Debates of May 19, 2010 (day 14)

Date
May
19
2010
Session
16th Assembly, 5th Session
Day
14
Speaker
Members Present
Mr. Abernethy, Mr. Beaulieu, Ms. Bisaro, Mr. Bromley, Hon. Paul Delorey, Mrs. Groenewegen, Mr. Hawkins, Mr. Jacobson, Mr. Krutko, Hon. Jackson Lafferty, Hon. Sandy Lee, Hon. Bob McLeod, Hon. Michael McLeod, Hon. Robert McLeod, Mr. Menicoche, Hon. Michael Miltenberger, Mr. Ramsay, Hon. Floyd Roland, Mr. Yakeleya
Topics
Statements

QUESTION 168-16(5): ISSUES REGARDING WORKERS’ SAFETY AND COMPENSATION COMMISSION

Thank you, Mr. Speaker. My questions today are for the Minister of Workers’ Safety and Compensation Commission. Jurisdictions have enacted workers’ compensation legislation to ensure every worker is protected when they suffer injury in the workplace, yet I can’t help feeling my constituent would have been wiser to have a car accident with instant free access to legal advice, medical examinations and other services through his insurance company. Why does it take months for WSCC to move files when all that is needed is the prompt advice of its medical and legal advisors? Mahsi.

Speaker: MR. SPEAKER

Thank you, Mr. Bromley. The honourable Minister responsible for the Workers’ Safety and Compensation Commission, Mr. Robert McLeod.

Thank you, Mr. Speaker. In this particular case there were decisions that were made. The constituent had had appeals on the decision. They went through the review process and recommendations have been made. I am not sure if they have been communicated to the constituent yet. Until I know for certain that they are, I have no comment on it any further. Thank you.

Mr. Speaker, yes, that was a general question rather than specific to this advice. I am not aware that my constituent has been advised as per the Minister’s question there. I want to preface my next question, Mr. Speaker, by saying that on the many occasions with this file I have had to contact the Minister I have received some assistance. It is just my point is I shouldn’t be having to go to the Minister so many times for help. The WSCC used to have its own legal services providing advice to claimants but has backed off this support to provide only a worker’s advisor. When its processes are so highly legalistic, why were claimants denied and why are they being denied the level playing field of legal services? Why did the Minister’s office have to tell the commission legal service funds are available, something the commission itself didn’t know and ask? These are typical sorts of things that I think should be done beforehand. Why is there not good communication on this? Thank you, Mr. Speaker.

Mr. Speaker, there is a worker’s advisor that works closely with the workers and gets some information on their case. They do try and get some legal opinions for the injured workers. Communication has improved. WSCC has gone a long way in trying to improve the services that they offer to clients. We have 86 percent of our injured workers that are paid within the first 20 days but there is still the other 14 percent that we need to be concerned about. We are taking steps to address that and improve how we offer services to clients. Thank you.

Mr. Speaker, thanks for the Minister’s remarks there. We have a system where one agency polices the workplace, administers claims and makes the decisions, in this case, without knowing or admitting the discretion it has to vary recommendations of its advisors. What will this Minister do to actively, regularly and independently monitor the activities and judgements of the WSCC to put the injured on a more level playing field? Thank you.

Mr. Speaker, I did communicate and I get regular reports from the worker’s advisor on the number of claims that that office is dealing with, and any outstanding claims we also get information on those. If we find that there is something there that I need to ask about, then I will contact the Governance Council or the president and make some inquiries and attempt to get some answers. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. Final supplementary, Mr. Bromley.

Thank you, Mr. Speaker. I look forward to those reports. Many of the delays my constituent experiences in this case, sometimes lasting several months in duration, have been because the medical advisor simply was not available. Surely this can be resolved by having an alternate advisor for when the medical advisor is unavailable. Will the Minister recognize the dire straits of injured workers waiting for decisions and commit to putting in place a mechanism to deal with absent medical advisors to keep the process moving forward? Mahsi.

Mr. Speaker, that is a very good concern. It is something I will commit to the Member that I will speak to the commission about trying to address and maybe have an alternate medical person that we can get medical advice from when a person is not there. That way, we won’t have a delay in processing some of the claims. Thank you.

Speaker: MR. SPEAKER

Thank you, Mr. McLeod. The honourable Member for Kam Lake, Mr. Ramsay.