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

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SUMMARY OF ISSUES FROM PUBLIC HEARINGSdifferences of opinion with otherphysicians. If necessary, a medical panelcould be convened to make a finaldecision, not appealable. (Consult NWTMedical Association for process.)Key:OS – Oral SubmissionWS – Written Submission3.5.3 Independence of the AppealsTribunal:Maintain independence; Board should notappoint members.Need an impartial third party.Board should only provide administrativesupport.There is bias within the WCB and theAppeals Tribunal.Create independent, professional AppealsTribunal, separate from WCB offices.Appeals process should be completelyseparate from the WCB, administered bythe Department of Justice.‣ Rankin Inlet Discussion, 16-18/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ Braden-Burry Expediting ServicesLtd.(OS/WS), Yellowknife, 17/08/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01‣ J. Huffman (OS), Yellowknife, 16/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ Northern Territories Federation of Labour(OS/WS), Yellowknife, 29/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ Workers’ Advisor Office (WS), 24/08/01‣ C. Dent (WS), 31/08/013.5.4 Appointments to the AppealsTribunal:Board should not appoint members. ‣ Rankin Inlet Discussion, 16-18/05/01Two members from Council for DisabledPersons or other body; labourrepresentatives chosen from Federation ofLabour submission.Appointments should balancestakeholders, follow their input.Appointment by Board means Appeals‣ Northern Territories Federation of Labour(OS/WS), Yellowknife, 29/05/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01‣ Braden-Burry Expediting Services Ltd.Appendix DPage D8 of D25WCB Legislative Review Panel Report December, 2001
SUMMARY OF ISSUES FROM PUBLIC HEARINGSTribunal is not impartial. (OS/WS), Yellowknife, 17/08/01Key:OS – Oral SubmissionWS – Written SubmissionMinister should appoint based on meritfirst, then stakeholder nominations.Appoint a full-time chair. Appoint moremembers to reduce delays.3.5.5 Time Limits in the AppealProcesses:Implement decisions within 30 days.Set time limit on filing appeals.Set time limit, but not under 60 days;Panel could extend it. Time hearings onurgency and other factors, not first comefirst served. Render decisions within 45days.Minimum response time should be set forany decision: 3 months to hearing, 2weeks from hearing to written decision.Process is too long.Decisions must be implemented. Delaysmay result from Appeals Tribunal andWCB having different interpretations.Implementation should not be delayed.‣ Workers’ Advisor Office (WS), 24/08/01‣ Northern Territories Federation of Labour(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‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ Canadian Federation of IndependentBusiness (WS), 21/06/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ Northern Territories Federation of Labour(OS/WS), Yellowknife, 29/05/01‣ J. Huffman (OS), Yellowknife, 16/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01Speed up process. ‣ Rankin Inlet Discussion, 16-18/05/01Improve timeliness of decisions andcommunication.Delays cost claimants in assets and equity.‣ Effie Brown (OS/WS), Yellowknife,28/05/01‣ Iqaluit Discussion, 15/08/01Appendix DPage D9 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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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
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Page 143 and 144: STAKEHOLDER QUESTIONNAIRE AND SUMMA
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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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