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

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Implementing a decision of the Review Committee.Lodging an appeal.Holding an appeal hearing.Reporting on the decision of the Appeals Tribunal.Implementing a decision of the Appeals Tribunal.The legislation in 5 jurisdictions currently includes time limits for some of the steps inthe appeal processes. Most are directed to the Appeals Tribunal. The Friedman Reportrecommends introducing time limits, and the Task Force Report on the Workers’Compensation System in Newfoundland and Labrador (February 16, 2001) recommendsreducing time limits now contained in legislation.The Panel accepts the need for time limits on the steps in the appeals processes with oneexception. The Acts do not place a time limit for a worker, dependant, or employer to askfor a review of a decision by WBC administration. The Panel considered recommendingtime limits for requesting a review. The Panel was concerned that with the changingWCB environment (e.g., medical technology), new evidence that affects a decision mightnot come to light in a timely fashion. This concern outweighed the Panel’s concern forthe security of the Accident Fund with claims made long after a work-related injuryoccurred.The Panel accepts that there are times an appellant might wish to extend the required timelimits – for example, to present new evidences that cannot be gathered or has not come tolight within the required time frame.It should be clear that the time limits the Panel is recommending also apply to any stay ororder for rehearing from the WCB Board of Directors.WCB Legislative Review Panel Report Page 45 of 128December, 2001
Recommendations: 3.5.5 Time Limits in the Appeal Processes1. The legislation should be changed to set the following time limits for the steps in thereview and appeal processes:a) From the time a request for review is received, the Review Committee has upto 30 days to hold a review hearing.b) The Review Committee shall make a decision and issue its report within 7days after conclusion of the review hearing.c) From the time the WCB receives the report of the Review Committee, it hasup to 30 days to implement the decision.d) From the time a request for appeal is received, the Appeals Tribunal has up to60 days to hold an appeal hearing.e) The Appeals Tribunal shall make a decision and issue its report within 30days.f) From the time the WCB receives the report of the Appeals Tribunal, it has upto 30 days to implement the decision.2. The legislation should be changed to enable an appellant to request a delay by theReview Committee and Appeals Tribunal in holding a hearing. If the appeals bodydoes not agree to the delay, the appellant may withdraw their request for review orappeal without prejudice and resubmit it at a later date. The time limits on theappeals process recommence on the date of resubmission.3.5.6 Exclusive Jurisdiction of the Appeals TribunalStakeholders asked the Panel to consider the exclusive jurisdiction of the AppealsTribunal for hearing appeals about Review Committee decisions. Section 7.9(2) statesthat a decision of the Appeals Tribunal is not subject to review or question in any court.The Panel takes the same position for the Appeals Tribunal as for the WCB itself (asdiscussed in Section 3.2.1 Exclusive Jurisdiction of the Workers’ Compensation Board).The WCB’s exclusive jurisdiction is limited if the WCB denies natural justice orWCB Legislative Review Panel Report Page 46 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 and 40: Some suggested that having a compen
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: The Panel considered the establishm
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
Page 95 and 96: 4. The legislation should be change
Page 97 and 98: The Panel was asked to consider rec
Page 99 and 100: No other jurisdictions regulate wor
Page 101 and 102:
4.2.5 Safety InspectionsSome stakeh
Page 103 and 104:
4.4 Employer Responsibilities4.4.1
Page 105 and 106:
The Panel feels that the instrument
Page 107 and 108:
Recommendation: 4.6.2 Consistency w
Page 109 and 110:
others have experience as employers
Page 111 and 112:
While the Panel heard positive comm
Page 113 and 114:
5. Operational versus Legislative I
Page 115 and 116:
3. The legislation should be amende
Page 117 and 118:
3. It is suggested that the first r
Page 119 and 120:
2. The legislation should be change
Page 121 and 122:
Recommendations: 3.5.5 Time Limits
Page 123 and 124:
Page 125 and 126:
Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128:
Recommendation: 3.12.4 Employer Rec
Page 129 and 130:
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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
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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