Workers' Compensation Legislative Review 2020 Written
Submission Guide Questions The guide asks for
opinions on 19 issues, most of which
pertain to changes made to Workers' Compensation Board (WCB)
legislation in 2018. In many instances, a space for respondents
indicates whether they want to keep the status quo, modify a benefit or
condition, or eliminate it altogether.
Workers' Forum
Summarizes the Issues in the Review
- Earnings Cap: WCB
benefits are now based on 90 per cent of
earnings with no cap. Should a maximum insurance earnings cap be
reinstated? - Cost
of Living: Cost of Living (COLA) adjustments now provide
full COLA. Should they be reduced? - Presumptive Coverage:
Should presumptive coverage for
traumatic psychological injuries be retained, removed or modified? When
a worker is diagnosed with a psychological injury following one or more
identified traumatic events in the workplace, the injury is presumed to
be work-related unless proven otherwise. The guide states that as a
result of this change, the number of claims accepted for traumatic
psychological injuries has increased by 40 per cent. -
Health Benefits:
Should employers be required to continue health benefits for workers
while on WCB? - Interim
Relief: Should Interim relief for hardship
available to workers and employers be continued or removed from
legislation? The guide reports 98 requests for interim relief while
awaiting a decision, 96 from workers and 2 from employers, with only 15
requests granted. - Reinstatement of Injured Workers:
Should employers be
obligated to reinstate injured workers when they are ready to return to
work? The information provided suggests that the government may exempt
small employers and impose a post-accident time cap. It notes the
employer's legal duty to accommodate, and that a worker's only recourse
is through a human rights complaint, which take an average of 793 days
to resolve in Alberta. - Termination of Modified Work:
The guide notes that
some stakeholders are demanding that a worker fired for cause should
lose their WCB benefits. The comments in the guide indicate that the
Ministry is not interested in pursuing this particular, obviously
illegal, proposal. - Should all fund "surpluses" be
returned to employers?
The surplus is defined as the amount in excess of the fully-funded
ratio (114-128 per cent). Surpluses can now be used for health, safety
and
disability management initiatives, as well as being returned to the
employer. - Request
for reconsideration: 2018 legislation
introduced a three-step process for reconsideration of the decisions of
the Appeals Commission. Should the legislation revert to a one-step
process? - Time
Limits for Appeals: Workers now have two years to
appeal a decision of the WCB review board to the Appeals Commission.
Should the time limit remain or revert to one year? -
Benefit of the Doubt:
This language was added in 2018.
The guide suggests the change was not substantive and does not need to
be revised. - Industry
Associations: Should legislative oversight of
the seven industry health and safety associations funded through
mandatory dues paid by employers be retained or is such oversight
"intrusive?" - Occupational
Injury and Disease Advisory Committee:
The Committee was established in 2018, at which time the list of
occupational injuries and diseases had not been updated for four
decades.
Should it be retained or removed? - Choice of an Independent Medical
Examiner: A worker
can now choose an independent medical examiner from the roster
maintained by the Medical Panels Office rather than being assigned a
doctor. The guide suggests this does not cause delays or problems
however it neglects to mention that a worker's ability to choose is
quite often a farce
since in some
specialties only one physician is on the roster. - Selection of WCB Board and WCB
Review Panel: The Board
and periodic review Panel are now chosen from nominations put forward
by organizations representing workers, employers and the public. The
comments indicate that the government plans to return to selection by
government alone. The final question is, "Do you
have any suggestions for
streamlining the Act and associated regulations for reducing red tape,
regulatory and/or administrative burdens, while still supporting
injured workers?"
This article was published in
Number 55 - August 20, 2020
Article Link:
Workers' Compensation Legislative Review 2020
Website: www.cpcml.ca
Email: editor@cpcml.ca
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