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

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While the Panel agrees that deducting statutory contributions makes sense, the Panel isconcerned that an injured worker is prevented from making contributions to the CanadaPension Plan while receiving compensation. In some cases, a long recovery time willsignificantly reduce the worker’s Canada Pension. This situation is governed by federallegislation and beyond the terms of reference of the Panel.The Panel is concerned that the net annual remuneration of seasonal workers and otherworkers should reflect any Employment Insurance (EI) payments during the 12 monthsprevious to a work-related accident. Subsection 41(2)(b) provides that the WCB mayestimate net annual remuneration for a worker who has been with their employer for onlya short period of time, using an average of workers in similar positions over the previous12 months. This section is discretionary.The practice in other jurisdictions varies. When calculating net income, a minority ofother jurisdictions include EI payments. Of those, the majority include EI payments onlywhen calculating longer term (over 12 to 26 weeks) financial compensation.The Panel appreciates that assessments have not been paid on EI payments. However,the Panel does not think these circumstances are much different from those Subsection41(2)(b) is intended to cover.The Panel was also asked to consider a legislative change to Subsection 39(5), whichdescribes the annual deductions. Since this section was enacted, federal legislation haschanged. The Acts now refer to outdated federal legislation.Recommendations: 3.6.6 Net Annual Remuneration1. It is suggested the WCB Board of Directors, through the Association of Workers’Compensation Boards of Canada, review the issue of contributions to the CanadaPension Plan by injured workers.WCB Legislative Review Panel Report Page 59 of 128December, 2001
2. The legislation should be changed to include Employment Insurance paymentsreceived by an injured worker in the previous 12 months in the calculation of netannual remuneration.3. The legislation should be changed to ensure Subsection 39(5) is consistent withcurrent federal legislation.3.6.7 Interest PaymentsThe Panel was told of isolated incidents when financial compensation payments weredelayed through no fault of the injured worker. The reasons for the delay varied (e.g., alldocumentation not received by WCB, holidays by WCB administrators). These delayscreated hardships for injured workers. Some had to borrow money to tide them over.Others sold assets.Obviously, the best solution is no delay in payment. However, when delays occurthrough no fault of the injured worker, there should be some recognition of the financialhardship created.Recommendation: 3.6.7 Interest Payments1. The legislation should be changed to enable the payment of interest to injuredworkers when financial compensation payments are delayed through no fault of theinjured worker. A policy for paying interest should be set by the WCB Board ofDirectors.3.6.8 CommutationsThe Acts provide for the payment of a lump sum, or commutation of a permanentpension, when an injured worker has been assessed with a permanent partial or totaldisability. In other words, there is an ongoing physical impairment or disability as aresult of a work-related injury.WCB Legislative Review Panel Report Page 60 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
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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 and 62: The Acts are very specific in some
Page 63: 3.6.5 Indexing Compensation by Comm
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
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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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