Interim relief

By Gerald

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Contrary to what WCB suggests as a new policy, interim relief has been directed by the Courts (Patrus) and the Appeals Commission. WCB through legislation also has discretion to provide interim relief while a medical investigation is being conducted. Section 38 (4) of the WCA and have never done so. To leave interim relief up to a Case Manager who is not an expert on law, policies or medicine would be a disaster. What would a Case Manager know about whether a claim had a reasonable chance of success?

What would be the point of going through the appeals process, not be provided interim relief and then having the Appeals Commission or the Courts overturn the decision of the Case Manager which could take at least three or more years and in the meantime during the appeals process a worker is left destitute. In my humble opinion, interim relief has to be made mandatory beginning from the time a claim is filed to the time  worker has went through the appeals process. It is far better to error on the side of a worker than it is to deny interim relief and then have the decision of the Case Manager overturned by the Appeals Commission or the Courts.

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