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

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The Panel’s discussions were always constructive. There was a thorough airing ofdifferent points of view. The vast majority of decisions about suggestions orrecommendations were made by consensus. The report describes the differentapproaches, or points of view, considered by the Panel in coming to a decision.The Panel heard from hundreds of stakeholders served by the NWT and Nunavut WCB.Many were complimentary about how the WCB is administering the current legislation;however, there were more who were critical. In some cases, the problem was with thelegislation itself. In other cases, the criticism was about operational or administrativepractices of the WCB.The Panel has grave concerns about what we heard in relation to administration of theActs, or what might be called operational issues. The Panel’s review is limited tolegislative matters by our terms of reference. However, the Panel has also been chargedwith reporting on the results of consultations and expressing our views on the issuespresented by stakeholder groups.In the Panel’s view, legislation is simply a means to an end. It sets the framework fordelivery of a program or for regulation of a practice. Legislation must be clear aboutwhat is to be provided or prohibited. It must also be clear to stakeholders and to thoseadministering it.1.3 Structure of the ReportThe report is divided into sections as follows:1.0 Introduction This section describes the Terms of Reference for thelegislative review, the Panel’s approach to fulfilling itsterms of reference, and the structure of the report.2.0 General Themes This section describes the general themes arising from thePanel’s analysis that have been used in the development ofsuggestions and recommendations.WCB Legislative Review Panel Report Page 3 of 128December, 2001
3.0 Workers’Compensation Acts3.1 The Fundamentals This section describes issues the Panel considersfundamental to legislative change.3.2 WCB Authority andAccountability3.3 WCB Board ofDirectorsThis section describes issues related to the authority andaccountability of the Workers’ Compensation Board ofDirectors and the corporate WCB.This section describes issues related to the structure of theboard of directors.3.4 Stakeholder Advisors This section describes issues related to advisors forstakeholders (i.e., workers and employers).3.5 Review and AppealsProcessThis section describes issues related to the process toreview or appeal a decision by the WCB.3.6 Compensation This section describes issues related to financial, medical,and vocational rehabilitation compensation for injuredworkers and their dependants.3.7 Assessments This section describes issues related to the assessment ofemployers.3.8 IndustrialClassificationsThis section describes issues related to the industrialclassification of employers.3.9 Accident Fund This section describes issues related to the Accident Fundthat is funded by employer assessments and used to pay forthe workers’ compensation system.3.10 Access to Information This section describes issues related to access toinformation by and about stakeholders.3.11 Financial Penalties This section describes issues related to the authority to setfinancial penalties, the amount of penalties, and theapplication of fines.3.12 EmployerResponsibilitiesThis section describes issues related to the responsibilitiesof employers.WCB Legislative Review Panel Report Page 4 of 128December, 2001
Page 1 and 2: Accountable…to stakeholdersCompen
Page 3 and 4: Table Of Contents3.4.3 Employers’
Page 5 and 6: Table Of Contents5.0 A FINAL WORD 1
Page 7: The Legislative Review Directorate
Page 11 and 12: 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
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3.6.3 Year’s Maximum Insurable Re
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The Acts are very specific in some
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3.6.5 Indexing Compensation by Comm
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2. The legislation should be change
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The Panel considered whether the in
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The Panel heard from some stakehold
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The Acts require any employer, whet
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Respondents to the Stakeholder Ques
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The Panel agrees. We see prior cons
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3.9.3 Authority to Make Investments
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Respondents to the Stakeholder Ques
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The duty to accommodate is not an o
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payments such as income tax or payr
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3.13 Environmental ChangeThe Acts h
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construction permits is a matter of
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date sections, reordering the “pa
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The Panel has recommended changes t
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the WCB when it is contemplating ch
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The Panel was asked to consider rec
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No other jurisdictions regulate wor
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4.2.5 Safety InspectionsSome stakeh
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4.4 Employer Responsibilities4.4.1
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The Panel feels that the instrument
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Recommendation: 4.6.2 Consistency w
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others have experience as employers
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While the Panel heard positive comm
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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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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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SUMMARY OF FORMAL PRESENTATIONS AND
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SUMMARY OF FORMAL PRESENTATIONS AND
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