Act Now - The Report of the WCB Legislative Review Panel to the

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The Ministers have directed that the Panel must use this general policy base provided bythe Meredith Principles in our assessment of public input and the development of ourrecommendations.2. TransparencyThe Panel believes that transparency and accountability should be part of the workers’compensation and safety systems. We believe this starts with legislation that is clearabout intent, authorities, entitlements, responsibilities, and obligations.3. Enabling versus Prescriptive LegislationSome stakeholders told the Panel that workers’ compensation legislation should beamended to spell out as much detail as possible so there would be no question aboutinterpretation or administrative discretion. Others told the Panel that legislation shouldprovide a framework for the workers’ compensation system, with the Minister and WCBBoard of Directors filling in the details through regulation and policy.The Panel has generally adopted this latter position. However, the Panel believes that thelegislative framework must include the standards and means for holding governors andadministrators accountable for their actions.4. Adjudication versus LitigationWorkers’ compensation systems are “no fault.” That is, the systems are based on resultsrather than laying blame. Stakeholders told the Panel in many different ways that theyperceive the NWT and Nunavut workers’ compensation system as an adversarial one.The Panel does not accept that making the workers’ compensation system moreadversarial and litigious is an acceptable solution to addressing the very real problemsraised by stakeholders.WCB Legislative Review Panel Report Page 107 of 128December, 2001
5. Operational versus Legislative IssuesThe Panel is charged with expressing our views on the issues presented by stakeholders.Many of the issues presented by stakeholders are operational or administrative in nature.The Panel was struck by the numerous presentations about advisors for workers,employers, or both. We were told that stakeholders needed help in dealing with theWCB.The Panel sees this interest in stakeholder advisors as a symptom of a larger problem.Stakeholders should not need help in dealing with the administrators of the system that isthere to serve them.The Panel does not believe that legislative change alone will address the manyoperational issues raised by stakeholders. Legislation is a means to an end. It can set theframework for program entitlement or prohibited actions. A change to legislation cannotensure a change in operational attitude. In this regard, the Panel believes an operationalreview is urgently required. This review should examine the WCB in light of the manystakeholder concerns, and also the stakeholder compliments, with a view torecommending system-wide change in structure, processes, and attitudes.3.0 Workers’ Compensation ActsA Summary of RecommendationsRecommendation: 2.5 Operational Versus Legislative Issues1. It is suggested that an independent review of WCB operations be conductedimmediately.WCB Legislative Review Panel Report Page 108 of 128December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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Table Of Contents5.0 A FINAL WORD 1
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The Legislative Review Directorate
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3.0 Workers’Compensation Acts3.1
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2.0 General ThemesDuring the course
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The Panel has generally adopted the
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The Panel did receive positive comm
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wanted was to return to work and st
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2. Are there workers in specific in
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Panel feels legislation should be p
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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Legislation in 2 other jurisdiction
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The legislation in other jurisdicti
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ones held accountable for a decisio
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members may be reappointed to the W
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Some suggested that having a compen
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Recommendations: 3.4.2 Workers’ A
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The WCB Board of Directors made the
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esolutions committees, under the au
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The Appeals Tribunal must give the
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The Panel considered the establishm
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Recommendations: 3.5.5 Time Limits
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are not familiar with some of the u
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The Panel was interested in the Ont
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Workers’ compensation payments ar
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3.6.3 Year’s Maximum Insurable Re
Page 61 and 62: The Acts are very specific in some
Page 63 and 64: 3.6.5 Indexing Compensation by Comm
Page 65 and 66: 2. The legislation should be change
Page 67 and 68: The Panel considered whether the in
Page 69 and 70: The Panel heard from some stakehold
Page 71 and 72: The Acts require any employer, whet
Page 73 and 74: Respondents to the Stakeholder Ques
Page 75 and 76: The Panel agrees. We see prior cons
Page 77 and 78: 3.9.3 Authority to Make Investments
Page 79 and 80: Respondents to the Stakeholder Ques
Page 81 and 82: The duty to accommodate is not an o
Page 83 and 84: payments such as income tax or payr
Page 85 and 86: 3.13 Environmental ChangeThe Acts h
Page 87 and 88: construction permits is a matter of
Page 89 and 90: date sections, reordering the “pa
Page 91 and 92: The Panel has recommended changes t
Page 93 and 94: the WCB when it is contemplating ch
Page 97 and 98: The Panel was asked to consider rec
Page 99 and 100: No other jurisdictions regulate wor
Page 101 and 102: 4.2.5 Safety InspectionsSome stakeh
Page 103 and 104: 4.4 Employer Responsibilities4.4.1
Page 105 and 106: The Panel feels that the instrument
Page 107 and 108: Recommendation: 4.6.2 Consistency w
Page 109 and 110: others have experience as employers
Page 111: While the Panel heard positive comm
Page 115 and 116: 3. The legislation should be amende
Page 117 and 118: 3. It is suggested that the first r
Page 121 and 122: Recommendations: 3.5.5 Time Limits
Page 125 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128: Recommendation: 3.12.4 Employer Rec
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 5.0 A Final WordThe Panel has recom
Page 135 and 136: Glossary and DefinitionsAccident Fu
Page 137 and 138: Glossary and DefinitionsNet annualr
Page 139 and 140: WCB Legislative Review Panel Terms
Page 141 and 142: WCB LEGISLATIVE REVIEW PANELTERMS O
Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
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STAKEHOLDER QUESTIONNAIRE AND SUMMA
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SUMMARY OF ISSUES FROM PUBLIC HEARI
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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Key:SUMMARY OF ISSUES FROM PUBLIC H
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smoke.Key:SUMMARY OF ISSUES FROM PU
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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