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

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The way workers’ compensation boards deal with claims related to chronic pain andoccupational stress varies among jurisdictions.All jurisdictions, including the NWT/Nunavut, have provided compensation (usuallymedical treatment) for chronic pain. There may be time limitations placed on suchcompensation. Some jurisdictions provide temporary financial compensation for chronicpain. A few jurisdictions will consider permanent financial compensation. Manyjurisdictions are reviewing their legislation and policies related to compensating injuredworkers for chronic pain.The situation with occupational stress also varies among jurisdictions. Whereoccupational stress is considered compensable, compensation is explicitly limited inlegislation to acute or post-traumatic stress syndrome. It may also be considered as atemporary injury or disease. As with chronic pain, many jurisdictions are reviewing theirlegislation and policies related to occupational stress.The way in which the NWT/Nunavut WCB deals with chronic pain and occupationalstress is governed by policy. The WCB provides medical compensation in the form oftreatment at a pain clinic. An injured worker is eligible for temporary financialcompensation. If the chronic pain is based on a demonstrable organic cause, permanentfinancial compensation may be considered.The way in which the NWT/Nunavut WCB deals with occupational stress is governed bypolicy. Only acute or post-traumatic stress is eligible for compensation.It is clear to the Panel that the workers’ compensation environment related to chronicpain and occupation stress is a changing one. It is also clear that one of the majorconcerns of workers’ compensation boards when addressing these and other “injuries” oroccupational diseases is increased costs.WCB Legislative Review Panel Report Page 49 of 128December, 2001
The Panel was interested in the Ontario approach to chronic pain. Ontario has decided toprovide compensation (medical and financial) for chronic pain in the same manner asother work-related injuries. However, it will revisit this decision in 5 years to assess thescientific evidence on the “work-relatedness” of chronic pain, developments in workers’compensation legislation, and the effectiveness of its prevention and managementstrategies for chronic pain. In the interim, the Ontario WCB is also supporting researchinto the treatment and management of chronic pain.The Panel is not in a position to make a judgement about the compensability of chronicpain and occupational stress. We have neither the medical knowledge to assess theseconditions nor the specialized financial knowledge to assess the actuarial effects of achange to legislation or policy on the Accident Fund (and any consequent change toassessments).The Panel believes that the WCB Board of Directors is the appropriate body to makedecisions on whether certain injuries or diseases are compensable. The Board ofDirectors will be held accountable for those decisions. The Panel does think that theWCB Board of Directors needs to actively review the developments in other jurisdictionsand make an informed decision about its position on the submissions of stakeholders tocompensate injured workers for chronic pain, occupational stress, workplace harassment,and alcohol abuse.Recommendations: 3.6.1 Compensable Injuries and Industrial Diseases1. The legislation should be changed to define injury or work-related injury.2. The WCB Board of Directors is urged to consider the submissions of stakeholdersrelated to chronic pain, occupational stress, workplace harassment, and alcohol abuseand make a decision on their compensability.WCB Legislative Review Panel Report Page 50 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 and 52: Recommendations: 3.5.5 Time Limits
Page 53: are not familiar with some of the u
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
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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
Page 133 and 134:
5.0 A Final WordThe Panel has recom
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Glossary and DefinitionsAccident Fu
Page 137 and 138:
Glossary and DefinitionsNet annualr
Page 139 and 140:
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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