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2001 Legislative Session: 5th Session, 36th Parliament

FIRST READING

The following electronic version is for informational

purposes only.

The printed version remains the official version.

MR. KASPER

BILL M 201 – 2001

INJURED WORKERS WAGE LOSS

CONTINUATION ACT

Preamble

Whereas the Workers' Compensation Board (WCB) reserves the right to stop worker benefits unilaterally upon medical evidence from WCB doctors;

Whereas an injured worker must initiate the appeal process;

Whereas injured workers required to appeal a WCB ruling are not eligible for reinstatement of benefits until the appeal has been heard and decided upon;

Whereas the current process can take months, sometimes years to complete; and

Whereas the injured worker with extremely limited financial resources must await the outcome of the appeal in abject poverty.

HER MAJESTY, by and with the consent of the Legislative Assembly of the Province of British Columbia, enacts as follows:

1 When an appeal is filed, an injured worker's wage loss benefits must continue until an independent and/or a medical review panel have made a ruling to the contrary.

Commencement

2 This Act comes into force by regulation of the Lieutenant Governor in Council.

Explanatory Note

This Bill requires the Workers' Compensation Board to live up to the same standards as they expect injured workers to live up to at present. The government must ensure that the WCB forfeit the unilateral right to stop worker benefits upon WCB medical advice without confirmation of their actions by an independent and/or a medical review panel. This Bill will ensure that injured workers do not suffer undue financial hardship while awaiting the resolution of an appeal. Furthermore, this Bill will help to expedite the time a WCB appeal process takes.

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© 2001: Queen's Printer, Victoria, British Columbia, Canada