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

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Many stakeholders told the Panel the WAO should get involved in providing or assistinginjured workers in obtaining legal counsel. About half of the respondents to theStakeholder Questionnaire thought the WAO should be involved in providing orobtaining legal counsel for workers. The Panel does not agree. As stated earlier, thePanel is concerned about any trend that would reinforce an adversarial climate.Stakeholders and respondents thought that the WAO should be independent of the WCB.There was no unanimity about the characteristics of independence – for example, havingthe WAO hired by a government department and not anyone associated with the WCBlike the WCB Board of Directors. The Panel does not have an opinion about whether theWAO should be hired as an employee or engaged as a contractor. However, the Panelfeels strongly that however the WAO is engaged, the process must be transparent andindependent of the WCB administration.Stakeholders and respondents thought the WAO should be required to report on theiractivities. There was no unanimity on the process for reporting, such as a report to theMinister or WCB Board of Directors that is available to the public. The Panel agrees theWAO should report on activities to ensure accountability to stakeholders.Stakeholders told the Panel that the WAO does not have sufficient resources to deal withthe volume of work. Some stakeholders and respondents told the Panel that there shouldbe another WAO in Nunavut. The Panel does not take a position on what we see as anoperational issue. The Panel suggests that the WAO should, at a minimum, provideservices in Inuktitut.While the Panel looks forward to the day when a workers’ advisor is not required, wethink that the legislation should require the establishment of this position.WCB Legislative Review Panel Report Page 35 of 128December, 2001
Recommendations: 3.4.2 Workers’ Advisor1. The legislation should be changed to require the establishment of a Workers’Advisor, independent of the WCB administration, and appointed by the WCB Boardof Directors.2. The legislation should be changed to include the requirement for the Workers’Advisor to make an annual report to the WCB Board of Directors and stakeholders.3. It is suggested that the WCB Board of Directors use a transparent process for theengagement of the Workers’ Advisor.4. It is suggested that the ongoing requirement for a Workers’ Advisor be considered inthe reviews recommended in Section 3.2.6, Regular Reviews of the Workers’Compensation Acts.3.4.3 Employers’ AdvisorSome stakeholders told the Panel that employers need assistance in dealing with theWCB administration. The majority of respondents to the Stakeholder Questionnairethought there should be an employers’ advisor.The majority of other jurisdictions do not have an employers’ advisor. For those that do,there is no consistency in the source of funds to pay for the employers’ advisor or for thereporting relationship of employers’ advisors. The Panel does not recommend theestablishment of an employers’ advisor, in legislation or otherwise, for the reasons statedin Section 3.4, Stakeholder Advisors.3.5 Review and Appeals ProcessIf a worker (or dependant) or employer does not agree with a decision of the WCBadministration, they have access to an appeals process. The first step in the appealsprocess is the Review Committee. The Review Committee is an internal committeewithin the WCB. The legislation provides that with the approval of the WCB Board ofDirectors, the Review Committee may hear representations on behalf of the appellant. Itis understood that the WCB Board of Directors has, by policy, made a decision thatWCB Legislative Review Panel Report Page 36 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 and 38: members may be reappointed to the W
Page 39: Some suggested that having a compen
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
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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
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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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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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