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

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Panel also urges the WCB to implement the policies in a manner that ensures that injuredworkers and their dependants have easy access to information about their entitlements.The Panel is concerned that financial compensation for dependants of deceased workershas not been reviewed in many years. The amount of compensation is tied to the YMIR,so the actual payments have increased as the YMIR has increased. The Panel isrecommending a review of the amount of YMIR by the WCB Board of Directors..During this review, the effects on dependant compensation should also be taken intoaccount.The Panel is concerned about the discretion accorded to the WCB in Section 37concerning the payment of financial compensation to dependant children over 16 who areattending school. The Panel cannot identify any circumstances, other than those listed,when payment would not be made.Recommendations: 3.6.4 Special Purpose Financial Compensation1. The legislation should be changed to direct the WCB to provide financialcompensation for clothing allowances, death, and funeral expenses and quality of lifepayments to normalize the daily life of injured workers. The details of the types andamounts of compensation should be established by the WCB Board of Directors inpolicy.2. It is suggested the review of YMIR (Recommendation #3, 3.6.3 Year’s MaximumInsurable Remuneration (YMIR)) should take into account the effect on dependants.3. The legislation should be changed to direct the WCB to pay compensation todependants under Section 37.4. It is suggested the WCB Board of Directors review the types and levels of specialpurpose compensation with a view to increasing the amounts payable.5. It is suggested the WCB Board of Directors review the implementation of the specialpurpose compensation programs with a view to ensuring their accessibility andappropriate delivery.WCB Legislative Review Panel Report Page 57 of 128December, 2001
3.6.5 Indexing Compensation by CommunitySome stakeholders suggested that the basis for calculating financial compensation shouldinclude a factor for the injured worker’s community of residence.The majority of respondents to the Stakeholder Questionnaire disagreed with thissuggestion.No other jurisdictions provide for indexing of financial compensation.The Panel does not agree with the suggestion and makes no recommendations for change.3.6.6 Net Annual RemunerationSome stakeholders suggested that some or all of the statutory deductions (Subsection39(5)) should not be subtracted from a worker’s remuneration when calculating netannual remuneration. They argue that while injured workers are receiving financialcompensation, they are not able to contribute to the Canada Pension Plan or apply forEmployment Insurance benefits. Contributions to the Canada Pension Plan are based onincome. Compensation is not considered income, and this is why it is not taxable, asnoted earlier.The majority of respondents to the Stakeholder Questionnaire thought that income taxshould be deducted, with some saying Employment Insurance premiums and CanadaPension Plan contributions should be deducted.All but 2 jurisdictions use a net annual remuneration for calculating financialcompensation.After consideration, the Panel believes that deducting statutory contributions from wagesmakes sense. By deducting income tax payable, there is recognition of an injuredworker’s family status in the amount of financial compensation.WCB Legislative Review Panel Report Page 58 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
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The Legislative Review Directorate
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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 and 58: Workers’ compensation payments ar
Page 59 and 60: 3.6.3 Year’s Maximum Insurable Re
Page 61: The Acts are very specific in some
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
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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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