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

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Directors for that classification and, in those jurisdictions with experience ratingprograms related to employers’ safety records, the application of program criteria.The Panel is recommending that the Accident Fund always be fully funded (Section3.9.1, Fully Funded Accident Fund). The Panel believes that the WCB Board ofDirectors must be able to set assessment rates to achieve that requirement.Recommendation: 3.7.4 Appeal of Assessments1. The legislation should be changed to confirm that an employer may appeal theamount of their assessment, including the calculation of assessable payroll, theirclassification, and the application of any criteria related to an experience ratingprogram.3.8 Industrial ClassificationsThe WCB Board of Directors has the authority to establish industrial classes andsubclasses. These classes and subclasses describe a type of work or industry.3.8.1 Process for Establishing Industrial ClassificationsSome stakeholders asked the Panel to consider the process for establishing industrialclasses and subclasses. They suggested the WCB Board of Directors should consult withemployers in the industry before establishing or changing classes or subclasses.Stakeholders did not suggest the WCB Board of Directors had to take the advice ofemployers.The vast majority of respondents to the Stakeholder Questionnaire agreed, and asignificant majority thought the legislation should be changed to require suchconsultations.WCB Legislative Review Panel Report Page 69 of 128December, 2001
The Panel agrees. We see prior consultation with employers as supporting transparencyand accountability. We also see an inclusive approach as a positive way to promote anon-adversarial system.Recommendation: 3.8.1 Process for Establishing Industrial Classifications1. The legislation should be changed to require consultation with affected employers, ortheir representative associations, before introducing or amending an industrial classor subclass.3.8.2 Classifying an Employer in More than One Class or SubclassSome stakeholders asked the Panel to consider recommending split classifications forindividual employers. In other words, classify the employer’s operations based on theproportional hazards or risks of work rather than placing the employer in a single class orsubclass.The Panel agrees. An employer’s share of collective liability should be based on thehazard or risk posed.Recommendation: 3.8.2 Classifying an Employer in More thanOne Class or Subclass1. The legislation should be changed to enable the WCB Board of Directors to classifyan employer in more than one industrial class or subclass.3.9 Accident FundThe Accident Fund is defined as the fund established for payment of compensation andother outlays and expenses authorized by the Acts. Employer assessments are paid intothe Accident Fund. The WCB Board of Directors makes investments (as defined in theActs) from the Accident Fund.WCB Legislative Review Panel Report Page 70 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
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The Panel has generally adopted the
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The Panel did receive positive comm
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wanted was to return to work and st
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2. Are there workers in specific in
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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 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: Respondents to the Stakeholder Ques
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 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 121 and 122: 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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2. The legislation should be change
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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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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