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

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Key:SUMMARY OF ISSUES FROM PUBLIC HEARINGS‣ Yellowknife Discussion 16/08/01OS – Oral SubmissionWS – Written SubmissionAppeals require time and money, limitingaccess of small businesses; set reasonabletime limits. Ensure no delays in receivingdecisions.Do not set time limits on filing appeals.3.5.6 Exclusive Jurisdiction of theAppeals Tribunal:Agree, unless there is an error in fact orlaw.Do not file decisions in court.Appeal to Supreme Court potentiallycreates a loop as Court can onlyrecommend rehearing by AppealsTribunal. Court should be allowed tomake a final decision.Decisions should be appealable to theSupreme Court of the NWT or the Courtof Justice in Nunavut, based onestablished principles of AdministrativeLaw.3.5.7 Award of Costs:Make provision for this.3.5.8 Outstanding Appeals:Must be dealt with; need way to deal with“unmanageable cases.”A special committee should review longstandingclaims, membership to includerepresentatives from labour, injuredworkers, business and WCB.‣ Braden-Burry Expediting Services Ltd.(OS/WS), Yellowknife, 17/08/01‣ Workers’ Advisor Office (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‣ Braden-Burry Expediting Services Ltd.(OS/WS), Yellowknife, 17/08/01‣ Workers’ Advisor Office (WS), 24/08/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ B. Braden (OS/WS), Yellowknife,28/05/01‣ Northern Territories Federation of Labour(WS), 23/08/01Appendix DPage D10 of D25WCB Legislative Review Panel Report December, 2001
SUMMARY OF ISSUES FROM PUBLIC HEARINGS3.5.9 Use of Appeals Tribunals in OtherJurisdictions:Arrange for appeals to be heard by theAlberta or Yukon boards, to avoid bias.Key:‣ Northern Territories Federation of Labour(WS), 23/08/01OS – Oral SubmissionWS – Written Submission3.6 Compensation3.6.1 Compensable Injuries andIndustrial Diseases:Compensation should be provided fordisease caught on the job; stress; chronicpain; heavy metal exposure; soft tissueinjuries; depression; harassment.Need recognition, diagnosis and treatmentof repetitive strain injuries, substancedependency. Test for repetitive straininjuries routinely.Provide treatment of chronic pain,substance dependency resulting frominjury aftermath.Clarify definition of workplace, coveragein transit.No expansion of compensable injuriesshould occur, including stress, chronicpain and others.All occupational injuries should becompensable. Harassment is a humanrights issue, not WCB; addictions are alifestyle issue, not WCB.Stress should only be covered for specificevent or incident; substance abuse is not aWCB matter but is a social and personalresponsibility.‣ Norman Wells Discussion, 26-27/03/01‣ Inuvik Discussion, 27-28/03/01‣ Nunavut Employees Union and theNorthern Territories Federation of Labour(OS/WS), Iqaluit, 15/05/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ NWT Coalition for Harassment FreeWorkplaces (OS/WS), 28/05/01‣ K. King (OS/WS), Iqaluit, 15/05/01‣ Rankin Inlet Discussion, 16-18/05/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01‣ J. Huffman (OS), Yellowknife, 16/08/01‣ L. Whalen (OS), Yellowknife, 16/08/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ D. Gelinas (WS), 20/08/01‣ Yellowknife Discussion, 16/08/01‣ S. Lee (OS/WS), Yellowknife, 28/05/01‣ Canadian Federation of IndependentBusiness (WS), 21/06/01‣ CAPP (Miller) (OS/WS), Yellowknife,16/08/01‣ Imperial Oil Ltd. (OS/WS), Yellowknife,16/08/01‣ CAPP (WS), 23/08/01Appendix DPage D11 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
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5.0 A Final WordThe Panel has recom
Page 135 and 136: Glossary and DefinitionsAccident Fu
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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
Page 183 and 184: Key:SUMMARY OF ISSUES FROM PUBLIC H
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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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