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

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Key:SUMMARY OF ISSUES FROM PUBLIC HEARINGS‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ Yellowknife Discussion, 28/05/01OS – Oral SubmissionWS – Written SubmissionPublic should have access to Board ofDirectors minutes.3.10.2 Access to Review Committee andAppeals Tribunal Reports:Public should have access.3.11 Financial Penalties3.11.1 Authority to Set FinancialPenalties:There should be legislated penalties foremployers who jeopardize a worker'sclaim for compensation.3.11.2 Application of Penalties:Apply to employers, doctors, healthcentres for failure to report.3.12 Employer Responsibilities3.12.1 Duty to Accommodate:More post-claim follow-up withemployers‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ Canadian Federation of IndependentBusiness (WS), 21/06/01‣ K. Tompkins (OS/WS), Yellowknife,28/05/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01‣ Cambridge Bay Discussion, 29-30/03/01‣ Norman Wells Discussion, 26-27/03/01Discretionary for smaller firms. ‣ Inuvik Discussion, 27-28/03/01‣ J. Posynick (OS/WS), Yellowknife,29/05/01‣ Yellowknife Discussion, 16/08/01‣ WCB Coalition (OS/WS), Yellowknife,29/05/01Limits needed; undue hardship onemployer should be considered; role ofseniority; consistency with labour‣ K. King (OS/WS), Iqaluit, 15/05/01‣ Yellowknife Discussion, 16/08/01‣ Cambridge Bay Discussion, 29-30/03/01Appendix DPage D18 of D25WCB Legislative Review Panel Report December, 2001
SUMMARY OF ISSUES FROM PUBLIC HEARINGSlegislation.‣ Iqaluit Discussion, 15/08/01Employers bringing workers back early,to unproductive work, to avoid lost timeand penalties.Key:OS – Oral SubmissionWS – Written SubmissionShould include retraining, substancedependency.Duty to accommodate should be set inpolicy.Replacement job may have less overtime(lower total pay). After layoff, theimpairment can keep claimant from takingthe jobs that are available and offered.‣ 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‣ L. Whalen (OS), Yellowknife, 16/08/01‣ United Steelworkers of America(OS/WS), Yellowknife, 29/05/01Light duty should be appropriate. ‣ L. Rohac (OS), Yellowknife, 17/08/013.12.2 Liability of Corporate Directors:Director liability should not interfere withimmunity from lawsuit.3.12.3 Initial Costs of Transporting anInjured Worker:Clarify whether nursing station meetsrequirement of nearest medical centre.Should be a maximum deductible on thecost.3.12.4 Employer RecordsSection 67 powers are excessive andshould be restricted to payroll and relateddocuments.‣ Canadian Federation of IndependentBusiness (WS), 21/06/01‣ Cambridge Bay Discussion, 29-30/03/01‣ Hamlet of Cambridge Bay (OS/WS),Cambridge Bay, 30/05/02‣ Avery, Cooper & Co. (WS), 20/07/013.13 Environmental Change3.13.1 Health Care Definitions:Legislation should not specify physiciansonly – nurse practitioners provide service.3.14 Framework for Administration3.14.1 Basis for Decision-making:Benefit of doubt to worker. (Presumption‣ Nunavut Employees Union and theNorthern Territories Federation of Labour(OS/WS), Iqaluit, 15/05/01‣ B. Braden (OS/WS), Yellowknife,Appendix DPage D19 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
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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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Page 203 and 204: SUMMARY OF FORMAL PRESENTATIONS AND
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