CLE Online

Welcome and Land Acknowledgement (9:00 – 9:10)

Brad Cocke — Harris & Company LLP, Vancouver
Peter Eastwood — HHBG Lawyers, Vancouver

WorkSafeBC General Operational Update (9:10 – 10:00)

• an update on WorkSafeBC's recently released strategic plan and definition of a worker-centred approach and how both helped shape the 2022 plan and priorities for the Claims and Rehabilitation Services Division
• the trends, impact and challenges of COVID-19 on claims intake and on claims management
• other factors, including increases in mental health and chronic pain claims that increased complexity and return to work challenges
• the various service orientated changes that have been introduced over the past two years including the creation of a more integrated structure and operating approach
• the increasing emphasis on adjudication quality including a new senior adjudicator role and use of quality councils
• the re-establishment of a stand-alone department for the determination of permanent disability benefits in response to the Bill 23 legislative changes

Joe Pinto — Head of Claims & Rehabilitation Services, WorkSafeBC, Richmond
Belden Wong — Director, Practice & Quality Support Services, WorkSafeBC, Richmond

Mental Disorders (10:00 – 10:45)

• general framework and policy issues
• recent changes
• subjective/objective/modified objective test
• labour relations exclusion scope
• pre-existing conditions

Alissa Demerse — Roper Greyell LLP, Vancouver
Kevin Love — Community Legal Assistance Society, Vancouver

BREAK (10:45 – 11:00)

Serious and Fatal Investigations (11:00 – 11:40)

• why so serious?
• serious incident investigations—immediate response?
• WSBC investigations—duty to cooperate?
• WSBC investigations—strategic considerations
• employer investigation—strategic considerations

Andrew Wood — Harris & Company LLP, Vancouver

Disability Awards (11:40 – 12:20)

• changes to Loss of Earnings assessments
• psychological conditions
• chronic pain
• retirement age 

Sarah O'Leary — Harrison O'Leary Lawyers LLP, Vancouver

LUNCH BREAK (12:20 – 1:15)

Strategic Considerations for Navigating Prohibited Action Complaints (1:15 – 1:45)

• what prohibited action complaints are
• their significance to both workers and employers
• strategic considerations that arise during the life of a prohibited action complaint from the perspectives of both the worker and the employer
• how to avoid making some common mistakes

Brad Cocke — Harris & Company LLP, Vancouver
Anthony Moffatt — Labour Rights Law Office, Coquitlam

Review Division and WCAT Update (1:45 – 2:30)

• overview of the review nd appeal process
• practice tips for advocates
• trends

Luningning Alcuitas-Imperial — Chair, Workers’ Compensation Appeal Tribunal, Richmond
Susan Hynes — Chief Review Officer, Review Division, WorkSafeBC, Richmond

BREAK (2:30 – 2:45)

Return to Work and Vocational Rehabilitation Issues (2:45 – 3:30)

• "selective/light employment"
• employer concerns with keeping costs down vs. workers concerns about health

Jim Parker — Senior Labour Relations Officer - Workers Compensation Specialist, BC Nurses' Union, Burnaby
Melanie Vipond — Gall Legge Grant Zwack LLP, Vancouver

Worker Breakout: Medical Evidence (3:30 – 4:00)

• evidence in the Workers' Compensation system
• practical tips for drafting the most effective requests for medical evidence
• presenting medical evidence

Gail Sharma — GKS Law Firm, Burnaby

Employer Breakout: Supervision Duties Under the Act

• who is a supervisor?
• what are a supervisor's duties?
• what are an employer's duties re: supervision?
• how are supervision issues enforced?
• review of cases

Graeme Hooper — Hooper Law, Vancouver

Worker Breakout: Judicial Review Update (4:00 – 4:25)

• update on judicial review of WCAT decisions
• essential cases for worker representatives to know

Peter Eastwood — HHBG Lawyers, Vancouver

Employer Breakout: Relief of Costs

• general rule of costs
• sections of the Act
• experience rating
• how costs impact employer's rates
• resources

Dave Haralds — Executive Director, Employers' Advisers Office, Langley

Closing Comments (4:25 – 4:30)

Brad Cocke — Harris & Company LLP, Vancouver
Peter Eastwood — HHBG Lawyers, Vancouver