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

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The Panel believes the legislation should be changed to incorporate a wage loss approachas the basis for temporary, ongoing or permanent financial compensation. We think alsothink there should be some financial compensation for permanent physical orpsychological impairment or disability. This may be in the form of a lump sum paymentor an ongoing pension depending on the severity of the loss and the best interests of theworker.The Panel has no view about what legal terminology should be used in the legislation.However, we are clear on the intent of the legislation. The objective of financialcompensation is to replace the wages an injured worker has lost as a result of a workrelatedaccident or disease until such time as the injured worker is capable of returningand able to return to the workplace. This objective assumes an injured worker’s desire toreturn to work.There will be many changes in the way the WCB will interact with injured workers undera wage loss system. The WCB will have to be creative in programs designed to assist aninjured worker to return to the workplace. Programs to “top up” wages should beconsidered. Vocational rehabilitation compensation will take on more importance.Injured workers will have to accept a closer relationship with the WCB to monitor theirprogress during recovery. However, based on the many comments made to the Panelabout the importance of returning to the workplace, we think injured workers will see theneed for this closer relationship.Recommendations: 3.6.2 System of Financial Compensation1. The legislation should be changed to make wage loss the basis for temporary,ongoing, and permanent financial compensation.2. The legislation should be changed to include financial payment for permanent partialor total impairment or disability. Consideration should be given to lump sumpayments. See also Recommendation 3.6.8, Commutations.WCB Legislative Review Panel Report Page 53 of 128December, 2001
3.6.3 Year’s Maximum Insurable Remuneration (YMIR)When the Meredith Report was presented, it recommended placing a maximum amountfor the payment of financial compensation. All jurisdictions contain reference to what isusually called the YMIR. The effect is to limit compensation calculations to actualwages or the YMIR, whichever is less.The NWT and Nunavut Acts set the amount of YMIR at $63,350.Some stakeholders told the Panel that YMIR should be eliminated and the calculationsfor compensation should be based on an injured worker’s actual wages. Somestakeholders agreed that there should be a maximum amount used in the calculation offinancial compensation but that the current YMIR is too low. Some stakeholders toldthat Panel that because YMIR is established in legislation, it takes too long to changeYMIR when economic conditions change.The majority of respondents to the Stakeholder Questionnaire thought that actual wagesshould be used in calculating financial compensation. Respondents were divided as towhether the Legislative Assembly, Minister, or WCB Board of Directors should have theauthority to set YMIR. The majority of respondents did think YMIR should changeautomatically when there is a change in accepted economic indicators like the ConsumerPrice Index. Respondents were about evenly split in their views about establishing ayear’s minimum insurable remuneration.The Panel believes that there is a need for a YMIR. It will never match the wages of thehighest paid worker in the NWT or Nunavut. It should, however, provide a reasonablecap and generally reflect wages paid in the NWT and Nunavut.The Panel also believes there should be a year’s minimum insurable remuneration. Inexceptional circumstances, an injured worker may be “worse off” by receiving financialcompensation for a work-related injury than by receiving income support. This is not inWCB Legislative Review Panel Report Page 54 of 128December, 2001
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Accountable…to stakeholdersCompen
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Table Of Contents3.4.3 Employers’
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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 and 54: are not familiar with some of the u
Page 55 and 56: The Panel was interested in the Ont
Page 57: Workers’ compensation payments ar
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
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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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2. The legislation should be change
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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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