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

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STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESd) Should the Acts describe how the employers’ advisor getsthe job?e) Should there be an EAO in both the NWT and inNunavut?f) If yes to (e), should the Acts describe the requirement foran EAO in both the NWT and in Nunavut?g) How should the EAO report on its activities so peoplewill know if it is doing a good job? Please check thosethings that apply.h) Should the reporting requirements for the EAO bedescribed in the Acts?11. Instead of advisors for workers, and perhapsemployers, should there be a “compensation advisorsoffice” that helps both workers and employers?Yes = 55No = 18 Should be PolicyYes = 56No = 16Yes = 52No = 10 Should be PolicyNo formal report necessary = 3Regular reports to the Ministers responsible = 43Regular reports to the WCB Board of Directors = 41 Open forum on report such as accessible on the web site 4 x Available to the public. 3 x Report to employers Report to hiring authority Survey employers who use their service Report to Chamber of Commerce 3 x Report to Labour representatives 3 x Printed info to stakeholders Audit and annual independent review by another contractor Tabled in the Legislative AssemblyYes = 64No = 9Yes = 48No = 47 Only if there is no conflict. Let the WCB do its job and focus on workers and employers.Review and Appeal Process12. The first step in the appeal process is an examination of decisions made by WCB staff by an internal Review Committee. There isconcern that the internal committee is not objective. If workers or employers are not satisfied with the Review Committee’s decisions, theymay then appeal the decision to the Appeals Tribunal.This is the second step in the process.Appendix C Page C8 of C33WCB Legislative Review Panel Report December, 2001
STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESa) Should the first step in the appeals process, the ReviewCommittee, be removed?b) If yes to (a), should a dispute resolution process thatbrings in an outside mediator be required before anappeal is filed?c) If yes to (b), should the dispute resolution process comeunder the Appeals Tribunal?Yes = 40No = 53 Elimination may cause longer waits for basic claims.Yes = 39No = 12 2 x Adjudicate not negotiate 2 x Independent of WCBYes = 29No = 13 Cannot have an appellate function compromised by this combination.13. When the Appeals Tribunal is making their decision, they cannot make a decision that does not follow WCB Board of Director’sPolicies. For example, it doesn’t matter if the Appeals Tribunal thinks the WCB Board of Director’s Policy is wrong, it cannot change aWCB decision if the WCB has followed Policy. It has been suggested that the Appeals Tribunal should be able to make decisions thatchange WCB Policy.a) Do you think this is a good idea? Yes = 55No = 39 Should be able to recommend policy change Absolutely14. There are times that a worker’s doctor, the WCB doctors or doctors who are experts in a certain field disagree about a workers’medical condition. It has been suggested there needs to be a way to resolve these disagreements in a way that is fair.a) Ithas been suggested a medical resolutionscommittee be established. Do you think this is agood idea?b) If yes to (a), do you think having a medicalresolutions committee come under the AppealsTribunal would ensure fairness?c) If a medical resolutions committee is established,should the committee’s decision about the medicalcondition of a worker be final and be used asevidence during any dispute resolution process orappeal?Yes = 83No = 15Yes = 71No = 14 2 x Independent Should not have wait to this level before the committee is employed.Cannot compromise the appellate role by creating new evidence at this stageYes = 72No = 15Appendix C Page C9 of C33WCB Legislative Review Panel Report December, 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
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The Panel heard from some stakehold
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The Acts require any employer, whet
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Respondents to the Stakeholder Ques
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The Panel agrees. We see prior cons
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3.9.3 Authority to Make Investments
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Respondents to the Stakeholder Ques
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The duty to accommodate is not an o
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payments such as income tax or payr
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3.13 Environmental ChangeThe Acts h
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construction permits is a matter of
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date sections, reordering the “pa
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The Panel has recommended changes t
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the WCB when it is contemplating ch
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4. The legislation should be change
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The Panel was asked to consider rec
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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: 2. The legislation should be change
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
Page 149: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 177 and 178: SUMMARY OF ISSUES FROM PUBLIC HEARI
Page 183 and 184: Key:SUMMARY OF ISSUES FROM PUBLIC H
Page 193 and 194: Key:SUMMARY OF ISSUES FROM PUBLIC H
Page 199 and 200: smoke.Key:SUMMARY OF ISSUES FROM PU
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SUMMARY OF ISSUES FROM PUBLIC HEARI
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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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