Debates of October 30, 2006 (day 18)

Thank you, Madam Chair. I move that this committee recommends the government introduce amendments to the Workers’ Compensation Act as set out in WCB’s mandate, including its duty to assist injured workers in clear terms. Thank you, Madam Chair.

Thank you, Mr. Pokiak. The motion is in order. To the motion. Ms. Lee.

Thank you, Madam Chair. I just want to draw the attention of the Minister to this motion, because I think it’s a big one and it’s one that if done properly could really make a difference in the issues that we’re dealing with in this report. I would really like to recommend the Minister and anybody who cares to understand this issue to go and look at the transcript of our AOC public hearings where the workers’ advisor, Colin Baile, spoke to us about what Meredith principle means and the history of it, and how that in the last 60 or 70 years we, as a society, might have lost our way in living up to that principle. In his opinion, and I tell you it is an excellent presentation, and I took copious notes of that presentation, but that is available in print, in transcript. The one that I remember in that discussion was the fact that the Meredith principle that WCB infrastructure is built on is understood commonly where the benefit of doubt should always fall with the workers. But I think for those injured workers that have been through the process, and Mr. Baile who works with injured workers all the time, the practice now is becoming that the benefit only goes to injured workers where there is sort of a tie. Instead of benefit of doubt always falling with injured workers, that benefit of doubt only kicks in where the WCB looks at the situation, whoever is looking at the case, they look at it and say well everything being equal, you’ve got the employer’s side or doctor’s side and the worker’s side, and where everything being equal, the tipping issue is a Meredith principle. I argue to the Minister and anybody who cares to see this, that that is a wrong application of the Meredith principle and that’s a foundation for a lot of ill that exists in our WCB system. I think we, as a society, and we, as a Legislature, should stand up and say you know what, we don’t agree with how that applies. I think, if necessary, the Minister should look at changing the legislation to make it clear that the benefit of doubt has to go to the workers as it was always meant to be.

Another thing that Mr. Baile mentioned is the fact that our society has changed and that the Meredith principle came around when there used to be minors; there used to be seven-year-old slave labourers in the mine digging coal. We don’t live in that kind of society anymore, and there are new injuries like chronic pain and a lot of others things and depression and mental illness and all sorts of things that exist and WCB’s system is just not recognizing in order to fulfill a take that we may need a legislative statement very clear in WCB legislation to give that strength. So that’s the kind of thing that I’ll be looking from the Minister to make sure that please do not feel limited and restricted to the WCB legislation as they exist, because if there are gaps, then the Minister should exercise his powers to change those legislation. Given the report that we have here and the support you have from the Regular Members, and I have to tell you that I am sure that no Minister will have any problem passing such legislation here.

Another thing I want to say I want to assign to the new Minister to look at is that the WCB legislation the way its written is very lopsided toward ratepayers. There’s a very clear statement in the mandate of WCB that the mandate of the council is to look after the ratepayers, but there is no such strong, clear provision there that says that WCB looks after the workers too. I don’t think that is clear enough and that’s one more area of mandate. So all the work of WCB falls from that lopsided mandate. So whenever the worker is not getting their fair share, we’re being pointed to this legislation that’s lopsided. I would really urge the new Minister to look at that and I would really encourage him to really look at changing the mandate to equalize the power balance between the workers and the employers, because the Auditor General’s report came out to say that WCB is following all the rules and principles and policies and law and when you see that the outcome is such an unfair situation for a number of cases where there is a consistent injustice going on, then there is something wrong with the structure. I believe that it may be that’s the only way to fix that, is by changing the law and I would like the Minister to really inquire and he should get his own legal counsel if necessary to look at that. because I respect the independence of WCB, but I have to tell you that I believe that we have power within this Assembly to make sure that our own power to make laws and make good laws are exercised. Thank you, and I will be supporting the motion.

Thank you, Ms. Lee. To the motion.

Question.

Question is being called. All those in favour of the motion? Thank you. All those opposed? The motion is carried.

---Carried