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

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2.5 Operational Versus Legislative IssuesThroughout the course of our public consultation phase, the Panel heard fromstakeholders about many administrative or operational problems. Our terms of referencemake it clear that the Panel will not review the operations, internal organization, orservice levels of the WCB. The Panel has not conducted any such review.Our terms of reference do charge the Panel with reporting on the results of ourconsultation process and expressing our views on the issues presented by stakeholders.Throughout this report, the Panel will report on issues that can be described asoperational. We have also offered suggestions about how our recommendations relatedto legislative change might be implemented.The Panel was struck by the numerous presentations or submissions about advisors forworkers, employers, or both. There were strong feelings expressed about the need foradvisors to help stakeholders, particularly injured workers. We were told stakeholdersneeded help in dealing with the WCB – help that ranged from gaining access to theworkers’ compensation system, to dealing with appeals of decisions of the WCBadministration. Most submissions or presentations asked the Panel to recommendlegislating a role for stakeholder advisors and broadening the role and responsibilities ofthe Workers’ Advisor Office (WAO).The Panel sees the interest in stakeholder advisors as a symptom of a larger problem. Wewere told time and again that WCB administration was not treating injured workers withrespect or dignity. We were told that WCB administration was not providingstakeholders with the information they needed to understand the compensation systemand to access the benefits to which they are entitled. We were told that the hopes ofrecovering workers were raised with prospects of new career paths only to have thosehopes dashed when retraining was not available under policy. We were told of injuredworkers having to prove the competence of their doctors to express an opinion about thestatus of their recovery.WCB Legislative Review Panel Report Page 9 of 128December, 2001
The Panel did receive positive comments from stakeholders about their dealings with theWCB. This was encouraging. But, in the Panel’s view, it should be the norm. What thePanel heard tells us that the workers’ compensation system has become an adversarialone between stakeholders and the WCB.The Panel does not believe that legislative change alone will address the manyoperational issues raised by stakeholders. As stated earlier, the Panel views legislation asa means to an end. It simply sets the framework for program entitlement or prohibitedactions. A change to legislation cannot ensure a change in operational attitude.The Panel believes that a constructive review of WCB operations is required. Thisreview should examine the WCB in light of the many stakeholder concerns, and alsostakeholder compliments, with a view to recommending system-wide change in structure,processes, and attitudes. The Panel believes such an operational review is of utmostimportance and should be conducted immediately, prior to the enactment of anylegislative changes arising from this report.Recommendation: 2.5 Operational Versus Legislative Issues1. It is suggested that an independent review of WCB operations be conductedimmediately.WCB Legislative Review Panel Report Page 10 of 128December, 2001
Page 1 and 2: Accountable…to stakeholdersCompen
Page 3 and 4: Table Of Contents3.4.3 Employers’
Page 5 and 6: Table Of Contents5.0 A FINAL WORD 1
Page 7 and 8: The Legislative Review Directorate
Page 9 and 10: 3.0 Workers’Compensation Acts3.1
Page 11 and 12: 2.0 General ThemesDuring the course
Page 13: The Panel has generally adopted the
Page 17 and 18: wanted was to return to work and st
Page 19 and 20: 2. Are there workers in specific in
Page 21 and 22: Panel feels legislation should be p
Page 23 and 24: 3.2 WCB Authority and Accountabilit
Page 25 and 26: WCB Board of Directors may chose to
Page 27 and 28: 3.2.6 Regular Reviews of the Worker
Page 29 and 30: Recommendations: 3.2.8 Liability Pr
Page 31 and 32: Legislation in 2 other jurisdiction
Page 33 and 34: The legislation in other jurisdicti
Page 35 and 36: ones held accountable for a decisio
Page 37 and 38: members may be reappointed to the W
Page 39 and 40: Some suggested that having a compen
Page 41 and 42: Recommendations: 3.4.2 Workers’ A
Page 43 and 44: The WCB Board of Directors made the
Page 45 and 46: esolutions committees, under the au
Page 47 and 48: The Appeals Tribunal must give the
Page 49 and 50: The Panel considered the establishm
Page 51 and 52: Recommendations: 3.5.5 Time Limits
Page 53 and 54: are not familiar with some of the u
Page 55 and 56: The Panel was interested in the Ont
Page 57 and 58: Workers’ compensation payments ar
Page 59 and 60: 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 95 and 96:
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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 and 120:
Page 121 and 122:
Recommendations: 3.5.5 Time Limits
Page 123 and 124:
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Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128:
Recommendation: 3.12.4 Employer Rec
Page 129 and 130:
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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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
Page 205:
SUMMARY OF FORMAL PRESENTATIONS AND
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