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

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Recommendations: 3.1.1 The Purpose of the Acts1. The legislation should be amended to include a statement of purpose that describesthe intent of the legislation and provides direction on its administration.2. The statement of purpose should include the following elements:a) The ultimate public policy objective is safe workplaces and safe work practices asgoverned by the Safety Acts and Mine Health and Safety Acts.b) Even with the best of intentions, work-related accidents happen, or workersacquire industrial diseases.c) To address the impact on injured workers and their dependants, there exists a nofault system of compensating injured workers and the dependants of deceasedworkers.d) Compensation is available to:(i) get an injured worker back to work that they are able and capable ofperforming;(ii) mitigate the effects of a work-related injury or disease on the worker’squality of life through compensation; and(iii) provide for the dependants of deceased workers.e) Compensation includes financial, medical, and vocational rehabilitationcompensation.f) The legislation shall be administered with a presumption in favour of the injuredworker and by applying the principles of natural justice.g) The Accident Fund, which provides for the compensation system, must besustained in a manner that recognizes risk and safe work practices.Recommendations: 3.1.2 Definition of Worker1. The legislation should be amended to include reference to an employmentrelationship. Ontario’s legislation should be considered in this regard.2. The legislation should be amended to consolidate the definition of a worker so that allinclusions and exclusions are found in the same section.WCB Legislative Review Panel Report Page 109 of 128December, 2001
3. The legislation should be amended to simplify the definition of a worker and includeall persons receiving a regular paycheque from an employer. and if necessary forgreater certainty, should specifically include learners.4. The legislation should continue to provide independent operators with the option ofapplying for coverage under the Acts. The legislation should be amended to requirethe WCB to accept an application for coverage from an independent operator.5. The legislation should be amended as required to ensure that employers are notassessed for independent contractors who choose not to apply for coverage under theActs.6. The legislation should be amended such that all volunteers that are called upon inemergencies (e.g., firefighters, ambulance drivers, mine rescue workers, thoseproviding assistance to civil or police authorities in a declared emergency) arecovered under the Acts. The legislation should be further amended to confirm thatcoverage begins when these volunteers leave their home on their way to theemergency. There should not be a change to legislation to levy assessments for thiscategory of volunteers.7. The legislation should be amended to require the WCB to approve applications fromorganizations wishing to pay assessments for coverage of their volunteers.Recommendations: 3.1.3 Definition of Employer1. Consideration should be given to using the term “sole proprietor” in place of“independent operator” in the Acts.2. The legislation should be amended to include reference to an employmentrelationship with workers in the definition of employer.3. Consideration should be given to reducing the list of entities (e.g., firm, association,body) that could be employers in the definition of employer.WCB Legislative Review Panel Report Page 110 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
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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
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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 and 112: While the Panel heard positive comm
Page 113: 5. Operational versus Legislative I
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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