
permanent impairment in the hands or when a loss of strength is rated separately and
added to other ratings in the Schedule.
To determine when loss of strength is rated separately and added to other ratings in the
Schedule, see Section II, “Application of the Schedule”, under heading F. Loss of
Strength.
A disability rating for loss of strength in the hands is assessed per hand. Such a rating
is only to be applied if there is strong, consistent, objective evidence of loss of strength.
In addition, there must be a clear pathological explanation for the weakness.
The following formula is used to assess total percentage loss of hand strength:
𝑝𝑝𝑝𝑝𝑛𝑛𝑐𝑐ℎ 𝑔𝑔𝑔𝑔𝑔𝑔𝑔𝑔 𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ ℎ𝑎𝑎𝑎𝑎𝑎𝑎 𝑔𝑔𝑔𝑔𝑔𝑔𝑔𝑔 𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ
�1�3 � �+ � �� ×100 =total percentage loss of strength
𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝ℎ 𝑔𝑔𝑔𝑔𝑔𝑔𝑔𝑔 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ 𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛 ℎ𝑎𝑎𝑎𝑎𝑎𝑎 𝑔𝑔𝑔𝑔𝑔𝑔𝑔𝑔 𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠𝑠ℎ
Total percentage loss of hand strength amounts to percentage of total disability as set
out in the following table:
Total Percentage Loss Percentage

of Strength (of Total Disability)
20 – 40 3
41 – 70 6
71 – 100 9

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V. Hands
The following principles apply to rating loss of hand strength:
1. The percentage of disability for total loss of hand strength is equal to one-third
of the measured pinch grip strength loss, plus 100% of the measured hand
grip strength loss.
2. With unilateral strength loss, comparison is made with the uninjured side as
the normal value.
3. With bilateral strength loss, comparison is made with the Table of Average
Grip and Pinch Strength, attached as Appendix A.
4. Pinch grip technique employs lateral or "key" pinch grip.
5. The highest hand or pinch grip strength recorded is used in the calculations
above.
E. Loss of Sensation
A disability rating for loss of sensation in the hands is only to be applied if there is
strong, consistent, objective evidence of loss of sensation that is not taken into account
by the amputation or loss of range of motion value, and not covered by peripheral nerve
ratings or nerve root conditions.
For sensory loss due to peripheral nerve injury, see Section VIII, “Peripheral Nerve
Conditions”.
For sensory loss due to nerve root injury, see Section IX, “Nerve Root Conditions”.
1. Two-Point Discrimination Sensory Loss
Two-point discrimination findings are measured on the radial and ulnar sides of a
phalanx. The percentage of disability for sensory loss on each side is then assessed
based on the amputation value of the most distal remaining phalanx, with reference to
the applicable Hand Chart, as follows:

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V. Hands
Rating Scale Two Pt. Discrimination % of Amputation Value
3 6 mm or less 0
2 7 − 15 mm 12.5
more than 15 mm with

complete anesthesia
1 (12.5% of amputation 25
value if incomplete
anesthesia)
If both radial and ulnar two-point discrimination are greater than 15 mm, sensory loss is
rated at up to 50% of the amputation value of the digit distal to the site of nerve division,
less any other value for the phalanx being assessed.
2. Total Sensory Loss
When the fingers lose total sensitivity, a rating of up to the full amputation value of the
most distal remaining phalanx may be made.
F. Cold Intolerance
If a worker has been diagnosed with cold intolerance which is associated with a
compensable hand injury, a disability rating for cold intolerance may be provided.
Disability from cold intolerance is calculated as 50% of the total value of the hand for
other rateable conditions (e.g. loss of range of motion, loss of strength), up to a
maximum of 1% of total disability, per hand.
Note that cold intolerance is only considered to result in disability when it is associated
with a hand injury, because such a condition may result in impairment of fine motor
function. Cold intolerance associated with injuries to other parts of the body (e.g. the
feet) can generally be managed (e.g. through the use of heated socks), and is not
considered to result in disability.
G. Deformity
Percentage
Swan neck deformity of the finger, without surgical intervention .................. 2

A3-21
V. Hands
Digit disability from active ulnar or radial deviation:
Deviation Degrees % Digit Disability*
Mild < 10 10
Moderate 10 – 30 20
Severe > 30 30
*Multiply by the amputation value of the digit(s), using the applicable Hand Chart, to
determine the percentage of total disability due to deformity.
Digit disability from rotational deformity:
Digit Rotational
Degrees % Digit Disability*
Deformity
Mild < 15 20
Moderate 15 – 30 40
Severe > 30 60
*Multiply by the amputation value of the digit(s), using the applicable Hand Chart, to
determine the percentage of total disability due to deformity.
H. Miscellaneous Conditions and Surgical Procedures
Unless otherwise specified, disability ratings for miscellaneous conditions and surgical
procedures involving the hands are added to the other applicable ratings for immobility,
loss of range of motion, loss of strength, loss of sensation and/or deformity in the
affected hand.
Percentage
Resection or prosthetic replacement of carpal bone .................................... 2

Resection or prosthetic replacement of 2 or more carpal bones .................. 4
Rupture of the ulnar collateral ligament of the MCP joint of the thumb
(e.g. gamekeeper’s thumb or skier’s thumb) ................................................ 2.5
Carpal instability will be assessed on the basis of loss of structure and function or
anatomicophysiological deficit as measured by loss of range of motion, loss of
strength or structural loss.

A3-22
V. Hands
Joint replacement value for either the MCP or CMC joint is 0.5 times the
immobility rating for the joint.

A3-23
V. Hands
I. Hand Charts
The hand charts set out the percentages of total disability available for amputation of
digits.
Charts 1 and 2 set out the percentages of disability in respect of an amputation of the
thumb or a single finger.
Charts 3 to 5 set out the percentages of disability for multiple finger amputations. These
charts include enhancement factors for multiple finger disabilities.
Digits are referred to as thumb, index, long, ring and little. Metacarpals are referred to as
first, second, third, fourth and fifth. A metacarpal and its digit are referred to as a ray and
rays are numbered from one to five.
Percentages of disability for amputation of digits are added moving distal to proximal.

A3-24
V. Hands

A3-25
VI. Lower Extremity
A. Amputations
Percentage
Hip disarticulation or short stump ............................................................... 65

Thigh, site of election or end bearing (requiring false knee joint) ............... 50
Short below knee stump suitable for conventional B.K. prosthesis ............ 45
Below knee, suitable for B.K. prosthesis (Patellar bearing) ....................... 35
Leg, at ankle end bearing (Syme’s Amputation) ........................................ 25
Midtarsal (Chopart’s Amputation)............................................................... 20
Tarsometatarsal (Lisfranc’s Amputation) ................................................... 15
Toes, all toes ............................................................................................... 5
Toes, great ................................................................................................... 2.5
with head of metatarsal .......................................................................... 5
Toes, great at IP joint ................................................................................... 1
Toes, other than great, each ........................................................................ 0.5
metatarsal, each ..................................................................................... 0.5
Toe, little with metatarsal ............................................................................. 2
Percentage
Hip ............................................................................................................. 30
Flexion .................................................................................................... 9
Extension ................................................................................................ 2
Abduction ............................................................................................... 7
Adduction ............................................................................................... 3
External Rotation .................................................................................... 6
Internal Rotation ..................................................................................... 3
Knee .......................................................................................................... 25
Ankle .......................................................................................................... 12
Foot
Talocalcaneal arthrodesis ....................................................................... 4.25
Midtarsal arthrodesis .............................................................................. 2.75
Triple arthrodesis .................................................................................... 7
Lisfranc’s (tarsometatarsal) fusion .......................................................... 4
Great toe, MP joint ....................................................................................... 1.25
Great toe, IP joint ......................................................................................... 0.5

A3-26
VI. Lower Extremity
C. Shortening Causing a Difference in Leg Length
Percentage
1.5 cm or less............................................................................................... 0
1.6 cm to 2.5 cm .......................................................................................... 2
2.6 cm to 3.5 cm .......................................................................................... 3
3.6 cm to 4.5 cm .......................................................................................... 4
4.6 cm to 5.5 cm .......................................................................................... 6
5.6 cm to 6.5 cm .......................................................................................... 8
6.6 cm to 7.4 cm ........................................................................................ 10
7.5 cm or more ........................................................................................... 15
D. Ligamentous Laxity
Ligamentous laxity is generally assessed based on a comparison to the opposite

side of the body. However, if there is pre-existing pathology in the opposite side
of the body, other indicators of soft tissue laxity are considered.
Percentage
Ligamentous Laxity of Knee

ACL or PCL
Grade I/Mild (5 – 9 mm) .......................................................................... 1.67
Grade II/Moderate (10 – 14 mm) ............................................................ 3.34
Grade III/Marked (15 mm or more) ......................................................... 5
MCL or LCL
Grade I/Mild (5 – 9 mm) .......................................................................... 0.83
Grade II/Moderate (10 – 14 mm) ............................................................ 1.66
Grade III/Marked (15 mm or more) ......................................................... 2.5
Ligamentous Laxity of Ankle
Medial or Lateral ..................................................................................... 2

A3-27
VI. Lower Extremity
E. Osteoarthritis
1. General
The following principles apply to assessment of osteoarthritis in a lower extremity

weight bearing joint generally:
• Osteoarthritis is classified as mild, moderate, moderately severe or severe

based on imaging studies and/or operative reports.
• The available disability rating for osteoarthritis is compared to the total of

the available disability ratings for loss of range of motion and loss of
strength in the affected limb, and the higher of the two is provided. That
percentage is then added to any percentage of disability rated for
ligamentous laxity of the limb.
Note that osteoarthritis is only considered to result in a disability where it occurs

in a lower extremity weight bearing joint. Osteoarthritis in other joints is not
considered to result in a disability.
2. Osteoarthritis in the Hip, Ankle or Foot
Osteoarthritis in the hip, ankle or foot is rated using the following table:
Percentage of
Class of Osteoarthritis Grade of Chondromalacia
Arthrodesis Value
0 (normal) and 1 (softening of

Mild 0
cartilage)
Moderate 2 (fibrillation of cartilage) 10
Moderately Severe 3 (ulceration of cartilage) 20
Severe (full thickness

4 (bone showing through) 30
cartilage loss)
3. Osteoarthritis in the Knee
The following additional principles apply to assessment of disability from

osteoarthritis in the knee specifically:
• Osteoarthritis may exist in multiple compartments of the knee: the medial

compartment, the lateral compartment and/or the patellofemoral
compartment.

A3-28
VI. Lower Extremity
• Disability from osteoarthritis in the knee is assessed based on the

compartment that results in the highest disability rating (not necessarily
the compartment with the most severe class of osteoarthritis). Multiple
ratings for osteoarthritis in multiple compartments of the knee are not
added. Only the rating of the compartment that results in the highest
disability rating is used.
• For example, if a worker has severe osteoarthritis of the patellofemoral

joint (assessed at 3% total disability) and moderately severe osteoarthritis
of the medial compartment (assessed at 5% of total disability), the
worker’s disability rating for osteoarthritis in the knee would be 5% of total
disability.
Osteoarthritis in the knee is assessed using the following table:
Percentage (of Total Disability)

Class of Grade of
Osteoarthritis Chondromalacia
Medial Lateral Patellofemoral
Compartment Compartment Compartment
0 (normal) and 1
Mild (softening of 0 0 0
cartilage)
2 (fibrillation of
Moderate 2.5 2.5 1
cartilage)
3 (ulceration of
Moderately Severe 5 5 2
cartilage)
Severe (full
4 (bone showing
thickness cartilage 7.5 7.5 3
through)
loss)

A3-29
VI. Lower Extremity
F. Partial Loss of Range Of Motion
Partial loss of range of motion in the lower extremity is proportional to the amount
of movement lost, applied to the complete immobility rating:
𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚
× 𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖𝑖 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 = 𝑙𝑙𝑙𝑙𝑙𝑙𝑙𝑙 𝑜𝑜𝑜𝑜 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑡𝑡𝑖𝑖𝑖𝑖𝑖𝑖 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟
𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛𝑛 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚𝑚
The following principles apply when rating partial loss of range of motion in a
lower extremity:
• A loss of range of motion of five degrees or less generally does not impair
a worker’s earning capacity to an ascertainable degree.
• When assessing loss of range of motion in a lower extremity, there is

usually a normal side for comparison. In instances when a normal side
does not exist, reference is made to the normal range of motion values set
out below.

disability. The loss of range of motion in the injured extremity of an
unusually flexible worker would be compared with the normal range of
motion values set out below.
Lower Extremity Normal Range of Motion Values
Degrees
Hip
Flexion ................................................................................................ 113
Extension .............................................................................................. 28
Abduction ............................................................................................. 48
Adduction ............................................................................................. 31
Internal Rotation ................................................................................... 30
External Rotation .................................................................................. 45
Knee
Flexion ................................................................................................ 134
Extension ................................................................................................ 0
Ankle
Dorsiflexion ........................................................................................... 18
Plantar Flexion...................................................................................... 40

A3-30
VI. Lower Extremity
Great Toe
IPJ Flexion ..................................................................................60
Extension................................................................................0
MPJ Flexion (Plantar Flexion).......................................................37
Extension (Dorsi Flexion) .....................................................63
Fraction of full movement
Midtarsal .................................................................................. ¼, ½, ¾ or full
Subtalar ................................................................................... ¼, ½, ¾ or full
G. Loss of Strength
This section sets out how to rate loss of strength where loss of strength is the
only permanent impairment in the lower extremity or when a loss of strength is
rated separately and added to other ratings in the Schedule.
To determine when loss of strength is rated separately and added to other

ratings in the Schedule, see Section II, “Application of the Schedule”, under
heading F. Loss of Strength.
Loss of strength in the lower extremity is assessed per leg. Such a disability
rating is only to be applied if there is strong, consistent, objective evidence of
loss of strength. In addition, there must be a clear pathological explanation for
the weakness.
Loss of strength in the lower extremity is assessed as follows:
Strength Loss Definition Percentage
Normal No loss of function 0
Active movement against strong

Mild 1
resistance
Active movement against slight

Moderate 3
resistance
Marked Movement against gravity 5
Complete No power 7

A3-31
VI. Lower Extremity
H. Deformity
Percentage
Recurvatum, greater than 10 degrees for each limb .................................... 2

Valgus, greater than 10 degrees for each limb ............................................ 2
Varus, greater than 10 degrees for each limb .............................................. 2
Rotation, greater than 10 degrees for each limb .......................................... 2
The rating for valgus and/or varus angulation of the knee may be added to the
rating for osteoarthritis only if the deformity was caused by something other than
the osteoarthritis, for example a knee injury. If the angulation is deemed to be
due to the osteoarthritis, then it is taken into consideration as part of the
osteoarthritis disability rating.
I. Miscellaneous Conditions and Surgical Procedures
Unless otherwise specified, disability ratings for miscellaneous conditions and

surgical procedures involving the lower extremity are added to the other
applicable ratings for immobility, shortening causing a difference in leg length,
ligamentous laxity, osteoarthritis, loss of range of motion, loss of strength and/or
loss of sensation in the affected extremity.
Active septic arthritis or pseudarthrosis is rated as 25% of arthrodesis value of

the joint, in addition to any percentage provided for loss of range of motion.
Loss of an ankle reflex does not constitute disability if it is not accompanied by

any other functional deficit.
Resurfacing or partial arthroplasties merit the same disability rating as a

complete arthroplasty.

A3-32
VI. Lower Extremity
Percentage
Total Hip Prosthesis (including Femoral Head Prosthesis) .......................... 6

Total Knee Prosthesis or Hemiarthroplasty.................................................. 9
Total Ankle Prosthesis/Complete Ankle Replacement ................................. 5
Comminuted Calcaneal Fractures................................................................ 7
Patellectomy
Partial ..................................................................................................... 3
Total ....................................................................................................... 6
Note: Section XI, “Central Nervous System Conditions”, under heading

F. Stance and Gait, provides guidance on rating disability associated with stance
and gait disturbances. Ratings under that heading are only to be applied if there
is no other way of assessing the worker’s lower extremity disability provided in
the Schedule (e.g. based on amputation value, immobility of joints, etc.).

A3-33
VII. Pelvis
Compensable conditions of the pelvis include healed fractures, with or without

displacement.
Percentage
Single ramus ................................................................................................ 0

Bilateral rami ................................................................................................ 0
Unilateral superior and inferior rami ............................................................. 0
Ilium ............................................................................................................. 0
Ischium, displaced 2.5 cm or more ............................................................ 10
Symphysis pubis, displaced or separated:
With displacement of less than 2 cm ...................................................... 0 – 3.5
With displacement of 2 cm or more ........................................................ 0 – 5.5
Sacrum, into sacroiliac joint ......................................................................... 3.5
Coccyx, non-union or resection.................................................................... 2
Fracture into acetabulum – evaluate on basis of restricted motion of hip joint.
All fractures of the pelvis are likely to cause reduced range of motion, loss of
strength and/or sensory loss. The above fracture values include consideration of
such consequent loss of function.
However, if a worker has marked loss of function which would entitle the worker
to a higher disability rating than the fracture value, based solely on loss of range
of motion, loss of strength and/or sensory loss, the greater of the two values
would be provided.

A3-34
A. Criteria for Assessing Loss of Peripheral Nerve Function
The criteria for assessing loss of peripheral nerve function are as follows:
1. Sensory
Normal No loss of function
Mild Slight paresthesia/hypesthesia (or

allodynia/hyperesthesia/dysesthesia)
Moderate Moderate paresthesia/hypesthesia (or

Marked As above (moderate) + loss of stereognosis +

ulcers/trophic changes or marked
paresthesia/hypesthesia (or
Complete No sensation
2. Motor
Mild Active movement against strong resistance
Moderate Active movement against slight resistance
Marked Movement against gravity
Complete No power
A disability rating for loss of peripheral nerve function includes consideration of

consequent loss of range of motion unless there is an additional mechanical,
anatomical or other underlying pathological reason for limitation of these
functions.
Note: A disability rating for loss of peripheral function includes consideration of

consequent loss of strength. See Section II, “Application of the Schedule”, under
heading F. Loss of Strength to determine when loss of strength is rated
separately and added to other ratings in the Schedule.

A3-35
B. Table of Ratings for Peripheral Nerve Conditions
(Values listed in this table are percentages of total disability)
The full values in each of the grades listed in the table below will be provided for
sensory and/or motor loss affecting the whole or partial distribution of the nerve.
Sensory Motor
Long Thoracic Nerve
Normal n/a 0
Mild n/a 2
Moderate n/a 3
Marked n/a 4
Complete n/a 5
Median Nerve
At elbow Normal 0 0
Mild 5 5
Moderate 10 10
Marked 15 15
Complete 20 20
At wrist Normal 0 0
Mild 3 2
Moderate 6 4
Marked 9 6
Complete 12 8
Ulnar Nerve
At elbow Normal 0 0
Mild 0.75 3
Moderate 1.5 6
Marked 2.25 10
Complete 3 16
At wrist Normal 0 0
Mild 0.6 2
Moderate 1.2 4
Marked 1.8 8
Complete 2.4 10

A3-36
Sensory Motor
Radial Nerve
Normal 0 0
Mild 0.5 4.5
Moderate 1 9
Marked 1.5 13.5
Complete 2 18
Axillary Nerve
Normal 0 0
Mild 0.15 1.35
Moderate 0.3 2.7
Marked 0.45 4.05
Complete 0.6 5.4
Lateral Cutaneous Nerve of the Forearm

Normal 0 n/a
Mild 0.5 n/a
Moderate 1 n/a
Marked 1.5 n/a
Complete 2 n/a
Medial Cutaneous Nerve of the Forearm

Normal 0 n/a
Mild 0.5 n/a
Moderate 1 n/a
Marked 1.5 n/a
Complete 2 n/a
Musculocutaneous Nerve of the Brachial Plexus

Normal 0 0
Mild .5 4.5
Moderate 1 9
Marked 1.5 13.5
Complete 2 18
Sciatic Nerve
Normal 0 0
Mild 3 4.5
Moderate 6 9
Marked 9 13.5
Complete 12 18
Femoral Nerve
Normal 0 0
Mild 0.625 2.5

A3-37
Sensory Motor
Moderate 1.25 5
Marked 1.875 7.5
Complete 2.5 10
Obturator Nerve
Normal 0 0
Mild 0.625 2.5
Moderate 1.25 5
Marked 1.875 7.5
Complete 2.5 10
Saphenous Nerve
Normal 0 n/a
Mild 1 n/a
Moderate 2 n/a
Marked 3 n/a
Complete 4 n/a
Common Peroneal Nerve (Lateral Popliteal)

Normal 0 0
Mild 1 5
Moderate 2 10
Marked 3 15
Complete 4 20
Deep Peroneal Nerve (Anterior Tibial)

Normal 0 0
Mild 0.2 2.5
Moderate 0.3 5
Marked 0.4 10
Complete 0.5 15
Superficial Peroneal Nerve (Musculocutaneous)

Normal 0 0
Mild 0.4 0.5
Moderate 0.6 1
Marked 0.8 2
Complete 1 2.5
Tibial Nerve (Posterior Tibial or Medial Popliteal)
Normal 0 0
Mild 2 3
Moderate 4 6
Marked 6 9
Complete 8 12

A3-38
Sensory Motor
Sural Nerve
Normal 0 n/a
Mild 0.5 n/a
Moderate 1 n/a
Marked 1.5 n/a
Complete 2.0 n/a
Lateral Femoral Cutaneous Nerve (Lateral

Cutaneous Nerve of the Thigh)
Normal 0 n/a
Mild 0.5 n/a
Moderate 1 n/a
Marked 1.5 n/a
Complete 2.0 n/a
Posterior Cutaneous
Nerve of the Thigh
Normal 0 n/a
Mild 0.5 n/a
Moderate 1.0 n/a
Marked 1.5 n/a
Complete 2.0 n/a
Infraorbital nerve sensory loss is rated at 1% of total disability.
Genitofemoral nerve injury – loss of cremasteric reflex. Loss of the cremasteric

reflex does not constitute disability.

A3-39
A. Criteria for Assessing Loss of Nerve Root Function
The criteria for assessing loss of nerve root function are as follows:
1. Sensory
Mild Slight paresthesia/hypesthesia (or
allodynia/hyperesthesia/dysesthesia
Moderate Moderate paresthesia/hypesthesia (or
Marked As above (moderate) + loss of stereognosis +
ulcers/trophic changes or marked
paresthesia/hypesthesia (or
allodynia/hyperesthesia/dysesthesia
Complete No sensation
2. Motor
Mild Active movement against strong resistance
Moderate Active movement against slight resistance
Marked Movement against gravity
Complete No power
A disability rating for loss of nerve root function includes consideration of

consequent loss of range of motion unless there is an additional mechanical,
anatomical or other underlying pathological reason for limitation of these
functions.
Note: A disability rating for loss of nerve root function includes consideration of
consequent loss of strength. See Section II, “Application of the Schedule”, under
heading F. Loss of Strength to determine when loss of strength is rated
separately and added to other ratings in the Schedule.

