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

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exercises an excess of jurisdiction. The Panel feels the Appeals Tribunal should besubject to the same limitations.Recommendation: 3.5.6 Exclusive Jurisdiction of the Appeals Tribunal1. The legislation should be changed to limit the exclusive jurisdiction of the AppealsTribunal should natural justice be denied or should the Appeals Tribunal exceed itsjurisdiction.3.5.7 Award of CostsThe Panel was asked to consider a recommendation to give the Appeals Tribunal theauthority to award costs to an appellant, particularly legal costs. The Panel does notaccept this suggestion. One of the major themes found in the Panel’s recommendations isto remove the adversarial attitude that has crept into the workers’ compensation system.A recommendation to award costs for lawyers is not consistent with the body of thePanel’s recommendations.3.5.8 Outstanding AppealsThe Panel was asked to consider a recommendation to establish a special appeals tribunalto deal with appeals that have been outstanding for some time. The Panel considers thisto be an operational issue for the Minister and Appeals Tribunal to address. The Actsprovide for the appointment of an unlimited number of Appeals Tribunal members.3.5.9 Use of Appeals Tribunals in Other JurisdictionsThe Panel was asked to consider using appeals tribunals in other jurisdictions rather thanthe NWT/Nunavut Appeals Tribunal. The reasons given for this include the small size ofthe territories and the challenge of appointing members who are not only qualified but areseen to be acting without bias. The Panel does not accept the suggestion. We feel thereis a pool of qualified people who can perform the duties of an Appeals Tribunal memberin a fair and unbiased manner. The members of appeals tribunals in other jurisdictionsWCB Legislative Review Panel Report Page 47 of 128December, 2001
are not familiar with some of the unique situations found in the NWT/Nunavut workers’compensation environment.3.6 CompensationCompensation includes financial, medical, and vocational rehabilitation provided toinjured workers and the dependants of deceased workers.3.6.1 Compensable Injuries and Industrial DiseasesThe Acts define an industrial disease but do not define a work-related injury. Somestakeholders suggested to the Panel that this is problematic since the term “injury” is usedroutinely throughout the Acts. The Panel agrees. The Panel believes the definitionshould be simple: A work-related injury is the physical and mental effects of a workrelatedaccident.Stakeholders told the Panel of their strongly held views about the types of work-relatedinjuries that they feel should or should not be compensable. We heard submissions infavour of including chronic pain, occupational stress, the effects of workplace harassmentand alcohol abuse. We heard submission opposing the inclusion of occupational stress,the effects of workplace harassment and alcohol abuse.Respondents to the Stakeholder Questionnaire were also divided in their views. Themajority of respondents thought chronic pain should be considered a compensable injury.A slight majority of respondents thought occupational stress should be considered acompensable injury. The majority of respondents did not think workplace harassment oralcohol abuse should be considered compensable injuries.It is interesting to note that only 3 jurisdictions define “injury.” Two (2) of thosedefinitions include similar words to those used to define “accident” in 8 otherjurisdictions, including the NWT/Nunavut. Three (3) jurisdictions specifically excludeoccupational stress from their definition of accident or injury.WCB Legislative Review Panel Report Page 48 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 and 50: The Panel considered the establishm
Page 51: Recommendations: 3.5.5 Time Limits
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:
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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
Page 205:
SUMMARY OF FORMAL PRESENTATIONS AND
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