Note: This regulation has been placed in the Regulations Point in Time collection. This regulation is not repealed.
| B.C. Reg. 31/81 O.C. 133/81 | Filed January 16, 1981 |
Workers Compensation Act
Boards of Review Regulation
Administrative chairman
1 (1) A chairman of one of the boards of review shall be designated in his appointment as the administrative chairman and he shall have responsibility for administration of the boards of review and, without limiting the generality of the foregoing, he shall be responsible for
(a) determining which persons shall sit on each board of review,
(b) assigning appeals to the boards of review,
(c) appointing staff, including a registrar, with power to fix the duties of the registrar and general powers of supervision over all staff, and
(d) determining the type of records to be kept of its proceedings by a board of review.
(2) The administrative chairman may appoint an administrative vice chairman having the powers and authority of the administrative chairman during his absence.
[am. B.C. Reg. 372/84, s. 1.]
Employment of staff
2 The boards of review may employ such staff as they consider necessary for efficient operation and may determine the duties and terms of employment, including remuneration, of the staff.
Quorum
3 Subject to section 5, a quorum of a board of review shall consist of a chairman and 2 members, one of which shall be selected from each of the groups of persons described in section 89 (1) of the Act.
Completion of duties on cessation of membership
4 Where a person ceases to be a member or chairman, he may carry out and complete any duties or responsibilities and continue to exercise any powers that he may have had if he had not ceased to be a member or chairman in relation to a proceeding in which he participated.
If member unable to complete duties
5 Where a person is unable to complete his duties or responsibilities, the administrative chairman may reconstitute a board of review or direct that the remaining members or chairman constitute a quorum for the determination of an appeal, and the decision of the quorum shall be the decision of the board of review.
Appeals
6 (1) An appeal to a board of review may be in writing and filed at its head office.
(2) An appeal must
(a) be signed by the appellant or his representative,
(b) specify the decision being appealed, the grounds for it and stating why, in the opinion of the appellant, the decision is incorrect, and
(c) set out the remedy sought.
(3) Where an appeal is filed on the grounds of newly discovered evidence, or evidence that was not adduced to the officer of the board, the written appeal must contain
(a) the names and addresses of any witnesses to be produced,
(b) a description of any documentary evidence to be offered, and
(c) if the evidence is additional medical evidence, a short statement as to how the evidence changes or adds to the previous medical evidence.
(4) If subsections (2) and (3) are not fully complied with, the board of review shall require the appellant to file with it a completed notice of appeal in Form A.
[en. B.C. Reg. 372/84, s. 2.]
Information and reimbursement
7 (1) A board of review shall consider any information or argument submitted to it by or on behalf of a worker, employer or dependent, whether made orally or in writing, and may consider any other information obtained by it.
(2) A board of review may reimburse a person referred to in this section for the costs incurred in obtaining a medical report that is submitted to the board of review, but the payment shall not exceed the rate paid by the board for a similar report.
Medical evidence
8 (1) A board of review may
(a) obtain medical or other advice to aid it in making a decision, or
(b) require a worker to attend for examination by a physician chosen by the board of review.
(2) Payment for services rendered under subsection (1) shall be made at the rates paid by the board for similar services.
Oral and written submissions
9 (1) A board of review may allow an appellant or respondent to appear before it in person to give evidence or make a submission.
(2) Where a board of review does not permit a person to appear before it to give oral evidence or make a submission, the board of review shall permit that person to make a written submission.
[en. B.C. Reg. 372/84, s. 3.]
Disclosure of records
10 A board of review shall, in determining whether or not a record in its possession, including a medical report, should be disclosed to a worker, employer or other person, follow the practice of the board as set down from time to time in such matters.
Board must make records available
11 A board of review may require the board to make available a copy of a record in the board's possession that relates to an appeal, and, where the board of review considers it necessary, it may require the original record to be delivered.
Records of board of review to be delivered to board
12 All records of a board of review, other than personal notes kept by an individual member, shall be delivered to the board following the decision of the board of review.
After appeal is received
13 (1) The boards of review, upon receiving an appeal, shall acknowledge it and provide a copy to the respondent.
(2) A respondent who intends to contest the appeal shall, within 10 days of its receipt, file an appearance in Form B.
[en. B.C. Reg. 372/84, s. 4.]
[en. B.C. Reg. 372/84, s. 2.]
| To: | Boards of Review #400 - 4946 Canada Way Burnaby, B.C. V5G 4J6 Tel: 291-7511 |
In the Matter of the Workers Compensation Act
Notice of Appeal
IMPORTANT: If the 90 day appeal period has expired, you are also required to complete the Application for Extension of Time on page 4.
