Debates of October 23, 2012 (day 21)
QUESTION 209-17(3): STANDARDS FOR INJURED WORKERS’ COMPENSATION
Thank you, Mr. Speaker. My questions today are for the Minister of Workers' Safety and Compensation Commission. Over the past three years, I’ve described the problem of injured workers not receiving compensation for the impacts of physical as well as psychological pain. Although the legal ability to compensate for pain evidently exists, no pain compensation is awarded, simply because the WSCC has not written a standard to rate the physical pain. The issue was referred to the NWT Human Rights Commission, and a complaint was upheld for referral to adjudication and that adjudication has been suspended pending the results of a negotiation with a specified client. Although, I am unable to refer to the details of that negotiation because of imposed confidentiality conditions by WSCC. However, can the Minister say whether a standard for rating and compensating the impacts of pain is being prepared by the WSCC?
Thank you, Mr. Bromley. The honourable Minister responsible for the Workers' Safety and Compensation Commission, Mr. Jackson Lafferty.
Mahsi, Mr. Speaker. The Member alluded to where we cannot talk about the specifics of a case that’s before the claims. This particular case is before the claims. When it comes to compensation and benefits for individuals, injured workers, I have had a meeting with WSCC, the president and also the chair, discussing various areas where the Member raised that issue with me earlier. I did raise the profile and we need to deal with those matters that are before us. Those are the areas that the organization is looking after but they are very careful discussing matters that are before claims.
Thanks to the Minister for those remarks. I realize there are areas that we can’t delve into. However, I do believe there is full agreement that pain is to be compensated and that the policy needs to be written first. That is what my inquiry is. I think that is out front and clearly public. It sounds like, from the Minister’s response, that hasn’t been done yet.
I’m wondering if the Minister can say when we can expect completion and introduction of that new standard, and when it will be rolled out to apply to all new claims for injury compensation.
I would have to get back to the Member on the status of the compensation, the policy that he is referring to. Like I said, I did meet with my staff at WSCC and they did inform me that the paper was coming and that these are the areas we take seriously into consideration, were the compensation for injured workers. I have to get back to the Members on the exact status of the report.
Thanks for the Minister’s remarks again. I know the Minister is aware of the situation and has been supporting getting it resolved, but the standard does obviously need to be prepared, and to ensure accountability and sensitivity to client needs there has to be some transparency in its development.
I’m wondering if the Minister knows, or perhaps could assure me that the standard as it’s being developed examines other jurisdictions’ policies, seeks independent medical advice, and how the policy development will include the input of clients who will be affected by the standard ultimately developed.
When I met with WSCC staff to talk about the standards that are being developed, we wanted to do research in other jurisdictions, as well, as we’ve done with various other initiatives that we’ve undertaken when it comes to policy development, or benefits, or compensation. The discussion on potentially having input from the clients themselves, those are discussions we’ve had, but I will take those into consideration when I meet with WSCC and gather that information.
Thank you, Mr. Lafferty. Final supplementary, Mr. Bromley.
Thank you, Mr. Speaker. Thanks for that commitment from the Minister. Another issue here, and this has dragged out this case over four or five years now, has been the backlog of cases waiting assessment by the only physician contracted by the WSCC to do the assessments. Frequently, there hasn’t been one. I’ve been assured in the past that more staff are being contracted to eliminate that backlog and keep it from accumulating.
Can the Minister tell me if the backlog in physician assessment of new claims has been cleared, and if not, what steps are being taken to deal promptly with our injured workers?
My understanding was that the department, WSCC has been looking into the assessment backlog and to deal with that matter, find solutions. I have to get the latest update to the Members. I don’t have that information here before me but I will provide that to the Members.
Thank you, Mr. Lafferty. The honourable Member for Hay River North, Mr. Bouchard.