A3-40
B. Table of Ratings for Nerve Root Conditions
(Values listed in this table are percentages of total disability)
The C4 spinal level is considered on a case-by-case basis for both sensory and
motor loss.
The full values in each of the grades listed in the table below will be provided for
sensory and/or motor loss affecting the whole or partial distribution of the nerve.
Nerve Root Sensory Motor
C5 Normal 0 0
Mild 1 4
Moderate 2 8
Marked 3 12
Complete 4 16
C6
Normal 0 0
Mild 1.5 4.5
Moderate 3 9
Marked 4.5 13.5
Complete 6 18
C7 Normal 0 0
Mild 1 5
Moderate 2 10
Marked 3 15
Complete 4 20
C8 Normal 0 0
Mild 1 6
Moderate 2 12
Marked 3 18
Complete 4 24
T1 Normal 0 0
Mild 0.5 3
Moderate 1 6
Marked 1.5 10
Complete 2 14

A3-41

T2 Normal 0 n/a
Mild 0.5 n/a
Moderate 1 n/a
Marked 1.5 n/a
Complete 2 n/a
T3 through T12 Normal 0 n/a

Mild 0.125 n/a
Moderate 0.25 n/a
Marked 0.375 n/a
Complete 0.5 n/a
L1 Normal 0 0
Mild 1 3
Moderate 2 6
Marked 3 9
Complete 4 12
L2 Normal 0 0
Mild 1 3
Moderate 2 6
Marked 3 9
Complete 4 12
L3 Normal 0 0
Mild 1 3
Moderate 2 6
Marked 3 9
Complete 4 12
L4 Normal 0 0
Mild 1 3
Moderate 2 6
Marked 3 9
Complete 4 12
L5 Normal 0 0
Mild 1 5
Moderate 2 10
Marked 3 15
Complete 4 20

A3-42

S1 Normal 0 0
Mild 1.5 3
Moderate 3 6
Marked 4.5 9
Complete 6 12
S2 through S5* Normal 0 0

Mild 0.5 2
Moderate 1 4
Marked 1.5 6
Complete 2 8
*any related rating for urological or sexual

dysfunction would be added to the sensory loss
rating.
C. Autonomic Dysfunction
Percentage
Horner’s Syndrome ...................................................................................... 2

A3-43
X. Spine
A. General
The following principles apply to assessment of disability in the spine:
• Anatomical loss or damage resulting from injury or surgery may contribute

to physical disability of the spine. When anatomic and/or surgical
disability is present as well as loss of range of motion of the spine, the
final disability rating is based on the greater of the two.
• Range of motion of the spine is difficult to assess on a consistent basis

because the joints of the spine are small, inaccessible and not externally
visible.
• Only movement of a region of the spine can be measured; it is not

possible to measure mobility of a single vertebra.
• A loss of range of motion in the spine of three degrees or less generally

does not impair a worker’s earning capacity to an ascertainable degree.
Total paraplegia is rated as 100% of total disability.
Total quadriplegia is rated as 100% of total disability.
A vertebrectomy merits a rating equivalent to the rating for a two-level fusion,

plus the maximum rating available if the removed vertebra has a compression
fracture with over 50% compression.
B. Cervical Spine
Percentage
Compression fractures
Up to 50% compression ............................................................................ 0 – 2
Over 50% compression ............................................................................. 2 – 4
Impairment resulting from surgical
loss of intervertebral disc C1 to D1 ........................................................ 2 per level
Ankylosis (fusion) C1 to D1 including
surgical loss of intervertebral disc .......................................................... 3 per level
C1 Jefferson Fracture ...................................................................................... 2
Loss of range of motion
Flexion ....................................................................................................... 0 – 6
Extension .................................................................................................. 0 – 3

A3-44
X. Spine
Lateral flexion right and left .............................................................. each 0 – 2

Rotation right and left ....................................................................... each 0 – 4
Maximum disability rating for cervical spine not to exceed ................................. 21
C. Thoracic Spine
Percentage
Compression fractures
Impairment resulting from surgical loss
of intervertebral disc D1 to D12 ................................... 1 per level to a max of 6
Ankylosis (fusion) D1 to D12 including
surgical loss of intervertebral disc................................ 1 per level to a max of 6
Loss of Range of Motion Rotation,
Right and Left, Each ....................................................................................... 0 – 3
Maximum disability rating for thoracic spine not to exceed ................................... 6
D. Lumbar Spine
Percentage
Compression fractures to include D12

Impairment resulting from surgical loss of
intervertebral disc D12 to S1 .................................................................. 2 per level
Ankylosis (fusion) D12 to S1 including
surgical loss of intervertebral disc .......................................................... 4 per level
Loss of range of motion
Flexion ....................................................................................................... 0 – 9
Extension .................................................................................................. 0 – 5
Lateral flexion, right and left ............................................................. each 0 – 5
Maximum disability rating for lumbar spine not to exceed................................... 24

A3-45
X. Spine
E. Spine Normal Range of Motion Values
Degrees
Cervical Spine
Flexion ......................................................................................................40
Extension ..................................................................................................40
Lateral Flexion ..........................................................................................30
Rotation ....................................................................................................60
Thoracic Spine
Rotation ....................................................................................................45
Lumbar Spine
Flexion ......................................................................................................60
Extension ..................................................................................................25
Lateral Flexion ..........................................................................................25

A3-46
A. Seizure Disorder/Episodic Loss of Consciousness
Percentage
Grade 1 Paroxysmal disorder with predictable characteristics

and unpredictable occurrence that does not limit usual
activities but is a risk to the individuals or limits daily
activities ................................................................................... 0 – 14
Grade 2 Paroxysmal disorder that interferes with some daily
activities. ................................................................................ 15 – 29
Grade 3 Severe paroxysmal disorder of such frequency that it
limits activities to those that are supervised, protected
or restricted
AND
Additional neurologic symptoms or signs of focal
or generalized nature............................................................. 30 – 49
Grade 4 Uncontrolled paroxysmal disorder of such severity
and constancy that it severely limits the individual’s
daily activities ....................................................................... 50 – 70
B. Cranial Nerves
Percentage
Cranial nerve I (olfactory) anosmia ....................................................................... 3
Cranial nerve II – See Section XII of the Schedule, “Vision Disability”, regarding
visual acuity and visual field assessment
Cranial nerve III, IV & VI (optic, oculomotor, trochlear, and abducens nerves) –
See Section XII of the Schedule, “Vision Disability”, regarding diplopia, mydriasis
and myosis
Cranial nerve V (trigeminal nerve)
Unilateral sensory loss ............................................................................ 0 – 10
Unilateral motor loss .................................................................................. 0 – 5

A3-47
Cranial nerve VII (facial nerve)

Percentage
Grade 1 Complete loss of taste on anterior tongue

and/or mild unilateral facial weakness ....................................... 0 – 4
Grade 2 Mild to moderate bilateral facial
weakness and/or severe unilateral
facial paralysis with 75% or greater facial
involvement and with inability to control
eyelid closure .......................................................................... 5 – 19
Grade 3 Severe bilateral facial paralysis
with 75% or greater facial involvement and
with inability to control eyelid closure..................................... 20 – 45
Cranial nerve VIII – See Sections XIII, “Traumatic Hearing Loss”, XIV, “Non-
Traumatic Hearing Loss (Schedule 2/Section 145 of the Act)”, and XV, “Ear Nose
and Throat Conditions”.
Cranial nerves IX, X and XII (glossopharyngeal, vagus and hypoglossal nerves)
Grade 1 Mild dysarthria, dystonia, or dysphagia

with choking on liquids or semisolid food................................. 0 − 14
Grade 2 Moderately severe dysarthria or dysphagia
with hoarseness, nasal regurgitation, and
aspiration of liquids or semisolid foods .................................. 15 − 39
Grade 3 Severe inability to swallow or handle oral
secretions without choking, with need for
assistance and suctioning ..................................................... 40 – 60
Cranial nerve XI (spinal accessory nerve), complete paralysis of:
Sternocleidomastoid
Unilateral ................................................................................................ 3
Bilateral .................................................................................................. 7.5
Trapezius
Unilateral ................................................................................................ 5
Bilateral ................................................................................................ 12.5

A3-48
C. Neurological Urinary Bladder Control
Percentage
Grade 1 Individual has some degree of voluntary
control but is impaired by urgency or
intermittent incontinence............................................................ 0 − 9
Grade 2 Individual has good bladder reflex activity
limited capacity, and intermittent emptying
without voluntary control ........................................................ 10 − 24
Grade 3 Individual has poor bladder reflex activity
intermittent dribbling, and no voluntary
control.................................................................................... 25 − 39
Grade 4 Individual has no reflex or voluntary control
of bladder .............................................................................. 40 – 60
D. Neurological Anorectal Conditions
Percentage
Grade 1 Individual has reflex regulation but only
limited voluntary control ........................................................... 0 − 19
Grade 2 Individual has reflex regulation but no
voluntary control .................................................................... 20 − 39
Grade 3 Individual has no reflex regulation or
voluntary control .................................................................... 40 – 50
E. Neurological Sexual Conditions
Note that any related rating for urological or sexual dysfunction would be added
to the sensory loss rating for S2 through S5.
Percentage
Grade 1 Sexual functioning is possible, but with

varying degrees of difficulty with erection
or ejaculation in men, or lack of awareness,
excitement, or lubrication in either sex ...................................... 0 − 9
Grade 2 Reflex sexual functioning is possible, but
there is no awareness ........................................................... 10 − 19
Grade 3 No sexual functioning is possible .................................................. 20

A3-49
F. Stance and Gait
A disability rating specifically for stance and gait is only to be applied if there is
no other way of assessing a worker’s lower extremity disability provided in the
Schedule (e.g. based on amputation value, immobility of joints, etc.). Disability
ratings specifically for stance and gait are not to be added to any other lower
extremity disability ratings.
Disability specifically for stance and gait is assessed as follows:
Percentage
Grade 1 Rises to standing position; walks, but

has difficulty with elevations, grades,
stairs, deep chairs, and long distances...................................... 0 − 9
Grade 2 Rises to standing position; walks some
distance with difficulty and without
assistance, but is limited to level surfaces ............................. 10 − 19
Grade 3 Rises and maintains standing position
with difficulty; cannot walk without assistance ....................... 20 − 39
Grade 4 Cannot stand without help, mechanical
support, and/or an assistive device ....................................... 40 – 60
This table was designed to be used to rate disability associated with neurological
conditions causing stance and gait disturbances that are too complex to assess
by other parameters. However, it may also be used to rate disability associated
with non-neurological conditions that result in stance and gait disturbances that
are so complex that other means of assessment are impractical.

A3-50
G. Impairments of the Upper Extremities
Impairment of one upper extremity:

Percentage
Grade 1 Individual can use the involved extremity for

self-care, daily activities, and holding, but has difficulty
with digital dexterity ................................................................... 1 – 9
Grade 2 Individual can use the involved extremity for
self-care, can grasp and hold objects with difficulty,
but has no digital dexterity ..................................................... 10 – 24
Grade 3 Individual can use the involved extremity, but
has difficulty with self-care activities ...................................... 25 – 39
Grade 4 Individual cannot use the involved extremity for
self-care or daily activities ..................................................... 40 – 60
Impairment of both upper extremities:
Percentage
Grade 1 Individual can use both upper extremities for grasping,

and holding, but has difficulty with digital dexterity .................. 1 – 19
Grade 2 Individual can use both upper extremities for
self-care, can grasp and hold objects with difficulty, but
has no digital dexterity ........................................................... 20 – 39
Grade 3 Individual can use both upper extremities, but has
difficulty with self-care activities ............................................. 40 – 79
Grade 4 Individual cannot use upper extremities ...................................... 80+

A3-51
The maximum rating for vision disability in both eyes is 100% of total disability.
The maximum rating for vision disability in one eye is 16% of total disability,
except in the case of enucleation or evisceration of one eye, for which a rating of
18% of total disability applies.
To assess vision disability, first evaluate disability involving the primary visual
system by assessing loss of visual acuity and loss of visual field, and then
making any necessary adjustments for the impact of other visual disturbances.
An additional rating may also be added for disability resulting from secondary
ocular conditions, subject to the maximum ratings for vision disability set out
above.
A. Primary Visual System Conditions
1. Loss of Visual Acuity
Visual acuity describes the ability of the eye to perceive details in the
environment. Loss of visual acuity is based on best vision obtainable after
correction.
a. Loss of Visual Acuity - One Eye
Blindness or complete loss of vision in one eye is equal to a best corrected visual
acuity of 20/200 or worse.
Best Corrected Visual Acuity Percentage
Feet Meters
20/20 6/6 0
20/25 6/7.5 0
20/30 6/9 0
20/40 6/12 1
20/50 6/15 2
20/60 6/18 4
20/70 6/21 5
20/80 6/24 6
20/100 6/30 8
20/150 6/45 12
20/200 6/60 16
20/400 6/120 16
b. Loss of Visual Acuity - Two Eyes
As total blindness in one eye is assessed at 16% of total disability and total
blindness in two eyes is equal to 100% of total disability, the value attached to
total loss of visual acuity in the second eye is 84%. When assessing a bilateral

A3-52
loss of visual acuity, each eye is first assessed separately and then their values
are combined in accordance with the following chart:
20/30 20/40 20/50 20/60 20/70 20/80 20/100 20/150 20/200
20/30 0.0 1.0 2.0 4.0 5.0 6.0 8.0 12.0 16.0
20/40 1.0 6.3 7.3 9.3 10.3 11.3 13.3 17.3 21.3
20/50 2.0 7.3 12.5 14.5 15.5 16.5 18.5 22.5 26.5
20/60 4.0 9.3 14.5 25.0 26.0 27.0 29.0 33.0 37.0
20/70 5.0 10.3 15.5 26.0 31.3 32.3 34.3 38.3 42.3
20/80 6.0 11.3 16.5 27.0 32.3 37.5 39.5 43.5 47.5
20/100 8.0 13.3 18.5 29.0 34.3 39.5 50.0 54.0 58.0
20/150 12.0 17.3 22.5 33.0 38.3 43.5 54.0 75.0 79.0
20/200 16.0 21.3 26.5 37.0 42.3 47.5 58.0 79.0 100.0
These ratings are derived from the formula:
𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 = (84�16 × 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏 𝑒𝑒𝑒𝑒𝑒𝑒) + 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝 𝑒𝑒𝑒𝑒𝑒𝑒
For example: If the best corrected visual acuity in the right eye is 20/50 (2%
disability) and in the left eye is 20/100 (8% disability), the resultant disability is
(84�16 x 2%) + 8% = 18.5%.
2. Loss of Visual Field
Visual field refers to the total area in which objects can be seen when the eye
focuses on a fixed point. Loss of visual field is based on best vision obtainable
after correction.
a. Loss of Visual Field − One Eye
Blindness or complete loss of vision in one eye is equal to a best corrected

visual field of 0.

A3-53
Visual Field Score Percentage
100 0
90 0
80 1
70 2
60 4
50 5
40 6
30 8
20 12
10 16
0 16
The visual field score is derived from converting the results of a visual field test
using one or more of the overlay grids for Humphrey visual field plots.
b. Loss of Visual Field – Two Eyes
As total blindness in one eye is assessed at 16% and total blindness in two
eyes is equal to 100% of total disability, the value attached to total loss of
visual field in the second eye is 84%. When assessing a bilateral loss of
visual field, each eye is first assessed separately and then their values are
combined in accordance with the following chart:

A3-54
100 90 80 70 60 50 40 30 20 10 0
100 0 0 1 2 4 5 6 8 12 16 16
90 0 0 1 2 4 5 6 8 12 16 16
80 1 1 6.25 7.25 9.25 10.25 11.25 13.25 17.25 21.25 21.25
70 2 2 7.25 12.25 14.5 15.5 16.5 18.5 22.5 26.5 26.5
60 4 4 9.25 14.5 16 26 27 29 33 37 37
50 5 5 10.25 15.5 26 31.25 32.25 34.25 38.25 42.25 42.25
40 6 6 11.25 16.5 27 32.25 37.5 39.5 43.5 47.5 47.5
30 8 8 13.25 18.5 29 34.25 39.5 50 54 58 58
20 12 12 17.25 22.5 33 38.25 43.5 54 75 79 83
10 16 16 21.25 26.5 37 42.25 47.5 58 79 100 100
0 16 16 21.25 26.5 37 42.25 47.5 58 83 100 100
These ratings are derived from the formula:
𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶𝐶 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 = (84�16 × 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏𝑏 𝑒𝑒𝑒𝑒𝑒𝑒) + 𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟𝑟 𝑜𝑜𝑜𝑜 𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝𝑝 𝑒𝑒𝑒𝑒𝑒𝑒
For example: If the best corrected visual field in the right eye is 50 (5% disability)
and in the left eye is 70 (2% disability), the resultant disability is
(84�16 x 2%) + 5% = 15.5%.
3. Other Visual Disturbances
a. Photosensitivity/Photophobia
Percentage
Mild photosensitivity is eliminated by

sunglasses and/or a hat .................................................................. 0
Moderate photosensitivity is present when the
symptoms are not completely relieved with
sunglasses or a sun shade but the individual is able
to perform the activities of daily living and work ........................ 1 – 3
Severe photosensitivity is present when the
individual is unable to drive (day or night) or to
venture into daylight without severe discomfort ......................... 4 – 8

A3-55
b. Loss of Accommodation
Loss of accommodation is based on the worker’s age at the time of injury except
when a cataract develops, in which case it is based on the worker’s age at the
time of the cataract extraction. In all cases it is not adjusted (reduced) for
subsequent aging. In the case of a worker having a presbyopic or
accommodating implant inserted at the time of cataract surgery, no age adjusted
loss of accommodation would apply.
Age Adjusted Loss of Accommodation
Age Percentage
0 − 40 6
41 − 45 5
46 − 50 4
51 − 55 3
56 − 60 2
>60 0
c. Diplopia
Diplopia that is permanent and not correctable with prisms, lenses or surgery is
assessed as:
Percentage
Mild Field of Binocular Single Vision > 1

30 degrees
Moderate Field of Binocular Single Vision 2–9

21-30 degrees
Severe Field of Binocular Single Vision 10 – 15

11-20 degrees
Very Severe Field of Binocular Single Vision 16

0-10 degrees

A3-56
d. Aniseikonia
Severe aniseikonia that cannot be corrected may result in the loss of binocularity
and may be assessed in the range of 0 - 8% of total disability.
B. Secondary Ocular Conditions
Secondary ocular conditions may cause permanent disability in addition to

disability associated with primary visual system conditions. Therefore, ratings for
secondary ocular conditions may be added to any applicable rating for the
primary visual system, subject to the maximum ratings for vision disability set out
above.
Percentage
Glaucoma .................................................................................................... 2
Complete Loss of Iris ................................................................................... 4
Partial Loss of Iris ........................................................................................ 0 – 4
Fixed Mydriasis ............................................................................................ 2
Fixed Miosis ................................................................................................. 1
Dry eyes needing artificial tears or other treatment...................................... 2
Tearing due to lacrimal duct obstruction
Mild ......................................................................................................... 1
Moderate ................................................................................................ 2
Severe .................................................................................................... 3
Cataracts, aphakia, double aphakia and pseudoaphakia/pseudophakia are
assessed by their resultant changes in visual acuity and age-related loss of
accommodation.

A3-57
Percentage
Complete hearing loss in one ear with no loss in the other .......................... 3
Complete hearing loss in both ears............................................................ 30
A. Unilateral Traumatic Hearing Loss
Difference in hearing loss in

decibels (dB) measured in affected Percentage
ear (ANSI)
20 – 29 1
30 – 39 2
40 or more 3
The hearing loss due to the compensable condition expressed in dB in the first
column is the difference in the arithmetic average of thresholds of hearing
measured in each ear in turn by pure tone audiometry at frequencies of 500,
1,000, 2,000 and 3,000 Hz.

A3-58
B. Bilateral Traumatic Hearing Loss
Hearing loss in decibels (dB) Percentage

measured in each ear in turn
(ANSI) ear most ear least
PLUS
affected affected
35 – 39 0.2 1.8
40 – 44 0.3 2.7
45 – 49 0.5 4.5
50 – 54 0.7 6.3
55 – 59 1.0 9.0
60 – 64 1.3 11.7
65 – 69 1.7 15.3
70 – 74 2.1 18.9
75 – 79 2.6 23.4
80 or more 3.0 27.0
The hearing loss due to the compensable condition expressed in dB in the first
column is the arithmetic average of thresholds of hearing measured in each ear
in turn by pure tone audiometry at frequencies of 500, 1,000, 2,000 and 3,000
Hz.
After a worker’s bilateral traumatic hearing loss is assessed, a deduction of 0.5

decibels is made for each year the worker’s age exceeds 50 to allow for
presbycusis (age-related hearing loss). This is done for each ear.

A3-59
XIV. Non-Traumatic Hearing Loss
(Schedule 2/Section 145 of the Act)
Percentage
Complete hearing loss in one ear with no loss in the other .......................... 3
Complete hearing loss in both ears............................................................ 15
Percentage
Hearing loss in dB measured in
each ear in turn (ANSI) ear most ear least
PLUS
affected affected
0 – 27 0 0
28 - 32 0.3 1.2
33 - 37 0.5 2.0
38 - 42 0.7 2.8
43 - 47 1.0 4.0
48 - 52 1.3 5.2
53 - 57 1.7 6.8
58 - 62 2.1 8.4
63 -67 2.6 10.4
68 or more 3.0 12.0
The hearing loss in decibels in the first column is the arithmetic average of
thresholds of hearing measured in each ear in turn by pure tone, air conduction
audiometry at frequencies of 500, 1,000 and 2,000 Hz.

A3-60
For hearing impairment, see Sections XIII, “Traumatic Hearing Loss” and XIV,
“Non-Traumatic Hearing Loss”.
A. Vestibular Disorders
The following table is adapted from the AMA Guides, 5th Edition.
Percentage
Grade 1 Symptoms or signs of vestibular disequilibrium present without

supporting objective findings
0
AND
Activities of daily living can be performed without assistance
Grade 2 Symptoms or signs of vestibular disequilibrium present with

AND
Activities of daily living can be performed without assistance 0 – 10
except for complex activities such as bicycle riding or certain types
of demanding activities related to individual work, such as walking
on girders or scaffolds
Grade 3 Symptoms or signs of vestibular disequilibrium present with

AND
Activities of daily living cannot be performed without assistance 11 – 30
except for simple activities such as self care, some household
duties, walking and riding in a motor vehicle operated by another
person
Grade 4 Symptoms and signs of vestibular disequilibrium present with

AND 31 – 60
Activities of daily living cannot be performed without assistance,
except self care.
Grade 5 Symptoms and signs of vestibular disequilibrium present with

AND
Activities of daily living cannot be performed without assistance 61 – 95
except self care not requiring ambulation
AND
Home confinement is necessary

A3-61
B. Temporomandibular Joint Dysfunction
The percentage of disability rated for temporomandibular joint dysfunction is the

higher of the rating for loss of range of motion, structural change or malocclusion.
The rating should reflect loss of movement, structural change or malocclusion,

whichever is the greatest.
Temporomandibular joint dysfunction is rarely so severe that it causes disability.
1. Loss of Range of Motion

Percentage
Vertical movement loss
40 mm (total loss) ................................................................................ 10
30 mm ................................................................................................... 7
20 mm ................................................................................................... 5
10 mm ................................................................................................... 3
Lateral movement loss
50% or more ........................................................................................... 5
Less than 50% ....................................................................................... 2.5
Protrusive movement loss
Total loss ................................................................................................ 2
(Range of motion losses are added for total disability values)

A3-62
2. Structural Change
Percentage
Recurrent subluxating or dislocating disc:
Unilateral ................................................................................................ 1
Bilateral ................................................................................................. 3
Recurrent subluxating or dislocating joint:
Unilateral ................................................................................................ 2
Bilateral ................................................................................................. 4
Meniscal repair or meniscectomy:
Unilateral ................................................................................................ 2
Bilateral ................................................................................................. 4
Meniscectomy and alloplastic implant or soft tissue:
Unilateral ................................................................................................ 5
Bilateral ............................................................................................... 10
Arthroplasty (total joint) reconstruction/resection:
Unilateral ................................................................................................ 5
Bilateral ................................................................................................ 10
Arthroscopic surgical debridement/synovectomy:
Unilateral ................................................................................................ 1.5
Bilateral .................................................................................................. 3
3. Malocclusion (Post-Traumatic)
That cannot be resolved by current orthodontic

approaches .................................................................................................. 1.5

A3-63
AP Angina pectoris
CHF Congestive heart failure
EF Ejection fraction = the fraction of blood ejected by the heart in one beat
Normal = > 0.50
Mild systolic dysfunction = 0.40 - 0.50
Moderate systolic dysfunction = 0.30 - 0.40
Severe systolic dysfunction = < 0.30
HF Heart failure
HR Heart rate
MET A unit of measurement of heat production by the body; the metabolic heat
produced by a resting/sitting subject, being 50 kgm calories per metre of
body surface per hour; energy expended during a given activity is usually
expressed in multiples of this resting metabolic energy or "METS".
MI Myocardial infarction
VT Ventricular tachycardia

A3-64
A. Coronary Artery Disease
Percentage
Grade 1 Equivocal history of angina pectoris (AP) and 0–9

angiography shows less than 50% reduction of cross-
sectional area of coronary artery with normal EF
Grade 2 History of MI or AP documented by appropriate 10 – 29

laboratory studies, with no symptoms with daily activity or
moderately heavy exertion (functional class I)
AND
May require moderate dietary adjustment or medication
to prevent AP or remain free of signs and symptoms of
CHF
AND
Able to exercise on treadmill or cycle ergometer to obtain
H.R. 90% of predicted max. without significant ST
segment shift, VT, or hypertension; may be omitted if
unable to perform METS >7
OR
Recovered from coronary artery surgery or angioplasty,
remains asymptomatic during daily activities and able to
exercise as noted above. If taking beta-adrenergic
blocking agent, should walk on treadmill to cause energy
expenditure of at least 7 METS as substitute for target
HR
Grade 3 History of MI documented by appropriate laboratory 30 – 49

studies, or AP documented by changes on resting or
exercise ECG, or radioisotope study suggestive of
ischemia
OR
Either fixed or dynamic focal obstruction of at least 50%
of coronary artery on angiography and function testing
AND
Requires moderate dietary adjustment or drugs to
prevent frequent angina or to remain free of symptoms
and signs of CHF but may develop AP after moderately
heavy physical exertion (Functional Class II); METS > 5
but < 7.
OR

A3-65
Has recovered from coronary artery surgery or

angioplasty, continues to require treatment and has
symptoms as described above.
Grade 4 History of MI documented by appropriate laboratory 50 – 100

studies or AP documented by changes on resting ECG or
radioisotope study highly suggestive of myocardial
ischemia
OR
Either fixed or dynamic focal obstruction of at least 50%
of one or more coronary arteries demonstrated by
angiography and function testing
AND
Requires moderate dietary adjustments or drugs to
prevent AP or to remain free of symptoms and signs of
CHF but continues to develop symptoms of AP or CHF
during ordinary daily activities (Functional Class III or IV);
ETS < 5
OR
Has recovered from coronary artery bypass surgery or
angioplasty and continues to require treatment and have
symptoms as noted above.
Maximum and 90% Maximum Heart Rate

Heart Rate by Age
30 35 40 45 50 55 60 65
Max 193 191 189 187 184 182 180 178
Men 90%
173 172 170 168 166 164 162 160
Max
Max 190 185 181 177 172 168 163 159
Women 90%
171 167 163 159 155 151 147 143
Max

A3-66
New York Heart Association

Functional Classification of Cardiac Disease
CLASS DESCRIPTION
Individual has cardiac disease but no resulting limitation of
I physical activity; ordinary physical activity does not cause
undue fatigue, palpitation, dyspnea or anginal pain.
Individual has cardiac disease resulting in slight limitation of
physical activity; is comfortable at rest and in the performance
II of ordinary light, daily activities; greater than ordinary physical
activity, such as heavy physical exertion, results in fatigue,
palpitation, dyspnea, or anginal pain.
Individual has cardiac disease resulting in marked limitation of
III physical activity; is comfortable at rest; ordinary physical
activity results in fatigue, palpitation, dyspnea, or anginal pain.
Individual has cardiac disease resulting in inability to carry on
any physical activity without discomfort; symptoms of
IV inadequate cardiac output, pulmonary congestion, systemic
congestion, or anginal syndrome may be present, even at rest;
if any physical activity is undertaken, discomfort is increased.

