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

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payments such as income tax or payroll when <strong>the</strong> corporation is unable <strong>to</strong> make suchpayments.<strong>The</strong> concern is that if a company is abandoned by its direc<strong>to</strong>rs, and a new companyestablished <strong>to</strong> essentially continue operations under a new name, <strong>the</strong>re is no way for <strong>the</strong><strong>WCB</strong> <strong>to</strong> recover <strong>the</strong> debt from <strong>the</strong> corporate direc<strong>to</strong>rs.O<strong>the</strong>r jurisdictions provide for <strong>the</strong> personal liability <strong>of</strong> direc<strong>to</strong>rs, should a company beabandoned and unable <strong>to</strong> make good on <strong>the</strong> debt.Recommendation: 3.12.2 Liability <strong>of</strong> Corporate Direc<strong>to</strong>rs1. <strong>The</strong> legislation should be changed <strong>to</strong> impose personal liability for debts owing <strong>to</strong> <strong>the</strong><strong>WCB</strong> on those corporate direc<strong>to</strong>rs <strong>of</strong> a deb<strong>to</strong>r company who resume operations underano<strong>the</strong>r name.3.12.3 Initial Costs <strong>of</strong> Transporting an Injured Worker<strong>The</strong> <strong>Panel</strong> was asked <strong>to</strong> consider <strong>the</strong> burden placed on an employer under Subsection54(9) <strong>of</strong> transporting an injured worker <strong>to</strong> a physician or a hospital. For those employersin communities or work sites without a hospital or resident physician, this effectivelymeans paying for a medevac that could cost thousands <strong>of</strong> dollars. This section alsoenables <strong>the</strong> <strong>WCB</strong> <strong>to</strong> designate o<strong>the</strong>r appropriate places for <strong>the</strong> initial care <strong>of</strong> <strong>the</strong> injuredworker.It is unders<strong>to</strong>od that <strong>the</strong> <strong>WCB</strong> has changed its interpretation <strong>of</strong> this section <strong>to</strong> includecommunity health centres staffed by nurses and nurse practitioners. <strong>The</strong> <strong>Panel</strong> believesthis change in administration addresses <strong>the</strong> issue that was raised by stakeholders. It does,however, raise ano<strong>the</strong>r issue related <strong>to</strong> <strong>the</strong> currency <strong>of</strong> terminology used in <strong>the</strong> <strong>Act</strong>s that<strong>the</strong> <strong>Panel</strong> discusses in Section 3.13.1, Health Care Definitions.<strong>WCB</strong> <strong>Legislative</strong> <strong>Review</strong> <strong>Panel</strong> <strong>Report</strong> Page 78 <strong>of</strong> 128December, 2001

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