Policy Update 01-23 | Workers Compensation Board of Manitoba

21.10.40, Expenses for attendance at Appeal Hearings:

Effective January 1, 2023, the kilometre rate decreased from $0.51 to $0.49. Meal allowances were also increased.

21.50, Information Protection, Access and Disclosure:

New policy approved by Board Order No. 30/22 on September 29, 2022 effective January 1, 2023. This replaces three previous policies, repealed effective January 1, 2023; 21.50.10, Disclosure of File Information, 21.50.40, Disclosure of File Information - Employer Access, and 21.50.50, Release of Statistical Information.

21.50.10, Disclosure of File Information:

Policy repealed by Board Order No. 30/22 on September 29, 2022 effective January 1, 2023. Policy is replaced by 21.50, Information Protection, Access and Disclosure.

21.50.40, Disclosure of File Information - Employer Access:

Policy repealed by Board Order No. 30/22 on September 29, 2022 effective January 1, 2023. Policy is replaced by 21.50, Information Protection, Access and Disclosure.

21.50.50, Release of Statistical Information:

Policy repealed by Board Order No. 30/22 on September 29, 2022 effective January 1, 2023. Policy is replaced by 21.50, Information Protection, Access and Disclosure.

31.05.05, Rate-Setting Model for Class E Employers:

Appendix D - Glossary of Terms updated effective January 1, 2023 to reflect changes made to Policies 31.05.10, Cost Relief/Cost Transfer - Class E Employers and 31.05.15, Cost Transfer - Individually Assessed Employers.

31.05.10, Cost Relief/Cost Transfer - Class E Employers:

Policy was revised by Board Order No. 41/22 on December 15, 2022 effective for all decisions on or after January 1, 2023. Policy changes include expanding the criteria for the removal of claim costs in some cases, and narrowing or clarifying them in others.

31.05.15, Cost Transfer - Individually Assessed Employers:

Policy was revised by Board Order No. 41/22 on December 15, 2022 effective for all decisions on or after January 1, 2023. Policy changes include clarifying that cost transfer is mandatory when the criteria in the various schedules have been met; providing cost transfer for situations where a worker's psychological injury is caused by exposure to a series of traumatic events with more than one employer; and raising and indexing annually the dollar threshold applicable before the WCB would provide cost transfer for claims involving negligence.

31.05.20, Transfer of Assessment Rates and Claim Costs Experience on Change of Ownership:

Appendix A - Glossary of Terms updated effective January 1, 2023 to reflect changes made to Policies 31.05.10, Cost Relief/Cost Transfer - Class E Employers and 31.05.15, Cost Transfer - Individually Assessed Employers.

35.10.60, Coverage Under a Work Experience Program:

Policy amended by Board Order No. 15/22 on June 21, 2022, effective for accidents on or after January 1, 2023. Consequential changes made to the policy include clarifying the long-term loss of earning capacity threshold; referencing a new category of workers "working students", and the new title of the amended policy 44.80.30.30, Prospective Earnings - Apprentices and Youthful Workers, which is now the Determining Average Earnings for Apprentices, Youthful Workers and Working Students Policy. Current policy 35.10.60, Coverage Under a Work Experience Program, will be archived and applies to accidents from January 1, 2006 to December 31, 2022 and any reconsiderations and appeals on these claims.

35.10.70, Coverage for Volunteers:

Policy amended by Board Order No. 15/22 on June 21, 2022, effective for accidents on or after January 1, 2023. Consequential changes made to the policy include clarifying that the WCB applies the specific adjustment provisions to the worker's average earnings that best reflect their characteristics and circumstances when the worker is eligible for more than one adjustment to their average earnings; and referencing the new title of the amended policy 44.80.30.30, Prospective Earnings - Apprentices and Youthful Workers, which is now the Determining Average Earnings for Apprentices, Youthful Workers and Working Students Policy. Current policy 35.10.70, Coverage for Volunteers, will be archived and applies to accidents from January 1, 2006 to December 31, 2022 and any reconsiderations and appeals on these claims.

35.20.15, Associated Employers:

Appendix A - Glossary of Terms updated effective January 1, 2023 to reflect changes made to Policies 31.05.10, Cost Relief/Cost Transfer - Class E Employers and 31.05.15, Cost Transfer - Individually Assessed Employers.

44.05, Arising Out of and in the Course of Employment:

Policy amended by Board Order No. 28/22 on September 29, 2022 effective January 1, 2023. The amendments more closely align the policy to The Workers Compensation Act and more clearly explain the application of the presumption in section 4(5) of the Act and remove references to several repealed policies.

44.05, Arising Out of and in the Course of Employment - Administrative Guidelines:

Administrative Guidelines established in response to the repeal of policies 44.05.20, General Premises; 44.10.30.10, Drunkenness and Intoxication; 44.10.30.30, Serious and Willful Misconduct; 44.10.50.10, Transportation Controlled by Employer; 44.10.50.50, Travelling on the Job; 44.10.50.60, Special Assignment Coverage; 44.10.60.40, Accidents Occurring in Lunchrooms; and 44.10.70.50, Public Interest Emergency Actions. By repealing these policies and retaining their advice in guidelines, the process for determining whether an injury is related to employment is simplified, while fundamental legislative principles will remain the primary focus.

44.05.20, General Premises:

Policy repealed by Board Order No. 29/22 on September 29, 2022 effective January 1, 2023. The repeal of this policy accompanies the establishment of Administrative Guidelines for Policy 44.05, Arising Out of and in the Course of Employment and will simplify the process for determining whether an injury is related to the employment, while keeping the process closely aligned to the legislation.

