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

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The Panel also reviewed Subsection 22(1) that requires the evaluation of a permanentdisability to be made on behalf of the WCB by a physician and a non-medical person.The Panel feels this operational direction is outdated and limiting. It should be removed.Recommendations: 3.13.1 Health Care Definitions1. The legislation should be changed to include a definition of “health care provider”and remove the definition of “physician.” The definition in Saskatchewan’slegislation is recommended for consideration.2. The legislation should be changed to include a definition of “traditional medicine”and “traditional healers.” Practitioners of traditional medicine should be included inthe definition of “health care provider.”3. The legislation should be changed to incorporate the term “health care provider” asappropriate, specifically in Sections 17, 24 and 54.4. The legislation should be changed to recognize the reality of health care deliverysystems in the NWT/Nunavut and include reference to community health centres asappropriate and specifically in Subsection 54(9).5. The legislation should be changed to remove Section 19 and Subsection 22(1).3.13.2 Reporting of Municipal Construction PermitsThe Panel was asked to consider the provisions of Subsections 66(3), (4) and (5) thatrequire municipalities to report in writing to the WCB when a building permit withexpenditures over $1,000.00 is issued. It is understood that this section is a “check” toensure that all employers register with and pay assessments to the WCB.The 4 jurisdictions that require reporting of construction projects generally do so forsafety reasons. For example, to enable pre-construction meetings on health and safetyissues. In most cases, the onus is on the employer, not a municipality, to make a report.The Panel did not feel that municipalities should be legislatively obliged to participate inthe administrative processes needed to check up on employers. The issuance ofWCB Legislative Review Panel Report Page 81 of 128December, 2001
construction permits is a matter of public record, and the WCB can access that record if itwishes. The Panel did feel that getting a “heads up” on the commencement of largeconstruction or other projects to address safety concerns is a good idea.Recommendation: 3.13.2 Reporting of Municipal Construction Permits1. The legislation should be changed to remove the requirement for municipalities toreport the issuance of construction permits to the WCB.2. It is suggested the WCB consider other means that would provide a check onemployer compliance with the Acts and give the WCB a “heads up” to promote safework practices on new projects.3.14 Framework for AdministrationThis section deals with issues that provide direction, guidance, or authority to the WCBin its administration of the Acts.3.14.1 Basis for Decision-makingSubsection 7(5) of the Act provides in part that decisions of the WCB shall be made onthe merits of the case. The WCB is not bound by precedence. Some stakeholders havesuggested that the WCB should make decisions based on prior decisions in similar cases– in other words, on precedent.The majority of respondents to the Stakeholder Questionnaire did not agree with thissuggestion. They did think that the basis for decision-making should be contained inlegislation.The Panel agrees with respondents. Each worker’s case may be different. The WCBshould be free to make decisions in the best interest of workers in each case. As statedearlier, principles such as presumption in favour of the injured worker and the applicationof natural justice always apply however decisions are made.WCB Legislative Review Panel Report Page 82 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
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3.2 WCB Authority and Accountabilit
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WCB Board of Directors may chose to
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3.2.6 Regular Reviews of the Worker
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Recommendations: 3.2.8 Liability Pr
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Legislation in 2 other jurisdiction
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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 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: 3.13 Environmental ChangeThe Acts h
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
Page 125 and 126: Recommendation: 3.7.3 Rewarding Saf
Page 127 and 128: Recommendation: 3.12.4 Employer Rec
Page 131 and 132: Regulations (see also Recommendatio
Page 133 and 134: 5.0 A Final WordThe Panel has recom
Page 135 and 136: 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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