A3-67

A3-68
B. Pericardial Disease
Percentage
Grade 1 No symptoms with normal daily activities or moderately 0–9
heavy physical exertion but evidence from either physical
examination or laboratory studies of pericardial disease
AND
Continuous treatment not required, and no signs of
cardiac enlargement or of congestion of lungs or other
organs
OR
In an individual who has had surgical removal of the
pericardium or a surgical window for drainage, no
adverse consequences from treatment and meets above
criteria
Grade 2 No symptoms in performance of ordinary daily activities, 10 – 29

but evidence from either physical examination or
laboratory studies of pericardial disease
AND
Dietary adjustment or drugs required to keep individual
free of symptoms and signs of CHF
OR
Has recovered from pericardiectomy and meets above
criteria
Grade 3 Slight to moderate discomfort in performance of ordinary 30 – 49

daily activities (Functional Class II) despite dietary or
drug therapy, and has evidence of pericardial disease on
physical examination or laboratory studies
AND
Physical signs present of increased venous pressure or
laboratory evidence of constrictive physiology on
echocardio-graphic or hemodynamic evaluation
OR
Has recovered from surgery to remove pericardium but
continues to have symptoms, signs, and laboratory
evidence described above
Grade 4 Symptoms on performance of ordinary daily activities 50 – 100

(Functional Class III or IV) despite appropriate dietary
restrictions or drugs, and evidence from physical
examination or laboratory studies of pericardial disease

A3-69
AND
Has recovered from surgical pericardiectomy and
continues to have symptoms, signs, and laboratory
evidence described above.
C. Arrhythmias
Percentage
Grade 1 Asymptomatic during ordinary activities and a cardiac 0–9
arrhythmia is documented by ECG, or has had an
isolated syncopal episode
AND
No documentation of three or more consecutive ectopic
beats or periods of asystole > 1.5 seconds and both atrial
and ventricular rates are maintained between 50 and 100
beats per minute
AND
No evidence of organic heart disease
OR
Has recovered from surgery or a catheter procedure to
correct arrhythmia and above criteria are met
Grade 2 Asymptomatic during ordinary activities. A cardiac 10 – 29

arrhythmia is documented by ECG, or has had an
isolated syncopal episode
AND
Moderate dietary adjustment, use of drugs, or an artificial
pacemaker required to prevent symptoms related to the
arrhythmia
OR
Arrhythmia persists and there is organic heart disease
OR
Has recovered from surgery or a catheter procedure to
correct arrhythmia or implantable cardioverter-defibrillator
placement to treat arrhythmia and meets above criteria
for impairment
Grade 3 Symptoms despite use of dietary or drug therapy or of an 30 – 49

artificial pacemaker, and a cardiac arrhythmia is
documented with ECG
AND

A3-70
Is able to lead an active life and symptoms due to

arrhythmia are limited to infrequent palpitations and/or
episodes of light-headedness, presyncope, or temporary
inadequate cardiac output
OR
Has recovered from surgery and catheter procedure, or
implantable cardioverter-defibrillator placement to treat
arrhythmia and meets above criteria for impairment
Grade 4 Symptoms due to documented cardiac arrhythmia that 50 – 100

are constant and interfere with ordinary daily activities
(Functional Class III or IV)
OR
Frequent symptoms of inadequate cardiac output
documented by ECG to be due to frequent episodes of
cardiac arrhythmia
OR
Continues to have episodes of syncope that are either
due to, or have a probability of being related to,
arrhythmia; to fit into this category of impairment,
symptoms must be present despite use of dietary
therapy, drugs, or artificial pacemakers
OR
Has recovered from surgery, a catheter procedure or
implantable cardioverter-defibrillator placement to treat
arrhythmia and continues to have symptoms causing
impairment outlined above

A3-71
D. Hypertension
Percentage
Grade 1 Asymptomatic; stage 1 or 2 hypertension without 0–9
medications
OR
Normal blood pressure on antihypertensive medication
AND
No evidence of end organ damage
Grade 2 Asymptomatic; stage 1 or 2 hypertension despite multiple 10 – 29

medications
OR
Antihypertensive medication with any of the following:
(a) Proteinuria, urinary sediment abnormalities, no
renal function impairment as measured by the
blood urea nitrogen (BUN) and serum creatinine
(b) Definite hypertensive = changes on fundoscopic
examination in arterioles, e.g. "copper" or "silver
wiring", or arteriovenous crossing changes with
or without hemorrhages and exudates; either
abnormality suggests end-organ damage
Grade 3 Asymptomatic; stage 3 hypertension despite multiple 30 – 49

medications
OR
Antihypertensive medication with any of the following:
(a) Proteinuria, urinary sediment abnormalities,
renal function impairment as measured by BUN
and serum creatinine, and a decreased
creatinine clearance of 20% to 50% of normal
(b) L.V. hypertrophy by ECG or echocardiography
but no symptoms of HF; either abnormality
suggests end-organ damage
Grade 4 Antihypertensive medication with Stages 1 - 3 and any of 50 – 100

the following abnormalities:
(a) Proteinuria, urinary sediment abnormalities,
renal function impairment as measured by BUN
and serum creatinine, and a creatinine
clearance < 20% of normal
(b) Hypertensive cerebrovascular damage or
episodic hypertensive encephalopathy LV

A3-72
hypertrophy systolic dysfunction, and/or signs

and symptoms of HF due to hypertension
Classification Adult Hypertension

Blood Pressure Categories Hypertension Categories
Blood High
Pressure Optimal Normal Normal Stage 1 Stage 2 Stage 3
Systolic < 120 < 130 130 - 139 140 - 159 160 - 179 > 180
and and or or or or
Diastolic < 80 < 85 85 - 89 90 - 99 100 - 109 > 110
E. Pulmonary Hypertension
Percentage
Grade 1 No symptoms or signs of right HF and mild pulmonary 0–9
hypertension (PAP 40-50 mm Hg) or a Doppler
echocardiography derived peak tricuspid velocity of
3.0-3.5 m/sec
Grade 2 No symptoms or signs of right HF and moderate P.A. 10 – 29

hypertension (PAP 51-75 mm Hg)
Grade 3 Moderate pulmonary hypertension (PAP > 75 mm Hg) 30 – 49

AND
Signs and symptoms of right HF
OR
Symptoms of mild limitation (Class II) with any degree
of pulmonary hypertension
Grade 4 Severe pulmonary hypertension (PAP > 75 mm Hg) 50 – 100

OR
Symptoms of severe limitation (Class III or IV) with any
degree of pulmonary hypertension

A3-73
F. Upper Extremity Peripheral Vascular Disease
Percentage
Grade 1 Neither intermittent claudication nor pain at rest 0–4
OR
Only transient edema
AND
Physical examination not more than the following
present:
Loss of pulses; minimal loss of subcutaneous tissue of
fingertips; calcification of arteries on x-ray;
asymptomatic dilation of arteries or veins, not requiring
surgery and not resulting in curtailment of activity
OR
Raynaud's symptoms with or without obstructive
physiology (documented by finger/brachial indices of >
0.8 or low digital temperatures with decreased laser
Doppler signals that do not normalize with warming of
affected digits) that completely responds to lifestyle
changes and/or medical therapy
Grade 2 Intermittent claudication on severe upper extremity 5 – 16

usage
OR
Persistent edema of a moderate degree, controlled by
elastic supports
OR
Vascular damage evidenced by a sign such as a
healed, painless stump of an amputated digit showing
evidence of persistent vascular disease, or a healed
ulcer
OR
Raynaud's Phenomena with obstructive physiology (as
documented by finger/brachial indices of < 0.8 or low
digital temperatures with decreased laser Doppler
signals that do not normalize with warming of affected
digits) that incompletely responds to lifestyle changes
and/or medical therapy
Grade 3 Intermittent claudication on mild upper extremity usage 17 – 27

OR
Marked edema that is controlled by elastic supports

A3-74
OR
Vascular damage evidenced by healed amputation of
two or more digits of one extremity with evidence of
persistent vascular disease or superficial ulceration
Grade 4 Intermittent claudication on mild upper extremity usage 28 – 35

OR
Marked edema that cannot be controlled by elastic
support
OR
Vascular damage as evidenced by signs such as
amputation at or above the wrist, or amputation of two
or more digits of both extremities with evidence of
persistent vascular disease; or persistent widespread
or deep ulceration involving one extremity
Grade 5 Severe and constant pain at rest 36 – 40

OR
Vascular damage evidenced by signs such as
amputation at or above the wrists of both extremities,
or amputation of all digits of both extremities with
evidence of persistent widespread or deep ulceration
involving both extremities
G. Lower Extremity Peripheral Vascular Disease
Percentage
Grade 1 Neither intermittent claudication nor pain at rest 0–4
OR
Only transient edema
AND
On physical examination, not more than the following
findings:
Loss of pulses; minimal loss of subcutaneous tissue;
calcification of arteries detected by x-ray; asymptomatic
dilation of arteries or veins, not requiring surgery and
not resulting in curtailment of activity
Grade 2 Intermittent claudication on severe extremity usage 5 – 16

OR
Persistent edema of a moderate degree controlled by
elastic supports

A3-75
OR
Vascular damage evidenced by a sign such as a
healed, painless stump of an amputated digit showing
evidence of persistent vascular disease, or a healed
ulcer
Grade 3 Intermittent claudication on walking as few as 25 yards 17 – 27

and no more than 100 yards at average pace
OR
Marked edema only partially controlled by elastic
supports
AND
Vascular damage evidenced by a sign such as healed
amputation of two or more digits of one extremity, with
evidence of persistent vascular disease or superficial
ulceration
Grade 4 Intermittent claudication on walking less than 25 yards, 28 – 35

or intermittent pain at rest
OR
Marked edema that cannot be controlled by elastic
support
AND
Vascular damage as evidenced by signs such as
healed amputation at or above an ankle or amputation
of two or more digits of two extremities, with evidence
of persistent vascular disease; or persistent
widespread, or deep ulceration involving one extremity
Grade 5 Severe and constant pain at rest 36 – 40

OR
Vascular damage evidenced by signs such as
amputation at or above ankles of two extremities, or
amputation of all digits of two or more extremities, with
evidence of persistent, widespread, or deep ulceration
involving two or more extremities

A3-76

A3-77
A. Upper Digestive Tract Disease
Percentage
Grade 1 Symptoms or signs of upper digestive tract disease, or 0–9
anatomic loss or alteration
AND
Continuous treatment not required
AND
Maintains weight at desirable level
OR
No sequelae after surgical procedures
Grade 2 Symptoms and signs of upper digestive tract disease, 10 – 24

or anatomic loss or alteration
AND
Requires appropriate dietary restrictions and drugs for
control of symptoms, signs, or nutritional deficiency
AND
Weight loss below desirable weight does not exceed
10%

AND
Appropriate dietary restrictions and drugs do not
completely control symptoms, signs, or nutritional state
OR
10%-20% weight loss below desirable weight due to
upper digestive tract disorder

AND
Symptoms uncontrolled by treatment
OR
Greater than 20% weight loss below the desirable
weight due to upper digestive tract disorder
Note: Upper digestive tract = esophagus + stomach + small intestine + pancreas

+ liver + gall bladder

A3-78
B. Colonic and Rectal Disorders
Percentage
Grade 1 Symptoms and signs of colonic or rectal disease 0–9
infrequent and of brief duration
AND
Limitation of activities, special diet or medication not
required
AND
No systemic manifestations present and weight and
nutritional state can be maintained at desirable level
OR
No sequelae after surgical procedures
Grade 2 Objective signs of colonic or rectal disease or anatomic 10 – 24

loss or alteration
AND
Mild gastrointestinal symptoms with occasional
disturbances of bowel unction, accompanied by
moderate pain
AND
Minimal restriction of diet or mild symptomatic therapy
may be necessary
AND
No impairment of nutrition results
Grade 3 Objective evidence of colonic or rectal disease, or 25 – 49

AND
Moderate to severe exacerbations with disturbance of
bowel habit accompanied by periodic or continual pain
AND
Restrictions of activity, special diet, and drugs required
during attacks
AND
Constitutional manifestations (fever, anemia, or weight
loss)
Grade 4 Objective evidence of colonic or rectal disease, or 50 – 75

AND

A3-79
Persistent disturbances of bowel function present at

rest with severe persistent pain
AND
Complete limitation of activity, continued restriction of
diet, and medication do not entirely control symptoms
AND
Constitutional manifestations (fever, weight loss, or
anemia) present
OR
No prolonged remission
C. Anal Disease
Percentage
Grade 1 Signs of organic anal disease or anatomic loss or 0–9
alteration
OR
Mild incontinence involving gas or liquid stool
OR
Anal symptoms mild, intermittent, and controlled by
treatment
Grade 2 Signs of organic anal disease or anatomic loss or 10 – 19

alteration
AND
Moderate but partial fecal incontinence requiring
continual treatment
OR
Continual anal symptoms incompletely controlled by
treatment
Grade 3 Signs of organic anal disease or anatomic loss or 20 – 35

alteration
AND
Complete fecal incontinence
OR
Signs of organic anal disease and severe anal
symptoms unresponsive to therapy

A3-80
D. Liver Disease
Percentage
Grade 1 Objective evidence of persistent liver disease; no 0 – 14
symptoms of liver disease and no history of ascites,
jaundice, or bleeding esophageal varices within 3 years
AND
Good nutrition and strength
AND
Biochemical studies indicate minimal disturbance of
function
OR
Primary disorders of bilirubin metabolism
Grade 2 Objective evidence of chronic liver disease, no liver 15 – 29

disease symptoms and no history of ascites, jaundice
or bleeding esophageal varices within 3 years
AND
Good nutrition and strength
AND
Biochemical studies indicate more severe liver damage
than Grade 1
Grade 3 Objective evidence of progressive chronic liver disease 30 – 49

or history of jaundice, ascites, or bleeding esophageal
varices within past year
AND
Possibly affected nutrition and strength
OR
Intermittent hepatic encephalopathy
Grade 4 Objective evidence of progressive chronic liver disease 50 – 95

or persistent jaundice or bleeding esophageal varices
with central nervous system manifestations of hepatic
insufficiency
AND
Poor nutritional state

A3-81
E. Biliary Tree Disease
Percentage
Grade 1 Occasional biliary tract dysfunction episode 0 – 14
Grade 2 Recurrent biliary tract impairment, irrespective of 15 – 29
treatment
Grade 3 Irreparable biliary tract obstruction with recurrent 30 – 49
cholangitis
Grade 4 Persistent jaundice, progressive liver disease due to 50 – 95
common bile duct obstruction

A3-82
A. Upper Urinary Tract Disease
Percentage
Grade 1 Diminution of upper urinary tract function as evidenced by 0 – 14
creatinine clearance of 70-90 L/24h (52-62.5 ml/min)
OR
Intermittent symptoms and signs of upper urinary tract
dysfunction that do not require continuous treatment or
surveillance

creatinine clearance of 60-75 L/24h (42-52 ml/min)
OR
Symptoms and signs of upper urinary tract disease or
dysfunction necessitate continuous surveillance and
frequent treatment, although creatinine clearance is
greater than 75 L/24h (52 ml/min)
OR
Successful renal transplantation results in marked renal
function improvement
OR
Only one kidney is functioning (at least 15% of whole
person)

creatinine clearance of 40-60 L/24h (28-42 ml/min)
OR
dysfunction are completely controlled by surgical or
continuous medical treatment although creatinine
clearance is 60-75 L/24h (42-52 ml/min)

creatinine clearance below 40 L/24h (28 ml/min)
OR
dysfunction persist despite surgical or continuous medical
treatment although creatinine clearance is 40-60 L/24h
(28-42 ml/min)
OR
Renal function deterioration requires either peritoneal
dialysis or hemodialysis

A3-83
Note: Normal creatinine clearance

- males 130-200 L/24h (90-139 ml/min)
- females 115-180 L/24h (80-125 ml/min)
Note: A worker with only one functioning kidney may have normal renal function
due to the efficiency of the remaining kidney; however, the normal safety
factor is lost. Value for a worker with one functioning kidney loss is 15%.
B. Bladder Disorders
Percentage
Grade 1 Clinical signs or sequelae requiring occasional 0–5
treatment
Grade 2 Clinical signs or sequelae requiring continuing medical 6 – 15

supervision and medication (e.g. recurring cystitis,
incontinence controlled by medication)
Grade 3 Clinical signs or sequelae incompletely controlled with 16 – 30

medical and surgical treatment (e.g. retention or partial
intermittent incontinence)
Grade 4 Clinical signs or sequelae not controlled with medical 31 – 60

and surgical treatment (e.g. total incontinence or
complete urinary retention)
C. Urethral Disorders
Percentage
(a) Stricture
Grade 1 Requiring occasional dilation 0–5
Grade 2 Requiring dilation 6 – 10
(b) Fistula(e) 15
(c) Diverticula(e) with recurrent complications 5

A3-84
D. Penile Disorders
Percentage
Grade 1 Sexual function is possible but with varying degrees of 0–9
difficulty with erection, ejaculation, or sensation
Grade 2 Sexual function possible with sufficient erection but 10 – 19

with impaired ejaculation and sensation
Grade 3 No sexual function possible 20
Penile implant with good sensation lower range of Grade 2; with poor sensation
upper range Grade 2.
E. Vulvar/Vaginal Disorders
Percentage
Grade 1 Sexual relations possible, but with slight difficulty 0–5
(delivery by birth canal possible)
Grade 2 Sexual relations possible, but difficult (limited potential 6 – 15

for vaginal delivery)
Grade 3 Sexual relations impossible (vaginal delivery not 16 – 20

possible) and symptoms not controlled by medical or
surgical treatment

A3-85
XIX. Visceral Loss/Surgical Conditions
Percentage
Loss of kidney ............................................................................................ 15

Loss of spleen ............................................................................................ 10
Testicular loss
Unilateral – without sterility ..................................................................... 2
Unilateral – with sterility .......................................................................... 7
Bilateral ................................................................................................ 10
Surgical diversion disorders
Ureterointestinal ................................................................................... 40
Ureterostomy ........................................................................................ 40
Nephrostomy ........................................................................................ 40
Esophagostomy .................................................................................... 40
Gastrostomy ......................................................................................... 40
Jejunostomy ......................................................................................... 40
Ileostomy .............................................................................................. 40
Ileal pouch-anal anastomosis ............................................................... 40
Colostomy............................................................................................. 40
Hernia – persisting, failed surgical repair or inoperable
Unilateral Bilateral
Mild – small size, reducible 2 6
Moderate – medium size, difficult to

5 15
reduce
Severe – large size, irreducible 7 21

A3-86
Due to overlapping symptoms across diagnoses and their potential interactions,

psychological disability ratings are not made per diagnosis. All accepted
psychological diagnoses are combined and rated as a whole.
A. Aphasia and Communication Disturbances
Percentage
Mild - minimal disturbance in comprehension and
production of language symbols of daily living ........................................ 0 – 25
Moderate - moderate disturbance in comprehension
and production of language symbols of daily living................................ 30 – 70
Marked - inability to comprehend language symbols.
Production of unintelligible or inappropriate language
for daily activities ................................................................................... 75 – 95
Extreme - complete inability to communicate or
comprehend language symbols ................................................................... 100
B. Disturbances of Mental Status and Integrative Functioning
Percentage
Mild - some impairment but ability remains to
satisfactorily perform most activities of daily living................................... 0 – 25
Moderate - impairment necessitates direction
and supervision of daily living activities ................................................. 30 – 70
Marked - impairment necessitates directed care under
continued supervision and confinement in home or other facility........... 75 – 95
Extreme - individual is unable without supervision to
care for self and be safe in any situation ..................................................... 100
C. Emotional (Mental) and Behavioural Disturbances
The impairment levels below relate to activities of daily living, social

functioning, concentration and adaptation.

A3-87
Percentage
Mild - impairment levels are compatible with most useful functioning...... 0 – 25
Moderate - impairment levels are compatible with some
but not all useful functioning .................................................................. 30 – 70
Marked - impairment levels significantly impede useful functioning....... 75 – 95
Extreme - impairment levels preclude most useful functioning .................... 100
Disability ratings greater than 0% are made in 5% increments.

A3-88
A Introduction
For purposes of rating, the respiratory system includes the following:
• The upper respiratory system: the nose, throat, larynx and trachea.
• The lower respiratory system: all other respiratory structures within the
chest cavity, including the chest wall cage.
Lower respiratory system ratings are based on a combination of diagnosis,

symptoms and the results of laboratory tests, specifically pulmonary function
tests (PFT's) and imaging studies.
B. Upper Respiratory System Conditions
Percentage
Rhinitis - recurrent and unresponsive to treatment or withdrawal from exposure

• minor ................................................................................................. 1
• significant +/- ulceration .................................................................... 5
Ulceration - recurrent and unresponsive to treatment or withdrawal from

exposure ...................................................................................................... 5
Perforation of nasal septum

• Asymptomatic.................................................................................... 0
• Symptomatic ..................................................................................... 2
Nasal obstruction
• unilateral minor............................................................................ 0
significant ..................................................................... 1
complete ...................................................................... 2
• bilateral minor............................................................................ 0
significant ..................................................................... 2.5
complete ...................................................................... 5

A3-89
Tracheal obstruction
• minor ................................................................................................ 0 – 10
• significant ....................................................................................... 11 – 25
Tracheostomy scar without obstruction........................................................ 0
Permanent tracheostomy .......................................................................... 25
C. Lower Respiratory System Conditions
1. General Principles
(a) An anatomical change such as circumscribed pleural plaque

represents an impairment based on anatomic structure; however, if
there is no abnormality of lung function, and no decrease in the
ability to perform activities of daily living, then the impairment rating
assigned would be 0%.
(b) A specific impairment is established by considering the severity and

prognosis of the condition and how the impairment affects the
individual's ability to perform activities of daily living.
(c) Symptomatic assessment, though diagnostically useful, provides

limited quantitative information, and should not be used as the sole
criterion for assessing impairment.
(d) Pulmonary function tests are the most useful clinical studies for
assessing pulmonary functional changes.
2. Symptoms
(a) Dyspnea
• most common symptom in pulmonary impairment.
• non-specific - cardiac, hematologic metabolic, neurologic,
psychological or physical fitness causes

A3-90
American Thoracic Society (ATS) Classification of Dyspnea
Severity Definition by Historical Question/Response
Mild Do you have to walk more slowly on the level

than people of your age because of
breathlessness?
Moderate Do you have to stop for breath when walking at

your own pace on the level?
Severe Do you ever have to stop for breath after

walking about 100 yards or for a few minutes
on the level?
Very Severe Are you too breathless to leave the house, or

breathless on dressing or undressing?
(b) Cough
• Document
o presence/absence
o productive/non-productive
o relationship to work
o duration
o hemoptysis
Chronic bronchitis = sputum-producing cough that occurs on most

days for at least 3 consecutive months a year for at least
2 consecutive years (ATS criteria)
(c) Hemoptysis
• Conditions that are often associated with hemoptysis include
bronchogenic carcinoma, pulmonary emboli, bronchiectasis,
tuberculosis, aspegilloma, and arteriovenous malformations.
(d) Wheezing
• high pitched musical sounds
• inspiratory or stridor suggests laryngeal causes
• expiratory suggests bronchospasm

A3-91
(e) Symptoms Due to Thoracic Cage Abnormalities
• Such as spinal abnormalities (e.g. Kyphoscoliosis).

• Respiratory compromise is produced by a combination of
restricted lung volume, decreased cross-sectional area of the
vascular bed, and decrease in chest wall compliance which
occurs with age.
• Progressive stiffness of the chest wall with age increases the
work of breathing and causes hyperventilation. Hypoxia is a
powerful pulmonary vasoconstrictor and further decreases
vascular cross-sectional area, leading to cor pulmonale.
• Judge severity of respiratory impairment on criteria listed in
"Forced Expiratory Manoeuvres", "Diffusing Capacity for Carbon
Monoxide" and other criteria for rating impairment due to
respiratory disease provided.
3. Tobacco Use and Environmental Exposure
(a) Tobacco Use
• Standard measure of "pack years":
number of years x number of packs

of smoking smoked per day
• Most frequent cause of chronic bronchitis, emphysema, and lung

cancer, and can exacerbate asthma.
• Risk of bronchogenic carcinoma decreases progressively in the

first 10-15 years after quitting smoking, stabilizing at a point
slightly higher than someone who has never smoked.
(b) Environmental Exposure
• Exposure to toxic materials, irritative gases, fumes, mists or

vapours, organic materials, fibrogenic dust, bioaerosols, paints,
glues, pesticides and allergens as well as pets, cool-mist
vaporizers, humidifiers, indoor hot tubs and chlorinated and
ozonated swimming pools all may cause, or exacerbate
respiratory disease.

A3-92
4. Evaluation of Respiratory Disease
(a) Physical Examination
• Noisy breath sounds may indicate airflow obstruction.
• Pursed lip breathing during expiration may suggest chronic

obstructive pulmonary disease (COPD).
• Inspiratory crackles heard in two thirds of people with chronic

interstitial lung disease may be associated with restrictive
respiratory impairment.
• Wheezes or rhonchi indicate bronchial abnormalities and are

often heard in obstructive airway disease.
• Cyanosis unreliable indicator of severe pulmonary impairment,

and requires pulse oximetry or arterial blood gas analysis for
confirmation.
• Digital clubbing associated with pulmonary fibrosis,

bronchiectasis, bronchogenic carcinoma, pleural tumors, lung
abscess, empyema and cyanotic congenital heart disease.
(b) Chest X-ray
• Initial posteroanterior and lateral views in full inspiration
(c) Computed Tomography (CT) - High-Resolution CT (HRCT)
• More sensitive in evaluating certain pulmonary diseases, such

as asbestosis.
• Conventional CT - 10 mm thick slices. Good for high

radiographic attenuation lesions.
• HRCT - 1-2 mm thick slices. Good for low radiographic

attenuation lesions.
• HRCT delivers significantly less whole body effective dose

radiation than standard CT.
(d) Forced Expiratory Manoeuvres (Simple Spirometry)

A3-93
• Spirometric testing equipment, calibration, and administration

techniques must conform to the guidelines of the 1994 ATS
Statement on Standardization of Spirometry.
• If tolerated by the worker, remove pulmonary medications up to

24 hours before spirometry or methacholine challenge testing to
assess pulmonary function without the effects of medication.
• Measurements are made from at least three acceptable

spirometric tracings that demonstrate uniformity pertaining to
both the expiratory flow pattern and concordance of at least two
of the test results within 5% of each other; to include the
following:
i) Forced vital capacity (FVC)

ii) Forced expiratory volume in the first second (FEV1)
iii) Ratio of these measurements (FEV1/FVC)
• Tracings with the highest FVC and FEV1 are used to occur on
different expiratory efforts.
• Repeat spirometry after bronchodilator administration if

FEV1/FVC is below 0.70 or if there is wheezing on physical
examination.
• Use the spirogram indicating best effort, before or after

bronchodilator administration, to determine FVC and FEV1 for
impairment assessment.
• To use pulmonary function measures, obtain measurements of

the FVC, FEV1, and Dco (Diffusing Capacity for Carbon
Monoxide) and compare these to the appropriate predicted
normal value tables in Appendix B. (Pulmonary Function Tables
I, III, V, VII, IX and XI) For the average or mean predicted
normal value, find the individual's age in the left-hand column
and height along the top row; the predicted value lies at the
intersection of the appropriate row and column. In addition,
identify the lower limit of normal for the measure in question by
using the appropriate predicted lower limit value tables in
Appendix B. (Pulmonary Function Tables II, IV, VI, VIII, X, and
XII) The lower limit of normal has been calculated based upon
the standard convention of the lower limit of normal lying at the
fifth percentile, below the upper 95% of the reference
population, according to ATS recommendations.