44.10.20.10, Pre-existing Conditions:

Policy updated by Board Order No. 40/22 on December 15, 2022, effective for decisions on or after January 1, 2023. Revisions include clarifying that workers are entitled to compensation when a pre-existing condition contributes to the severity of a workplace injury or significantly prolongs their recovery; and how a worker's impairment rating is determined when they have a pre-existing condition. Changes also state, in plain language, that compensation is payable to workers when the workplace injury worsens their pre-existing condition; and wage loss benefits will continue to be paid to the worker if the loss they are experiencing is, to some degree, due to their work-related injury. References and a brief explanation of the additional policies relevant to the payment of compensation for claims involving pre-existing conditions were added to the policy.

44.10.20.60, Recurring Effects of Injuries and Illnesses (Recurrences):

Policy 31.05.10, Cost Relief/Cost Transfer - Class E Employers, was revised by Board Order No. 41/22 on December 15, 2022 effective for all decisions on or after January 1, 2023. As a result, a consequential change was made to this policy to clarify that cost relief is mandatory when the criteria in the various schedules in policy 31.05.10 have been met.

44.10.30.10, Drunkenness and Intoxication:

Policy repealed by Board Order No. 29/22 on September 29, 2022 effective January 1, 2023. The repeal of this policy accompanies the establishment of Administrative Guidelines for Policy 44.05, Arising Out of and in the Course of Employment and will simplify the process for determining whether an injury is related to the employment, while keeping the process closely aligned to the legislation.

44.10.30.30, Serious and Willful Misconduct:

44.10.50.10, Transportation Controlled by Employer:

44.10.50.50, Travelling on the Job:

44.10.50.60, Special Assignment Coverage:

44.10.60.40, Accidents Occurring in Lunchrooms:

44.10.70.50, Public Interest Emergency Actions:

44.10.80.40, Secondary Injury:

Policy 31.05.10, Cost Relief/Cost Transfer - Class E Employers, including Schedule C - Secondary Injury, was revised by Board Order No. 41/22 on December 15, 2022 effective for all decisions on or after January 1, 2023. As a result, consequential changes were made to this policy. Injuries that are part of the normal course of treatment or recovery, including known or expected complications, do not constitute secondary injuries. Cost relief is mandatory when the criteria in the various schedules in policy 31.05.10 have been met.

44.30.60, Notice of Change in Benefits or Services:

Policy amended by Board Order No. 15/22 on June 21, 2022, effective for accidents on or after January 1, 2023. A consequential policy change clarified the long-term loss of earning capacity threshold. This time period includes any week in a month in which full or partial wage loss benefits have been paid to the worker. Current policy 44.30.60, Notice of Change in Benefits or Services, will be archived and applies to initial decisions from July 1, 1996 to December 31, 2022 and any reconsiderations and appeals.

44.80.10.10, Average Earnings:

Policy was amended by Board Order No. 15/22 on June 21, 2022 effective for all decisions on or after January 1, 2023. Changes to the policy include adjusting a worker's average earnings to reflect a likely future change in earnings due to an upcoming change of job or new job; applying the specific adjustment provisions to the worker's average earnings that best reflect their characteristics and circumstances when the worker is eligible for more than one adjustment to their average earnings; and referencing the new title of the amended policy 44.80.30.30, Determining Average Earnings for Apprentices, Youthful Workers and Working Students. Current policy 44.80.10.10, Average Earnings, will be archived and applies to decisions from January 1, 2022 to December 31, 2022 and any reconsiderations and appeals.

44.80.30.30, Determining Average Earnings for Apprentices, Youthful Workers and Working Students:

Policy amended by Board Order No. 15/22 on June 21, 2022, effective for accidents on or after January 1, 2023. Changes to the policy include establishing a new category of workers "working students" who, regardless of age, would be eligible for similar average earnings adjustments as "youthful workers"; applying the specific adjustment provisions to the worker's average earnings that best reflect their characteristics and circumstances when the worker is eligible for more than one adjustment to their average earnings; clarifying the long-term loss of earning capacity threshold; and referencing policy 43.00, Vocational Rehabilitation. Current policy 44.80.30.30, Prospective Earnings - Apprentices and Youthful Workers, will be archived and applies to accidents from January 1, 2006 to December 31, 2022 and any reconsiderations and appeals on these claims.

44.80.30.35, Determining Average Earnings for Declared Workers:

Policy amended by Board Order No. 15/22 on June 21, 2022, effective for accidents on or after January 1, 2023. Consequential changes made to the policy include clarifying the long-term loss of earning capacity threshold; applying the specific adjustment provisions to the worker's average earnings that best reflect their characteristics and circumstances when the worker is eligible for more than one adjustment to their average earnings; and referencing the new title of the amended policy 44.80.30.30, Determining Average Earnings for Apprentices, Youthful Workers and Working Students. Current policy 44.80.30.35, Determining Average Earnings for Declared Workers, will be archived and applies to accidents from January 1, 1992 to December 31, 2022 and any reconsiderations and appeals on these claims.

44.90.10, Permanent Impairment Rating:

Policy 44.10.20.10, Pre-existing Conditions, was revised by Board Order No. 40/22 on December 15, 2022 effective for all decisions on or after January 1, 2023. As a result, consequential changes were made to this policy. These revisions include clarifying how a worker's impairment is determined when they have a pre-existing condition; using gender-neutral language; and eliminating references to specific WCB departments or staff. These same revisions were made to Schedule A. Multiple explanations of the process the WCB uses to determine a worker's impairment rating when they have a pre-existing condition were eliminated as were the ratings for laryngeal and gastrointestinal cancers in this schedule.

If you have any questions regarding your Policy and Procedures Manual, please email policy@wcb.mb.ca