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

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2. The legislation should be changed to require the Minister to set the remuneration forthe Vice-Chairperson when the Vice-Chairperson is acting for the Chairperson inregulation.3. The legislation should be changed to require the Minister to set the remuneration formembers of the Appeals Tribunal, including the Chairperson, in regulation.3.4 Stakeholder AdvisorsIn principle, the Panel believes there should not be a need for stakeholder advisors. Ifthose administering the legislation are doing so in a manner that embodies the spirit andintent of the Meredith Principles and treats stakeholders with the respect and compassionthat is deserved, why is another layer of bureaucracy required? The WCB administrationshould all be stakeholder advisors. The Panel understands that administrators can makemistakes. However, this is why there is an appeals process.Stakeholder advisors are not going to address the inherent problems with administrationor legislation that have come to the Panel’s attention.As stated earlier in Section 2.5, Operational Versus Legislative Issues, the Panel believesthat an independent operational review is required immediately to examine theoperational and administrative issues brought to the Panel’s attention. The Panel furtherbelieves that until the legislative issues brought to the Panel’s attention have beenresolved and the spirit and intent of the legislative direction is reflected in theadministration of the Acts, there is a reason to continue with stakeholder advisors in someform.3.4.1 Compensation AdvisorIt was suggested to the Panel that instead of a workers’ or employers’ advisor, theposition of “compensation advisor” should be legislated. Respondents to the StakeholderQuestionnaire were evenly split on this suggestion.WCB Legislative Review Panel Report Page 33 of 128December, 2001
Some suggested that having a compensation advisor would make better use of resourcesby dealing with both workers and employers. There is no employers’ advisor at present.Others suggested that there will be occasions when the interests of a worker andemployer are in conflict. A compensation advisor would not be able to assist bothstakeholders in this situation without the perception (or reality) of a conflict of interest.The Panel does not recommend the establishment of a compensation advisor.3.4.2 Workers’ AdvisorAll but 1 jurisdiction have some form of workers’ advisor. Of these, most haveestablished the workers’ advisor office (WAO) in legislation. The responsibilities ofthese workers’ advisors vary.The vast majority of respondents to the Stakeholder Questionnaire said there should be anadvisor for workers.For the reasons given in Section 3.4, Stakeholder Advisors, the Panel agrees with thecontinuation of the workers’ advisor position.Stakeholders and respondents told the Panel that the position of workers’ advisor shouldbe established in legislation. Most felt that the responsibilities of the workers’ advisorshould be described in legislation. The commonly accepted responsibilities included: Providing advice; Obtaining information for workers; Explaining the legislation, policy, and procedures for workers’ compensation; Assisting a worker in communications with the WCB; Providing information about community services; and Speaking for workers during the appeals process.WCB Legislative Review Panel Report Page 34 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 and 16: The Panel did receive positive comm
Page 17 and 18: wanted was to return to work and st
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: members may be reappointed to the W
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
Page 67 and 68: The Panel considered whether the in
Page 69 and 70: The Panel heard from some stakehold
Page 71 and 72: The Acts require any employer, whet
Page 73 and 74: Respondents to the Stakeholder Ques
Page 75 and 76: The Panel agrees. We see prior cons
Page 77 and 78: 3.9.3 Authority to Make Investments
Page 79 and 80: Respondents to the Stakeholder Ques
Page 81 and 82: The duty to accommodate is not an o
Page 83 and 84: payments such as income tax or payr
Page 85 and 86: 3.13 Environmental ChangeThe Acts h
Page 87 and 88: construction permits is a matter of
Page 89 and 90:
date sections, reordering the “pa
Page 91 and 92:
The Panel has recommended changes t
Page 93 and 94:
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
Page 111 and 112:
While the Panel heard positive comm
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5. Operational versus Legislative I
Page 115 and 116:
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
Page 127 and 128:
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
Page 141 and 142:
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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