A3-94
• The ATS task force for the interpretation of pulmonary function

recommends an adjustment on a population basis for predicted
lung function in blacks.
• Multiply values for predicted normal FVC (Pulmonary Function

Tables I and III) by 0.88, for predicted normal FEV1 (Pulmonary
Function Tables V and VII), by 0.88 and for normal single breath
Dco (Pulmonary Tables IX and XI) by 0.93 for blacks.
• North American whites have larger spirometric values for a

given age, height and gender than North American blacks.
• Reliable population data are not yet available for other ethnic
groups, such as Hispanics, Native North Americans and Asians,
although similar in tendencies to North American blacks, have been
noticed in these racial groups, it is still recommended that the
values for North American whites be used in assessing their
respiratory impairment.
(e) Diffusing Capacity for Carbon Monoxide (Dco)
• Use a single breath Dco to evaluate all levels of impairment.
• Physiological factors affecting the gas transfer process include:
i) Alveolar-capillary membrane thickness

ii) Available gas exchange surface area
iii) Gas solubility
iv) Pulmonary capillary blood volume
v) Hematocrit
vi) Test gas concentration gradient across the alveolar-capillary
membrane
vii) Hemoglobin binding site availability
• Mechanical factors affecting Dco results include:
i) Test gas inhalation speed

ii) Inspiration depth
iii) Period of breath holding
iv) Expiration speed
• Extrapulmonary factors

A3-95
i) Cigarette smoking can elevate blood CO levels causing as

much as 10-12% hemoglobin saturation and decreasing
Dco.
ii) Have worker not smoke for at least 8 hours before the test
• Use tables in Appendix B (Pulmonary Function Tables IX and

XI) for predicted normal diffusing capacity.
• Use table in Appendix C (Impairment Classification for

Respiratory Disease, Using Pulmonary Function and Exercise
Tests) to determine respiratory impairment.
(f) Cardiopulmonary Exercise Testing
• Used to determine whether worker’s complaint of dyspnea is

due to respiratory or cardiac conditions.
• Exercise capacity is measured by oxygen consumption per unit

time in millilitres per kilogram multiplied by minutes, or in
metabolic equivalents (METS).
• Generally, an individual can sustain a work level equal to 40%

of the individual’s measured maximum oxygen consumption
(VO2 max) for an eight hour period.
Prolonged Physical Work Intensity/Oxygen Consumption
Work Intensity Oxygen Excess Energy

For 70 kg Person Consumption Expenditure_
Light work 7 ml/kg; 0.5 L/min < 2 METS

Moderate work 8-15 ml/kg; 0.6-1.0 L/min 2-4 METS
Heavy work 16-20 ml/kg; 1.1-1.5 L/min 5-6 METS
Very heavy work 21-30 ml/kg; 1.6-2.0 L/min 7-9 METS
Arduous work > 30 ml/kg; > 2.0 L/min > 8 METS
(g) Arterial Blood Gases
• In most workers with obstructive lung disease, exercise capacity

correlates with FEV, better than arterial partial pressure of
oxygen (PO2).

A3-96
• For impairment evaluation, hypoxia must be measured on two

separate occasions at least 4 weeks apart.
• Pulse oximetry often provides an adequate estimate of hypoxia

and is less invasive than arterial blood gases.
• Arterial PO2 less than 55 mm Hg is evidence of severe

impairment if worker is at rest, breathing room air at sea level.
• Arterial PO2 less than 60 mm Hg may also indicate severe

impairment if the worker also has one or more of the following:
i) Pulmonary hypertension
ii) Cor pulmonale
iii) Increasingly severe hypoxia during exercise testing
iv) Erythrocytosis
(h) Rating Impairment Due to Respiratory Disease
• All workers being assessed for respiratory impairment require

spirometry.
• A worker must meet all of the listed criteria except for VO2 max
in order to be considered non-impaired (see table in Appendix C
"Impairment Classification For Respiratory Disease, Using
Pulmonary Function and Exercise Tests").
• At least one of the listed criteria must be fulfilled to place an

individual in any category with an impairment rating.

A3-97
XXII. Asthma
Either Tables A (1-3), Table B or Table C apply to assess asthma severity. The
following considerations determine which tables or table to apply:
• Tables A1, A2 and A3 are used to make a clinical assessment based upon lung
function tests and medication needs. The scores from Tables A1, A2 and A3 are
added to obtain a total score for asthma severity.
• If the total score from Tables A1, A2 and A3 is “0”, Table B is used to assess the
severity of subjective symptoms.
• If the score from Table B is also “0”, Table C is used to assess sensitization in an
asymptomatic worker, resulting in the need to avoid work environments
containing a sensitizing agent.
• Based on the asthma severity score from Tables A (1-3), Table B or Table C,
Table D is then used to assign a percentage disability rating.
Table A1: Post-bronchodilator FEV1*
Score FEV1 % predicted
0 ≥ lower limit of normal
1 70% – 80% of predicted
4 <50% of predicted
Table A2: Reversibility of FEV1 or Degree of Airway Hyperresponsiveness
PC20** mg/ml or Equivalent

Score % FEV1 Change OR (Degree of Airway
Hyperresponsiveness)
0 <10% >8 mg/ml
1 10% – 19% 8 mg/ml to >0.6 mg/ml
2 20% – 29% 0.6 mg/ml to >0.125 mg/ml
3 ≥ 30% ≤ 0.125 mg/ml
4 n/a n/a

A3-98
XXII. Asthma
Table A3: Minimum Medication Need
Score Medication
0 None
Occasional (but not daily) bronchodilator and/or occasional

1
(but not daily) bronchodilator alternative
Daily bronchodilator and/or daily bronchodilator alternative

2 and/or daily low dose inhaled steroid
(< 800µg of beclomethasone or equivalent)
Bronchodilator on demand and daily high-dose inhaled

3 steroid (>800µg of beclomethasone or equivalent) or
occasional course (1-3 courses per year) of systemic steroid
Bronchodilator on demand and daily high-dose inhaled

4 steroid (>800µg of beclomethasone or equivalent) and daily
or every other day systemic steroid
*FEV1 indicates the “forced expiratory volume” of air exhaled during the first
second of a forced breath.
**PC is the “provocative concentration” of a stimulus that causes a 20% fall in
20
FEV1.
If FEV1 is ≥ to the lower limit of normal, PC20 should be determined and used for
rating asthma severity; if FEV1 is 70% to 80%, either reversibility or PC20 can be
used; if FEV1 is < 70% of the predicted, reversibility only is used for rating
asthma severity.

A3-99
XXII. Asthma
Table B: Symptom Severity as Reported by the Treating Physician or Board

Medical Advisor
Score Symptoms
0 None
0.3 Shortness of breath on exertion
0.6 Shortness of breath and wheezing on moderate exertion
Shortness of breath, wheezing, cough, and chest tightness on mild

0.9
exertion
Table C: Sensitization
Score Sensitization
The worker is able to return to the workplace without experiencing

0
asthmatic symptoms.
The worker reacts with asthmatic symptoms upon exposure to a

sensitizing agent in the workplace, indicated by increased bronchial
reactivity and/or a significant change in peak flow when the worker
returns to the workplace under conditions that do not expose the
worker to irritant levels of the sensitizing agent or other known
respiratory irritants. After considering medical advice, the Board
0.1 – 0.2 determines that the worker must avoid workplaces containing the
sensitizing agent.
In assessing the disability rating, the Board considers the extent to
which the sensitizing agent is commonly found in work
environments. Generally, the more common the sensitizing agent,
the higher the disability rating.

A3-100
XXII. Asthma
Table D: Asthma Disability Rating
Score (Table A(1-3), B

or C whichever is Percentage
higher)
0 0
0.1 – 0.2 1–2
0.3 3
0.6 6
0.9 9
1 10
2 14
3 18
4 22
5 26
6 30
7 34
8 42
9 50
10 - 11 51 - 100

A3-101
XXIII. Contact Dermatitis
Treatment
Grade Signs and Symptoms (see below for Percentage
details)
Grade 1 Skin disorder signs and symptoms not present when Requires no 1–2
the worker is removed from a workplace sensitizing treatment.
agent, but the worker reacts with recurrent signs and
symptoms of marked extent and severity when
exposed to the sensitizing agent. The worker
experiences these signs and symptoms when the
worker returns to the workplace under conditions that
do not expose the worker to irritant levels of the
sensitizing agent or other known dermal irritants. After
considering medical advice, the Board determines that
the worker must avoid workplaces containing the
sensitizing agent.
In assessing the disability rating, the Board considers
the extent to which the sensitizing agent is commonly
found in work environments. Generally, the more
common the sensitizing agent, the higher the disability
rating.
Grade 2 Skin disorder signs and symptoms present or Requires no or 3–5
intermittently present. intermittent
treatment with
agents listed in
1 below.
Grade 3 Skin disorder signs and symptoms intermittently or Requires 6 – 24
constantly present. intermittent
treatment with
agents listed in
1 and 2 below.
Grade 4 Skin disorder signs and symptoms constantly present. Constant 25 – 50
treatment with
agents listed in
1 and 2 below.
Cases such as
these are rare
and require
tertiary level
medical input.
In evaluating the severity of the worker’s condition and its effect on earning
capacity, the Board may consider the limitations experienced by the worker in the
worker’s activities of daily living.

A3-102
XXIII. Contact Dermatitis
1. Treatments
Topical Treatment
Topical treatment may be indicated for mild cases of contact dermatitis with
limited site of involvement, acute contact dermatitis when the offending agent has
been removed, or chronic contact dermatitis with limited symptoms.
Topical therapy frequently includes:
• Emollients, lubricants, moisturizers

• Non-alkaline cleansers instead of soap
• Cool compresses
• Lotions, such as calamine
• Topical corticosteroid creams, ointments, lotions, gels or spray
• Antibiotics
Systemic Treatment
• Antihistamines
• Antibiotics
2. Systemic Treatment (Other)
Systemic treatment may be indicated for control of itching and/or edema even in
cases of limited extent. Systemic treatment may also be indicated for moderate
to severe acute and/or chronic contact dermatitis. Such treatments include:
• Antihistamines
• Corticosteroids (oral or parenteral)
• Antibiotics (oral or parenteral)
• Psoralen (topical or oral) and ultraviolet A radiation (PUVA)
• Azathioprine
• Cyclosporin

A3-103
APPENDIX A
ADULT PINCH AND GRIP STRENGTH, Mathiowetz et al. [Arch. Phys. ADULT PINCH AND GRIP STRENGTH, Mathiowetz et al. [Arch. Phys.
Med. Rehabil. Vol. 66, Feb 85] Med. Rehabil. Vol. 66, Feb 85]
Table 1: Average Performance of All Subjects on Grip Strength Table 1: Average Performance of All Subjects on Grip Strength
(pounds) (kilograms)
Men Women Men Women
Age Hand Mean SD SE Low High Mean SD SE Low High Age Hand Mean SD SE Low High Mean SD SE Low High
20-24 R 121.0 20.6 3.8 91 167 70.4 14.5 2.8 46 95 20-24 R 54.9 9.3 1.7 41.3 75.7 31.9 6.6 1.3 20.9 43.1
L 104.5 21.8 4.0 71 150 61.0 13.1 2.6 33 88 L 47.4 9.9 1.8 32.2 68.0 27.7 5.9 1.2 15.0 39.9
25-29 R 120.8 23.0 4.4 78 158 74.5 13.9 2.7 48 97 25-29 R 54.8 10.4 2.0 35.4 71.7 33.8 6.3 1.2 21.8 44.0
L 110.5 16.2 3.1 77 139 63.5 12.2 2.4 48 97 L 50.1 7.3 1.4 34.9 63.0 28.8 5.5 1.1 21.8 44.0
30-34 R 121.8 22.4 4.3 70 170 78.7 19.2 3.8 46 137 30-34 R 55.2 10.2 2.0 31.8 77.1 35.7 8.7 1.7 20.9 62.1
L 110.4 21.7 4.2 64 145 68.0 17.7 3.5 36 115 L 50.1 9.8 1.9 29.0 65.8 30.8 8.0 1.6 16.3 52.2
35-39 R 119.7 24.0 4.8 76 176 74.1 10.8 2.2 50 99 35-39 R 54.3 10.9 2.2 34.5 79.8 33.6 4.9 1.0 22.7 44.9
L 112.9 21.7 4.4 73 157 66.3 11.7 2.3 49 91 L 51.2 9.8 2.0 33.1 71.2 30.1 5.3 1.0 22.2 41.3
40-44 R 116.8 20.7 4.1 84 165 70.4 13.5 2.4 38 103 40-44 R 53.0 9.4 1.9 38.1 74.8 31.9 6.1 1.1 17.2 46.7
L 112.8 18.7 3.7 73 157 62.3 13.8 2.5 35 94 L 51.2 8.5 1.7 33.1 71.2 28.3 6.3 1.1 15.9 42.6
45-49 R 109.9 23.0 4.3 65 155 62.2 15.1 3.0 39 100 45-49 R 49.8 10.4 2.0 29.5 70.3 28.2 6.8 1.4 17.7 45.4
L 100.8 22.8 4.3 58 160 56.0 12.7 2.5 37 83 L 45.7 10.3 2.0 26.3 72.6 25.4 5.8 1.1 16.8 37.6
50-54 R 113.6 18.1 3.6 79 151 65.8 11.6 2.3 38 87 50-54 R 51.5 8.2 1.6 35.8 68.5 29.8 5.3 1.0 17.2 39.5
L 101.9 17.0 3.4 70 143 57.3 10.7 2.1 35 76 L 46.2 7.7 1.5 31.8 64.9 26.0 4.9 0.95 15.9 34.5
55-59 R 101.1 26.7 5.8 59 154 57.3 12.5 2.5 33 86 55-59 R 45.9 12.1 2.6 26.8 69.9 26.0 5.7 1.1 15.0 39.0
L 83.2 23.4 5.1 43 128 47.3 11.9 2.4 31 76 L 37.7 10.6 2.3 19.5 58.1 21.5 5.4 1.1 14.1 34.5
60-64 R 89.7 20.4 4.2 51 137 55.1 10.1 2.0 37 77 60-64 R 40.7 9.3 1.9 23.1 62.1 25.0 4.6 0.91 16.8 34.9
L 76.8 20.3 4.1 27 116 45.7 10.1 2.0 29 66 L 34.8 9.2 1.9 12.2 52.6 20.7 4.6 0.91 13.2 29.9
65-69 R 91.1 20.6 4.0 56 131 49.6 9.7 1.8 35 74 65-69 R 41.3 9.3 1.8 25.4 59.4 22.5 4.4 0.82 15.9 33.6
L 76.8 19.8 3.8 43 117 41.0 8.2 1.5 29 63 L 34.8 9.0 1.7 19.5 53.1 18.6 3.7 0.68 13.2 28.6
70-74 R 75.3 21.5 4.2 32 108 49.6 11.7 2.2 33 78 70-74 R 34.2 9.8 1.9 14.5 49.0 22.5 5.3 1.0 15.0 35.4
L 64.8 18.1 3.7 32 93 41.5 10.2 1.9 23 67 L 29.4 8.2 1.7 14.5 42.2 18.8 4.6 0.86 10.4 30.4
75+ R 65.7 21.0 4.2 40 135 42.6 11.0 2.2 25 65 75+ R 29.8 9.5 1.9 18.1 61.2 19.3 5.0 1.0 11.3 29.5
L 55.0 17.0 3.4 31 119 37.6 8.9 1.7 24 61 L 24.9 7.7 1.5 14.1 54.0 17.1 4.0 0.77 10.9 27.7
All R 104.3 28.3 1.6 32 176 62.8 17.0 0.96 25 137 All R 47.3 12.8 0.73 14.5 79.8 28.5 7.7 0.44 11.3 62.1
subjects L 93.1 27.6 1.6 27 160 53.9 15.7 0.88 23 115 subjects L 42.2 12.5 0.73 12.2 72.6 24.4 7.1 0.40 10.4 52.2

A3-104
APPENDIX A
ADULT PINCH AND GRIP STRENGTH, Mathiowetz et al. [Arch. Phys. ADULT PINCH AND GRIP STRENGTH, Mathiowetz et al. [Arch. Phys.
Med. Rehabil. Vol. 66, Feb 85] Med. Rehabil. Vol. 66, Feb 85]
Table 2: Average Performance of All Subjects on Key Pinch Table 2: Average Performance of All Subjects on Key Pinch
(pounds) (kilograms)
Men Women Men Women
Age Hand Mean SD SE Low High Mean SD SE Low High Age Hand Mean SD SE Low High Mean SD SE Low High
20-24 R 26.0 3.5 0.65 21 34 17.6 2.0 0.39 14 23 20-24 R 11.8 1.6 0.29 9.5 15.4 8.0 0.91 0.18 6.4 10.4
L 24.8 3.4 0.64 19 31 16.2 2.1 0.41 13 23 L 11.2 1.5 0.29 8.6 14.1 7.3 1.0 0.19 5.9 10.4
25-29 R 26.7 4.9 0.94 19 41 17.7 2.1 0.41 14 22 25-29 R 12.1 2.2 0.43 8.6 18.6 8.0 1.0 0.19 6.4 10.0
L 25.0 4.4 0.85 19 39 16.6 2.1 0.41 13 22 L 11.3 2.0 0.39 8.6 17.7 7.5 1.0 0.19 5.9 10.0
30-34 R 26.4 4.8 0.93 20 36 18.7 3.0 0.60 13 25 30-34 R 12.0 2.2 0.42 9.1 16.3 8.5 1.4 0.27 5.9 11.3
L 26.2 5.1 0.98 17 36 17.8 3.6 0.70 12 26 L 11.9 2.3 0.44 7.7 16.3 8.1 1.6 0.32 5.4 11.8
35-39 R 26.1 3.2 0.65 21 32 16.6 2.0 0.40 12 21 35-39 R 11.8 1.5 0.29 9.5 14.5 7.5 0.9 0.18 5.4 9.5
L 25.6 3.9 0.77 18 32 16.0 2.7 0.53 12 22 L 11.6 1.8 0.35 8.2 14.5 7.3 1.2 0.24 5.4 10.0
40-44 R 25.6 2.6 0.50 21 31 16.7 3.1 0.56 10 24 40-44 R 11.6 1.2 0.23 9.5 14.1 7.6 1.4 0.25 4.5 10.9
L 25.1 4.0 0.79 19 31 15.8 3.1 0.55 8 22 L 11.4 1.8 0.36 8.6 14.1 7.2 1.4 0.25 3.6 10.0
45-49 R 25.8 3.9 0.73 19 35 17.6 3.2 0.65 13 24 45-49 R 11.7 1.8 0.33 8.6 15.9 8.0 1.5 0.29 5.9 10.9
L 24.8 4.4 0.84 18 42 16.6 2.9 0.58 12 24 L 11.2 2.0 0.38 8.2 19.1 7.5 1.3 0.26 5.4 10.9
50-54 R 26.7 4.4 0.88 20 34 16.7 2.5 0.50 12 22 50-54 R 12.1 2.0 0.40 9.1 15.4 7.6 1.1 0.23 5.4 10.0
L 26.1 4.2 0.84 20 37 16.1 2.7 0.53 12 22 L 11.8 1.9 0.38 9.1 16.8 7.3 1.2 0.24 5.4 10.0
55-59 R 24.2 4.2 0.92 18 34 15.7 2.5 0.50 11 21 55-59 R 11.0 1.9 0.42 8.2 15.4 7.1 1.1 0.23 5.0 9.5
L 23.0 4.7 1.02 13 31 14.7 2.2 0.44 12 19 L 10.4 2.1 0.46 5.9 14.1 6.7 1.0 0.20 5.4 8.6
60-64 R 23.2 5.4 1.13 14 37 15.5 2.7 0.55 10 20 60-64 R 10.5 2.4 0.51 6.4 16.8 7.0 1.2 0.25 4.5 9.1
L 22.2 4.1 0.84 16 33 14.1 2.5 0.50 10 19 L 10.1 1.9 0.38 7.3 15.0 6.4 1.1 0.23 4.5 8.6
65-69 R 23.4 3.9 0.75 17 32 15.0 2.6 0.49 10 21 65-69 R 10.6 1.8 0.34 7.7 14.5 6.8 1.2 0.22 4.5 9.5
L 22.0 3.6 0.70 17 28 14.3 2.8 0.53 10 20 L 10.0 1.6 0.32 7.7 12.7 6.5 1.3 0.24 4.5 9.1
70-74 R 19.3 2.4 0.47 16 25 14.5 2.9 0.54 8 22 70-74 R 8.8 1.1 0.21 7.3 11.3 6.6 1.3 0.24 3.6 10.0
L 19.2 3.0 0.59 13 28 13.8 3.0 0.56 9 22 L 8.7 1.4 0.27 5.9 12.7 6.3 1.4 0.25 4.1 10.0
75+ R 20.5 4.6 0.91 9 31 12.6 2.3 0.45 8 17 75+ R 9.3 2.1 0.41 4.1 14.1 5.7 1.0 0.20 3.6 7.7
L 19.1 3.0 0.59 13 24 11.4 2.6 0.50 7 16 L 8.7 1.4 0.27 5.9 10.9 5.2 1.2 0.23 3.2 7.3
All R 24.5 4.6 0.26 9 41 16.2 3.0 0.17 8 25 All R 11.1 2.1 0.12 4.1 18.6 7.3 1.4 0.08 3.6 11.3
subjects L 23.6 4.6 0.26 11 42 15.3 3.1 0.18 7 26 subjects L 10.7 2.1 0.12 5.0 19.1 6.9 1.4 0.08 3.2 11.8

A3-105
APPENDIX B
Pulmonary Function Table l

Predicted Normal Forced Vital Capacity (FVC) in Litres for Men (BTPS)*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 3.72 3.84 3.96 4.08 4.20 4.32 4.44 4.56 4.68 4.80 4.92 5.04 5.16 5.28 5.40 5.52 5.64 5.76 5.88 6.00 6.12 6.24 6.36 6.48 6.60
20 3.68 3.80 3.92 4.04 4.16 4.28 4.40 4.52 4.64 4.76 4.88 5.00 5.12 5.24 5.36 5.48 5.60 5.72 5.84 5.96 6.08 6.20 6.32 6.44 6.56
22 3.64 3.76 3.88 4.00 4.12 4.24 4.36 4.48 4.60 4.72 4.84 4.96 5.08 5.20 5.32 5.44 5.56 5.68 5.80 5.92 6.04 6.16 6.28 6.40 6.52
24 3.60 3.72 3.84 3.95 4.08 4.20 4.32 4.44 4.56 4.68 4.80 4.92 5.04 5.16 5.28 5.40 5.52 5.64 5.76 5.88 6.00 6.12 6.24 6.36 6.48
26 3.55 3.67 3.79 3.91 4.03 4.15 4.27 4.39 4.51 4.63 4.75 4.87 4.99 5.11 5.23 5.35 5.47 5.59 5.71 5.83 5.95 6.07 6.19 6.31 6.43
28 3.51 3.63 3.75 3.87 3.99 4.11 4.23 4.35 4.47 4.59 4.71 4.83 4.95 5.07 5.19 5.31 5.43 5.55 5.67 5.79 5.91 6.03 6.15 6.27 6.39
30 3.47 3.59 3.71 3.83 3.95 4.07 4.19 4.31 4.43 4.55 4.67 4.79 4.91 5.03 5.15 5.27 5.39 5.51 5.63 5.75 5.87 5.99 6.11 6.23 6.35
32 3.43 3.55 3.67 3.79 3.91 4.03 4.15 4.27 4.39 4.51 4.63 4.75 4.87 4.99 5.11 5.23 5.35 5.47 5.59 5.71 5.83 5.95 6.07 6.19 6.31
34 3.38 3.50 3.62 3.74 3.86 3.98 4.10 4.22 4.34 4.46 4.58 4.70 4.82 4.94 5.06 5.18 5.30 5.42 5.54 5.66 5.78 5.90 6.02 6.14 6.26
36 3.34 3.46 3.58 3.70 3.82 3.94 4.06 4.18 4.30 4.42 4.54 4.66 4.78 4.90 5.02 5.14 5.26 5.38 5.50 5.62 5.74 5.86 5.98 6.10 6.22
38 3.30 3.42 3.54 3.66 3.78 3.90 4.02 4.14 4.26 4.38 4.50 4.62 4.74 4.86 4.98 5.10 5.22 5.34 5.46 5.58 5.70 5.82 5.94 6.06 6.18
40 3.25 3.37 3.49 3.61 3.73 3.85 3.97 4.09 4.21 4.33 4.45 4.57 4.69 4.81 4.93 5.05 5.17 5.29 5.41 5.53 5.65 5.77 5.89 6.01 6.13
42 3.21 3.33 3.45 3.57 3.69 3.81 3.93 4.05 4.17 4.29 4.41 4.53 4.65 4.77 4.89 5.01 5.13 5.25 5.37 5.49 5.61 5.73 5.85 5.97 6.09
44 3.17 3.29 3.41 3.53 3.65 3.77 3.89 4.01 4.13 4.25 4.37 4.49 4.61 4.73 4.85 4.97 5.09 5.21 5.33 5.45 5.57 5.69 5.81 5.93 6.05
46 3.13 3.25 3.37 3.49 3.61 3.73 3.85 3.97 4.09 4.21 4.33 4.45 4.57 4.69 4.81 4.93 5.05 5.17 5.29 5.41 5.53 5.65 5.77 5.89 6.01
48 3.08 3.20 3.32 3.44 3.56 3.68 3.80 3.92 4.04 4.16 4.28 4.40 4.52 4.64 4.76 4.88 5.00 5.12 5.24 5.36 5.48 5.60 5.72 5.84 5.96
50 3.04 3.16 3.28 3.40 3.52 3.64 3.76 3.88 4.00 4.12 4.24 4.36 4.48 4.60 4.72 4.84 4.96 5.08 5.20 5.32 5.44 5.56 5.68 5.80 5.92
52 3.00 3.12 3.24 3.36 3.48 3.60 3.72 3.84 3.96 4.08 4.20 4.32 4.44 4.56 4.68 4.80 4.92 5.04 5.16 5.28 5.40 5.52 5.64 5.76 5.88
54 2.95 3.07 3.19 3.31 3.43 3.55 3.67 3.79 3.91 4.03 4.15 4.27 4.39 4.51 4.63 4.75 4.87 4.99 5.11 5.23 5.35 5.47 5.59 5.71 5.83
56 2.91 3.03 3.15 3.27 3.39 3.51 3.63 3.75 3.87 3.99 4.11 4.23 4.35 4.47 4.59 4.71 4.83 4.95 5.07 5.19 5.31 5.43 5.55 5.67 5.79
58 2.87 2.99 3.11 3.23 3.35 3.47 3.59 3.71 3.83 3.95 4.07 4.19 4.31 4.43 4.55 4.67 4.79 4.91 5.03 5.15 5.27 5.39 5.51 5.63 5.75
60 2.83 2.95 3.07 3.19 3.31 3.43 3.55 3.67 3.79 3.91 4.03 4.15 4.27 4.39 4.51 4.63 4.75 4.87 4.99 5.11 5.23 5.35 5.47 5.59 5.71
62 2.78 2.90 3.02 3.14 3.26 3.38 3.50 3.62 3.74 3.86 3.98 4.10 4.22 3.34 4.46 4.58 4.70 4.82 4.94 5.06 5.18 5.30 5.42 5.54 5.66
64 2.74 2.86 2.98 3.10 3.22 3.34 3.46 3.58 3.70 3.82 3.94 4.06 4.18 4.30 4.42 4.54 4.66 4.78 4.90 5.02 5.14 5.26 5.38 5.50 5.62
66 2.70 2.82 2.94 3.06 3.18 3.30 3.42 3.54 3.66 3.78 3.90 4.02 4.14 4.26 4.38 4.50 4.62 4.74 4.86 4.98 5.10 5.22 5.34 5.46 5.58
68 2.65 2.77 2.89 3.01 3.13 3.25 3.37 3.49 3.61 3.73 3.85 3.97 4.09 4.21 4.33 4.45 4.57 4.69 4.81 4.93 5.05 5.17 5.29 5.41 5.53
70 2.61 2.73 2.85 2.97 3.09 3.21 3.33 3.45 3.57 3.69 3.81 3.93 4.05 4.17 4.29 4.41 4.53 4.65 4.77 4.89 5.01 5.13 5.25 5.37 5.49
72 2.57 2.69 2.81 2.93 3.05 3.17 3.29 3.41 3.53 3.65 3.77 3.89 4.01 4.13 4.25 4.37 4.49 4.61 4.73 4.85 4.97 5.09 5.21 5.33 5.45
74 2.53 2.65 2.77 2.89 3.01 3.13 3.25 3.37 3.49 3.61 3.73 3.85 3.97 4.09 4.21 4.33 4.45 4.57 4.69 4.81 4.93 5.05 5.17 5.29 5.41
*FVC in litres = 0.0600 H – 0.0214 A – 4.650. R2 = 0.54; SEE = 0.644; 95% confidence level = 1.115. Definitions of abbreviations: R2 = coefficient of determination; SEE = standard
error of estimate; H = height in cm; A = age in years. BTPS = body temperature, ambient pressure, and saturated with water vapour at these conditions. Adapted from Crapo et al.2

