May 2022 Summary Reports
This is a summary of all the stakeholder feedback received throughout May 2022 on the following:
Policy Amendment Proposals
- RE-01 Return to Work - Overview
- RE-02-1 Duty to Co-Operate, Part 1 of 4: Early and Safe Return to Work Plans
- RE-02-2 Duty to Co-Operate, Part 2 of 4: Roles and Responsibilities
- RE-02-3 Duty to Co-Operate, Part 3 of 4: Functional Abilities
- RE-02-4 Duty to Co-Operate, Part 4 of 4: Penalties for Non Co-Operation
- RE-03 Mitigation of Loss
- RE-04 Employer’s Obligation to Re-Employ
- RE-05 Alternative Employment Comparable to Employment at the Time of the Work-Related Injury
- RE-06 Accommodating Work or a Workplace
- RE-07-1 Compliance with the Re-Employment Obligation
- RE-07-2 Re-Employment Penalties and Payments
- RE-07-3 Termination after Re-Employment
- RE-08 Re-Employment Provisions of Collective Agreements
- RE-09 Relocation of Workers
- RE-10 Vocational Rehabilitation
- RE-11 Vocational and Academic Assistance for Surviving Spouse
- RE-12 Employment Readiness
- RE-13 Determining Suitable Employment and Loss of Earnings Capacity
RE-01 Return to Work - Overview
General Comments
Section 4 Vocational rehabilitation –
- Paragraph 1 - In cases where a worker has reached (or is expected to reach) maximum medical improvement, but is unable to work at the earnings level at the time of the work-related injury, the worker may be offered a vocational assessment to identify current skills and abilities and to determine options to assist the worker to work at the employment at the time of the work related injury, preferably at the earnings level at the time of the work-related injury, given the residual level of function post-injury.
- How can we try to get them earning at the old level of earnings when it has already been determined they are unable to work at the old level of earnings?
Section 6 – minor edits for formatting
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
RE-02-1 Duty to Co-Operate, Part 1 of 4: Early and Safe of Return to Work Plans
General Comments
- Minor edits for grammar and spelling pertaining to phrase ‘return to work’; suggest that it requires hyphens when used as an adjective
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
RE-04 Employer’s Obligation to Re-Employ
General Comments
Section 1 General –
- Paragraph 2 - This wording raises many questions. Suggested edits for clarity
- The Board will determine how this criterion is applied in cases where the number of workers varies or is not clear cut
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
RE-07-2 Re-Employment Penalties and Payments
General Comments
Minor edits for grammar and spelling pertaining to phrase ‘loss of earnings’; suggest that it is misspelled in the Act and requires hyphens or alternatively use phrases such as ‘earnings-loss benefits’ or ‘benefits relating to loss of earnings’Section 5 Collection of administrative penalties – Stay of administrative penalty (new title) – suggest minor edits for grammar
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
RE-09 Relocation of Workers
General Comments
The title of Appendix A refers to exclusions but the bullets referencing snow blowers and canning jars are limitations and should be listed under a separate section titled ‘Limitations’
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
RE-10 Vocational Rehabilitation
General Comments
Section 2 Vocational assessment Paragraph 2 – minor edits for clarity
Section 4 Evaluation of vocational rehabilitation options – minor edits for grammar
Gaps in the Policy Proposal
No feedback received
Additional Comments
No feedback received
Other Remaining Policy Amendment Proposals
No feedback received on the remaining policy amendment proposals- RE-02-2 Duty to Co-Operate, Part 2 of 4: Roles and Responsibilities
- RE-02-3 Duty to Co-Operate, Part 3 of 4: Functional Abilities
- RE-02-4 Duty to Co-Operate, Part 4 of 4: Penalties for Non Co-Operation
- RE-03 Mitigation of Loss
- RE-05 Alternative Employment Comparable to Employment at the Time of the Work-Related Injury
- RE-06 Accommodating Work or a Workplace
- RE-07-1 Compliance with the Re-Employment Obligation
- RE-07-3 Termination after Re-Employment
- RE-08 Re-Employment Provisions of Collective Agreements
- RE-11 Vocational and Academic Assistance for Surviving Spouse
- RE-12 Employment Readiness
- RE-13 Determining Suitable Employment and Loss of Earnings Capacity