This is page numbers 451 - 494 of the Hansard for the 15th Assembly, 6th 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 work.

Topics

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Doyle.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

Doyle

Thank you, Mr. Chair. The way that it addresses conflicting medical opinions is if there's a disagreement between the medical advisor and the health care provider, they can seek the opinion of another medical professional who specializes in the area, and that decision of that professional is binding on all parties.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

The Chair

The Chair David Ramsay

Thank you, Mr. Doyle. Ms. Lee.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

Sandy Lee

Sandy Lee Range Lake

Thank you. What sort of input do the workers and his or her medical advisor or health care provider have in choosing who that third person, opinion, might be?

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Doyle.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

Doyle

I'm sorry; I didn't hear the question.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

The Chair

The Chair David Ramsay

Thank you, Mr. Doyle. For a response, I'll go to Mr. Wright.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

Wright

Subsection (4) provides that the Governance Council can establish a policy that deals with things like how the medical professional is selected and submissions that the medical advisor of the board and the worker's medical person have to the third medical opinion, so that it requires that the Governance Council establish a policy to deal with that issue.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

The Chair

The Chair David Ramsay

Thank you very much, Mr. Wright. Ms. Lee.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 484

Sandy Lee

Sandy Lee Range Lake

Thank you. Before I move to subsection (4), I have a question on subsection (3), which speaks to the capacity under this clause to go to a third opinion. It says in there in 27(3) that this resolution is binding, so whatever the third opinion is, it's binding to both parties, subject to new medical evidence. So I have a question about what that new medical evidence means exactly, because it could happen in either case. You could have binding resolution on a conflicting medical opinion where both the medical advisor, WCB and the worker agree to a...Let me

just ask first whether they have to agree on who the third party is. Then they get a decision and it could be in favour of the worker or not. Say the decision is in favour of the worker, found the claim to be valid or whatever, but he says it's subject to new medical evidence. What does that mean? Could a decision be overturned on the new medical evidence and what is the standard of that new medical evidence?

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Wright.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Wright

Thank you. On the first issue, which was how the medical person is selected, the policy has to deal with that. That is not addressed specifically in the section. Obviously, there may be a number of ways that could be done. As far as the opening words of 27(3) are concerned, I think what that is saying is that the third opinion is binding but it's always possible that there may be new medical evidence. For example, there may be new technology available. So when the third opinion comes out, perhaps in the meantime there is some new technological means that can give a definitive opinion that is otherwise questionable, whether taking it from a question of opinion to something definitive. So that's saying that if there is some such evidence that's available, then that would put precedence over the third opinion.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Mr. Wright. Ms. Lee.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Sandy Lee

Sandy Lee Range Lake

Thank you. I want to reserve my question about subsection (4) again, but just following up on what Mr. Wright said, what assurance do workers have in listening to this explanation of subsection (3) that the new medical evidence will only be about something that was unknown, something totally new that would change your resolution, but it would not be another third opinion that would just reverse your decision? Do you know what I mean? That's what the workers are concerned about...or maybe WCB side, too. That there is some standard on what that new medical evidence should be that would put the question into new light, that it would not be...Could I just get the industry standard on that? Thank you.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Aitken.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Aitken

I would have thought that the new medical evidence would be, as Mr. Wright described, something that resulted in a change in technology or a change in how it's evaluated, but I would also think it would be medical evidence relating to the person themselves, some change to their medical condition that can be traced back to the workplace injury or disease. So there has been some change in their medical status that has to be reconsidered. Thank you.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Mr. Aitken. Ms. Lee.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Sandy Lee

Sandy Lee Range Lake

Thank you. I take that to mean that somebody...So if there is no condition change on the person...Oh dear, this is so hard. If somebody had a back injury and one doctor says no, it's not caused by work and another doctor said yes, it's caused by work, the WCB medical advisor says we don't think it's caused from work. Another doctor says you have an injury and it's caused by work and it should be compensable. You go to a third party and the third party agrees with the worker's side. No change in condition, no medical opinion or anything. There is no change in the worker's condition, but you cannot use a third opinion that agrees with the workers' compensation side to change that decision. I think that's what the people are concerned about. What assurances can be provided that that is not going to happen?

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Wright.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Wright

The section says "new medical evidence being acquired." So it's not like you are bringing in a fourth doctor because you don't like the third doctor's opinion until you keep stacking opinions until you get one you like. You have a new test or something new has come up that is new that three doctors who have looked at it already haven't seen. It's a new piece of evidence that might cause them to change the way they look at things. It's not a third or fourth or fifth or sixth opinion.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Mr. Wright. Ms. Lee.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

Sandy Lee

Sandy Lee Range Lake

Thank you. I do understand that and I approve that interpretation. I think that's what we meant to do. I think it's the difference between medical opinion and medical evidence. I just wanted to make sure that we put it on record, so that people out there could feel comfort in how this legislation will be interpreted. In the remaining seconds, I just want to ask the panel on subsection (4). It states there that much of how this will be implemented will be written out in the policies and procedures. First of all, would the Minister and Governance Council be willing to set up some sort of stakeholders' consultation group to see how this policy will be written? It's really hard to ask what is going to be in that policy because I don't think anybody in that panel will have a say on that in the level of detail that I like to look at. I would like to know, for example, would the injured worker have a say on who the third medical opinion person will be? How can we be assured that it's somebody who is neutral or somebody who is going to be seen to be objective, somebody who could have that level of distance and objectivity? That's a big concern, whether justified or not. The workers want to make sure that when they go to a third party binding resolution process that they will get a full, fair hearing. So any information the Minister could give me to assure me, just any information on this section would be helpful. Thank you.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Ms. Lee. Mr. Minister.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

David Krutko

David Krutko Mackenzie Delta

Thank you, Mr. Chairman. The present practice of the board with regard to any revised policy or introducing the new policy, they do err on the side of the workers and other partners in this where they do run it by them before they make a final draft. So they do run it through the different organizations, the workers, employers and vice versa. I think it's important that we stress that we put on consultation and ensure that we are transparent. That aspect with regard to establishing that policy will be done through that process which is being used today. Thank you.

Committee Motion 14-15(6): Amend Clause 12 Of Bill 6, Workers' Compensation Act, Carried
Item 20: Consideration In Committee Of The Whole Of Bills And Other Matters

Page 485

The Chair

The Chair David Ramsay

Thank you, Minister Krutko. Clause 27, committee? Ms. Lee.