A3-106
APPENDIX B
Pulmonary Function Table ll

Predicted Lower Limit of Normal Forced Vital Capacity (FVC) for Men*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 2.605 2.725 2.845 2.965 3.085 3.205 3.325 3.445 3.565 3.685 3.805 3.925 4.045 4.165 4.285 4.405 4.525 4.645 4.765 4.885 5.005 5.125 5.245 5.365 5.485
20 2.565 2.685 2.805 2.925 3.045 3.165 3.285 3.405 3.525 3.645 3.765 3.885 4.005 4.125 4.245 4.365 4.485 4.605 4.725 4.845 4.965 5.085 5.205 5.325 5.445
22 2.525 2.645 2.765 2.885 3.005 3.125 3.245 3.365 3.485 3.605 3.725 3.845 3.965 4.085 4.205 4.325 4.445 4.565 4.685 4.805 4.925 5.045 5.165 5.285 5.405
24 2.485 2.605 2.725 2.835 2.965 3.085 3.205 3.325 3.445 3.565 3.685 3.805 3.925 4.045 4.165 4.285 4.405 4.525 4.645 4.765 4.885 5.005 5.125 5.245 5.365
26 2.435 2.555 2.675 2.795 2.915 3.035 3.155 3.275 3.395 3.515 3.635 3.755 3.875 3.995 4.115 4.235 4.355 4.475 4.595 4.715 4.835 4.955 5.075 5.195 5.315
28 2.395 2.515 2.635 2.755 2.875 2.995 3.115 3.235 3.355 3.475 3.595 3.715 3.835 3.955 4.075 4.195 4.315 4.435 4.555 4.675 4.795 4.915 5.035 5.155 5.275
30 2.355 2.475 2.595 2.715 2.835 2.955 3.075 3.195 3.315 3.435 3.555 3.675 3.795 3.915 4.035 4.155 4.275 4.395 4.515 4.635 4.755 4.875 4.995 5.115 5.235
32 2.315 2.435 2.555 2.675 2.795 2.915 3.035 3.155 3.275 3.395 3.515 3.635 3.755 3.875 3.995 4.115 4.235 4.355 4.475 4.595 4.715 4.835 4.955 5.075 5.195
34 2.265 2.385 2.505 2.625 2.745 2.865 2.985 3.105 3.225 3.345 3.465 3.585 3.705 3.825 3.945 4.065 4.185 4.305 4.425 4.545 4.665 4.785 4.905 5.025 5.145
36 2.225 2.345 2.465 2.585 2.705 2.825 2.945 3.065 3.185 3.305 3.425 3.545 3.665 3.785 3.905 4.025 4.145 4.265 4.385 4.505 4.625 4.745 4.865 4.985 5.105
38 2.185 2.305 2.425 2.545 2.665 2.785 2.905 3.025 3.145 3.265 3.385 3.505 3.625 3.745 3.865 3.985 4.105 4.225 4.345 4.465 4.585 4.705 4.825 4.945 5.065
40 2.135 2.255 2.375 2.495 2.615 2.735 2.855 2.975 3.095 3.215 3.335 3.455 3.575 3.695 3.815 3.935 4.055 4.175 4.295 4.415 4.535 4.655 4.775 4.895 5.015
42 2.095 2.215 2.335 2.455 2.575 2.695 2.815 2.935 3.055 3.175 3.295 3.415 3.535 3.655 3.775 3.895 4.015 4.135 4.255 4.375 4.495 4.615 4.735 4.855 4.975
44 2.055 2.175 2.295 2.415 2.535 2.655 2.775 2.895 3.015 3.135 3.255 3.375 3.495 3.615 3.735 3.855 3.975 4.095 4.215 4.335 4.455 4.575 4.695 4.815 4.935
46 2.015 2.135 2.255 2.375 2.495 2.615 2.735 2.855 2.975 3.095 3.215 3.335 3.455 3.575 3.695 3.815 3.935 4.055 4.175 4.295 4.415 4.535 4.655 4.775 4.895
48 1.965 2.085 2.205 2.325 2.445 2.565 2.685 2.805 2.925 3.045 3.165 3.285 3.405 3.525 3.645 3.765 3.885 4.005 4.125 4.245 4.365 4.485 4.605 4.725 4.845
50 1.925 2.045 2.165 2.285 2.405 2.525 2.645 2.765 2.885 3.005 3.125 3.245 3.365 3.485 3.605 3.725 3.845 3.965 4.085 4.205 4.325 4.445 4.565 4.685 4.805
52 1.885 2.005 2.125 2.245 2.365 2.485 2.605 2.725 2.845 2.965 3.085 3.205 3.325 3.445 3.565 3.685 3.805 3.925 4.045 4.165 4.285 4.405 4.525 4.645 4.765
54 1.835 1.955 2.075 2.195 2.315 2.435 2.555 2.675 2.795 2.915 3.035 3.155 3.275 3.395 3.515 3.635 3.755 3.875 3.995 4.115 4.235 4.355 4.475 4.595 4.715
56 1.795 1.915 2.035 2.155 2.275 2.395 2.515 2.635 2.755 2.875 2.995 3.115 3.235 3.355 3.475 3.595 3.715 3.835 3.955 4.075 4.195 4.315 4.435 4.555 4.675
58 1.755 1.875 1.995 2.115 2.235 2.355 2.475 2.595 2.715 2.835 2.955 3.075 3.195 3.315 3.435 3.555 3.675 3.795 3.915 4.035 4.155 4.275 4.395 4.515 4.635
60 1.715 1.835 1.955 2.075 2.195 2.315 2.435 2.555 2.675 2.795 2.915 3.035 3.155 3.275 3.395 3.515 3.635 3.755 3.875 3.995 4.115 4.235 4.355 4.475 4.595
62 1.665 1.785 1.905 2.025 2.145 2.265 2.385 2.505 2.625 2.745 2.865 2.985 3.105 3.225 3.345 3.465 3.585 3.705 3.825 3.945 4.065 4.185 4.305 4.425 4.545
64 1.625 1.745 1.865 1.985 2.105 2.225 2.345 2.465 2.585 2.705 2.825 2.945 3.065 3.185 3.305 3.425 3.545 3.665 3.785 3.905 4.025 4.145 4.265 4.385 4.505
66 1.585 1.705 1.825 1.945 2.065 2.185 2.305 2.425 2.545 2.665 2.785 2.905 3.025 3.145 3.265 3.385 3.505 3.625 3.745 3.865 3.985 4.105 4.225 4.345 4.465
68 1.535 1.655 1.775 1.895 2.015 2.135 2.255 2.375 2.495 2.615 2.735 2.855 2.975 3.095 3.215 3.335 3.455 3.575 3.695 3.815 3.935 4.055 4.175 4.295 4.415
70 1.495 1.615 1.735 1.855 1.975 2.095 2.215 2.335 2.455 2.575 2.695 2.815 2.935 3.055 3.175 3.295 3.415 3.535 3.655 3.775 3.895 4.015 4.135 4.255 4.375
72 1.455 1.575 1.695 1.815 1.935 2.055 2.175 2.295 2.415 2.535 2.655 2.775 2.895 3.015 3.135 3.255 3.375 3.495 3.615 3.735 3.855 3.975 4.095 4.215 4.335
74 1.415 1.535 1.655 1.775 1.895 2.015 2.135 2.255 2.375 2.495 2.615 2.735 2.855 2.975 3.095 3.215 3.335 3.455 3.575 3.695 3.815 3.935 4.055 4.175 3.180
*FVC values are given in litres. The values listed here reflect the FVC as listed in Table 5-2a minus 1.115 L (95% confidence interval). Adapted from Crapo et al.2

A3-107
APPENDIX B
Pulmonary Function Table lll

Predicted Normal Forced Vital Capacity (FVC) in Litres for Women (BTPS)*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 3.19 3.29 3.39 3.48 3.58 3.68 3.78 3.88 3.98 4.07 4.17 4.27 4.37 4.47 4.56 4.66 4.76 4.86 4.96 5.06 5.15 5.25 5.35 5.45 5.55
20 3.15 3.24 3.34 3.44 3.54 3.64 3.74 3.83 3.93 4.03 4.13 4.23 4.32 4.42 4.52 4.62 4.72 4.82 4.91 5.01 5.11 5.21 5.31 5.41 5.50
22 3.10 3.20 3.30 3.40 3.50 3.59 3.69 3.79 3.89 3.99 4.09 4.18 4.28 4.38 4.48 4.58 4.67 4.77 4.87 4.97 5.07 5.17 5.26 5.36 5.46
24 3.06 3.16 3.26 3.35 3.45 3.55 3.65 3.75 3.85 3.94 4.04 4.14 4.24 4.34 4.43 4.53 4.63 4.73 4.83 4.93 5.02 5.12 5.22 5.32 5.42
26 3.02 3.12 3.21 3.31 3.41 3.51 3.61 3.70 3.80 3.90 4.00 4.10 4.20 4.29 4.39 4.49 4.59 4.69 4.78 4.88 4.98 5.08 5.18 5.28 5.37
28 2.97 3.07 3.17 3.27 3.37 3.46 3.56 3.66 3.76 3.86 3.96 4.05 4.15 4.25 4.35 4.45 4.54 4.64 4.74 4.84 4.94 5.04 5.13 5.23 5.33
30 2.93 3.03 3.13 3.23 3.32 3.42 3.52 3.62 3.72 3.81 3.91 4.01 4.11 4.21 4.31 4.40 4.50 4.60 4.70 4.80 4.89 4.99 5.09 5.19 5.29
32 2.89 2.99 3.08 3.18 3.28 3.38 3.48 3.57 3.67 3.77 3.87 3.97 4.07 4.16 4.26 4.36 4.46 4.56 4.65 4.75 4.85 4.95 5.05 5.15 5.24
34 2.84 2.94 3.04 3.14 3.24 3.34 3.43 3.53 3.63 3.73 3.83 3.92 4.02 4.12 4.22 4.32 4.42 4.51 4.61 4.71 4.81 4.91 5.00 5.10 5.20
36 2.80 2.90 3.00 3.10 3.19 3.29 3.39 3.49 3.59 3.68 3.78 3.88 3.98 4.08 4.18 4.27 4.37 4.47 4.57 4.67 4.76 4.86 4.96 5.06 5.16
38 2.76 2.86 2.95 3.05 3.15 3.25 3.35 3.45 3.54 3.64 3.74 3.84 3.94 4.03 4.13 4.23 4.33 4.43 4.53 4.62 4.72 4.82 4.92 5.02 5.11
40 2.71 2.81 2.91 3.01 3.11 3.21 3.30 3.40 3.50 3.60 3.70 3.79 3.89 3.99 4.09 4.19 4.29 4.38 4.48 4.58 4.68 4.78 4.87 4.97 5.07
42 2.67 2.77 2.87 2.97 3.06 3.16 3.26 3.36 3.46 3.56 3.65 3.75 3.85 3.95 4.05 4.14 4.24 4.34 4.44 4.54 4.64 4.73 4.83 4.93 5.03
44 2.63 2.73 2.82 2.92 3.02 3.12 3.22 3.32 3.41 3.51 3.61 3.71 3.81 3.90 4.00 4.10 4.20 4.30 4.40 4.49 4.59 4.69 4.79 4.89 4.98
46 2.58 2.68 2.78 2.88 2.98 3.08 3.17 3.27 3.37 3.47 3.57 3.67 3.76 3.86 3.96 4.06 4.16 4.25 4.35 4.45 4.55 4.65 4.75 4.84 4.94
48 2.54 2.64 2.74 2.84 2.93 3.03 3.13 3.23 3.33 3.43 3.52 3.62 3.72 3.82 3.92 4.01 4.11 4.21 4.31 4.41 4.51 4.60 4.70 4.80 4.90
50 2.50 2.60 2.69 2.79 2.89 2.99 3.09 3.19 3.28 3.38 3.48 3.58 3.68 3.78 3.87 3.97 4.07 4.17 4.27 4.36 4.46 4.56 4.66 4.76 4.86
52 2.46 2.55 2.65 2.75 2.85 2.95 3.04 3.14 3.24 3.34 3.44 3.54 3.63 3.73 3.83 3.93 4.03 4.12 4.22 4.32 4.42 4.52 4.62 4.71 4.81
54 2.41 2.51 2.61 2.71 2.80 2.90 3.00 3.10 3.20 3.30 3.39 3.49 3.59 3.69 3.79 3.89 3.98 4.08 4.18 4.28 4.38 4.47 4.57 4.67 4.77
56 2.37 2.47 2.57 2.66 2.76 2.86 2.96 3.06 3.15 3.25 3.35 3.45 3.55 3.65 3.74 3.84 3.94 4.04 4.14 4.23 4.33 4.43 4.53 4.63 4.73
58 2.33 2.42 2.52 2.62 2.72 2.82 2.91 3.01 3.11 3.21 3.31 3.41 3.50 3.60 3.70 3.80 3.90 4.00 4.09 4.19 4.29 4.39 4.49 4.58 4.68
60 2.28 2.38 2.48 2.58 2.68 2.77 2.87 2.97 3.07 3.17 3.26 3.36 3.46 3.56 3.66 2.76 3.85 3.95 4.05 4.15 4.25 4.34 4.44 4.54 4.64
62 2.24 2.34 2.44 2.53 2.63 2.73 2.83 2.93 3.02 3.12 3.22 3.32 3.42 3.52 3.61 3.71 3.81 3.91 4.01 4.11 4.20 4.30 4.40 4.50 4.60
64 2.20 2.29 2.39 2.49 2.59 2.69 2.79 2.88 2.98 3.08 3.18 3.28 3.37 3.47 3.57 3.67 3.77 3.87 3.96 4.06 4.16 4.26 4.36 4.45 4.55
66 2.15 2.25 2.35 2.45 2.55 2.64 2.74 2.84 2.94 3.04 3.14 3.23 3.33 3.43 3.53 3.63 3.72 3.82 3.92 4.02 4.12 4.22 4.31 4.41 4.51
68 2.11 2.21 2.31 2.40 2.50 2.60 2.70 2.80 2.90 2.99 3.09 3.19 3.29 3.39 3.48 3.58 3.68 3.78 3.88 3.98 4.07 4.17 4.27 4.37 4.47
70 2.07 2.16 2.26 2.36 2.46 2.56 2.66 2.75 2.85 2.95 3.05 3.15 3.24 3.34 3.44 3.54 3.64 3.74 3.83 3.93 4.03 4.13 4.23 4.33 4.42
72 2.02 2.12 2.22 2.32 2.42 2.51 2.61 2.71 2.81 2.91 3.01 3.10 3.20 3.30 3.40 3.50 3.59 3.69 3.79 3.89 3.99 4.09 4.18 4.28 4.38
74 1.98 2.08 2.18 2.27 2.37 2.47 2.57 2.67 2.77 2.86 2.96 3.06 3.16 3.26 3.36 3.45 3.55 3.65 3.75 3.85 3.94 4.04 4.14 4.24 4.34
*FVC in litres = 0.0491 H – 0.0216 A – 3.590. R2 = 0.74; SEE = 0.393; 95% confidence interval = 0.676. Definitions of abbreviations: R2 = coefficient of determination; SEE =
standard error of estimate; H = height in cm; A = age in years. BTPS = body temperature, ambient pressure, and saturated with water vapour at these conditions. Adapted from
Crapo et al.2

A3-108
APPENDIX B
Pulmonary Function Table lV

Predicted Lower Limit of Normal Forced Vital Capacity (FVC) for Women*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 2.514 2.614 2.714 2.804 2.904 3.004 3.104 3.204 3.304 3.394 3.494 3.594 3.694 3.794 3.884 3.984 4.084 4.184 4.284 4.384 4.474 4.574 4.674 4.774 4.874
20 2.474 2.564 2.664 2.764 2.864 2.964 3.064 3.154 3.254 3.354 3.454 3.554 3.644 3.744 3.844 3.944 4.044 4.144 4.234 4.334 4.434 4.534 4.634 4.734 4.824
22 2.424 2.524 2.624 2.724 2.824 2.914 3.014 3.114 3.214 3.314 3.414 3.504 3.604 3.704 3.804 3.904 3.994 4.094 4.194 4.294 4.394 4.494 4.584 4.684 4.784
24 2.384 2.484 2.584 2.674 2.774 2.874 2.974 3.074 3.174 3.264 3.364 3.464 3.564 3.664 3.754 3.854 3.954 4.054 4.154 4.254 4.344 4.444 4.544 4.644 4.744
26 2.344 2.444 2.534 2.634 2.734 2.834 2.934 3.024 3.124 3.224 3.324 3.424 3.524 3.614 3.714 3.814 3.914 4.014 4.104 4.204 4.304 4.404 4.504 4.604 4.694
28 2.294 2.394 2.494 2.594 2.694 2.784 2.884 2.984 3.084 3.184 3.284 3.374 3.474 3.574 3.674 3.774 3.864 3.964 4.064 4.164 4.264 4.364 4.454 4.554 4.654
30 2.254 2.354 2.454 2.554 2.644 2.744 2.844 2.944 3.044 3.134 3.234 3.334 3.434 3.534 3.634 3.724 3.824 3.924 4.024 4.124 4.214 4.314 4.414 4.514 4.614
32 2.214 2.314 2.404 2.504 2.604 2.704 2.804 2.894 2.994 3.094 3.194 3.294 3.394 3.484 3.584 3.684 3.784 3.884 3.974 4.074 4.174 4.274 4.374 4.474 4.564
34 2.164 2.264 2.364 2.464 2.564 2.664 2.754 2.854 2.954 3.054 3.154 3.244 3.344 3.444 3.544 3.644 3.744 3.834 3.934 4.034 4.134 4.234 4.324 4.424 4.524
36 2.124 2.224 2.324 2.424 2.514 2.614 2.714 2.814 2.914 3.004 3.104 3.204 3.304 3.404 3.504 3.594 3.694 3.794 3.894 3.994 4.084 4.184 4.284 4.384 4.484
38 2.084 2.184 2.274 2.374 2.474 2.574 2.674 2.774 2.864 2.964 3.064 3.164 3.264 3.354 3.454 3.554 3.654 3.754 3.854 3.944 4.044 4.144 4.244 4.344 4.434
40 2.034 2.134 2.234 2.334 2.434 2.534 2.624 2.724 2.824 2.924 3.024 3.114 3.214 3.314 3.414 3.514 3.614 3.704 3.804 3.904 4.004 4.104 4.194 4.294 4.394
42 1.994 2.094 2.194 2.294 2.384 2.484 2.584 2.684 2.784 2.884 2.974 3.074 3.174 3.274 3.374 3.464 3.564 3.664 3.764 3.864 3.964 4.054 4.154 4.254 4.354
44 1.954 2.054 2.144 2.244 2.344 2.444 2.544 2.644 2.734 2.834 2.934 3.034 3.134 3.224 3.324 3.424 3.524 3.624 3.724 3.814 3.914 4.014 4.114 4.214 4.304
46 1.904 2.004 2.104 2.204 2.304 2.404 2.494 2.594 2.694 2.794 2.894 2.994 3.084 3.184 3.284 3.384 3.484 3.574 3.674 3.774 3.874 3.974 4.074 4.164 4.264
48 1.864 1.964 2.064 2.164 2.254 2.354 2.454 2.554 2.654 2.754 2.844 2.944 3.044 3.144 3.244 3.334 3.434 3.534 3.634 3.734 3.834 3.924 4.024 4.124 4.224
50 1.824 1.924 2.014 2.114 2.214 2.314 2.414 2.514 2.604 2.704 2.804 2.904 3.004 3.104 3.194 3.294 3.394 3.494 3.594 3.684 3.784 3.884 3.984 4.084 4.184
52 1.784 1.874 1.974 2.074 2.174 2.274 2.364 2.464 2.564 2.664 2.764 2.864 2.954 3.054 3.154 3.254 3.354 3.444 3.544 3.644 3.744 3.844 3.944 4.034 4.134
54 1.734 1.834 1.934 2.034 2.124 2.224 2.324 2.424 2.524 2.624 2.714 2.814 2.914 3.014 3.114 3.214 3.304 3.404 3.504 3.604 3.704 3.794 3.894 3.994 4.094
56 1.694 1.794 1.894 1.984 2.084 2.184 2.284 2.384 2.474 2.574 2.674 2.774 2.874 2.974 3.064 3.164 3.264 3.364 3.464 3.554 3.654 3.754 3.854 3.954 4.054
58 1.654 1.744 1.844 1.944 2.044 2.144 2.234 2.334 2.434 2.534 2.634 2.734 2.824 2.924 3.024 3.124 3.224 3.324 3.414 3.514 3.614 3.714 3.814 3.904 4.004
60 1.604 1.704 1.804 1.904 2.004 2.094 2.194 2.294 2.394 2.494 2.584 2.684 2.784 2.884 2.984 2.084 3.174 3.274 3.374 3.474 3.574 3.664 3.764 3.864 3.964
62 1.564 1.664 1.764 1.854 1.954 2.054 2.154 2.254 2.344 2.444 2.544 2.644 2.744 2.844 2.934 3.034 3.134 3.234 3.334 3.434 3.524 3.624 3.724 3.824 3.924
64 1.524 1.614 1.714 1.814 1.914 2.014 2.114 2.204 2.304 2.404 2.504 2.604 2.694 2.794 2.894 2.994 3.094 3.194 3.284 3.384 3.484 3.584 3.684 3.774 3.874
66 1.474 1.574 1.674 1.774 1.874 1.964 2.064 2.164 2.264 2.364 2.464 2.554 2.654 2.754 2.854 2.954 3.044 3.144 3.244 3.344 3.444 3.544 3.634 3.734 3.834
68 1.434 1.534 1.634 1.724 1.824 1.924 2.024 2.124 2.224 2.314 2.414 2.514 2.614 2.714 2.804 2.904 3.004 3.104 3.204 3.304 3.394 3.494 3.594 3.694 3.794
70 1.394 1.484 1.584 1.684 1.784 1.884 1.984 2.074 2.174 2.274 2.374 2.474 2.564 2.664 2.764 2.864 2.964 3.064 3.154 3.254 3.354 3.454 3.554 3.654 3.744
72 1.344 1.444 1.544 1.644 1.744 1.834 1.934 2.034 2.134 2.234 2.334 2.424 2.524 2.624 2.724 2.824 2.914 3.014 3.114 3.214 3.314 3.414 3.504 3.604 3.704
74 1.304 1.404 1.504 1.594 1.694 1.794 1.894 1.994 2.094 2.184 2.284 2.384 2.484 2.584 2.684 2.774 2.874 2.974 3.074 3.174 3.264 3.364 3.464 3.564 3.664
*FVC values are given in litres. The values listed here reflect the FVC as listed in Table 5-3a minus 0.676 L (95% confidence interval). Adapted from Crapo et al.2

