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

4. The WCB has a role to play in returning a recovered worker to the workplace. Wherea worker is not capable or able to perform work that pays the same as their pre-injurywages, the WCB should “top-up” their wages to the pre-injury amount, not to exceedthe YMIR.5. As well as a financial role, the WCB has a facilitating role to play to assist theemployer to fulfill their duty to accommodate. This could include funds forspecialized equipment or working with the employer and recovered worker to enablea return to work.6. There are time limits that should be considered. These include the time limit on theemployer’s duty to accommodate. For example, if it takes an injured worker severalyears to recover, is it reasonable that the employer has a continuing duty toaccommodate the worker? Is it reasonable that an employer should have toaccommodate a worker who has been employed for only a few weeks? Is itreasonable for an employer to fulfill the duty to accommodate an injured worker andthen fire them shortly after without just cause?The Panel feels these limiting factors on an employer’s duty to accommodate requirecareful and informed consideration.Recommendations: 3.12.1 Duty to Accommodate1. The legislation should be changed to incorporate the principle of an employer’s dutyto accommodate a recovered worker.2. The legislative changes should include limitations on the duty to accommodate asdescribed in Section 3.12.1, Duty to Accommodate.3.12.2 Liability of Corporate DirectorsThe Panel was asked to consider an apparent deficiency in the Acts related to the personalliability of corporate directors for monies owed to the WCB. There are legislatedobligations for corporate directors to personally pay monies owing for worker-relatedWCB Legislative Review Panel Report Page 77 of 128December, 2001