Debates of May 31, 2006 (day 2)
Member’s Statement On WCB Appeals Tribunal Rehearing For Ivan Valic
Thank you, Mr. Speaker. In the February session, I spoke of the ongoing difficulties of an injured worker, a 51-year-old man whose life has been shattered by a 19-year-long battle with the Workers’ Compensation Board. Mr. Ivan Valic is one of some 40 injured workers that I know of, Mr. Speaker, who have experienced a never-ending appeals treadmill with the Workers’ Compensation Board Appeals Tribunal system.
Mr. Valic is angry at the system. His oft repeated question is who is responsible? Who is accountable? Why doesn’t the Minister do something? Why doesn’t the Premier do something? Who is accountable? The accountability question is one that is not well answered or clearly defined. In an exhaustive ruling filed December 14th last year. Madam Justice Schuler of the NWT Supreme Court found that Mr. Valic was indeed discriminated against under section 15 of the Charter of Rights and Freedoms, because the board’s policy on chronic pain syndrome fails to treat those injured workers on an equal footing with other workers.
Further, Justice Schuler concluded that through the board and the tribunal’s dealings, there was denial of natural justice. Mr. Valic sought to have his case reheard by a fresh and independent appeals panel within 60 days. Justice Schuler granted Mr. Valic’s appeal to a freshly constituted tribunal and the Minister is now seeking appointees to this tribunal which, I understand, closes today.
Mr. Speaker, Justice Schuler did not order the 60-day hearing deadline, but her ruling was clear in its intent to see Mr. Valic’s rehearing completed in reasonable time. Mr. Speaker, it’s been more than 160 days since Justice Schuler’s decision; 100 days more than originally sought by Mr. Valic for the rehearing. The timing now clearly rests with the Minister to ensure that a freshly constituted appeals tribunal is in place. I will have questions for the Minister on this process at the appropriate time later today, Mr. Speaker. Thank you.
---Applause