Debates of March 2, 2005 (day 47)

Thank you, Mr. Speaker. My questions this afternoon are for the Minister responsible for the Workers’ Compensation Board. In my statement earlier, I gave a bit of a five-year snapshot, Mr. Speaker, of the incidents and the rise of claims by injured workers. It’s up about 10 percent in five years and it’s quite understandable, given the level of activity in the NWT. But our claims division has rejected two-and-a-half times the number of claims filed from 1999 to 2003. Mr. Speaker, this would certainly seem to indicate that we’re taking very much an adversarial position decidedly against injured workers. Can the Minister explain, Mr. Speaker, this disturbing trend in our rejection rate of workers’ claims? Thank you, Mr. Speaker.

Thank you, Mr. Braden. The honourable Minister responsible for the Workers' Compensation Board, Mr. Krutko.

Return To Question 524-15(3): Increase In Workers’ Claims Rejections

Thank you, Mr. Speaker. Mr. Speaker, the Member is right; we do have a high number of accidents or incidents in the workplace, but because of the workers’ compensation system, it numbers somewhere about 3,000 individuals a year. We do have an appeals process and I think that because we have seen a change in attitude, we’re starting to see more people coming back with appeals that have been appealed in the past and also allowing the Appeals Tribunal to do their job. I think one thing that we’ve seen in the past is because there was a major backlog of the number of cases, we have put more resources and more people in that office to process these appeals. Right now, as it sits, through the number of accidents that are being reported and the number of people coming forward with applications, almost 90 percent of them are being processed through the Workers’ Compensation Board. That leaves 10 percent that are being appealed. So in the national average, that’s about where things are at.

Thank you, Mr. Krutko. Supplementary, Mr. Braden.

Supplementary To Question 524-15(3): Increase In Workers’ Claims Rejections

Mr. Speaker, I might take issue with a couple of the numbers. I’m just looking at the 2003 annual report, which is the latest document before the public. Mr. Speaker, the number of claims appealed bounced up considerably. Let’s look at that five-year picture from 1999 with 36 claims appealed; in 2003, 60 claims were appealed; a 60 percent increase. Is this not also a sign that our claims system needs an overhaul, Mr. Speaker?

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 524-15(3): Increase In Workers’ Claims Rejections

Thank you, Mr. Speaker. Mr. Speaker, as I stated earlier, we do have a 90 percent rate of processing applications. Again, I think because of changes in legislation, we are now dealing with a federal corporate ruling which dealt with a chronic pain disorder, which is now being diagnosed as part of the compensation system and because of the Supreme Court decision, we’re starting to see more people coming forward with those types of complaints where before they were rejected. Now that we have this new decision made by the Supreme Court, people are coming forward again, filing their appeals on the basis of this new ruling.

Thank you, Mr. Krutko. Supplementary, Mr. Braden.

Supplementary To Question 524-15(3): Increase In Workers’ Claims Rejections

That would be a very tangible and believable explanation, Mr. Speaker. My understanding is that court ruling came out after the block of statistics that I’m talking about. So I think the Minister is trying to wedge something in here that doesn’t really reflect the difference here. I would also suggest the Minister go back and check his math. The number of claims appealed is about double what he suggests it is, and I would say again we’re looking at 36 claims in 1999 and about 60 in 2002.

Mr. Speaker, yesterday l pressed the Minister on the recommendation for an operational review as posted by the Act Now legislative review, but his answers seemed to link us very closely with our sister territory Nunavut, of course, with which we share this board. I’m looking for answers, Mr. Speaker, for NWT injured workers. My question is do we have to wait for Nunavut’s authorization to go ahead with an operational review before we can begin to look after our own injured workers? Thank you, Mr. Speaker.

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 524-15(3): Increase In Workers’ Claims Rejections

Mr. Speaker, I don’t believe we need an operational review. It is a costly endeavour and the monies that are spent to operate the workers’ compensation come out of the employers' and employees' pockets. I think that we have to realize that, and also realize that they do an audited statement every year, through the Auditor General of Canada. Also, they have concluded a review in 2002 in regard to a special audit that was done on the operation. If the Member would like, I can get him a copy of that audit that has been done on the operations in 2002, to show him exactly how that review was done. Thank you.

Thank you, Mr. Krutko. Final supplementary, Mr. Braden.

Supplementary To Question 524-15(3): Increase In Workers’ Claims Rejections

Mr. Speaker, of course, the audited reviews and reports are available for every one of our agencies and departments. That is not what I am looking at, Mr. Speaker. It is a review of the way in which we treat injured workers, not the numbers. Assessment rates went up for employers in 2003, Mr. Speaker, but acceptance rates for injured workers' claims are going down. Meanwhile our fund remains remarkably strong, at a robust 110 percent, according to 2003 figures.

Shame, shame.

Which is more important, Mr. Speaker, the fund or the injured worker? Thank you.

Thank you, Mr. Braden. Mr. Krutko.

Further Return To Question 524-15(3): Increase In Workers’ Claims Rejections

Thank you, Mr. Speaker. Mr. Speaker, the workers’ compensation system we have in the North is probably one of the best we have in the country. It does meet the requirement of having no-fault insurance, so no one will get sued, but also to ensure that the workers, when they do get injured in the workplace, are taken care of. That is the whole idea of the regime and also having an appeals systems so those members who are rejected, when they put an application forward on whatever grounds, have an opportunity to appeal that decision.

In order to allow for that independence, they do a rigorous job of having hearings; basically doing investigations. All through that, the decision is made by the final Appeals Tribunal, which is forwarded back to the board to say yes or no. I think that we do have a process that is the best in the country and I think it is working great.