Debates of June 5, 2006 (day 5)

Thank you, Mr. Speaker. Mr. Speaker, my questions today are for the Minister responsible for WCB and it’s further to my Member’s statement. Mr. Speaker, the basic rule of WCB is to have an insurance system that keeps the employers and the employees out of the core system. It’s very unfortunate that workers have had to go through the judicial system to get some relief. But if any, especially those suffering from chronic pain conditions, thought that the Supreme Court of Canada decision Martin or the Supreme Court of the NWT decision Valic were going to give them any relief and justice, I’m not sure if they’re not sitting there scratching their heads, especially in light of the Minister’s answer last week.

Mr. Speaker, my colleague Bill Braden has raised many questions, but the answers from the Minister were wholly unsatisfactory. Mr. Speaker, I have to ask the Minister what is the discussion, what are the instructions, what are the plans of the board in terms of dealing with changing its policy and operation in order to fit with the latest Valic decision? Thank you, Mr. Speaker.

Thank you, Ms. Lee. The honourable Minister responsible for Workers' Compensation Board, Mr. Dent.

Return To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. I believe I told the House in February that the governance council would be reviewing its chronic pain policy and revising that in light of the decisions in the courts. Their intention now is to finalize that this month and once that’s done, they will refer the policy, the new policy, to the Supreme Court for reference to ensure that it is in compliance with the Charter and court decisions.

Thank you, Mr. Dent. Supplementary, Ms. Lee.

Supplementary To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. Mr. Speaker, I would like to be satisfied with that, but given the Minister’s answers in the House last week, which seems to suggest that this decision is not as far in depth and breadth as they should be, I think that this was quite a decision. The courts said that the board violated natural justice, basically saying the process was denied. The board failed to ask for rehearing when it should have. The board failed to give notice to Mr. Valic when it should have. A tribunal fettered its discretion, meaning it didn’t do its job. The tribunal did not look at the details of the case, and, also, the board policy violates equality rights under Charter in that it treats people with chronic condition differently than other conditions. So I’d like to ask the Minister, I think we…I don’t want to see the board and Minister narrowing its actions to the decision only. So I’d like to know what broad policy changes the board is willing to get into. Thank you, Mr. Speaker.

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. The board has announced or said that they are not going to appeal the Valic decision. As I said, they are reviewing their policy. Their policy will be rewritten. They had, in September of 2004, issued a new policy for pain which dealt specifically with chronic pain and had felt that at that time that that policy would be in compliance with court decisions at that time. Now they are in light of more recent court decisions and they are reviewing their policy. So the understanding of the field has changed and the board is responding to that reality and will have a policy in place, as I said, later this month and they will check with the courts to make sure that policy is one that meets the test. Thank you.

Thank you, Mr. Dent. Supplementary, Ms. Lee.

Supplementary To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. My questions to the Minister are dealing with not only the court decision and dealing with the tribunal process, but a lot of other things that have to go in. Mr. Speaker, one of the things that Justice Schuler has said is that this WCB continues to deal with chronic condition as a temporary measure. They look at it as an injury. You’re going to get treated and if you don’t, well, too bad, so sad. You’re not going to be entitled to permanent partial disability or the same treatment as everybody else would. So I’d like to ask the Minister, as a Minister outside of this court decision, what he’s doing to change this policy and the way the board treats people with chronic condition. I don’t think he should just leave it to the court. I think he should do something as Minister of WCB, Mr. Speaker.

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. The governance council has told me that their intention is to develop a new policy and to refer to the courts to ensure that it is one that meets all of the tests. That, Mr. Speaker, I think meets all the requirements that are set out in the recent decision on Valic and it shows a responsiveness to the situation. The decision in Valic does not at any point say that somebody was negligent on the board and how they handled things. It does say that they did not, the court did not think that they handled the case according to the Charter, but it doesn’t say that it was done with any sense of negligence. The appeals tribunal has independent legal counsel. It’s not the counsel from the WCB. They felt that they had competent advice and that they were following it. So it’s a situation where the board had made changes over time in dealing with chronic pain. If it’s found not to be acceptable, then it will be one that is going to be changed. Thank you, Mr. Speaker.

Thank you, Mr. Dent. Final Supplementary, Ms. Lee.

Supplementary To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. I reject everything that the Minister has said in terms of how the board understands this decision. It’s very clear in the Minister’s answer last week that he’s going by what the board is saying. I’m telling you, this decision is saying that the board, the tribunal, the appeals tribunal, and the reassessment team screwed up. Okay? I mean, people have done wrong things. So I’d like to ask the Minister, because I could see that this could, I think the only way to fix this is the workers have their own lawyers to go through the process. So I’d like to ask the Minister if he would consider setting up a legal fund for the workers who have to keep fighting the legal system to get the WCB to do the thing that they’re entitled to? Thank you.

---Applause

Thank you, Ms. Lee. Mr. Dent.

Further Return To Question 56-15(5): WCB Policy Regarding Chronic Pain Syndrome

Thank you, Mr. Speaker. I guess as a Legislative Assembly we could have a discussion about the policy and whether or not we think that the no-fault insurance way in which the WCB has operated is the way that we want to do it. We could get rid of the WCB, bring in private insurance like they do in the States, and allow all sorts of litigation in order to see whether or not people get compensation. I think the system that we have, Mr. Speaker, is one that works well. There are some people who don’t feel that they’ve been satisfied and we have, with Valic’s situation, a case where the courts have directed that an applicant be heard again. That will happen, Mr. Speaker. But by and large the system works as it should and it is delivering a very good service to the people that it serves. Thank you, Mr. Speaker.