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

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Recommendations: 3.5.2 Conflicting Medical Opinion1. The legislation should be changed to enable the Appeals Tribunal to require themedical assessment or examination of an injured worker.2. The legislation should be changed to require the selection of the health care providerfor a medical assessment or examination to be a joint decision of the ReviewCommittee or Appeals Tribunal and the injured worker.Recommendations: 3.5.3 Independence of the Appeals Tribunal1. The legislation should be changed to enable the Appeals Tribunal to hire or contractits own staff and professional advisors (e.g., legal and medical).2. The legislation should be changed to require the Appeals Tribunal to apply WCBBoard of Directors’ policy when applicable.3. The legislation should be changed to reinforce the application of natural justice andpresumption in favour of an injured worker by the Appeals Tribunal.4. The legislation should be changed to remove Subsection 7.7(4).Recommendations: 3.5.4 Appointments to the Appeals Tribunal1. The legislation should be changed to require advice from the Nunavut Minister on allAppeals Tribunal appointments.2. The legislation should be changed to appoint members of the Appeals Tribunal for aterm up to 3 years. The Panel urges the Minister to consider staggered terms toprovide continuity and stability on the Appeals Tribunal.3. The legislation should be changed to enable the reappointment of members of theAppeals Tribunal to a maximum of 6 consecutive years of service. Former membersmay be reappointed to the Appeals Tribunal after a 1 year break in service.4. The current provision in the Acts to enable a member of the Appeals Tribunal tocomplete their duties if an appeal has started but not finished before the expiry oftheir term should remain.WCB Legislative Review Panel Report Page 115 of 128December, 2001
Recommendations: 3.5.5 Time Limits in the Appeal Processes1. The legislation should be changed to set the following time limits for the steps in thereview and appeal processes:a) From the time a request for review is received, the Review Committee has up to30 days to hold a review hearing.b) The Review Committee shall make a decision and issue its report within 7 daysafter conclusion of the review hearing.c) From the time the WCB receives the report of the Review Committee, it has up to30 days to implement the decision.d) From the time a request for appeal is received, the Appeals Tribunal has up to 60days to hold an appeal hearing.e) The Appeals Tribunal shall make a decision and issue its report within 30 days.f) From the time the WCB receives the report of the Appeals Tribunal, it has up to30 days to implement the decision.2. The legislation should be changed to enable an appellant to request a delay by theReview Committee and Appeals Tribunal in holding a hearing. If the appeals bodydoes not agree to the delay, the appellant may withdraw their request for review orappeal without prejudice and resubmit it at a later date. The time limits on theappeals process recommence on the date of resubmission.Recommendation: 3.5.6 Exclusive Jurisdiction of the Appeals Tribunal1. The legislation should be changed to limit the exclusive jurisdiction of the AppealsTribunal should natural justice be denied or should the Appeals Tribunal exceed itsjurisdiction.Recommendations: 3.6.1 Compensable Injuries and Industrial Diseases1. The legislation should be changed to define injury or work-related injury.WCB Legislative Review Panel Report Page 116 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
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3.6.5 Indexing Compensation by Comm
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2. The legislation should be change
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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
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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 95 and 96: 4. The legislation should be change
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 and 114: 5. Operational versus Legislative I
Page 115 and 116: 3. The legislation should be amende
Page 117 and 118: 3. It is suggested that the first r
Page 119: 2. The legislation should be change
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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