Arbitration Awards - Long Term Disability

BCGEU and Communities Addiction Resource Society – August 9, 2010 - WCAT award

A recreation activity worker in a residential care home was assaulted by a resident and suffered a severe psychological condition.  She was initially assessed at 40% of total disability. The WCB reduced her award to 20% deciding that she had a pre-existing condition. On appeal, the Union successfully argued for reinstatement of the 40% and an additional 3% which results in additional monthly payments for the member.

Ministry of Children and Family Development and BCGEU -
October 15, 2009 #996

The employer filed a grievance seeking repayment of a portion of the STIIP and LTD benefits paid to the member alleging a right of subrogation in relation to insurance settlement funds that had been received by the member for a motor vehicle accident. The member had received a global lump sum settlement amount with no allocation for specific heads of damage.

The arbitrator issued a lengthy award identifying principles of calculation including the formula for deduction of legal fees. The arbitration will now issue an award on the union's argument that the grievance was filed out of time.

Government of BC and BCGEU - June 13, 2008 - BCLRB B91/2008

The union applied under Section 99 seeking review of a Claims Review Committee (CRC) decision. The union argued the member was denied a fair hearing because the CRC panel relied on documents that had not been disclosed or provided to him during the hearing. The Board found in the union's favour and ordered that the matter of the member's qualification for Long Term Disability benefits will be referred to a different CRC panel.