We are a paranoid bunch, who daily deal with WCB appeals.
You are probably sick of hearing your union warn you again and again that you should make sure to file with the WCB (also known as WorkSafeBC) whenever you have an injury, and to ensure that you appeal anything that you suspect should be appealed.
Paranoid or not, here’s another example of why they really are out to get us.
A trend in recent years is for the WCB is to send letters out that tell you one thing, but that also contain a “secret” decision that may cause you a lifetime of regret if you do not appeal it.
Here are a few examples:
What it says: Congratulations, you are now able to return to work without restrictions or limitations. We will be terminating your wage loss benefits as of xxx date now that you have been able to return to your job.
What it means: We don’t think you have any permanent residual impairment and we are NOT sending you to Disability Awards to be assessed for a pension.
What you are going to miss if you do not appeal: if you continue to have any lingering symptoms such as pain, weakness, an inability to do certain aspects of your job because of your injury, you will not be assessed for a pension. What’s more, the next time your condition flares-up, the WCB will tell you that it cannot be related to your prior compensable injury since you were completely recovered when you returned to work. If you weren’t 100% at that time, you would have appealed, right?
Another example:
What it says: The main method of calculating any permanent impairment is under s. 23(1) as a functional pension. I find that you are entitled to a functional pension of 2.5% for chronic pain (or 4% for loss of range of motion etc…). Attached you will find an LTD memo which addresses your disability. This decision addresses your functional impairment only.
What it means: The memo attached will have a section called “Administrative Data.” Item number 11 will refer to “Section 23(3), and may say something like this: Mr. Smith has returned to work and is now fully employed. He will have no loss of earnings
What you are going to miss if you don’t appeal: Although this letter expressly tells you it is only making one decision (on your loss of function pension) the WCB now takes the position that because “loss of earnings” is mentioned in item 11 in the LTD memo, you have been given a decision on BOTH kinds of WCB pension. The letter tells you that it contains only one decision, and if you don’t disagree, you won’t appeal it. But let’s say that you have had to return to work at an accommodated position which pays less, or perhaps you can no longer work overtime or extra shifts. You may be having a significant loss of earnings. If you don’t appeal this decision, buried at the end of the LTD memo, you may never be able to. You will likely be considered out of time when finally you realise that no one is going to compensate you for your loss of earnings.
One more:
What it says: (If you have recently won an appeal.) This letter implements the Workers Compensation Appeal Tribunal decision of xxx date. We are paying you retroactive wage loss benefits for the period of xxx to xxx. A cheque in the amount of $ xx.xx is enclosed. The WCAT decision has now been implemented.
What it means: We’ll pay you lost wages for this period but nothing else, and you are NOT going to be referred to Disability Awards to be assessed for a pension.
What you are going to miss if you don’t appeal: If you have any permanent residual disability as a result of your work injury, for example lingering pain or restrictions of any kind, you should be assessed for a WCB pension. This letter means that you won’t be. If you don’t appeal, you will again be considered to have been 100% recovered from your injury and any future problems will be found to be unrelated to this injury since you were fully recovered when you went back to work.
Finally: Remember this, if you get a decision of any kind that indicates that your union representative or lawyer have been copied, you have to be sure they were! Even if the letter says your rep was cc’d, if you don’t check, and then an appeal deadline is missed because he or she didn’t know about the letter, you are out of time, plain and simple.
The moral of the story? Be suspicious, trust no one when dealing with the WCB, always talk to your representative when you get correspondence to be sure there are no “embedded decisions.” If you miss one, you could be paying for it for the rest of your life.
(and just a note here: when they call it “SafeWorkBC” we’ll start to use the name, but as long as the emphasis rests on the obligations of the worker, we’ll stick to the old name)