This is page numbers 1271 - 1335 of the Hansard for the 15th Assembly, 5th Session. The original version can be accessed on the Legislative Assembly's website or by contacting the Legislative Assembly Library. The word of the day was chairman.

Topics

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1297

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chair. Mr. Chair, the whole process we're going to now is to identify those crucial areas through the Auditor General's report, the Member's committee report, more importantly, redrafting the legislation that this board operates under. I think through these changes, these processes that we're going through, if anything, it will improve the communications that are out there which were identified by all parties. Also ensuing that we do have an appeals mechanism that does work and does serve the workers of the Northwest Territories.

Also, with regard to the Member's issues of timelines and how do you treat people and exactly how fair are we, with that, I'll pass that question over to the chair, Mr. Rodgers, with regard to how we conduct ourselves when we're reviewing appeals or applications by individuals.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Minister. Mr. Rodgers.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Rodgers

Thank you, Mr. Chair. I guess, first of all, from a Governance Council point of view, we don't look at this as our money. We're all on the same team here. We're all here because we want to help injured workers. We want to ensure that the fund is being looked after, and we don't look at it as our wallet. The system works for the high majority of claimants. Some claimants sometimes either fall through the cracks or they're not happy with how the system works. I think, out of 39,000 claims, we have 36,000 claims would come through, I think about 260 claimants have filed an appeal, which is a really low number. What we're doing, I guess, I won't speak to the administration end of it but from a GC point of view, that's why we're here. We look forward to the Auditor General's report and we're here to get input and to say we're all on the same team. If people are falling through the cracks, let's make it work. We really feel, and I know we're going to get into it a little later, our new chronic pain policy and perhaps some of the longstanding claims, there are few in numbers but, you know, had to do with the chronic pain policy and we think that we've filled that void now as a lot of jurisdictions across the country have had to do.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Rodgers. Ms. Lee.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Sandy Lee

Sandy Lee Range Lake

Mr. Chairman, Mr. Chairman just stated that that's why we are here, to get input, but I'm not sure if that's entirely accurate. The process we have now is that after much debate in the House, the House, -- this House -- passed a motion to invite the Auditor General of Canada to review the WCB. She did her job. We had public hearings. Our committee wrote a report with motions. This is a motion...(inaudible)...responding. Since then we have received a response from the WCB, so we are way beyond the getting input process. The response from WCB is basically we're not going to do anything in that regard. Perhaps because the chair and the GC or whoever is the decision-maker there feel that these long, drawn-out cases are very few, that by and large, the system works. I am just telling you, reading the response from the government, the WCB Tabled Document 104-15(5) and page 1 to the top of 3, your answer to that motion is not saying anything in terms of how you are going to improve that, unless, of course, you are saying things are working fine. I would just like to state that we are beyond the time of saying; we are looking for input. We are looking at action. We are talking in terms of if we are going to not get the response from WCB, then we are going to have to legislate everything. I don't think that is the way to go, to legislate everything. Legislative good behaviour has limits. So I wanted to know from WCB what sort of proposals they have to improve timeline and reviews and appeal process for those who go through that, however small that may be. What is the suggestion here? Thank you, Mr. Chair.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1297

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Doyle.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Doyle

Thank you, Mr. Chair. The point that we were making here and possibly not making it very well is that, at this point, of the longstanding claims that were identified through the Auditor General's report and through that process, there were only two of them that, right now, are before any body at all, both before either of the Appeals Tribunal or the review committee. We are addressing those as expeditiously as we can.

In the Auditor General's report, the comment was made several times that the way that we were communicating our decisions was causing a lot of difficulties with the claimants that were coming to us. That we will touch on a little bit later, but that has been part and parcel of our response to this whole report through the action plan. It has been to try and improve how we are communicating our decisions to people, which is really what the Auditor General identified as being the major problem.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

March 6th, 2007

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The Chair

The Chair David Ramsay

Thank you, Mr. Doyle. Before I go any further, I just wanted to make mention that we have had two speakers now. We have asked five questions in 20 minutes. So if you could, Members, please keep the preambles to a minimum and ask questions as good as you can. Next on the list I have Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Chair. With respect to the Appeals Tribunal, I would just like somebody to outline for me what kind of legal or administrative-type law support does that Appeals Tribunal have access to in conducting their appeals review process? Thank you.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

Thank you, Mr. Chair. Again, the Appeals Tribunal is separate and independent from the WCB. They have a budget item for their legal counsel. They can access that. Also for medical opinions they require, there is a budget for that. The budget is sufficient. They have never had to go beyond what they have been allocated for that amount. It is free for them to do what they wish with

that when they feel it is necessary to access legal opinions and medical opinions. Again, it is entirely independent of WCB, but they control that.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Mr. Chair, so then Mr. Triggs is suggesting that they may conduct appeals without seeking any legal advice? He is saying it is optional, so it is possible that some of these complicated cases that have been long outstanding, that the laypeople that sit on that Appeals Tribunal would arrive at conclusions without any legal opinion? There isn't an automatic requirement to have someone with a legal background sitting at that table?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

Currently, the tribunal members are made up of representatives of workers, employers and general public. I am not aware of any of them having their own particular legal background. They do have access to the legal advice when making their decisions. I do not know how often they access that legal advice, whether it is done on every case or not at all. I am not privy to that, but they do have the option and the ability to access legal advice when they feel necessary.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Chair. When they want to access legal advice, from where would they get that?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

It is my understanding that the Appeals Tribunal has a lawyer on retainer that they ask just questions of him for that. I believe it is John Donihee. He is a lawyer. When they require legal advice, they approach him with their questions. They may have other lawyers on retainer as well, but I am not aware of any.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Thank you, Mr. Chair. Does the lawyer who acts as legal advisor to the Appeals Tribunal have any contact in any other form or any other case with the Workers' Compensation Board?

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mrs. Groenewegen. Mr. Triggs.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Triggs

The only time when there would be, that I am aware of any contact, is when a worker is taking a matter for judicial review to Supreme Court. Then the WCB is made responsible for having to defend the decision of the Appeals Tribunal. That is the way the system works. It is the Appeals Tribunal decision. We are responsible for defending it. Sometimes there is communication with the Appeals Tribunal's legal counsel for the purposes of getting documents together and so forth.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 1298

The Chair

The Chair David Ramsay

Thank you, Mr. Triggs. Mrs. Groenewegen.

Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters
Item 16: Consideration In Committee Of The Whole Of Bills And Other Matters

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Jane Groenewegen

Jane Groenewegen Hay River South

Mr. Chair, has the WCB ever overturned the decision of the Appeals Tribunal?