You must fully complete all sections of the Notice of Appeal and the Application for Extension of Time (if necessary) and return this form to the above address.
WORKER'S NAME: ...................................................................................................................................
CLAIM NO.: ................................................................................................................................................
EMPLOYER'S NAME: ...............................................................................................................................
| A) | 1 | Give the date of the decision of the officer of the board that you are appealing. DATE: .......................................................................................................................................... | ||
| 2 | Give a brief statement of why you feel the decision is wrong: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... | |||
| 3 | State the compensation benefits to which you think you are entitled: ...................................................................................................................................................... ...................................................................................................................................................... ...................................................................................................................................................... | |||
| B) | Indicate the method of appeal you prefer by marking an "X" in the appropriate box below. | |||
| I | No oral hearing is requested and no further evidence or submissions will be made. |  | ||
| II | No oral hearing is requested, but further written information or submission will be forwarded for consideration within 2 weeks. | | ||
| III | An oral hearing is requested before the boards of review before a decision is made. If possible, the hearing should take place at or near the City of (please specify) ............................................ | | ||
| NEW INFORMATION OR EVIDENCE | ||||
| C) | (1) | Please specify any new evidence, in particular, any new documentary evidence, to be presented to the boards of review at either the oral hearing or in the written submission. You should include, where applicable, the names and addresses of any witnesses to be produced at the oral hearing. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. | ||
| (2) | If additional medical evidence is to be presented, please provide a short statement as to how this evidence changes or adds to previous medical evidence. ............................................................................................................................................. ............................................................................................................................................. ............................................................................................................................................. | |||
(This must be signed.)
.............................................................................
Signature of appellant or representative
(It is your responsibility to notify us if you change your address. Until that is done, the address you have provided will be the address of record for the purpose of the appeal.)
.............................................................................
Address
.............................................................................
Telephone Number Date
(Name of representative, if any)
.............................................................................
Signature of appellant or representative
.............................................................................
Address
.............................................................................
Telephone Number
NOTE: DISCLOSURE
The Workers' Compensation Board provides disclosure of information on claim files where an appeal has been filed from a decision of the Workers' Compensation Board. Disclosure usually consists of a copy of the claim file being mailed to the applicant.
If you wish disclosure, please complete the attached REQUEST FOR DISCLOSURE and return it to the Workers' Compensation Board, together with a $10 money order made payable to the Workers' Compensation Board if copying of documents is required.
Application for Extension of Time
Please state below your reasons for filing the Notice of Appeal after the 90 day period allowed by the Workers Compensation Act, s. 90 (1).
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
......................................................................................................................................................................
.....................................................................................................................................................................
You will be advised as soon as possible of the decision on your Application for Extension of Time.
Request for Disclosure
Workers' Compensation Board
6951 Westminster Highway
Richmond, B.C.
V7C 1C6
Attention: Registrar
Dear Sirs:
Worker's Name: ...........................................................................................................................................
Claim No.: ....................................................................................................................................................
I wish to receive disclosure of the above claim in connection with the appeal to the boards of review now underway.
....................................................... is acting as my representative in the appeal and is authorized to receive disclosure of the claim file on my behalf for the purpose of the appeal.
Enclosed is my money order in the amount of $10 for documentation.
.............................................................................
Date
.............................................................................
Signature of worker, dependant or employer
.............................................................................
Address
Form B
[en. B.C. Reg. 372/84, s. 4.]
| To: | Boards of Review #400 - 4946 Canada Way Burnaby, B.C. V5G 4J6 |
Date: ................................................
In the Matter of The Workers Compensation Act
Appearance
RE: CLAIM NO.: .........................................................................................................................................
Take notice that .............................................................. [full name of employer/worker or dependent] intends to participate in the processing of the appeal on the above numbered claim.
.............................................................................
Signature of employer/worker or dependant
.............................................................................
Address
.............................................................................
Telephone Number
If an agent, representative or legal counsel is appointed, complete:
.............................................................................
Name
.............................................................................
Address
.............................................................................
Telephone Number
NOTE:
| (1) | It is the responsibility of the person filing an Appearance to notify the boards of review of any address change. |
| (2) | If disclosure of the claim file is desired, the attached REQUEST FOR DISCLOSURE must be completed and returned to the Workers' Compensation Board. There is a $10 fee which is payable to the Workers' Compensation Board by money order and must accompany this request if copies of documents are required. |
[Provisions of the Workers Compensation Act, R.S.B.C. 1996, c. 492, relevant to the enactment of this regulation: sections 89 and 90]