Workers' Compensation Law Update 2022

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

About the Course Chairs
Brad Cocke is a partner at Harris & Company LLP in Vancouver, where he assists public and private sector employers with workers' compensation, occupational health and safety, labour, employment, and human rights matters. Brad has a particular focus on, and extensive experience in, advising employers with respect to worker injury claims, compliance with OH&S laws, bullying and harassment complaints, and prohibited action complaints. In addition to his focus on workers' compensation and OH&S issues, Brad regularly advises employers on employee substance use issues, grievances, and collective agreement interpretations as they relate to day-to-day operations.

Brad enjoys interacting with his clients and learning about their business, the needs of their customers, and their goals.

Brad began working at Harris as an articling student before becoming an associate in 2013. He currently co-chair's Harris' Student Committee, where he plays an active role in the recruitment of future team members.

Peter Eastwood is a labour and employment lawyer at HHBG Lawyers in Vancouver.  Called to the bar in 2003, Peter assists employees and unions with a wide variety of workplace issues, often involving illness and disability, human rights, conduct issues and workplace investigations, professional discipline and other regulatory matters, and judicial reviews of administrative decisions relating to employment. He has extensive experience with WorkSafeBC matters, and often assists workers with claims, occupational health and safety, and appeals before the Review Division and Workers’ Compensation Appeal Tribunal. Since 2014 he has been selected by his peers to be listed in the annual editions of Best Lawyers in Canada, and since 2018 has been included in the Canadian Legal Lexpert Directory in the Employment (Employee) practice area.

Faculty
Luningning Alcuitas-Imperial — Chair, Workers' Compensation Appeal Tribunal, Richmond
Alissa Demerse — Roper Greyell LLP, Vancouver
Dave Haralds — Executive Director, Employers' Advisers Office, Langley
Graeme Hooper — Hooper Law, Vancouver
Susan Hynes — Chief Review Officer, Review Division, WorkSafeBC, Richmond
Kevin Love — Community Legal Assistance Society, Vancouver
Anthony Moffatt — Labour Rights Law Office, Coquitlam
Sarah O'Leary — Harrison O'Leary Lawyers LLP, Vancouver
Jim Parker — Senior Labour Relations Officer - Workers Compensation Specialist, BC Nurses' Union, Burnaby
Joe Pinto — Head of Claims & Rehabilitation Services, WorkSafeBC, Richmond
Gail Sharma — GKS Law Firm, Burnaby
Melanie Vipond — Gall Legge Grant Zwack LLP, Vancouver
Belden Wong — Director, Practice & Quality Support Services, WorkSafeBC, Richmond
Andrew Wood — Harris & Company LLP, Vancouver

Click here for full faculty bios

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