If you're the person with chronic pain and you can't work, it would be great to receive work comp benefits. And, the court in British Columbia, Canada agrees.
The power to hear complaints that the chronic pain policy of the Workers’ Compensation Board is discriminatory was granted to the province of British Columbia’s Human Rights Tribunal by the B.C. Court of Appeal.
Three people suffering from chronic pain as a result of work-related injuries challenged the Worker’s Compensation Board's policy making chronic pain awards a fixed percentage of total disability awards, according to The Canadian Press. The individuals claim the policy of the board, officially known as WorkSafeBC, denies them of rights available to the public.
When the board upheld the policy, the complainants took the issue to the Human Rights Tribunal. Initially, the board won a B.C. Supreme Court ruling saying the tribunal had no right to interfere in the issue. (workersxzcompxzkit)
The appeal court claims the tribunal's decision to proceed with the complaints should not have been quashed and ruled the Human Rights Code gives the tribunal discretion to hold a hearing into a complaint even if another body has already ruled on the matter.
Author Robert Elliott, executive vice president, Amaxx Risks Solutions, Inc. has worked successfully for 20 years with many industries to reduce Workers' Compensation costs, including airlines, health care, manufacturing, printing/publishing, pharmaceuticals, retail, hospitality and manufacturing. He can be contacted at: [email protected] or 860-553-6604.
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