Definition

1   In this regulation, "Act" means the Workers Compensation Act.

Reconsidering benefits

2   Section 203 [reconsideration of prescribed compensation claims] of the Act applies to the following claims:

(a) the worker continues to have a compensable disability sustained more than 10 years before the worker's application under section 203 (2) of the Act or section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was determined by the Board based on a percentage of total disability of 12% or greater for that compensable disability;

(b) the worker continues to have a compensable disability sustained more than 10 years before the worker's application under section 203 (2) of the Act or section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was determined by the Board for an injury involving the spinal column;

(c) the worker continues to have a compensable disability sustained more than 10 years before the worker's application under section 203 (2) of the Act or section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as applicable, and permanent disability compensation was determined by the Board on or after October 1, 1977 for an injury to a part of the body other than the spinal column;

(d) the worker

(i) continues to have one compensable disability with a percentage of total disability of 5% or greater sustained more than 10 years before the worker's application under section 203 (2) of the Act, or section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, and

(ii) also continues to have one or more compensable disabilities sustained at any time before the worker's application under section 203 (2) of the Act or section 24 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, as applicable, which, when combined with the compensable disability referred to in subparagraph (i), brings the worker's total permanent disability compensation determined by the Board to a percentage of total disability of 12% or greater for the combined compensable disabilities.

[en. B.C. Reg. 279/2019, App. F, s. 2.]

Compensable disabilities

3   For the purposes of section 2 (d) (ii), the compensable disabilities may be the result of one or more injuries that were the subject of one or more claims under the Act, the Workers Compensation Act, R.S.B.C. 1996, c. 492, or both.

[am. B.C. Reg. 279/2019, App. F, s. 3.]