A3-109
APPENDIX B
Pulmonary Function Table V

Predicted Normal Forced Expiratory Volume in the First Second (FEV1) in Litres for Men*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 3.42 3.50 3.58 3.66 3.75 3.83 3.91 3.99 4.08 4.16 4.24 4.33 4.41 4.49 4.57 4.66 4.74 4.82 4.91 4.99 5.07 5.15 5.24 5.32 5.40
20 3.37 3.45 3.53 3.61 3.70 3.78 3.86 3.95 4.03 4.11 4.19 4.28 4.36 4.44 4.53 4.61 4.69 4.77 4.86 4.94 5.02 5.11 5.19 5.27 5.35
22 3.32 3.40 3.48 3.57 3.65 3.73 3.81 3.90 3.98 4.06 4.15 4.23 4.31 4.39 4.48 4.56 4.64 4.73 4.81 4.89 4.97 5.05 5.14 5.22 5.30
24 3.27 3.35 3.43 3.52 3.60 3.68 3.77 3.85 3.93 4.01 4.10 4.18 4.26 4.35 4.43 4.51 4.59 4.68 4.76 4.84 4.92 5.01 5.09 5.17 5.26
26 3.22 3.30 3.39 3.47 3.55 3.63 3.72 3.80 3.88 3.97 4.05 4.13 4.21 4.30 4.38 4.46 4.54 4.63 4.71 4.79 4.88 4.90 5.04 5.12 5.21
28 3.17 3.25 3.34 3.42 3.50 3.59 3.67 3.75 3.83 3.92 4.00 4.08 4.16 4.25 4.33 4.41 4.50 4.58 4.66 4.74 4.83 4.91 4.99 5.08 5.16
30 3.12 3.21 3.29 3.37 3.45 3.54 3.62 3.70 3.78 3.87 3.95 4.03 4.12 4.20 4.28 4.36 4.45 4.53 4.61 4.70 4.78 4.86 4.94 5.03 5.11
32 3.07 3.16 3.24 3.32 3.40 3.49 3.57 3.65 3.74 3.82 3.90 3.98 4.07 4.15 4.23 4.32 4.40 4.48 4.56 4.65 4.73 4.81 4.90 4.98 5.06
34 3.02 3.11 3.19 3.27 3.36 3.44 3.52 3.60 3.69 3.77 3.85 3.94 4.02 4.10 4.18 4.27 4.35 4.43 4.52 4.60 4.68 4.76 4.85 4.93 5.01
36 2.98 3.06 3.14 3.22 3.31 3.39 3.47 3.56 3.64 3.72 3.80 3.89 3.97 4.05 4.14 4.22 4.30 4.38 4.47 4.55 4.63 4.71 4.80 4.88 4.96
38 2.93 3.01 3.09 3.18 3.26 3.34 3.42 3.51 3.59 3.67 3.76 3.84 3.92 4.00 4.09 4.17 4.25 4.33 4.42 4.50 4.58 4.67 4.75 4.83 4.91
40 2.88 2.96 3.04 3.13 3.21 3.29 3.38 3.46 3.54 3.62 3.71 3.79 3.87 3.95 4.04 4.12 4.20 4.29 4.37 4.45 4.53 4.62 4.70 4.78 4.87
42 2.83 2.91 3.00 3.08 3.16 3.24 3.33 3.41 3.49 3.57 3.66 3.74 3.82 3.91 3.99 4.07 4.15 4.24 4.32 4.40 4.49 4.57 4.65 4.73 4.82
44 2.78 2.86 2.95 3.03 3.11 3.19 3.28 3.36 3.44 3.53 3.61 3.69 3.77 3.86 3.94 4.02 4.11 4.19 4.27 4.35 4.44 4.52 4.60 4.69 4.77
46 2.73 2.81 2.90 2.98 3.06 3.15 3.23 3.31 3.39 3.48 3.56 3.64 3.73 3.81 3.89 3.97 4.06 4.14 4.22 4.31 4.39 4.47 4.55 4.64 4.72
48 2.68 2.77 2.85 2.93 3.01 3.10 3.18 3.26 3.35 3.43 3.51 3.59 3.68 3.76 3.84 3.93 4.01 4.09 4.17 4.25 4.34 4.42 4.50 4.59 4.67
50 2.63 2.72 2.80 2.88 2.97 3.05 3.13 3.21 3.30 3.38 3.46 3.55 3.63 3.71 3.79 3.88 3.96 4.04 4.12 4.21 4.29 4.37 4.46 4.54 4.62
52 2.59 2.67 2.75 2.83 2.92 3.00 3.08 3.17 3.25 3.33 3.41 3.50 3.58 3.66 3.74 3.83 3.91 3.99 4.08 4.16 4.24 4.32 4.41 4.49 4.57
54 2.54 2.62 2.70 2.79 2.87 2.95 3.03 3.12 3.20 3.28 3.36 3.45 3.53 3.61 3.70 3.78 3.86 3.94 4.03 4.11 4.19 4.28 4.36 4.44 4.52
56 2.49 2.57 2.65 2.74 2.82 2.90 2.98 3.07 3.15 3.23 3.32 3.40 3.48 3.56 3.65 3.73 3.81 3.90 3.98 4.06 4.14 4.23 4.31 4.39 4.48
58 2.44 2.52 2.60 2.69 2.77 2.85 2.94 3.02 3.10 3.18 3.27 3.35 3.43 3.52 3.60 3.68 3.76 3.85 3.93 4.01 4.10 4.18 4.26 4.34 4.43
60 2.39 2.47 2.55 2.64 2.72 2.80 2.89 2.97 3.05 3.14 3.22 3.30 3.38 3.47 3.55 3.63 3.72 3.80 3.88 3.96 4.05 4.13 4.21 4.29 4.38
62 2.34 2.42 2.51 2.59 2.67 2.76 2.84 2.92 3.00 3.09 3.17 3.25 3.34 3.42 3.50 3.58 3.67 3.75 3.83 3.91 4.00 4.08 4.16 4.25 4.33
64 2.29 2.38 2.46 2.54 2.62 2.71 2.79 2.87 2.96 3.04 3.12 3.20 3.29 3.37 3.45 3.53 3.62 3.70 3.78 3.87 3.95 4.03 4.11 4.20 4.28
66 2.24 2.33 2.41 2.49 2.58 2.66 2.74 2.82 2.91 2.99 3.07 3.15 3.24 3.32 3.40 3.49 3.57 3.65 3.73 3.82 3.90 3.98 4.07 4.15 4.23
68 2.20 2.28 2.36 2.44 2.53 2.61 2.69 2.77 2.86 2.94 3.02 3.11 3.19 3.27 3.35 3.44 3.52 3.60 3.69 3.77 3.85 3.93 4.02 4.10 4.18
70 2.15 2.23 2.31 2.39 2.48 2.56 2.64 2.73 2.81 2.89 2.97 3.06 3.14 3.22 3.31 3.39 3.47 3.55 3.64 3.72 3.80 3.89 3.97 4.05 4.13
72 2.10 2.18 2.26 2.35 2.43 2.51 2.59 2.68 2.76 2.84 2.93 3.01 3.09 3.17 3.26 3.34 3.42 3.51 3.59 3.67 3.75 3.84 3.92 4.00 4.08
74 2.05 2.13 2.21 2.30 2.38 2.46 2.55 2.63 2.71 2.79 2.88 2.96 3.04 3.13 3.21 3.29 3.37 3.46 3.54 3.62 3.70 3.79 3.87 3.95 4.04
*FEV1 in litres = 0.0414 H – 0.0244 A – 2.190, R2 = 0.64; SEE = 0.486; 95% confidence interval = 0.842. Definitions of abbreviations: R2 = coefficient of determination; SEE =
Crapo et al.2

A3-110
APPENDIX B
Pulmonary Function Table VI

Predicted Lower Limit of Normal Forced Expiratory Volume in the First Second (FEV1) for Men*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 2.578 2.658 2.738 2.818 2.908 2.988 3.068 3.148 3.238 3.318 3.398 3.488 3.568 3.648 3.728 3.818 3.898 3.978 4.068 4.148 4.228 4.308 4.398 4.478 4.558
20 2.528 2.608 2.688 2.768 2.858 2.938 3.018 3.108 3.188 3.268 3.348 3.438 3.518 3.598 3.688 3.768 3.848 3.928 4.018 4.098 4.178 4.268 4.348 4.428 4.508
22 2.478 2.558 2.638 2.728 2.808 2.888 2.968 3.058 3.138 3.218 3.308 3.388 3.468 3.548 3.638 3.718 3.798 3.888 3.968 4.048 4.128 4.208 4.298 4.378 4.458
24 2.428 2.508 2.588 2.678 2.758 2.838 2.928 3.008 3.088 3.168 3.258 3.338 3.418 3.508 3.588 3.668 3.748 3.838 3.918 3.998 4.078 4.168 4.248 4.328 4.418
26 2.378 2.458 2.548 2.628 2.708 2.788 2.878 2.958 3.038 3.128 3.208 3.288 3.368 3.458 3.538 3.618 3.698 3.788 3.868 3.948 4.038 4.058 4.198 4.278 4.368
28 2.328 2.408 2.498 2.578 2.658 2.748 2.828 2.908 2.988 3.078 3.158 3.238 3.318 3.408 3.488 3.568 3.658 3.738 3.818 3.898 3.988 4.068 4.148 4.238 4.318
30 2.278 2.368 2.448 2.528 2.608 2.698 2.778 2.858 2.938 3.028 3.108 3.188 3.278 3.358 3.438 3.518 3.608 3.688 3.768 3.858 3.938 4.018 4.098 4.188 4.268
32 2.228 2.318 2.398 2.478 2.558 2.648 2.728 2.808 2.898 2.978 3.058 3.138 3.228 3.308 3.388 3.478 3.558 3.638 3.718 3.808 3.888 3.968 4.058 4.138 4.218
34 2.178 2.268 2.348 2.428 2.518 2.598 2.678 2.758 2.848 2.928 3.008 3.098 3.178 3.258 3.338 3.428 3.508 3.588 3.678 3.758 3.838 3.918 4.008 4.088 4.168
36 2.138 2.218 2.298 2.378 2.468 2.548 2.628 2.718 2.798 2.878 2.958 3.048 3.128 3.208 3.298 3.378 3.458 3.538 3.628 3.708 3.788 3.868 3.958 4.038 4.118
38 2.088 2.168 2.248 2.338 2.418 2.498 2.578 2.668 2.748 2.828 2.918 2.998 3.078 3.158 3.248 3.328 3.408 3.488 3.578 3.658 3.738 3.828 3.908 3.988 4.068
40 2.038 2.118 2.198 2.288 2.368 2.448 2.538 2.618 2.698 2.778 2.868 2.948 3.028 3.108 3.198 3.278 3.358 3.448 3.528 3.608 3.688 3.778 3.858 3.938 4.028
42 1.988 2.068 2.158 2.238 2.318 2.398 2.488 2.568 2.648 2.728 2.818 2.898 2.978 3.068 3.148 3.228 3.308 3.398 3.478 3.558 3.648 3.728 3.808 3.888 3.978
44 1.938 2.018 2.108 2.188 2.268 2.348 2.438 2.518 2.598 2.688 2.768 2.848 2.928 3.018 3.098 3.178 3.268 3.348 3.428 3.508 3.598 3.678 3.758 3.848 3.928
46 1.888 1.968 2.058 2.138 2.218 2.308 2.388 2.468 2.548 2.638 2.718 2.798 2.888 2.968 3.048 3.128 3.218 3.298 3.378 3.468 3.548 3.628 3.708 3.798 3.878
48 1.838 1.928 2.008 2.088 2.168 2.258 2.338 2.418 2.508 2.588 2.668 2.748 2.838 2.918 2.998 3.088 3.168 3.248 3.328 3.408 3.498 3.578 3.658 3.748 3.828
50 1.788 1.878 1.958 2.038 2.128 2.208 2.288 2.368 2.458 2.538 2.618 2.708 2.788 2.868 2.948 3.038 3.118 3.198 3.278 3.368 3.448 3.528 3.618 3.698 3.778
52 1.748 1.828 1.908 1.988 2.078 2.158 2.238 2.328 2.408 2.488 2.568 2.658 2.738 2.818 2.898 2.988 3.068 3.148 3.238 3.318 3.398 3.478 3.568 3.648 3.728
54 1.698 1.778 1.858 1.948 2.028 2.108 2.188 2.278 2.358 2.438 2.518 2.608 2.688 2.768 2.858 2.938 3.018 3.098 3.188 3.268 3.348 3.438 3.518 3.598 3.678
56 1.648 1.728 1.808 1.898 1.978 2.058 2.138 2.228 2.308 2.388 2.478 2.558 2.638 2.718 2.808 2.888 2.968 3.058 3.138 3.218 3.298 3.388 3.468 3.548 3.638
58 1.598 1.678 1.758 1.848 1.928 2.008 2.098 2.178 2.258 2.338 2.428 2.508 2.588 2.678 2.758 2.838 2.918 3.008 3.088 3.168 3.258 3.338 3.418 3.498 3.588
60 1.548 1.628 1.708 1.798 1.878 1.958 2.048 2.128 2.208 2.298 2.378 2.458 2.538 2.628 2.708 2.788 2.878 2.958 3.038 3.118 3.208 3.288 3.368 3.448 3.538
62 1.498 1.578 1.668 1.748 1.828 1.918 1.998 2.078 2.158 2.248 2.328 2.408 2.498 2.578 2.658 2.738 2.828 2.908 2.988 3.068 3.158 3.238 3.318 3.408 3.488
64 1.448 1.538 1.618 1.698 1.778 1.868 1.948 2.028 2.118 2.198 2.278 2.358 2.448 2.528 2.608 2.688 2.778 2.858 2.938 3.028 3.108 3.188 3.268 3.358 3.438
66 1.398 1.488 1.568 1.648 1.738 1.818 1.898 1.978 2.068 2.148 2.228 2.308 2.398 2.478 2.558 2.648 2.728 2.808 2.888 2.978 3.058 3.138 3.228 3.308 3.388
68 1.358 1.438 1.518 1.598 1.688 1.768 1.848 1.928 2.018 2.098 2.178 2.268 2.348 2.428 2.508 2.598 2.678 2.758 2.848 2.928 3.008 3.088 3.178 3.258 3.338
70 1.308 1.388 1.468 1.548 1.638 1.718 1.798 1.888 1.968 2.048 2.128 2.218 2.298 2.378 2.468 2.548 2.628 2.708 2.798 2.878 2.958 3.048 3.128 3.208 3.288
72 1.258 1.338 1.418 1.508 1.588 1.668 1.748 1.838 1.918 1.998 2.088 2.168 2.248 2.328 2.418 2.498 2.578 2.668 2.748 2.828 2.908 2.998 3.078 3.158 3.238
74 1.208 1.288 1.368 1.458 1.538 1.618 1.708 1.788 1.868 1.948 2.038 2.118 2.198 2.288 2.368 2.448 2.528 2.618 2.698 2.778 2.858 2.948 3.028 3.108 3.198
*FEV1 values are given in litres. The values listed here reflect the FEV1 as listed in Table 5-4a minus 0.842 L (95% confidence interval). Adapted from Crapo et al.2

A3-111
APPENDIX B
Pulmonary Function Table VII

Predicted Normal Forced Expiratory Volume in the First Second (FEV1) in Litres for Women*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 2.96 3.02 3.09 3.16 3.23 3.30 3.37 3.43 3.50 3.57 3.64 3.71 3.78 3.85 3.91 3.98 4.05 4.12 4.19 4.26 4.32 4.39 4.46 4.53 4.60
20 2.91 2.97 3.04 3.11 3.18 3.25 3.32 3.38 3.45 3.52 3.59 3.66 3.73 3.79 3.86 3.93 4.00 4.07 4.14 4.20 4.27 4.34 4.41 4.48 4.55
22 2.85 2.92 2.99 3.06 3.13 3.20 3.26 3.33 3.40 3.47 3.54 3.61 3.67 3.74 3.81 3.88 3.95 4.02 4.09 4.15 4.22 4.29 4.36 4.43 4.50
24 2.80 2.87 2.94 3.01 3.08 3.15 3.21 3.28 3.35 3.42 3.49 3.56 3.62 3.69 3.76 3.83 3.90 3.97 4.03 4.10 4.17 4.24 4.31 4.38 4.44
26 2.75 2.82 2.89 2.96 3.03 3.09 3.16 3.23 3.30 3.37 3.44 3.50 3.57 3.64 3.71 3.78 3.85 3.91 3.98 4.05 4.12 4.19 4.26 4.33 4.39
28 2.70 2.77 2.84 2.91 2.97 3.04 3.11 3.18 3.25 3.32 3.39 3.45 3.52 3.59 3.66 3.73 3.80 3.86 3.93 4.00 4.07 4.14 4.21 4.27 4.34
30 2.65 2.72 2.79 2.86 2.92 2.99 3.06 3.13 3.20 3.27 3.33 3.40 3.47 3.54 3.61 3.68 3.74 3.81 3.88 3.95 4.02 4.09 4.15 4.22 4.29
32 2.60 2.67 2.74 2.80 2.87 2.94 3.01 3.08 3.15 3.21 3.28 3.35 3.42 3.49 3.56 3.63 3.69 3.76 3.83 3.90 3.97 4.04 4.10 4.17 4.24
34 2.55 2.62 2.68 2.75 2.82 2.89 2.96 3.03 3.10 3.16 3.23 3.30 3.37 3.44 3.51 3.57 3.64 3.71 3.78 3.85 3.92 3.98 4.05 4.12 4.19
36 2.50 2.57 2.63 2.70 2.77 2.84 2.91 2.98 3.04 3.11 3.18 3.25 3.32 3.39 3.45 3.52 3.59 3.66 3.73 3.80 3.87 3.93 4.00 4.07 4.14
38 2.45 2.51 2.58 2.65 2.72 2.79 2.86 2.92 2.99 3.06 3.13 3.20 3.27 3.34 3.40 3.47 3.54 3.61 3.68 3.75 3.81 3.88 3.95 4.02 4.09
40 2.40 2.46 2.53 2.60 2.67 2.74 2.81 2.87 2.94 3.01 3.08 3.15 3.22 3.28 3.35 3.42 3.49 3.56 3.63 3.69 3.76 3.83 3.90 3.97 4.04
42 2.34 2.41 2.48 2.55 2.62 2.69 2.75 2.82 2.89 2.96 3.03 3.10 3.17 3.23 3.30 3.37 3.44 3.51 3.58 3.64 3.71 3.78 3.85 3.92 3.99
44 2.29 2.36 2.43 2.50 2.57 2.64 2.70 2.77 2.84 2.91 2.98 3.05 3.11 3.18 3.25 3.32 3.39 3.46 3.52 3.59 3.66 3.73 3.80 3.87 3.93
46 2.24 2.31 2.38 2.45 2.52 2.58 2.65 2.72 2.79 2.86 2.93 2.99 3.06 3.13 3.20 3.27 3.34 3.41 3.47 3.54 3.61 3.68 3.75 3.82 3.88
48 2.19 2.26 2.33 2.40 2.46 2.53 2.60 2.67 2.74 2.81 2.88 2.94 3.01 3.08 3.15 3.22 3.29 3.35 3.42 3.49 3.56 3.63 3.70 3.76 3.83
50 2.14 2.21 2.28 2.35 2.41 2.48 2.55 2.62 2.69 2.76 2.82 2.89 2.96 3.03 3.10 3.17 3.23 3.30 3.37 3.44 3.51 3.58 3.65 3.71 3.78
52 2.09 2.16 2.23 2.29 2.36 2.43 2.50 2.57 2.64 2.70 2.77 2.84 2.91 2.98 3.05 3.12 3.18 3.25 3.32 3.39 3.46 3.53 3.59 3.66 3.73
54 2.04 2.11 2.18 2.24 2.31 2.38 2.45 2.52 2.59 2.65 2.72 2.79 3.86 2.93 3.00 3.06 3.13 3.20 3.27 3.34 3.41 3.47 3.54 3.61 3.68
56 1.99 2.06 2.12 2.19 2.26 2.33 2.40 2.47 2.53 2.60 2.67 2.74 2.81 2.88 2.94 3.01 3.08 3.15 3.22 3.29 3.36 3.42 3.49 3.56 3.63
58 1.94 2.00 2.07 2.14 2.21 2.28 2.35 2.42 2.48 2.55 2.62 2.69 2.76 2.83 2.89 2.96 3.03 3.10 3.17 3.24 3.30 3.37 3.44 3.51 3.58
60 1.89 1.95 2.02 2.09 2.16 2.23 2.30 2.36 2.43 2.50 2.57 2.64 2.71 2.77 2.84 2.91 2.98 3.05 3.12 3.18 3.25 3.32 3.39 3.46 3.53
62 1.83 1.90 1.97 2.04 2.11 2.18 2.24 2.31 2.38 2.45 2.52 2.59 2.66 2.72 2.79 2.86 2.93 3.00 3.07 3.13 3.20 3.27 3.34 3.41 3.48
64 1.78 1.85 1.92 1.99 2.06 2.13 2.19 2.26 2.33 2.40 2.47 2.54 2.60 2.67 2.74 2.81 2.88 2.95 3.01 3.08 3.15 3.22 3.29 3.36 3.42
66 1.73 1.80 1.87 1.94 2.01 2.07 2.14 2.21 2.28 2.35 2.42 2.48 2.55 2.62 2.69 2.76 2.83 2.90 2.96 3.03 3.10 3.17 3.24 3.31 3.37
68 1.68 1.75 1.82 1.89 1.95 2.02 2.09 2.16 2.23 2.30 2.37 2.43 2.50 2.57 2.64 2.71 2.78 2.84 2.91 2.98 3.05 3.12 3.19 3.25 3.32
70 1.63 1.70 1.77 1.84 1.90 1.97 2.04 2.11 2.18 2.25 2.31 2.38 2.45 2.52 2.59 2.66 2.72 2.79 2.86 2.93 3.00 3.07 3.14 3.20 3.27
72 1.58 1.65 1.72 1.78 1.85 1.92 1.99 2.06 2.13 2.19 2.26 2.33 2.40 2.47 2.54 2.61 2.67 2.74 2.81 2.88 2.95 3.02 3.08 3.15 3.22
74 1.53 1.60 1.67 1.73 1.80 1.87 1.94 2.01 2.08 2.14 2.21 2.28 2.35 2.42 2.49 2.55 2.62 2.69 2.76 2.83 2.90 2.96 3.03 3.10 3.17
*FEV1 in litres = 0.0342 H – 0.0225 A – 1.578, R2 = 0.80; SEE = 0.326; 95% confidence interval = 0.561. Definitions of abbreviations: R2 = coefficient of determination; SEE =
Crapo et al.2

A3-112
APPENDIX B
Pulmonary Function Table VIII

Predicted Lower Limit of Normal Forced Expiratory Volume in the First Second (FEV1) for Women*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 2.399 2.459 2.529 2.599 2.669 2.739 2.809 2.869 2.939 3.009 3.079 3.149 3.219 3.289 3.349 3.419 3.489 3.559 3.629 3.699 3.759 3.829 3.899 3.969 4.039
20 2.349 2.409 2.479 2.549 2.619 2.689 2.759 2.819 2.889 2.959 3.029 3.099 3.169 3.229 3.299 3.369 3.439 3.509 3.579 3.639 3.709 3.779 3.849 3.919 3.989
22 2.289 2.359 2.429 2.499 2.569 2.639 2.699 2.769 2.839 2.909 2.979 3.049 3.109 3.179 3.249 3.319 3.389 3.459 3.529 3.589 3.659 3.729 3.799 3.869 3.939
24 2.239 2.309 2.379 2.449 2.519 2.589 2.649 2.719 2.789 2.859 2.929 2.999 3.059 3.129 3.199 3.269 3.339 3.409 3.469 3.539 3.609 3.679 3.749 3.819 3.879
26 2.189 2.259 2.329 2.399 2.469 2.529 2.599 2.669 2.739 2.809 2.879 2.939 3.009 3.079 3.149 3.219 3.289 3.349 3.419 3.489 3.559 3.629 3.699 3.769 3.829
28 2.139 2.209 2.279 2.349 2.409 2.479 2.549 2.619 2.689 2.759 2.829 2.889 2.959 3.029 3.099 3.169 3.239 3.299 3.369 3.439 3.509 3.579 3.649 3.709 3.779
30 2.089 2.156 2.229 2.299 2.359 2.429 2.499 2.569 2.639 2.709 2.769 2.839 2.909 2.979 3.049 3.119 3.179 3.249 3.319 3.389 3.459 3.529 3.589 3.659 3.729
32 2.039 2.109 2.179 2.239 2.309 2.379 2.449 2.519 2.589 2.649 2.719 2.789 2.859 2.929 2.999 3.069 3.129 3.199 3.269 3.339 3.409 3.479 3.539 3.609 3.679
34 1.989 2.059 2.119 2.189 2.259 2.329 2.399 2.469 2.539 2.599 2.669 2.739 2.809 2.879 2.949 3.009 3.079 3.149 3.219 3.289 3.359 3.419 3.489 3.559 3.629
36 1.939 2.009 2.069 2.139 2.209 2.279 2.349 2.419 2.479 2.549 2.619 2.689 2.759 2.829 2.889 2.959 3.029 3.099 3.169 3.239 3.309 3.369 3.439 3.509 3.579
38 1.889 1.949 2.019 2.089 2.159 2.229 2.299 2.359 2.429 2.499 2.569 2.639 2.709 2.779 2.839 2.909 2.979 3.049 3.119 3.189 3.249 3.319 3.389 3.459 3.529
40 1.839 1.899 1.969 2.039 2.109 2.179 2.249 2.309 2.379 2.449 2.519 2.589 2.659 2.719 2.789 2.859 2.929 2.999 3.069 3.129 3.199 3.269 3.339 3.409 3.479
42 1.779 1.849 1.919 1.989 2.059 2.129 2.189 2.259 2.329 2.399 2.469 2.539 2.609 2.669 2.739 2.809 2.879 2.949 3.019 3.079 3.149 3.219 3.289 3.359 3.429
44 1.729 1.799 1.869 1.939 2.009 2.079 2.139 2.209 2.279 2.349 2.419 2.489 2.549 2.619 2.689 2.759 2.829 2.899 2.959 3.029 3.099 3.169 3.239 3.309 3.369
46 1.679 1.749 1.819 1.889 1.959 2.019 2.089 2.159 2.229 2.299 2.369 2.429 2.499 2.569 2.639 2.709 2.779 2.849 2.909 2.979 3.049 3.119 3.189 3.259 3.319
48 1.629 1.699 1.769 1.839 1.899 1.969 2.039 2.109 2.179 2.249 2.319 2.379 2.449 2.519 2.589 2.659 2.729 2.789 2.859 2.929 2.999 3.069 3.139 3.199 3.269
50 1.579 1.649 1.719 1.789 1.849 1.919 1.989 2.059 2.129 2.199 2.259 2.329 2.399 2.469 2.539 2.609 2.669 2.739 2.809 2.879 2.949 3.019 3.089 3.149 3.219
52 1.529 1.599 1.669 1.729 1.799 1.869 1.939 2.009 2.079 2.139 2.209 2.279 2.349 2.419 2.489 2.559 2.619 2.689 2.759 2.829 2.899 2.969 3.029 3.099 3.169
54 1.479 1.549 1.619 1.679 1.749 1.819 1.889 1.959 2.029 2.089 2.159 2.229 3.299 2.369 2.439 2.499 2.569 2.639 2.709 2.779 2.849 2.909 2.979 3.049 3.119
56 1.429 1.499 1.559 1.629 1.699 1.769 1.839 1.909 1.969 2.039 2.109 2.179 2.249 2.319 2.379 2.449 2.519 2.589 2.659 2.729 2.799 2.859 2.929 2.999 3.069
58 1.379 1.439 1.509 1.579 1.649 1.719 1.789 1.859 1.919 1.989 2.059 2.129 2.199 2.269 2.329 2.399 2.469 2.539 2.609 2.679 2.739 2.809 2.879 2.949 3.019
60 1.329 1.389 1.459 1.529 1.599 1.669 1.739 1.799 1.869 1.939 2.009 2.079 2.149 2.209 2.279 2.349 2.419 2.489 2.559 2.619 2.689 2.759 2.829 2.899 2.969
62 1.269 1.339 1.409 1.479 1.549 1.619 1.679 1.749 1.819 1.889 1.959 2.029 2.099 2.159 2.229 2.299 2.369 2.439 2.509 2.569 2.639 2.709 2.779 2.849 2.919
64 1.219 1.289 1.359 1.429 1.499 1.569 1.629 1.699 1.769 1.839 1.909 1.979 2.039 2.109 2.179 2.249 2.319 2.389 2.449 2.519 2.589 2.659 2.729 2.799 2.859
66 1.169 1.239 1.309 1.379 1.449 1.509 1.579 1.649 1.719 1.789 1.859 1.919 1.989 2.059 2.129 2.199 2.269 2.339 2.399 2.469 2.539 2.609 2.679 2.749 2.809
68 1.119 1.189 1.259 1.329 1.389 1.459 1.529 1.599 1.669 1.739 1.809 1.869 1.939 2.009 2.079 2.149 2.219 2.279 2.349 2.419 2.489 2.559 2.629 2.689 2.759
70 1.069 1.139 1.209 1.279 1.339 1.409 1.479 1.549 1.619 1.689 1.749 1.819 1.889 1.959 2.029 2.099 2.159 2.229 2.299 2.369 2.439 2.509 2.579 2.639 2.709
72 1.019 1.089 1.159 1.219 1.289 1.359 1.429 1.499 1.569 1.629 1.699 1.769 1.839 1.909 1.979 2.049 2.109 2.179 2.249 2.319 2.389 2.459 2.519 2.589 2.659
74 0.969 1.039 1.109 1.169 1.239 1.309 1.379 1.449 1.519 1.579 1.649 1.719 1.789 1.859 1.929 1.989 2.059 2.129 2.199 2.269 2.339 2.399 2.469 2.539 2.609
*FEV1 values are given in litres. The values listed here reflect the FEV1 as listed in Table 5-5a minus 0.561 L (95% confidence interval). Adapted from Crapo et al.2

