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Volume 57, No. 21

224/2014

The British Columbia Gazette,

Part II

December 2, 2014

B.C. Reg. 224/2014 , deposited December 1, 2014, under the WORKERS COMPENSATION ACT [section 82]. Resolution of the Workers’ Compensation Board, dated November 20, 2014.

THE WORKERS’ COMPENSATION BOARD OF BRITISH COLUMBIA

RESOLUTION OF THE BOARD OF DIRECTORS

RE: Nerve Entrapments and Tendinopathies of the Arm, Neck and Shoulder

WHEREAS:

Pursuant to

section 82 of the Workers Compensation Act , R.S.B.C. 1996,

Chapter 492 and amendments thereto (“ Act ”), the Board of Directors must set and revise as necessary the policies of the Board of Directors, including policies respecting compensation, assessment, rehabilitation, and occupational health and safety;

AND

WHEREAS:

Pursuant to

section 6 (4.1) of the Act , the Board of Directors, on behalf of the Workers’ Compensation Board (“WorkSafeBC”) may, by regulation, on terms, conditions, and limitations set by the Board of Directors, add to or delete from

Schedule B of the Act , a disease, process or industry;

AND

WHEREAS:

The Policy, Regulation and Research Division (“PRRD”) commissioned a systematic review on the causal relationship between work-related activities and the development of nerve entrapments and tendinopathies of the arm, neck and shoulder;

AND

WHEREAS:

Policies in

Chapter 4, Compensation for Occupational Disease, of the Rehabilitation Services & Claims Manual , Volume II (“ RS&CM ”),

Schedule B of the Act , and the Occupational Disease Recognition Regulation, B.C. Reg. 71/99 (“Regulation”), relating to nerve entrapments and tendinopathies of the arm, neck and shoulder, were identified as requiring review;

AND

WHEREAS:

The PRRD has undertaken stakeholder consultation on this issue and has advised the Board of Directors on the results of the consultation;

AND

WHEREAS:

Pursuant to the Provincial Government’s Regulatory Reform Policy , the Board of Directors has evaluated the proposed regulatory amendments according to the established regulatory criteria;

AND

WHEREAS:

Pursuant to

section 76 of the Act ; a regulation of WorkSafeBC under

Part 1 of the Act must specify the date on which it is to come into force, which date must be at least 90 days after its deposit under the Regulations Act , R.S.B.C. 1996, c. 402 (“ Regulations Act ”);

THE BOARD OF DIRECTORS RESOLVES THAT:

1. Amendments to policies contained in

Chapter 4, Compensation for Occupational Disease, and Appendix 2 of the RS&CM , attached as Appendix A of this resolution, are approved;

2. Additions and deletions to

Schedule B of the Act , as per the attached Appendix B, are approved;

3. Additions and deletions to the Regulation, as per the attached Appendix C, are approved;

4. The Regulatory Criteria Exemption Form attached as Appendix D is approved.

5. The Office of Legislative Counsel comments regarding the proposed changes to

Schedule B of the Act and the Regulation are attached as Appendix E;

6. The above amendments to

Schedule B of the Act and the Regulation will be deposited with the Registrar of Regulations in such form as may be required by the Registrar and come into force on March 1, 2015;

7. The above amendments to the RS&CM are effective March 1, 2015 and apply to all decisions made on or after that date; and

8. This resolution constitutes a policy decision of the Board of Directors.

DATED at Richmond, British Columbia, November 20, 2014.

By the Workers’ Compensation Board

GEORGE MORFITT, FCA, Chair, Board of Directors.

Appendix E to Resolution 2014/11/20-01

LEGISLATIVE COUNSEL COMMENTS

Appendix B

THE BOARD OF DIRECTORS RESOLVES THAT:

Schedule B of the Workers Compensation Act is amended

(

a) in item 3A, in column 2, by striking out “ claimant ” and substituting “ worker ”,

(

b) in item 3B, in column 2, by striking out “ claimant ” and substituting “ worker ”,

(

c) in item 12, column 2,

(

i) in paragraph (

a) by striking out “ affected knee ” and substituting “ involved bursa ”, and

(ii) in paragraph (

b) by striking out “ sixty degrees ” and substituting “ 60 degree s”,

(

d) in item 13, column 1,

(

i) by striking out “ Tendinitis, tenosynovitis ” and substituting “ Tendinopathy ”,

(ii) in paragraph (

a) by striking out “ tendinitis, tenosynovitis (including deQuervain’s tenosynovitis) ” and substituting “ tendinopathy ”, and

(iii) in paragraph (

b) by striking out “ tendinitis ” and substituting “ tendinopathy ”,

(

e) in item 13, column 2, paragraph (b), by striking out “s ixty degrees ” and substituting “ 60 degrees ”,

(

f) in item 16, column 1, by striking out “ Hand or arm ” and substituting “ Hand-arm ”, and

(

g) in item 16, column 2, by striking out “ claimant ” and substituting “ worker ”.

Section 1 comes into force on March 1, 2015.

Dated at Richmond, British Columbia, November 20, 2014.

By the Workers’ Compensation Board

— George Morfitt, FCA, Chair, Board of Directors

Appendix C

THE BOARD OF DIRECTORS RESOLVES THAT:

Section 1 of the Occupational Disease Recognition Regulation, B.C. Reg. 71/99, is amended

(

a) by striking out the following diseases:

Epicondylitis (lateral and medial)

Stenosing Tenovaginitis (Trigger Finger)

Tendinitis, Tenosynovitis (other than the forms of tendinitis and tenosynovitis mentioned in Item 13 of

Schedule B of the Act). , and

(

b) by adding the following disease:

Tendinopathy (other than the forms of tendinopathy mentioned in Item 13 of

Schedule B of the Act), including Epicondylopathy (lateral and medial) and Stenosing Tenovaginitis (Trigger Finger) .

Section 1 comes into force on March 1, 2015.

Dated at Richmond, British Columbia, November 20, 2014.

By the Workers’ Compensation Board

— George Morfitt, FCA, Chair, Board of Directors

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