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

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STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSES15. The NWT Minister appoints the Appeals Tribunal. The NWT Minister appoints 2 members without having to ask for advice.Representatives of workers and employers provide advice or nominate the rest of the members. The NWT Minister gets advice fromworkers’ and employers’ groups. The Minister makes the same number of appointments from workers and employers. The NunavutMinister does not have a say in the appointment of the Appeals Tribunal. This is different from the appointment of the Board of Directors(see Question 2 above). The NWT Minister appoints a chairperson and vice-chairperson for the Appeals Tribunal on the recommendationof its members. Members are appointed for up to 3 years and may be re-appointed. The NWT Minister decides the length of theappointment.a) Shouldthe NWT Minister be able to appointmembers without a nomination by representatives ofworkers and employers?b) Shouldthe NWT Minister be able to appointmembers without the involvement of the NunavutMinister?c) Should representatives of injured workers be one ofthe groups nominating members of the AppealsTribunal?d) It has been suggested that the Chairperson of theAppeals Tribunal should be a full time position. Doyou think this is a good idea?Yes = 19No = 76Yes = 18No = 73Yes = 60No = 33Yes = 52No = 36e) Should the terms of office be set out in the Acts? Yes = 86No = 5f) If yes to (e), for how long? 1 years = 42 years = 263 years = 444 years = 45 years = 9 3 years renewableg) Should there be two Appeals Tribunals – one for Yes = 46Nunavut and one for the NWT?No = 4116. There is concern about the independence of the Appeals Tribunal. The WCB provides administrative support to the Appeals Tribunal.a) Should the Appeals Tribunal have its own supportstaff separate from the WCB administration?Yes = 63No = 36Appendix C Page C10 of C33WCB Legislative Review Panel Report December, 2001
STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSES17. There is concern about time limits for making an appeal and for having an appeal considered by the Appeals Tribunal. There are notime limits for workers or employers to make an appeal. There are no time limits for the Appeals Tribunal to hear an appeal and make adecision.a) Should there be a time limit for a worker to make anappeal?b) If yes to (a), how long after the WCB administration hasmade a decision should a worker have to file an appeal?c) If yes to (a), should the deadline be extended if there arecircumstances beyond a worker’s control that stop themfrom making an appeal within the time limit?d) Should there be a time limit for an employer to make anappeal?e) If yes to (d), how long after WCB administration hasmade a decision should an employer have to file anappeal?f) If yes to (d), should the deadline be extended if there arecircumstances beyond an employer’s control that stopthem from making an appeal within the time limit?g) Should there be a time limit on when the AppealsTribunal must hold a hearing after an appeal has beenfiled?Yes = 67No = 316 Months = 301 Year = 302 to 3 Years = 73 to 5 Years = 0More = 3Yes = 66No = 4Yes = 79No = 176 Months = 401 Year = 352 to 3 Years = 53 to 5 Years = 0More = 1 90 daysYes = 74No = 8Yes = 92No = 4h) If yes to (g), how long? 1 Month = 262 Months = 163 Months = 27More than 3 Months and less than 6 Months = 19More than 6 Months = 4Appendix C Page C11 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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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: 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 151: STAKEHOLDER QUESTIONNAIRE AND SUMMA
Page 177 and 178: SUMMARY OF ISSUES FROM PUBLIC HEARI
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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 FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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