Navigating Repetitive Strain Injuries (ASTDs) in the WCB Appeal System
9:00 AM - 1:00 PM PST This is a virtual event
Zoom Video Conference
This course will summarize how the WCB adjudicates repetitive strain injuries (ie: Activity-Related Soft Tissue Disorders or ASTDs). ASTDs in policy are defined as a diverse group of soft tissue disorders of the extremities which may have been caused or aggravated by employment activities. For example, Tendinopathy, Epicondylopathy, Bursitis, Carpal Tunnel Syndrome, De Quervain’s Tenosynovitis, etc., can be considered ASTDs. Generally, ASTDs develop over time and are due to repetitive work activities. Occupational diseases under s.136of the Workers’ Compensation Act are compensable if evidence demonstrates they are due to the nature of the of the worker’s employment. These claims are complex, can be the result of multiple contributing factors and the WCB often denies them. We will discuss our usual steps on appealing ASTD claim denials, including the type of evidence required, such as ergonomic risk factor assessments and medical-legal opinions.
- Law, Policy Practice Directive
- Summary of what the WCB Looks for in adjudicating ASTDs
- Types of evidence for appeal
- Workers’ Compensation Appeal Tribunal (WCAT), noteworthy cases on ASTDs
- Case law, including Judicial Reviews of WCAT decisions
Facilitators: Pamela Yong, HEU and Niki Schnurr, HEU
Pamela Yong graduated from the UBC Faculty of Law in 2001 and was called to the B.C. Bar in 2002. She practiced civil litigation in Vancouver, including personal injury, real estate, and corporate law. In 2006, she moved to Toronto and worked almost six years with a mid-sized Toronto firm specializing in class action litigation. In 2012, she moved back to her hometown of Vancouver and was employed by Teamsters Locals 213 and 231 as their in-house Workers’ Advocate. She has specialized in workers’ compensation advocacy for over seven years. She recently joined the Hospital Employees Union in 2021 and assists members with their WCB and Long-Term Disability appeals. In her spare time, she enjoys running, hiking, dancing, Muay Thai kickboxing and travelling.
Niki Schnurr joined the Hospital Employees Union WCB and Long-Term Disability Appeals team in 2021. She has previously worked with the labour law firm, Rush Crane Guenther, and as an advocate with Prisoners’ Legal Services and the UBC Indigenous Community Legal Clinic.