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

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SUMMARY OF ISSUES FROM PUBLIC HEARINGSto negotiate settlements, and for binding (OS/WS), Yellowknife, 17/08/01arbitration.Key:OS – Oral SubmissionWS – Written Submission3.5.1 Review Committee:Ensure fairness, no adversarial process orcompeting rights; review decisions andproper application of policies.Provide internal, independent review.Mandatory review of every decision by anadjudicator.Get rid of Review Committee; simplifythe process.Need dispute resolution process.Replace Review Committee with aninternal review by Director, ClientServices3.5.2 Conflicting Medical Opinion:Medical Resolution Committee or systemneeded for conflicting medical opinions.‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ J. Huffman (OS), Yellowknife, 16/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ Nunavut Employees Union and theNorthern Territories Federation of Labour(OS/WS), Iqaluit, 15/05/01‣ C. Aindow (OS), Yellowknife, 28/05/01‣ Braden-Burry Expediting Services Ltd.(OS/WS), Yellowknife, 17/08/01‣ Workers’ Advisor Office (WS), 24/08/01‣ Nunavut Employees Union and theNorthern Territories Federation of Labour(OS/WS), Iqaluit, 15/05/01‣ B. Braden (OS/WS), Yellowknife,28/05/01‣ S. Lee (OS/WS), Yellowknife, 28/05/01‣ E. Brown (OS/WS), Yellowknife,28/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01‣ K. Tompkins (OS/WS), Yellowknife,Appendix DPage D6 of D25WCB Legislative Review Panel Report December, 2001
Key:SUMMARY OF ISSUES FROM PUBLIC HEARINGS28/05/01‣ Yellowknife Discussion, 28/05/01‣ Iqaluit Discussion, 15/08/01OS – Oral SubmissionWS – Written SubmissionAdjudicate medical conflicts.Medical resolution committee, underAppeals Tribunal, to review all caseswhere there is a difference of opinionbetween the medical advisor and thetreating physician.Medical review panel should beindependent.Contradictory medical judgements needto be resolved.Medical officer should only serve theWCB.Medical decisions need to be consistentand subject to review.Medical Advisor has too much authority;worker should be able to use familydoctors and specialists.Physician credentials need review.Medical conflicts need resolution.Establish a medical review panel, withappointments managed by the AppealsTribunal to ensure independence,including at least one specialist. Claimantwould need permission to appeal amedical decision to the panel. Paneldecisions would be binding on all levelsof WCB decision-making as well as onthe Appeals Tribunal.‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ Yellowknife Discussion, 16/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ J. Huffman (OS), Yellowknife, 16/08/01‣ D. Gelinas (WS), 20/08/01‣ L. Whalen (OS), Yellowknife, 16/08/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ L. Rohac (OS), Yellowknife, 17/08/01‣ M. de la Salle (OS), Yellowknife,16/08/01‣ Yellowknife Discussion, 17/08/01‣ C. Aindow (OS), Yellowknife, 29/05/01and 17/08/01‣ Workers’ Advisor Office (WS), 24/08/01Medical Advisor should discuss ‣ C. Dent (WS), 31/08/01Appendix DPage D7 of D25WCB 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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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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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 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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