A3-113
APPENDIX B
Pulmonary Function Table IX

Predicted Normal Diffusing Capacity for Carbon Monoxide (Dco) for Men (STPD)*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 29.8 30.6 31.4 32.2 33.1 33.9 34.7 35.5 36.3 37.1 38.0 38.8 39.6 40.4 41.2 42.1 42.9 43.7 44.5 45.4 46.2 47.0 47.8 48.6 49.4
20 29.3 30.2 31.0 31.8 32.6 33.4 34.3 35.1 35.9 36.7 37.5 38.4 39.2 40.0 40.8 41.6 42.5 43.3 44.1 44.9 45.7 46.6 47.4 48.2 49.0
22 28.9 29.7 30.6 31.4 32.2 33.0 33.8 34.7 35.5 36.3 37.1 37.9 38.8 39.6 40.4 41.2 42.0 42.9 43.7 44.5 45.3 46.1 47.0 47.8 48.6
24 28.5 29.3 30.1 31.0 31.8 32.6 33.4 34.2 35.1 35.9 36.7 37.5 38.3 39.2 40.0 40.8 41.6 42.4 43.3 44.1 44.9 45.7 46.5 47.4 48.2
26 28.1 28.9 29.7 30.5 31.4 32.2 33.0 33.8 34.6 35.5 36.3 37.1 37.9 38.7 39.6 40.4 41.2 42.0 42.8 43.7 44.5 45.3 46.1 46.9 47.8
28 27.7 28.5 29.3 30.1 30.9 31.8 32.6 33.4 34.2 35.0 35.9 36.7 37.5 38.3 39.1 40.0 40.8 41.6 42.4 43.2 44.1 44.9 45.7 46.5 47.3
30 27.2 28.1 28.9 29.7 30.5 31.3 32.2 33.0 33.8 34.6 35.4 36.3 37.1 37.9 38.7 39.6 40.4 41.2 42.0 42.8 43.6 44.5 45.3 46.1 46.9
32 26.8 27.6 28.5 29.3 30.1 30.9 31.7 32.6 33.4 34.2 35.0 35.8 36.7 37.5 38.3 39.1 39.9 40.8 41.6 42.4 43.2 44.1 44.9 45.7 46.5
34 26.4 27.2 28.1 28.9 29.7 30.5 31.3 32.1 33.0 33.8 34.6 35.4 36.2 37.1 37.9 38.7 39.5 40.4 41.2 42.0 42.8 43.6 44.4 45.3 46.1
36 26.0 26.8 27.6 28.4 29.3 30.1 30.9 31.7 32.5 33.4 34.2 35.0 35.8 36.6 37.5 38.3 39.1 39.9 40.7 41.6 42.4 43.2 44.0 44.8 45.7
38 25.6 26.4 27.2 28.0 28.8 29.7 30.5 31.3 32.1 32.9 33.8 34.6 35.4 36.2 37.0 37.9 38.7 39.5 40.3 41.1 42.0 42.8 43.6 44.4 45.2
40 25.1 26.0 26.8 27.6 28.4 29.2 30.1 30.9 31.7 32.5 33.3 34.2 35.0 35.8 36.6 37.4 38.3 39.1 39.9 40.7 41.5 42.4 43.2 44.0 44.8
42 24.7 25.5 26.4 27.2 28.0 28.8 29.6 30.5 31.3 32.1 32.9 33.7 34.6 35.4 36.2 37.0 37.8 38.7 39.5 40.3 41.1 41.9 42.8 43.6 44.4
44 24.3 25.1 25.9 26.8 27.6 28.4 29.2 30.0 30.9 31.7 32.5 33.3 34.1 35.0 35.8 36.6 37.4 38.2 39.1 39.9 40.7 41.5 42.3 43.2 44.0
46 23.9 24.7 25.5 26.3 27.2 28.0 28.8 29.6 30.4 31.3 32.1 32.9 33.7 34.6 35.4 36.2 37.0 37.8 38.6 39.5 40.3 41.1 41.9 42.7 43.6
48 23.5 24.3 25.1 25.9 26.7 27.6 28.4 29.2 30.0 30.8 31.7 32.5 33.3 34.1 34.9 35.8 36.6 37.4 38.2 39.1 39.9 40.7 41.5 42.3 43.1
50 23.1 23.9 24.7 25.5 26.3 27.1 28.0 28.8 29.6 30.4 31.2 32.1 32.9 33.7 34.5 35.4 36.2 37.0 37.8 38.6 39.4 40.3 41.1 41.9 42.7
52 22.6 23.4 24.3 25.1 25.9 26.7 27.6 28.4 29.2 30.0 30.8 31.6 32.5 33.3 34.1 34.9 35.7 36.6 37.4 38.2 39.0 39.9 40.7 41.6 42.3
54 22.2 23.0 23.8 24.7 25.5 26.3 27.1 27.9 28.8 29.6 30.4 31.2 32.0 32.9 33.7 34.5 35.3 36.1 37.0 37.8 38.6 39.4 40.2 41.1 41.9
56 21.8 22.6 23.4 24.2 25.1 25.9 26.7 27.5 28.3 29.2 30.0 30.8 31.6 32.4 33.3 34.1 34.9 35.7 36.5 37.4 38.2 39.0 39.8 40.6 41.5
58 21.4 22.2 23.0 23.8 24.6 25.5 26.3 27.1 27.9 28.7 29.6 30.4 31.2 32.0 32.8 33.7 34.5 35.3 36.1 36.9 37.8 38.6 39.4 40.2 41.0
60 20.9 21.8 22.6 23.4 24.2 25.0 25.9 26.7 27.5 28.3 29.1 30.0 30.8 31.6 32.4 33.2 34.1 34.9 35.7 36.5 37.3 38.2 39.0 39.8 40.6
62 20.5 21.3 22.2 23.0 23.8 24.6 25.4 26.3 27.1 27.9 28.7 29.5 30.4 31.2 32.0 32.8 33.6 34.5 35.3 36.1 36.9 37.7 38.6 39.4 40.2
64 20.1 20.9 21.7 22.6 23.4 24.2 25.0 25.8 26.7 27.5 28.3 29.1 29.9 30.8 31.6 32.4 33.2 34.1 34.9 35.7 36.5 37.3 38.1 39.0 39.8
66 19.7 20.5 21.3 22.1 23.0 23.8 24.6 25.4 26.2 27.1 27.9 28.7 29.5 30.4 31.2 32.0 32.8 33.6 34.4 35.3 36.1 36.9 37.7 38.6 39.4
68 19.3 20.1 20.9 21.7 22.6 23.4 24.2 25.0 25.8 26.6 27.5 28.3 29.1 29.9 30.7 31.6 32.4 38.2 34.0 34.9 35.7 36.5 37.3 38.1 38.9
70 18.8 19.7 20.5 21.3 22.1 22.9 23.8 24.6 25.4 26.2 27.0 27.9 28.7 29.5 30.3 31.1 32.0 32.8 33.6 34.4 35.2 36.1 36.9 37.7 38.5
72 18.4 19.2 20.1 20.9 21.7 22.5 23.3 24.2 25.0 25.8 26.6 27.4 28.3 29.1 29.9 30.7 31.5 32.4 33.2 34.0 34.8 35.6 36.5 37.3 38.1
74 18.0 18.8 19.6 20.5 21.3 22.1 22.9 23.7 24.6 25.4 26.2 27.0 27.8 28.7 29.5 30.3 31.1 31.9 32.8 33.6 34.4 35.2 36.0 36.9 37.7
*Dco in mL/min/mm Hg = 0.410 H – 0.210 A – 26.31. R2 = 0.60; SEE = 4.82; 95% confidence interval = 8.2. Definitions of abbreviations: R2 = coefficient of determination; SEE =
standard error of estimate; H = height in cm; A = age in years. STPD = temperature 0°C, pressure 760 mm Hg, and dry (0 water vapour). The regression analysis has been
normalized to a standard hemoglobin of 146 g/L by means of Cotes’ modification of the relationship described by Roughton and Forster. Adapted from Crapo and Morris.9

A3-114
APPENDIX B
Pulmonary Function Table X

Predicted Lower Limit of Normal Diffusing Capacity for Carbon Monoxide (Dco) for Men*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 21.6 22.4 23.2 24.0 24.9 25.7 26.5 27.3 28.1 28.9 29.8 30.6 31.4 32.2 33.0 33.9 34.7 35.5 36.3 37.2 38.0 38.8 39.6 40.4 41.2
20 21.1 22.0 22.8 23.6 24.4 25.2 26.1 26.9 27.7 28.5 29.3 30.2 31.0 31.8 32.6 33.4 34.3 35.1 35.9 36.7 37.5 38.4 39.2 40.0 40.8
22 20.7 21.5 22.4 23.2 24.0 24.8 25.6 26.5 27.3 28.1 28.9 29.7 30.6 31.4 32.2 33.0 33.8 34.7 35.5 36.3 37.1 37.9 38.8 39.6 40.4
24 20.3 21.1 21.9 22.8 23.6 24.4 25.2 26.0 26.9 27.7 28.5 29.3 30.1 31.0 31.8 32.6 33.4 34.2 35.1 35.9 36.7 37.5 38.3 39.2 40.0
26 19.9 20.7 21.5 22.3 23.2 24.0 24.8 25.6 26.4 27.3 28.1 28.9 29.7 30.5 31.4 32.2 33.0 33.8 34.6 35.5 36.3 37.1 37.9 38.7 39.6
28 19.5 20.3 21.1 21.9 22.7 23.6 24.4 25.2 26.0 26.8 27.7 28.5 29.3 30.1 30.9 31.8 32.6 33.4 34.2 35.0 35.9 36.7 37.5 38.3 39.1
30 19.0 19.9 20.7 21.5 22.3 23.1 24.0 24.8 25.6 26.4 27.2 28.1 28.9 29.7 30.5 31.4 32.2 33.0 33.8 34.6 35.4 36.3 37.1 37.9 38.7
32 18.6 19.4 20.3 21.1 21.9 22.7 23.5 24.4 25.2 26.0 26.8 27.6 28.5 29.3 30.1 30.9 31.7 32.6 33.4 34.2 35.0 35.9 36.7 37.5 38.3
34 18.2 19.0 19.9 20.7 21.5 22.3 23.1 23.9 24.8 25.6 26.4 27.2 28.0 28.9 29.7 30.5 31.3 32.2 33.0 33.8 34.6 35.4 36.2 37.1 37.9
36 17.8 18.6 19.4 20.2 21.1 21.9 22.7 23.5 24.3 25.2 26.0 26.8 27.6 28.4 29.3 30.1 30.9 31.7 32.5 33.4 34.2 35.0 35.8 36.6 37.5
38 17.4 18.2 19.0 19.8 20.6 21.5 22.3 23.1 23.9 24.7 25.6 26.4 27.2 28.0 28.8 29.7 30.5 31.3 32.1 32.9 33.8 34.6 35.4 36.2 37.0
40 16.9 17.8 18.6 19.4 20.2 21.0 21.9 22.7 23.5 24.3 25.1 26.0 26.8 27.6 28.4 29.2 30.1 30.9 31.7 32.5 33.3 34.2 35.0 35.8 36.6
42 16.5 17.3 18.2 19.0 19.8 20.6 21.4 22.3 23.1 23.9 24.7 25.5 26.4 27.2 28.0 28.8 29.6 30.5 31.3 32.1 32.9 33.7 34.6 35.4 36.2
44 16.1 16.9 17.7 18.6 19.4 20.2 21.0 21.8 22.7 23.5 24.3 25.1 25.9 26.8 27.6 28.4 29.2 30.0 30.9 31.7 32.5 33.3 34.1 35.0 35.8
46 15.7 16.5 17.3 18.1 19.0 19.8 20.6 21.4 22.2 23.1 23.9 24.7 25.5 26.4 27.2 28.0 28.8 29.6 30.4 31.3 32.1 32.9 33.7 34.5 35.4
48 15.3 16.1 16.9 17.7 18.5 19.4 20.2 21.0 21.8 22.6 23.5 24.3 25.1 25.9 26.7 27.6 28.4 29.2 30.0 30.9 31.7 32.5 33.3 34.1 34.9
50 14.9 15.7 16.5 17.3 18.1 18.9 19.8 20.6 21.4 22.2 23.0 23.9 24.7 25.5 26.3 27.2 28.0 28.8 29.6 30.4 31.2 32.1 32.9 33.7 34.5
52 14.4 15.2 16.1 16.9 17.7 18.5 19.4 20.2 21.0 21.8 22.6 23.4 24.3 25.1 25.9 26.7 27.5 28.4 29.2 30.0 30.8 31.7 32.5 33.4 34.1
54 14.0 14.8 15.6 16.5 17.3 18.1 18.9 19.7 20.6 21.4 22.2 23.0 23.8 24.7 25.5 26.3 27.1 27.9 28.8 29.6 30.4 31.2 32.0 32.9 33.7
56 13.6 14.4 15.2 16.0 16.9 17.7 18.5 19.3 20.1 21.0 21.8 22.6 23.4 24.2 25.1 25.9 26.7 27.5 28.3 29.2 30.0 30.8 31.6 32.4 33.3
58 13.2 14.0 14.8 15.6 16.4 17.3 18.1 18.9 19.7 20.5 21.4 22.2 23.0 23.8 24.6 25.5 26.3 27.1 27.9 28.7 29.6 30.4 31.2 32.0 32.8
60 12.7 13.6 14.4 15.2 16.0 16.8 17.7 18.5 19.3 20.1 20.9 21.8 22.6 23.4 24.2 25.0 25.9 26.7 27.5 28.3 29.1 30.0 30.8 31.6 32.4
62 12.3 13.1 14.0 14.8 15.6 16.4 17.2 18.1 18.9 19.7 20.5 21.3 22.2 23.0 23.8 24.6 25.4 26.3 27.1 27.9 28.7 29.5 30.4 31.2 32.0
64 11.9 12.7 13.5 14.4 15.2 16.0 16.8 17.6 18.5 19.3 20.1 20.9 21.7 22.6 23.4 24.2 25.0 25.9 26.7 27.5 28.3 29.1 29.9 30.8 31.6
66 11.5 12.3 13.1 13.9 14.8 15.6 16.4 17.2 18.0 18.9 19.7 20.5 21.3 22.2 23.0 23.8 24.6 25.4 26.2 27.1 27.9 28.7 29.5 30.4 31.2
68 11.1 11.9 12.7 13.5 14.4 15.2 16.0 16.8 17.6 18.4 19.3 20.1 20.9 21.7 22.5 23.4 24.2 30.0 25.8 26.7 27.5 28.3 29.1 29.9 30.7
70 10.6 11.5 12.3 13.1 13.9 14.7 15.6 16.4 17.2 18.0 18.8 19.7 20.5 21.3 22.1 22.9 23.8 24.6 25.4 26.2 27.0 27.9 28.7 29.5 30.3
72 10.2 11.0 11.9 12.7 13.5 14.3 15.1 16.0 16.8 17.6 18.4 19.2 20.1 20.9 21.7 22.5 23.3 24.2 25.0 25.8 26.6 27.4 28.3 29.1 29.9
74 9.8 10.6 11.4 12.3 13.1 13.9 14.7 15.5 16.4 17.2 18.0 18.8 19.6 20.5 21.3 22.1 22.9 23.7 24.6 25.4 26.2 27.0 27.8 28.7 29.5
*Dco values are given in mL/min/mm Hg. The values listed here reflect the Dco as listed in Table 5-6a minus 8.2 (95% confidence interval). Adapted from Crapo and Morris.9

A3-115
APPENDIX B
Pulmonary Function Table XI

Predicted Normal Diffusing Capacity for Carbon Monoxide (Dco) for Women (STPD)*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 26.0 26.5 27.0 27.6 28.1 28.6 29.2 29.7 30.2 30.8 31.3 31.9 32.4 32.9 33.5 34.0 34.5 35.1 35.6 36.1 36.7 37.2 37.7 38.3 38.8
20 25.7 26.2 26.7 27.3 27.8 28.4 28.9 29.4 30.0 30.5 31.0 31.6 32.1 32.6 33.2 33.7 34.2 34.8 35.3 35.8 36.4 36.9 37.4 38.0 38.5
22 25.4 25.9 26.5 27.0 27.5 28.1 28.6 29.1 29.7 30.2 30.7 31.3 31.8 32.3 32.9 33.4 33.9 34.5 35.0 35.5 36.1 36.6 37.1 37.7 38.2
24 25.1 25.6 26.2 26.7 27.2 27.8 28.3 28.8 29.4 29.9 30.4 31.0 31.5 32.0 32.6 33.1 33.6 34.2 34.7 35.2 35.8 36.3 36.8 37.4 37.9
26 24.8 25.3 25.9 26.4 26.9 27.5 28.0 28.5 29.1 29.6 30.1 30.7 31.2 31.7 32.3 32.8 33.3 33.9 34.4 34.9 35.5 36.0 36.5 37.1 37.6
28 24.5 25.0 25.6 26.1 26.6 27.2 27.7 28.2 28.8 29.3 29.8 30.4 30.9 31.4 32.0 32.5 33.0 33.6 34.1 34.6 35.2 35.7 36.2 36.8 37.3
30 24.2 24.7 25.3 25.8 26.3 26.9 27.4 27.9 28.5 29.0 29.5 30.1 30.6 31.1 31.7 32.2 32.7 33.3 33.8 34.3 34.9 35.4 35.9 36.5 37.0
32 23.9 24.4 25.0 25.5 26.0 26.6 27.1 27.6 28.2 28.7 29.2 29.8 30.3 30.8 31.4 31.9 32.4 33.0 33.5 34.1 34.6 35.1 35.7 36.2 36.7
34 23.6 24.1 24.7 25.2 25.7 26.3 26.8 27.3 27.9 28.4 28.9 29.5 30.0 30.6 31.1 31.6 33.2 32.7 33.2 33.8 34.3 34.8 35.4 35.9 36.4
36 23.3 23.8 24.4 24.9 25.4 26.0 26.5 27.1 27.6 28.1 28.7 29.2 29.7 30.3 30.8 31.3 31.9 32.4 32.9 33.5 34.0 34.5 35.1 35.6 36.1
38 23.0 23.6 24.1 24.6 25.2 25.7 26.2 26.8 27.3 27.8 28.4 28.9 29.4 30.0 30.5 31.0 31.6 32.1 32.6 33.2 33.7 34.2 34.8 35.3 35.8
40 22.7 23.3 23.8 24.3 24.9 25.4 25.9 26.5 27.0 27.5 28.1 28.6 29.1 29.7 30.2 30.7 31.3 31.8 32.3 32.9 33.4 33.9 34.5 35.0 35.5
42 22.4 23.0 23.5 24.0 24.6 25.1 25.6 26.2 26.7 27.2 27.8 28.3 28.8 29.4 29.9 30.4 31.0 31.5 32.0 32.6 33.1 33.6 34.2 34.7 35.2
44 22.1 22.7 23.2 23.7 24.3 24.3 25.3 25.9 26.4 26.9 27.5 28.0 28.5 29.1 29.6 30.1 30.7 31.2 31.7 32.3 32.8 33.3 33.9 34.4 34.9
46 21.8 22.4 22.9 23.4 24.0 24.5 25.0 25.6 26.1 26.6 27.2 27.7 28.2 28.8 29.3 29.8 30.4 30.9 31.4 32.0 32.5 33.0 33.6 34.1 34.6
48 21.5 22.1 22.6 23.1 23.7 24.2 24.7 25.3 25.8 26.3 26.9 27.4 27.9 28.5 29.0 29.5 30.1 30.6 31.1 31.7 32.2 32.8 33.3 33.8 34.4
50 21.2 21.8 22.3 22.8 23.4 23.9 24.4 25.0 25.5 26.0 26.6 27.1 27.6 28.2 28.7 29.3 29.8 30.3 30.9 31.4 31.9 32.5 33.0 33.5 34.1
52 20.9 21.5 22.0 22.5 23.1 23.5 24.1 24.7 25.2 25.8 26.3 26.8 27.4 27.9 28.4 29.0 29.5 30.0 30.6 31.1 31.6 32.2 32.7 33.2 33.8
54 20.6 21.2 21.7 22.3 22.8 23.3 23.9 24.4 24.9 25.5 26.0 26.5 27.1 27.6 28.1 28.7 29.2 29.7 30.3 30.8 31.3 31.9 32.4 32.9 33.5
56 20.4 20.9 21.4 22.0 22.5 23.0 23.6 24.1 24.6 25.2 25.7 26.2 26.8 27.3 27.8 28.4 28.9 29.4 30.0 30.5 31.0 31.6 32.1 32.6 33.2
58 20.1 20.6 21.1 21.7 22.2 22.7 23.3 23.8 24.3 24.9 25.4 25.9 26.5 27.0 27.5 28.1 28.6 29.1 29.7 30.2 30.7 31.3 31.8 32.3 32.9
60 19.8 20.3 20.8 21.4 21.9 22.4 23.0 23.5 24.0 24.6 25.1 25.6 26.2 26.7 27.2 27.8 28.3 28.8 29.4 29.9 30.4 31.0 31.5 32.0 32.6
62 19.5 20.0 20.5 21.1 21.6 22.1 22.7 23.2 23.7 24.3 24.8 25.3 25.9 26.4 26.9 27.5 28.0 28.5 29.1 29.6 30.1 30.7 31.2 31.7 32.3
64 19.2 19.7 20.2 20.8 21.3 21.8 22.4 22.9 23.4 24.0 24.5 25.0 25.6 26.1 26.6 27.2 27.7 28.2 28.8 29.3 29.8 30.4 30.9 31.5 32.0
66 18.9 19.4 19.9 20.5 21.0 21.5 22.1 22.6 23.1 23.7 24.2 24.1 25.3 25.8 26.3 26.9 27.4 28.0 28.5 29.0 29.6 30.1 30.6 31.2 31.7
68 18.6 19.1 19.6 20.2 20.7 21.2 21.8 22.3 22.8 23.4 23.9 24.5 25.0 25.5 26.1 26.6 27.1 27.7 28.2 28.7 29.3 29.8 30.3 30.9 31.4
70 18.3 18.8 19.3 19.9 20.4 21.0 21.5 22.0 22.6 23.1 23.5 24.2 24.7 25.2 25.8 26.3 26.8 27.4 27.9 28.4 29.0 29.5 30.0 30.6 31.1
72 18.0 18.5 19.1 19.6 20.1 20.7 21.2 21.1 22.3 22.8 23.3 23.9 24.4 24.9 25.5 26.0 26.5 27.1 27.6 28.1 28.7 29.2 29.7 30.3 30.8
74 17.7 18.2 18.8 19.3 19.8 20.4 20.9 21.4 22.0 22.5 23.0 23.6 24.1 24.6 25.2 25.7 26.2 26.8 27.3 27.8 28.4 28.9 29.4 30.0 30.5
*Dco in mL/min/mm Hg = 0.267 H – 0.148 A – 10.34. R2 = 0.60; SEE = 3.40; 95% confidence interval = 5.74. Definitions of abbreviations: R2 = coefficient of determination; SEE =
standard error of estimate; H = height in cm; A = age in years. STPD = temperature 0°C, pressure 760 mm Hg, and dry (0 water vapour). The regression analysis has been
normalized to a standard hemoglobin of 125 g/L (the original equation was normalized to a standard hemoglobin of 146 g/L) by means of Cotes’ modification of the relationship
described in Roughton and Forster. Adapted from Crapo and Morris.9

