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

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STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESAccident Fund34. The Accident Fund is the fund where the assessments paid by employers and other monies, such as investment income, go to pay for theworkers’ compensation system and administration of the Safety Act. The Accident Fund is “fully funded”. Fully funded means that thereis enough money in the Accident Fund to pay the current and future compensation now owing to workers who have been injured and topay for administration of the workers’ compensation and safety systems. It has been suggested that the Accident Fund should always befully funded. There is also concern that since the money in the Accident Fund comes from employers, government should never be able totell the WCB Board of Directors how to invest the money.a) Should the Acts say that the Accident Fund must alwaysbe fully funded?b) Should the Acts specifically stop government from tellingthe WCB Board of Directors how to invest money fromthe Accident Fund?Yes = 85No = 8Yes = 56No = 31Access to Information35. The Acts describe who can or cannot get information from the WCB about workers or employers. There is concern about gettinginformation about Review Committee and Appeals Tribunal decisions. For example, the Acts do not say how the Workers’ Advisor Office(WAO) gets information like the files of injured workers. There is concern about the difficulty in getting information about WCBprocedures and decisions of the WCB Board of Directors.a) Should the minutes of the WCB Board of Directors’meetings be available to the public?Yes = 81No = 16 Yes except for in camera sessionsb) If yes to (a), should there be exceptions for things like legal advice or discussions on staff matters?Yes = 64No = 18c) If yes to (a), should access to the minutes be in the legislation?Yes = 70No = 8d) Should the WAO be able to get information from an injured worker's file without their permission?Yes = 21No = 74e) Should the way WAO gets information from the WCB be described in the Acts?Yes = 88No = 6f) Should information about Review Committee and Yes = 74Appeals Tribunal decisions be available to the public? No = 22g) If yes to (f), should this be described in the Acts? Yes = 75No = 5Appendix C Page C22 of C33WCB Legislative Review Panel Report December, 2001
STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESh) If no to (f), should an injured worker and the WAO beable to get information about Review Committee andAppeals Tribunal decisions?Yes = 35No = 2i) If yes to (h), should this be described in the Acts? Yes = 47No = 6j) If yes to (a), (d), (f) or (h), should a time limit be placedon when the information must be made available?k) If yes to (j), should the time limits be described in theActs?Yes = 76No = 8Yes = 75No = 3Employer Responsibilities36. There is concern that employers do not have to “accommodate” or re-employ an injured worker in the same job, or another job thatthey can do, after the worker recovers from a workplace injury or illness. There is also concern that this “duty to accommodate” an injuredworker would not be possible for small employers. There is concern that the Acts do not stop an employer from firing a worker because of aworkplace injury.a) Shouldthe Acts be changed to make employersre-employ a worker?b) If yes to (a), should only large employers have tore-employ workers?c) If yes to (b), how many employees must a “large”employer have?d) Ifyes to (a), should employers only have toaccommodate employees that have been with them for acertain length of time?e) If yes to (d), how long should an employee have workedfor an employer before they have to be accommodated?Yes = 48No = 42 Depends on the length of time offYes = 30No = 2820 full time employees =1920 to 25 full time employees = 525 to 30 full time employees = 1More than 30 full time employees = 9Yes = 32No = 24 Past probationLess than 6 months = 36 months to 1 year = 181 year = 62 years = 8 5 years No limit More than 5 years (for small businesses)Appendix C Page C23 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
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4.2.5 Safety InspectionsSome stakeh
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4.4 Employer Responsibilities4.4.1
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The Panel feels that the instrument
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Recommendation: 4.6.2 Consistency w
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others have experience as employers
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While the Panel heard positive comm
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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
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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
Page 203 and 204: SUMMARY OF FORMAL PRESENTATIONS AND
Page 205: SUMMARY OF FORMAL PRESENTATIONS AND
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