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2011 Legislative Session: 4th Session, 39th Parliament

FIRST READING

The following electronic version is for informational purposes only.

The printed version remains the official version.

HONOURABLE MARGARET MACDIARMID

MINISTER OF LABOUR, CITIZENS' SERVICES

AND OPEN GOVERNMENT

BILL 14 – 2011

WORKERS COMPENSATION AMENDMENT ACT, 2011

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

SECTION 1: [Workers Compensation Act,

section 5.1]

in respect of a claim for mental stress resulting from traumatic events in the workplace, removes the requirement that the mental stress be an acute reaction to an event;

adds a provision to make mental stress resulting from a significant work-related stressor, or a cumulative series of significant work-related stressors, compensable under the Act.

Section 5.1 (1) (

a) of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is repealed and the following substituted:

(

a) is a reaction to

(

i) one or more traumatic events arising out of and in the course of the worker's employment, or

(ii) 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, .

SECTION 2: [Workers Compensation Act,

section 17] reduces from 3 years to 2 years the period of cohabitation for which a common law spouse must have lived with a worker at the time of the worker's death in order to be entitled to receive compensation.

Section 17 (11) (

a) is amended by striking out " 3 years; " and substituting " 2 years, ".

SECTION 3: [Workers Compensation Act,

section 33.2] changes the rate at which an apprentice or learner is compensated for a temporary disability that continues after the initial payment period.

Section 33.2 is repealed and the following substituted:

Exception to

section 33.1 (2) – apprentice or learner

33.2

(1) This

section applies to a worker who, at the time of injury, is an apprentice in a trade, an occupation or a profession, or is a person referred to in paragraph (

b) of the definition of "worker".

(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 average earnings of the worker based on the greater of the following:

(

a) the rate at which the worker was remunerated by each of the employers for whom he or she 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 the injury resulted in a permanent disability, determine the amount of average earnings of the worker 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.

SECTION 4: [Workers Compensation Act, various provisions] adjusts the dollar amount of periodic payments of compensation required or penalties payable under those provisions of the Act listed in the table.

4 The provisions listed in Column 1 of the following table are amended by striking out the dollar amount set out opposite them in Column 2 and substituting the dollar amount set out opposite them in Column 3:

Column 1

Section or provision

Column 2

Dollar amount to be struck out

Column 3

Dollar amount to be substituted

3 (5) (c)

118.36

121.35

17 (3) (a) (ii)

311.17

319.05

17 (3) (c)

1 005.51

1 030.98

17 (3) (d)

1 005.51

1 030.98

17 (3) (f) (iii) (B)

311.17

319.05

17 (3) (g)

33 522.66

34 371.71

17 (3) (h) (i)

550.72

564.67

17 (3) (h) (ii)

550.72

564.67

17 (3) (i)

550.72

564.67

17 (13)

2 394.55

2 455.20

18 (1)

416.66

129.33

427.21

132.60

22 (2)

1 538.66

1 577.63

29 (2)

355.03

364.02

33 (5)

1 538.66

1 577.63

35 (5)

212.14

217.52

73 (1)

49 498.45

50 752.12

75 (3)

4 734.02

4 853.92

77 (2)

4 734.02

4 853.92

196 (2)

565 329.86

579 648.26

217 (a) (i)

618 730.69

30 936.56

634 401.59

31 720.11

217 (b) (i)

1 237 461.35

61 873.07

1 268 803.16

63 440.16

Transitional Provisions

Transition – mental stress

SECTION 5: [Transition – mental stress] provides that

section 5.1 of the Workers Compensation

Act , after its amendment by this Bill, applies to decisions made by the Board or the Workers' Compensation Appeal Tribunal on or after January 1, 2012 in respect of claims submitted for mental stress before that date.

Section 5.1 of the Workers Compensation Act , as amended by

section 1 of this Act, applies to every decision made by the Board or the Workers' Compensation Appeal Tribunal on or after January 1, 2012, the date

section 1 of this Act comes into force, in respect of a claim made but not finally adjudicated before January 1, 2012.

Transition – length of cohabitation of common law spouses

SECTION 6: [Transition – length of cohabitation of common law spouses] clarifies that

section 17 (11) (

a) of the Workers Compensation Act , after its amendment by this Bill, applies in respect of the death of a worker that occurs on or after the date

section 2 of this Bill comes into force.

Section 17 (11) (

a) of the Workers Compensation Act , as amended by

section 2 of this Act, applies in respect of the death of a worker that occurs on or after the date

section 2 of this Act comes into force.

Transition – apprentice or learner

SECTION 7: [Transition – apprentice or learner] clarifies that

section 33.2 of the Workers Compensation Act , after its amendment by this Bill, applies in respect of an injury that occurs on or after January 1,

Section 33.2 of the Workers Compensation Act , as amended by

section 3 of this Act, applies to an injury that occurs on or after January 1, 2012, the date

section 3 of this Act comes into force.

Commencement

8 The provisions of this Act referred to in column 1 of the following table come into force as set out in column 2 of the table:

Item

Column 1

Provisions of Act

Column 2

Commencement

Anything not elsewhere covered by this table

The date of Royal Assent

Section 1

January 1, 2012

Section 3

January 1, 2012

Section 4

January 1, 2011

Section 5

January 1, 2012

Section 7

January 1, 2012

Explanatory Notes

SECTION 1: [Workers Compensation Act,

section 5.1]

in respect of a claim for mental stress resulting from traumatic events in the workplace, removes the requirement that the mental stress be an acute reaction to an event;

adds a provision to make mental stress resulting from a significant work-related stressor, or a cumulative series of significant work-related stressors, compensable under the Act.

SECTION 2: [Workers Compensation Act,

section 17] reduces from 3 years to 2 years the period of cohabitation for which a common law spouse must have lived with a worker at the time of the worker's death in order to be entitled to receive compensation.

SECTION 3: [Workers Compensation Act,

section 33.2] changes the rate at which an apprentice or learner is compensated for a temporary disability that continues after the initial payment period.

SECTION 4: [Workers Compensation Act, various provisions] adjusts the dollar amount of periodic payments of compensation required or penalties payable under those provisions of the Act listed in the table.

SECTION 5: [Transition – mental stress] provides that

section 5.1 of the Workers Compensation Act , after its amendment by this Bill, applies to decisions made by the Board or the Workers' Compensation Appeal Tribunal on or after January 1, 2012 in respect of claims submitted for mental stress before that date.

SECTION 6: [Transition – length of cohabitation of common law spouses] clarifies that

section 17 (11) (

a) of the Workers Compensation Act , after its amendment by this Bill, applies in respect of the death of a worker that occurs on or after the date

section 2 of this Bill comes into force.

SECTION 7: [Transition – apprentice or learner] clarifies that

section 33.2 of the Workers Compensation Act , after its amendment by this Bill, applies in respect of an injury that occurs on or after January 1, 2012.

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