May 2023

New policies on Interest and Non-Traumatic Hearing Loss
(Bill 41)

Bill 41 – the Workers Compensation Amendment Act (No. 2), 2022 received Royal Assent on November 24, 2022. Bill 41 contains seven amendments to the Workers Compensation Act (Act) to better support injured workers and align British Columbia with other provinces in providing benefits for injured workers.

The Policy, Regulation and Research Department (PRRD) recently presented policy changes to the Board of Directors for decision, resulting from two Bill 41 amendments on interest on compensation benefits and non-traumatic hearing loss.

Interest on Compensation Benefits

Effective April 3, 2023, Bill 41 amended the Act to require interest be paid on delayed benefit payments following a review or appeal entitlement determination, where the benefits have remained unpaid for at least 180 days from the benefit effective date.

The PRRD has amended policy item #50.00, Interest, of the Rehabilitation Services & Claims Manual, Volume II, to clarify:

• The circumstances in which an entitlement determination has been made by the Review Division and the Workers Compensation Appeal Tribunal.
• The meaning of effective date, and that for compensation payable by periodic payments, each payment has its own effective date.
• Interest is paid beginning on the effective date.

The amendments apply to all decisions, including appellate decisions, made on or after April 3, 2023. View the Board of Directors’ decision.

Schedule 2 – Non-traumatic Hearing Loss

Effective November 24, 2022, Bill 41 amended sections 145 and 198 of the Act, allowing WorkSafeBC to increase the maximum compensation for non-traumatic hearing loss under Schedule 2, Non-traumatic Hearing Loss. Prior to Bill 41, the Act capped compensation at 15%, which WorkSafeBC did not have the authority to change.

Schedule 2 is used when determining compensation entitlement under sections 145 and 198 of the Act for workers who have developed hearing loss gradually, because of exposure to occupational noise. It sets out the ranges of hearing loss, percentages of disability, and methods and frequencies used to measure non-traumatic hearing loss.

Under Bill 41, section 198 was amended to remove the 15% cap, and instead states the maximum percentage of total disability is specified in Schedule 2. Under Schedule 2, the total disability percentage for hearing loss will be increased on May 15, 2023, from 3% to 6% for total hearing loss in one ear only, and from 15% to 36% for complete hearing loss in both ears. Section 145(3) was amended to permit WorkSafeBC to amend the maximum percentages of total disability in Schedule 2.

The PRRD has subsequently made amendments to Schedule 2 of the Act, and to Item C4-31.00, Hearing Loss, and Appendix 3 of the Rehabilitation Services &  Claims Manual, Volume II.

The amendments come into effect May 15, 2023. View the Board of Directors’ decision.

To learn more about these changes, and the ongoing work on the Bill 41 amendments, visit worksafebc.com.