A3-116
APPENDIX B
Pulmonary Function Table XII

Predicted Lower Limit of Normal Diffusing Capacity for Carbon Monoxide (Dco) for Women*
Age Height (cm)
146 148 150 152 154 156 158 160 162 164 166 168 170 172 174 176 178 180 182 184 186 188 190 192 194
18 20.26 20.76 21.26 21.86 22.36 22.86 23.46 23.96 24.46 25.06 25.56 26.16 26.66 27.16 27.76 28.26 28.76 29.36 29.86 30.36 30.96 31.46 31.96 32.56 33.06
20 19.96 20.46 20.96 21.56 22.06 22.66 23.16 23.66 24.26 24.76 25.26 25.86 26.36 26.86 27.46 27.96 28.46 29.06 29.56 30.06 30.66 31.16 31.66 32.26 32.76
22 19.66 20.16 20.76 21.26 21.76 22.36 22.86 23.36 23.96 24.46 24.96 25.56 26.06 26.56 27.16 27.66 28.16 28.76 29.26 29.76 30.36 30.86 31.36 31.96 32.46
24 19.36 19.86 20.46 20.96 21.46 22.06 22.56 23.06 23.66 24.16 24.66 25.26 25.76 26.26 26.86 27.36 27.86 28.46 28.96 29.46 30.06 30.56 31.06 31.66 32.16
26 19.06 19.56 20.16 20.66 21.16 21.76 22.26 22.76 23.36 23.86 24.36 24.96 25.46 25.96 26.56 27.06 27.56 28.16 28.66 29.16 29.76 30.26 30.76 31.36 31.86
28 18.76 19.26 19.86 20.36 20.86 21.46 21.96 22.46 23.06 23.56 24.06 24.66 25.16 25.66 26.26 26.76 27.26 27.86 28.36 28.86 29.46 29.96 30.46 31.06 31.56
30 18.46 18.96 19.56 20.06 20.56 21.16 21.66 22.16 22.76 23.26 23.76 24.36 24.86 25.36 25.96 26.46 26.96 27.56 28.06 28.56 29.16 29.66 30.16 30.76 31.26
32 18.16 18.66 19.26 19.76 20.26 20.86 21.36 21.86 22.46 22.96 23.46 24.06 24.56 25.06 25.66 26.16 26.66 27.26 27.76 28.36 28.86 29.36 29.96 30.46 30.96
34 17.86 18.36 18.96 19.46 19.96 20.56 21.06 21.56 22.16 22.66 23.16 23.76 24.26 24.86 25.36 25.86 27.46 26.96 27.46 28.06 28.56 29.06 29.66 30.16 30.66
36 17.56 18.06 18.66 19.16 19.66 20.26 20.76 21.36 21.86 22.36 22.96 23.46 23.96 24.56 25.06 25.56 26.16 26.66 27.16 27.76 28.26 28.76 29.36 29.86 30.36
38 17.26 17.86 18.36 18.86 19.46 19.96 20.46 21.06 21.56 22.06 22.66 23.16 23.66 24.26 24.76 25.26 25.86 26.36 26.86 27.46 27.96 28.46 29.06 29.56 30.06
40 16.96 17.56 18.06 18.56 19.16 19.66 20.16 20.76 21.26 21.76 22.36 22.86 23.36 23.96 24.46 24.96 25.56 26.06 26.56 27.16 27.66 28.16 28.76 29.26 29.76
42 16.66 17.26 17.76 18.26 18.86 19.36 19.86 20.46 20.96 21.46 22.06 22.56 23.06 23.66 24.16 24.66 25.26 25.76 26.26 26.86 27.36 27.86 28.46 28.96 29.46
44 16.36 16.96 17.46 17.96 18.56 18.56 19.56 20.16 20.66 21.16 21.76 22.26 22.76 23.36 23.86 24.36 24.96 25.46 25.96 26.56 27.06 27.56 28.16 28.66 29.16
46 16.06 16.66 17.16 17.66 18.26 18.76 19.26 19.86 20.36 20.86 21.46 21.96 22.46 23.06 23.56 24.06 24.66 25.16 25.66 26.26 26.76 27.26 27.86 28.36 28.86
48 15.76 16.36 16.86 17.36 17.96 18.46 18.96 19.56 20.06 20.56 21.16 21.66 22.16 22.76 23.26 23.76 24.36 24.86 25.36 25.96 26.46 27.06 27.56 28.06 28.66
50 15.46 16.06 16.56 17.06 17.66 18.16 18.66 19.26 19.76 20.26 20.86 21.36 21.86 22.46 22.96 23.56 24.06 24.56 25.16 25.66 26.16 26.76 27.26 27.76 28.36
52 15.16 15.76 16.26 16.76 17.36 17.76 18.36 18.96 19.46 20.06 20.56 21.06 21.66 22.16 22.66 23.26 23.76 24.26 24.86 25.36 25.86 26.46 26.96 27.46 28.06
54 14.86 15.46 15.96 16.56 17.06 17.56 18.16 18.66 19.16 19.76 20.26 20.76 21.36 21.86 22.36 22.96 23.46 23.96 24.56 25.06 25.56 26.16 26.66 27.16 27.76
56 14.66 15.16 15.66 16.26 16.76 17.26 17.86 18.36 18.86 19.46 19.96 20.46 21.06 21.56 22.06 22.66 23.16 23.66 24.26 24.76 25.26 25.86 26.36 26.86 27.46
58 14.36 14.86 15.36 15.96 16.46 16.96 17.56 18.06 18.56 19.16 19.66 20.16 20.76 21.26 21.76 22.36 22.86 23.36 23.96 24.46 24.96 25.56 26.06 26.56 27.16
60 14.06 14.56 15.06 15.66 16.16 16.66 17.26 17.76 18.26 18.86 19.36 19.86 20.46 20.96 21.46 22.06 22.56 23.06 23.66 24.16 24.66 25.26 25.76 26.26 26.86
62 13.76 14.26 14.76 15.36 15.86 16.36 16.96 17.46 17.96 18.56 19.06 19.56 20.16 20.66 21.16 21.76 22.26 22.76 23.36 23.86 24.36 24.96 25.46 25.96 26.56
64 13.46 13.96 14.46 15.06 15.56 16.06 16.66 17.16 17.66 18.26 18.76 19.26 19.86 20.36 20.86 21.46 21.96 22.46 23.06 23.56 24.06 24.66 25.16 25.76 26.26
66 13.16 13.66 14.16 14.76 15.26 15.76 16.36 16.86 17.36 17.96 18.46 18.36 19.56 20.06 20.56 21.16 21.66 22.26 22.76 23.26 23.86 24.36 24.86 25.46 25.96
68 12.86 13.36 13.86 14.46 14.96 15.46 16.06 16.56 17.06 17.66 18.16 18.76 19.26 19.76 20.36 20.86 21.36 21.96 22.46 22.96 23.56 24.06 24.56 25.16 25.66
70 12.56 13.06 13.56 14.16 14.66 15.26 15.76 16.26 16.86 17.36 17.76 18.46 18.96 19.46 20.06 20.56 21.06 21.66 22.16 22.66 23.26 23.76 24.26 24.86 25.36
72 12.26 12.76 13.36 13.86 14.36 14.96 15.46 15.36 16.56 17.06 17.56 18.16 18.66 19.16 19.76 20.26 20.76 21.36 21.86 22.36 22.96 23.46 23.96 24.56 25.06
74 11.96 12.46 13.06 13.56 14.06 14.66 15.16 15.66 16.26 16.76 17.26 17.86 18.36 18.86 19.46 19.96 20.46 21.06 21.56 22.06 22.66 23.16 23.66 24.26 24.76
*Dco values are given in mL/min/mm Hg. The values listed here reflect the Dco as listed in Table 5-7a minus 5.74 (95% confidence interval). Adapted from Crapo and Morris.9

A3-117
APPENDIX C
IMPAIRMENT CLASSIFICATION FOR RESPIRATORY DISEASE,

USING PULMONARY FUNCTION AND EXERCISE TESTS
PERCENT
VALUE OF
TEST FVC FEV1 FEV1/FVC Dco VO2 MAX WHOLE
PERSON
G 1 Measured FVC Measured FEV1 FEV1/FVC Dco > lower VO2 MAX > 25
R > lower limit of > lower limit of > lower limit of limit of normal ml/(kg.min) OR 0
A normal AND normal AND normal AND OR > 7.1 METS
D
E 2 > 60% of > 60% of > 60% of > 20 and < 25
predicted and predicted and predicted and ml/(kg. min) OR
< lower limit of < lower limit of < lower limit of 5.7 -7.1 METS 10 - 25
normal OR normal OR normal OR
3 > 51% and > 41% and < 59% > 41% and > 15 and <20
< 59% of of predicted OR < 59% of (ml/(kg.min) OR
predicted OR predicted OR 4.3 to < 5.7 26 - 50
METS
4 < 50% of < 40% of < 40% of < 15 ml/(Kg.min)
predicted OR predicted OR predicted OR OR
< 1.05 L/min 51 - 100
OR
< 4.3 METS

A3-118
AUTHORITY: Sections 195(1) and 195(3) of the Act
CROSS REFERENCES: Policy item #39.10, Permanent Disability Evaluation Schedule
HISTORY: September 1, 2020 – Policy amended to correct a cross-
referencing error.
R.S.B.C. 2019, c. 1.
December 1, 2019 – Set the rating for comminuted calcaneal
fractures at 7%; clarified ratings for nerve root and peripheral
nervous system conditions affecting part of the nerve’s
distribution; and made minor editorial changes.
January 1, 2019 – Updated Vision and Loss of Strength.
Revised a typographical error in Vestibular Disorders.
May 1, 2017 – Added obturator nerve to section VIII. Peripheral
Nervous System Conditions. Changed the percentages of
disability for permanent tracheostomy, significant tracheal
obstruction and minor tracheal obstruction; changed the range of
motion rating threshold for the spine and limbs; and made minor
consequential amendments including typographical errors and
edits for clarification.
January 1, 2015 – consolidated and incorporated policy items
#31.90, #39.11, #39.12, #39.13, #39.20, #39.21, #39.30, #39.31,
#39.32, #39.40, #39.41, #39.42, #39.43, and #39.44 of the
Rehabilitation Services & Claims Manual, Vol II., and portions of
the Additional Factors Outline.
January 1, 2007 – policy changes to add item 81 Asthma and
item 82 Contact Dermatitis to the Permanent Disability
Evaluation Schedule.
August 1, 2003 – substantial changes to the Permanent
Disability Evaluation Schedule including changes to the
percentage(s) of disability for partial amputation of the digits,
spine and pronation/supination. Housekeeping changes.
July 16, 2002 – housekeeping changes.

A3-119
APPENDIX 4
FORMULAE FOR RECALCULATING

PERMANENT DISABILITY BENEFITS
UNDER SECTION 203 – POLICY ITEM #46.02
A. Calculation for Workers Under 65
(a) Deemed current permanent disability

benefits (the monthly amount being paid
on the date of adjustment, plus any
periodic payments that have been
commuted). See Supplement No. 8.
___________________ a)
(b) Monthly wage at time of injury, limited by

the maximum then in effect. ___________________ b)
(c) Average monthly wage for B.C. during the

year of injury (see B.C. Monthly Average
Wage Table, Supplement No. 1).
___________________ c)
(d) Ratio of the monthly wage at time of

injury to the B.C. average wage for that ___________________ d)
year, i.e. (b)/(c) (4 decimals)
(e) Estimated average monthly wage for B.C

in the year of the adjustment (B.C
Average Wage Table, Supplement No. 1) ___________________ e)
(f) Projection of pre-injury wage, limited by

any maximum to the date of adjustment,
i.e. including adjustment on the basis of
age at date of injury (Supplement No. 9),
i.e. (d) x (e) x factor. ___________________ f)
(g) Projected monthly earnings, limited by

maximum and earnings capacity
(calculated according to Supplement
No. 2). ___________________ g)

A4 - 1
(h) Estimated difference in earnings at time
of adjustment.
(i) single injury (f) – (g)

OR
(ii) multiple claims (calculated ___________________ h)
according to Supplement No. 3). (if negative, enter zero)
(i) Adequate compensation = .75 x (h). ___________________ i)
(j) Potential adjustment to monthly amount, ___________________ j)

i.e., (i) – (a). (if negative, enter zero)
(k) Statutory maximum (maximum earnings

applicable under section 209 on the date
of adjustment). ___________________ k)
(l) Maximum which would be currently

payable to a worker in the pre-injury
occupation of the applicant worker with a
permanent disability assessed at 100%,
i.e., .75 x (k). ___________________ l)
(m) Percentage of total disability that would

be rated at the date of the adjustment to a
worker with the same disability as the
applicant worker. ___________________ m)
(n) Maximum adjusted amount applicable on

this claim (l) x (m). ___________________ n)
(o) Adjusted monthly amount = lesser of (n)

or (i). ___________________ o)
(p) Actual adjustment. Permanent disability

benefits increased by (o) – (a).
The new periodic payment for the
permanent disability benefit is the amount ___________________ p)
shown in (o).
B. Calculation for Workers 65 and Over
(a) Year of Birth. ___________________ a)
(b) Year of Injury. ___________________ b)

A4 - 2
(c) Deemed current permanent disability
benefit amount (the monthly amount
being paid on the date of the adjustment,
plus any periodic payments that have
been commuted). See Supplement
No. 8.
___________________ c)
(d) Projected monthly loss of retirement

income from reduced savings (calculated
according to Supplement No. 4.).
___________________ d)
(e) Monthly reduction of post-retirement

earning capacity (calculated according to
Supplement No. 5). ___________________ e)
(f) Projected monthly income loss from other

retirement sources (calculated according
to Supplement No. 6). ___________________ f)
(g) Projected retirement income loss

(d + e + f). ___________________ g)
(h) Adequate compensation, i.e., .75 x (g)

___________________ h)
(i) Potential adjustment to monthly amount, ___________________ i)

i.e., (h) – (c). (if negative, enter zero)
(j) Statutory maximum (maximum earnings ___________________ j)

applicable under section 209 on the date
of adjustment).
(k) Maximum which would be currently

payable to a worker in the pre-injury
occupation of the applicant worker with a
permanent disability assessed at 100%,
i.e., .75 x (j). ___________________ k)

A4 - 3
(l) Percentage of total disability that would
be rated at the date of the adjustment to a
worker with the same disability as the
applicant worker.
___________________ l)
(m) Maximum adjusted amount applicable on

the claim, i.e., (l) x (k). ___________________ m)
(n) Adjusted monthly amount, i.e., lesser of

(m) or (h). ___________________ n)
(o) Actual adjustment, permanent disability

benefits increased by (n) – (c). ___________________ o)

A4 - 4
SUPPLEMENT NO. 1
B.C. MONTHLY AVERAGE WAGE 1 TABLE
Calendar Year Index
1997 $2,659.00
1998 2,679.00
1999 2,705.00
2000 2,755.00
1 Computed as 4.33 times the Industrial Aggregate Average Weekly Wage for British Columbia.
Editions of this table distributed prior to 1986 were based on the Industrial Composite Average
Weekly Wage for British Columbia. The basis for the Industrial Aggregate was changed in
1994. The average wage index for each of the years in this table has been put on the current
Industrial Aggregate basis, so that ratios can be taken between indexes for any two years in
the table.

A4 - 5
SUPPLEMENT NO. 2
PROJECTED MONTHLY EARNING CAPACITY,

NOT LIMITED BY MAXIMUM
(1) Actual monthly earnings from work and

income from self-employment. ___________________ 1)
(2) Adjustment to present monthly earnings to

allow for transitory circumstances and
arrive at a long-term projection. ___________________ 2)
(3) Projected monthly earnings = 1) adjusted

by 2). ___________________ 3)
(4) Any earnings reduction resulting from

personal choice or circumstance unrelated
to the compensable disability, e.g. a non-
compensable disability, personal
preference for an occupation less well paid
than one that the worker could reasonably
undertake or voluntary retirement. ___________________ 4)
(5) Projected monthly earnings adjusted for

non-compensable loss, (3) + (4). ____________________ 5)
The figure in Item (5) is transferred to Item (g) on the worksheet for workers
under 65.

A4 - 6
SUPPLEMENT NO. 3
ESTIMATE OF DIFFERENCE IN EARNINGS

AT TIME OF ADJUSTMENT TO EACH
CLAIM IN A MULTIPLE CLAIM SITUATION
(1) Actual present monthly earnings from

employment and self-employment.
under 65, calculation sheet Item (g)
OR
aged 65 or over, Supplement 4 Item (8). ___________________ 1)
(2) Highest projected monthly earnings of all

the claims being considered.
under 65, calculation sheet Item (f)
OR
aged 65 or over, Supplement 4 Item (7). ___________________ 2)
(3) Earnings impairment at time of adjustment

based on claim with highest projected ___________________ 3)
wage, i.e. (2) – (1). (if negative, enter zero)
(4) Sum of disability percentages from all

claims in the multiple series. ___________________ 4)
(5) Percentage of disability for this claim, Claim

No. of Multiple Claims. ___________________ 5)
(6) Estimate of monthly earnings loss as if this

claim had been the only disability
sustained, i.e. (5)/(4) x (3) ___________________ 6)
ITEM (6) IS TRANSFERRED TO (h) IN THE CALCULATION SHEET FOR

WORKERS UNDER 65, OR TO SUPPLEMENT 4 ITEM 9, WHEN
CONSIDERING WORKER AGED 65 OR OVER.
Note, if Item 3 on this supplement is zero for the first claim considered, it
will be zero for all claims in the series.

A4 - 7
SUPPLEMENT NO. 4
PROJECTED MONTHLY LOSS OF RETIREMENT
INCOME FROM REDUCED SAVINGS
(1) Year in which age 65 was attained. ___________________ 1)
(2) Disabled work years due to compensable

disability, i.e., (1) – year of injury. ___________________ 2)
(3) Monthly wage at time of injury, limited by

the maximum then in effect. ___________________ 3)
(4) Average monthly wage for B.C. during the

year of injury (see B.C. Monthly Average
Wage Table, Supplement No. 1). ___________________ 4)
(5) Ratio of the monthly wage at time of injury

to the B.C. average wage for that year, i.e., ___________________ 5)
(3)/(4). (4 decimals)
(6) Estimated average monthly wage for B.C.

in the year worker attained age 65 (see
B.C. Monthly Average Wage Table,
Supplement No. 1). ___________________ 6)
(7) Projection of pre-injury wage, limited by any

maximum, to the year in which age 65 was
attained, including adjustment on the basis
of age at date of injury, (Supplement No. 9),
i.e., (5) x (6) x factor. ___________________ 7)
(8) Adjusted monthly earnings in year age 65

was attained, limited by a maximum
(calculated according to Supplement No. 7). ___________________ 8)
(9) Estimated difference in earnings in year

age 65 was attained:
(i) single injury, i.e. (7) – (8)
OR
(ii) multiple claims (calculated according to ___________________ 9)
Supplement No. 3). (if negative, enter zero)

A4 - 8
(10) Ratio of the estimated difference in
earnings to the B.C. average wage in the ___________________10)
year age 65 was attained, i.e. (9)/(6). (4 decimals)
(11) Estimated average monthly wage for B.C.

in the year of adjustment (see Supplement
No. 1). ___________________11)
(12) Projection of estimated monthly wage-loss

in the year age 65 was attained to the date
of adjustment, i.e., (10) x (11). ___________________12)
(13) Total work months disabled due to

compensable disability, i.e., 12 months/year
x (2). ___________________13)
(14) Lifetime lost earnings to age 65 expressed

in terms of most recent dollars, i.e., (12) x
(13). ___________________14)
(15) Deemed total permanent disability benefit

payments to age 65 = deemed current
permanent disability benefit (including term
pensions expiring at age 65) x (13). ___________________15)
(16) Net lifetime lost income, i.e., (14) – (15). ___________________16)
(17) Projected monthly loss of retirement income

from reduced savings, i.e., 0.0005 x (16). ___________________17)
THE FIGURE SHOWN AS ITEM (17) IS TRANSFERRED TO ITEM (d)

ON THE CALCULATION SHEET FOR WORKERS 65 AND OVER.

A4 - 9
SUPPLEMENT NO. 5
MONTHLY REDUCTION OF POST-RETIREMENT

EARNING CAPACITY
(1) Percentage of total disability that would be

rated at the date of the adjustment for the
worker’s permanent disability. %__________________1)
(2) Monthly compensation for loss of earning

capacity from the disability.
$0.80 for each 1% of total disability, i.e.,
$0.80/per 1% x (1). $__________________ 2)
THIS FIGURE SHOWN AS ITEM (2) IS TRANSFERRED TO ITEM (e) ON

THE CALCULATION SHEET FOR WORKERS AGED 65 AND OVER.
The cash figure in Item (2) will be adjusted with the Consumer Price Index,
the first such adjustment being made on July 1, 1976.
Since June 30, 2002, the percentage change in the Consumer Price Index
determined under section 333 of the Act, as described in policy item
#51.20, is used.
Rates
January 1, 2019 – $3.66 for each 1%
January 1, 2020 – $3.73 for each 1%

A4 - 10
SUPPLEMENT NO. 6
PROJECTED MONTHLY LOSS OF

OTHER RETIREMENT INCOME
ACTUAL INCOME PER MONTH (apart from earnings)
(1) Canada Pension benefits. _________________ 1)
(2) Pension benefits from employment

(employer-operated or occupational
pension plan). _________________ 2)
(3) Other government benefits (but not

Mincome or similar guarantees). _________________ 3)
(4) Total actual retirement income; total of (1)

through (3). _________________ 4)
PROJECTED INCOME BENEFIT PER MONTH (estimated retirement income

the worker would be receiving if the compensable injury had not occurred. The
projected benefits are based on the assumption that if the disability had not
occurred, the worker would have remained in the pre-injury occupation until the
age of 65 years).
(5) Canada Pension Plan benefits. _________________ 5)
(6) Pension benefits from employment

(employer-operated or occupational
pension plan). _________________ 6)
(7) Other government benefits (but not

Mincome or similar guarantees). _________________ 7)
(8) Total projected retirement income, i.e., total _________________ 8)

of Items (5) through (7).
(9) Retirement income loss (8) – (4). _________________ 9)
THE FIGURE FOR ITEM (9) IS TRANSFERRED TO ITEM (f) ON THE

WORKSHEET OF SECTION B “CALCULATION FOR WORKERS 65
AND OVER”.

A4 - 11
SUPPLEMENT NO. 7
ADJUSTED MONTHLY INCOME FROM EMPLOYMENT,

SELF-EMPLOYMENT AND REPLACEMENT EARNINGS
SOURCES IMMEDIATELY PRIOR TO AGE 65
(1) Monthly earnings immediately prior to

age 65. _________________ 1)
(2) Adjustment for any loss of earnings

resulting from personal circumstances
unrelated to the disability, i.e., a non-
compensable disability that arose
subsequent to the disability, or personal
preference for early retirement. _________________ 2)
(3) Estimated equivalent monthly income

worker was receiving from a source which
in nature replaced earnings income
because of a non-compensable disability. _________________ 3)
(4) Adjusted monthly income, i.e.,

(1) + (2) + (3). _________________ 4)
THE FIGURE SHOWN AS ITEM (4) IS TRANSFERRED TO (8) ON

SUPPLEMENT NO. 4.

A4 - 12
SUPPLEMENT NO. 8
CALCULATION OF DEEMED CURRENT PERMANENT

DISABILITY BENEFITS
(1) Monthly payment for either permanent

partial or permanent total disability which is
currently being paid to the worker. _________________ 1)
(2) Value of commutation(s) in terms of $ per

month as at date of commutation. _________________ 2)
(3) Deemed current permanent disability _________________ 3)

benefits (1) + (2).
ITEM (3) IS TRANSFERRED TO ITEM (c) ON THE CALCULATION

SHEET FOR WORKERS 65 AND OVER OR TO ITEM (a) ON THE
CALCULATION SHEET FOR WORKERS UNDER 65.

A4 - 13
SUPPLEMENT NO. 9
ADJUSTMENT OF PRE-INJURY WAGE ON

THE BASIS OF AGE AT DATE OF INJURY
Age at Date of Injury Adjustment Factor
14 2.0
15 1.7
16 1.5
17 1.3
18 1.2
19 1.2
20 1.1
21 1.1
22 1.1
23 or over 1.0

A4 - 14
APPENDIX 5
MAXIMUM FINES FOR COMMITTING

OFFENCES UNDER THE ACT
Section 236(1) provides that “A person who commits an offence under a

compensation provision for which no other punishment has been provided is
liable on conviction to a fine not greater than. . .” the amount set out below.
Date Amount

A5 - 1

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REHABILITATION SERVICES & CLAIMS MANUAL

Free electronic updates of the Manual are available by subscribing at

EXPLANATION OF HOW TO USE

The Table of Contents is a list of the numbered headings and sub-headings

References to sections of the Workers Compensation Act within the text of a

The numbering of pages recommences at 1 at the beginning of each chapter and

Replacement pages for Volume II will be issued from time to time.

The policies of the Board of Directors consist of:

(a) The statements contained under the heading “Policy” in the

April 6, 2020 Volume II

CHAPTER 1 – SCOPE OF VOLUME II OF THIS MANUAL

#1.00 INTRODUCTION 1-1

#2.00 WORKERS' COMPENSATION BOARD 1-7

CHAPTER 2 – WORKERS AND EMPLOYERS COVERED BY THE ACT

#3.00 INTRODUCTION 2-1

#4.00 EXEMPTIONS AND EXCLUSIONS FROM COVERAGE 2-1

#5.00 COVERAGE OF WORKERS 2-2

#6.00 DEFINITIONS OF “WORKER” AND “EMPLOYER” 2-2

#7.00 SPECIFIC INCLUSIONS IN DEFINITION OF WORKER 2-3

April 6, 2020 Volume II

#8.00 ADMISSION OF WORKERS, EMPLOYERS, AND

CHAPTER 3 – COMPENSATION FOR PERSONAL INJURY

C3-12.00 Personal Injury

April 6, 2020 Volume II

C3-23.10 Section 161(1)(a) – Artificial Appliances

CHAPTER 4 – OCCUPATIONAL DISEASE

C4-25.00 Occupational Disease

CHAPTER 5 – WAGE-LOSS BENEFITS

#33.00 INTRODUCTION 5-1

April 6, 2020 Volume II

#34.00 TEMPORARY TOTAL DISABILITY COMPENSATION 5-1

#34.10 Meaning of Temporary Total 5-1

#35.00 TEMPORARY PARTIAL DISABILITY COMPENSATION 5-18

April 6, 2020 Volume II

#35.11 Procedure for Determining Whether

CHAPTER 6 – PERMANENT DISABILITY BENEFITS

#36.00 INTRODUCTION 6-1

#37.00 PERMANENT TOTAL DISABILITY BENEFITS 6-4

April 6, 2020 Volume II

#37.10 Commencement of Permanent Total

#38.00 PERMANENT PARTIAL DISABILITY BENEFITS 6-7

#39.00 SECTION 195(1) ASSESSMENT 6-7

#40.00 SECTION 196(3) ASSESSMENT 6-15

#40.01 Decision-Making Procedure under

September 1, 2020 Volume II

#41.00 DURATION OF PERMANENT DISABILITY PERIODIC

#42.00 PAYMENT OF PERMANENT DISABILITY BENEFITS 6-26

#43.00 DISFIGUREMENT 6-29

#44.00 PROPORTIONATE ENTITLEMENT 6-36

#44.10 Meaning of Already Existing Disability 6-36

#45.00 LUMP SUMS AND COMMUTATIONS 6-39

#45.10 Permanent Disability Periodic Payment

April 6, 2020 Volume II

#45.44 Education 6-45

#46.00 RECONSIDERATION OF PRESCRIBED COMPENSATION

CHAPTER 7 – PROTECTION OF AND DEDUCTIONS FROM BENEFITS

#47.00 INTRODUCTION 7-1

#48.00 ASSIGNMENTS, CHARGES OR ATTACHMENTS OF

April 6, 2020 Volume II