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

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3.0 Workers’ Compensation ActsThis section of the report describes the issues related to the Workers’ Compensation Acts.Both the NWT and Nunavut Legislative Assemblies have enacted a Workers’Compensation Act. These Acts mirror each other with only a few minor differences thatdo not affect the type of workers’ compensation system in the 2 territories. To keep itsimple, all references to sections or subsections in the Acts are to the Workers’Compensation Act of the Northwest Territories.For each issue, there is a description of the issue followed by the Panel’s findings and anyrecommendations.3.1 The FundamentalsThis section addresses those issues that the Panel feels are fundamental to our review andsubsequent recommendations for legislative change.3.1.1 The Purpose of the ActsMany stakeholders suggested to us during our public hearings that the purpose of the Actsneeds to be spelled out in legislation. The majority of respondents to the StakeholderQuestionnaire agreed.The 2 major reasons given for including the purpose of the Acts as a preamble to the bodyof the legislation were: It provides a clear message about what the Acts are intended to do and why. It provides direction to those making decisions and administering the Acts.The Panel accepts the advice of stakeholders. The question we then had to answer was,“What is the purpose of the Acts?” The Panel examined the Meredith Principles in lightof changes in the general workers’ compensation environment. The Panel identified theincreased importance and emphasis on safe workplaces and work practices. The Panelwas also struck by the presentations of many injured workers who told us that what theyWCB Legislative Review Panel Report Page 11 of 128December, 2001
wanted was to return to work and stressed the importance of vocational rehabilitation inhelping them to do so.The Panel noted that compensation has changed over time. Initially, compensation wasseen as financial payments and medical treatment. Over time, vocational rehabilitationhas become an equally important element of compensation.Injured workers described workers’ compensation as something to which they areentitled. This entitlement stems from workers’ relinquishing their right to sue employers.The Panel accepts that description.Subsection 7(5) describes the “standard of proof”, or basis for making decisions, to beused by the WCB when administering the Acts. A key portion of that clause states thatthe WCB “shall from the circumstances of the case, the evidence adduced and medicalopinions draw all reasonable inferences and presumptions in favour of the worker.”Injured workers repeatedly stated they felt that they had to prove or actively pursue theirentitlement to compensation under the Acts with the WCB administration and AppealsTribunal.Workers’ comments are directed to operational matters outside the Panel’s purview.However, the “presumption in favour of the worker”, or simply put, giving the benefit ofdoubt to the worker, is legislative direction about how decisions will be made in theadministration of the Acts. In the Panel’s opinion, this direction to administrators isimportant enough that it should be highlighted in a statement of purpose.Recommendations: 3.1.1 The Purpose of the Acts1. The legislation should be amended to include a statement of purpose that describesthe intent of the legislation and provides direction on its administration.2. The statement of purpose should include the following elements:WCB Legislative Review Panel Report Page 12 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 and 14: The Panel has generally adopted the
Page 15: The Panel did receive positive comm
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
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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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5. Operational versus Legislative I
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3. The legislation should be amende
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3. It is suggested that the first r
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Recommendations: 3.5.5 Time Limits
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Recommendation: 3.7.3 Rewarding Saf
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Recommendation: 3.12.4 Employer Rec
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Regulations (see also Recommendatio
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5.0 A Final WordThe Panel has recom
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Glossary and DefinitionsAccident Fu
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Glossary and DefinitionsNet annualr
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WCB Legislative Review Panel Terms
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WCB LEGISLATIVE REVIEW PANELTERMS O
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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
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SUMMARY OF FORMAL PRESENTATIONS AND
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