Act Now - The Report of the WCB Legislative Review Panel to the
Act Now - The Report of the WCB Legislative Review Panel to the
Act Now - The Report of the WCB Legislative Review Panel to the
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STAKEHOLDER QUESTIONNAIRE AND SUMMARY OF RESPONSESFramework for Administration37. <strong>The</strong> <strong>Act</strong>s describe what <strong>the</strong> <strong>WCB</strong> must keep in mind when decisions are made. For example, any decisions will be made on <strong>the</strong> merits <strong>of</strong>each case and not on any o<strong>the</strong>r case. Also, when looking at evidence and medical opinions, any interpretation will be in favour <strong>of</strong> <strong>the</strong>worker. <strong>The</strong>re is concern that <strong>the</strong> <strong>Act</strong>s are not clear about what <strong>the</strong> <strong>WCB</strong> must do.a) Should decisions be based on precedent (what wasdecided in o<strong>the</strong>r cases) ra<strong>the</strong>r than on <strong>the</strong> merits <strong>of</strong> eachcase?b) If yes <strong>to</strong> (a), should this be described in <strong>the</strong> <strong>Act</strong>s? Yes = 35No = 2c) It has been suggested that <strong>the</strong>re should be a “Client Bill <strong>of</strong> Rights”? Do you think this is a good idea?Yes = 62No = 17d) If yes <strong>to</strong> (c), should a client bill <strong>of</strong> rights be described in <strong>the</strong> <strong>Act</strong>s?Yes = 62No = 8Yes = 29No = 58 Except in matters <strong>of</strong> law38. When <strong>the</strong> <strong>WCB</strong> is making decisions about an injured worker’s condition, <strong>the</strong> injured worker has <strong>to</strong> see <strong>the</strong> doc<strong>to</strong>r <strong>the</strong> <strong>WCB</strong> wants <strong>the</strong>m<strong>to</strong> see. <strong>The</strong> <strong>WCB</strong> has hired a Medical Advisor (a doc<strong>to</strong>r) <strong>to</strong> help make <strong>the</strong>se decisions. It has been suggested that <strong>the</strong> Medical Advisormay not be fair <strong>to</strong> <strong>the</strong> worker when <strong>the</strong>re are disagreements about a worker’s condition because <strong>the</strong> Medical Advisor works for <strong>the</strong><strong>WCB</strong>.a) Do you think that <strong>the</strong> injured worker should have somesay about <strong>the</strong> doc<strong>to</strong>rs who are making decisions about<strong>the</strong>ir medical condition?Yes = 73No = 19 His doc<strong>to</strong>r he sees on his own doc<strong>to</strong>r's advice and not <strong>WCB</strong> medicaladvisorSAFETY ACTSAuthority and Accountability <strong>of</strong> <strong>the</strong> Workers' Compensation Board <strong>of</strong> Direc<strong>to</strong>rs39. <strong>The</strong> responsibility for administering <strong>the</strong> Safety <strong>Act</strong> was given by <strong>the</strong> GNWT <strong>to</strong> <strong>the</strong> <strong>WCB</strong> in 1996. Before that, <strong>the</strong> terri<strong>to</strong>rialgovernment was responsible. In some provinces <strong>the</strong> government is responsible for safety; in o<strong>the</strong>rs, it is <strong>the</strong> <strong>WCB</strong>.a) Do you think <strong>the</strong> <strong>WCB</strong> should keep <strong>the</strong> responsibility foradministering <strong>the</strong> Safety <strong>Act</strong>s?Yes = 68No = 2740. It has been suggested that <strong>the</strong> Ministers responsible and <strong>the</strong> <strong>WCB</strong> need <strong>to</strong> have advice from employers and workers about workplacesafety on a regular basis.a) Should an Advisory Council on Workplace OccupationalHealth and Safety be established?Yes = 85No = 7Appendix C Page C25 <strong>of</strong> C33<strong>WCB</strong> <strong>Legislative</strong> <strong>Review</strong> <strong>Panel</strong> <strong>Report</strong> December, 2001