Diccionario de la EDT

employers have a

duty to

accommodate

workers with

disabilities.

back to work by allowing them to continue to receive some benefits or money from the Commission in addition to their earnings for a defined period of time.

Results show that, over time, 97 percent of injured workers return to work or are fit to work at time of claim closure; 3 percent are unable to. Half of that number (1.5 percent) withdraw from the workplace, die or leave the workforce for personal reasons other than the injury. This number remains largely unchanged over the past five years, but there is improvement (to 3.0 percent from 3.8 percent) in the latest period for which complete data is available (2003 accidents).4

As seen in the following table, the proportion of workers who return to work has remained relatively constant from 2002-2006.

Case Managed Injured Workers with Lost-Time Claims

2002 2003 2004 2005 2006

Returned to work 77.9% 77.4% 77.8% 79.8% 77.9% Ready to return to

work 7.0% 6.3% 6.4% 5.8% 5.2% Closed for other

reasons 8.2% 8.5% 8.2% 8.1% 8.6% LTD (full or partial) 6.9% 7.9% 7.6% 6.3% 8.3%

Source: 2006 WHSCC Annual Report

The types of return to work programs vary across jurisdictions. Alberta appears to be the only other jurisdiction that offers a multidisciplinary program approach similar to New Brunswick’s. In most jurisdictions referral to a return to work program is through a case manager with the average wait time to start the program from date of referral of three working days to 12 months and is 2.5 weeks in New Brunswick (see following table).

Return to Work Jurisdictional Review

Percentage Ready to Return to Following

a Multidisciplinary Program

Average Wait Time for Service (Date of Referral to Starting of Program) Agencies / Persons giving the Referrals Injured Workers’ Satisfaction with RTW Program

NB 97% 2.5 weeks Case Manager 90% (2006)

NS Medium & High Risk Levels: 85.05% High Only: 69.01%

Program to start as early as possible once verbal assessment (approx. 20 days) report provided to case worker. Adjudicator / Case Manager 75% (2006) BC Pain Management Program: 82.7% ready to return to work.

413 calendar days from date of injury to referral; 16 calendar days from referral to admission. Case Manager 85% AB Complex RTWs: 72.2%; Provider-Based RTWs: 40.5%; Work Site-based RTWs: 11.7%

Target of 3 working days from the confirmed referral date.

Case Managers / Claim Owners

86.1%

SK Clinics are expected to

intake the worker within one week of WCB referral. Health Services Unit on behalf of case management team Planned for 2008 MB No formal multidisciplinary treatment program

N/A Case Manager

/ WCB medical advisors

No Stats available.

NT / NU Not available – data

not collected Not available – data not collected Case Manager through Vocational Rehabilitation Consultant contracted directly to the WCB No statistics available

YT Unavailable Unavailable Unavailable Unavailable

ON Unavailable Unavailable Unavailable Unavailable

QC No Stats No Stats Case Manager No Stats

NL Multidisciplinary program is an assessment program rather than a treatment program. It is an early intervention program (8– 16 weeks post-injury).

The average wait time from referral to admission to the early intervention

multidisciplinary program is approximately 2 weeks, but can vary depending on the volume we refer.

The referral itself will be prepared and sent from the Case Manager.

No Stats

PE Data not available Varies. At least 1 – 2

years Case manager 80%

Discussion of Key Issues

The duration of claims results reported across Canada may be influenced by a number of factors including:

• A low injury frequency is usually associated with higher relative duration;

• The waiting period in New Brunswick and Nova Scotia results in lower claims frequency;

• Differences in the population covered including the low scope of coverage in Manitoba and Saskatchewan; and

• Differences in economic conditions.5

New Brunswick’s claim duration before returning to work is longer than most jurisdictions and increased substantially between 2000 and 2005 from 89.67 to 102.84 days or an increase of 14.69 percent. Claim duration may be improved by enhanced partnerships with hospitals and health care providers to facilitate return to work.

An important return to work goal of the WHSCC is to decrease time by which workers return or are ready to return to employment. The Commission’s objective is to facilitate early and safe return to work for injured workers by working with and encouraging workplace parties to work cooperatively through rehabilitation.

The Independent Review Panel heard that joint return to work committees should be established in the workplace. This may be one way to facilitate safe and early return to work. Also, the incorporation of a goal of retraining for jobs that are suitable and reasonably available should be considered in developing a re-employment plan. When the injured worker and the accident employer are unable or unwilling to resolve return to work issues independently, the Commission may assist the workplace parties to resolve the dispute by:

• Working with the workplace parties to identify and communicate options or alternatives that would meet the needs of both parties; and/or

• Arranging for a third party mediator to assist the parties in resolving the issue.

A number of injured workers expressed to the Panel the need for increased support by employers and the WHSCC to the injured worker. No one party can make significant progress in decreasing claim duration without acceptance by both the employer and the worker involved with the claim. All parties need to be fully engaged. NB Power is an example of an employer who, through a comprehensive program

5 _{Morneau Sobeco, Report on Certain Coverage, Benefit Provisions and Operational Aspects of Current System,} January 2008, p. 23.

called Healthy Employees through Accommodation and Learning (HEAL), keeps the injured worker engaged with the workplace through visits and providing work at home if unable to be at the workplace, such as paper work, review of work processes, and delivery of training packages.

Under the Workers’ Compensation Act, employers with 10 or more workers have a legislative responsibility to re-employ injured workers in:

• The same or equivalent job if the injured worker is capable of performing the required duties; or

• Suitable employment that may become available with the employer, with no loss of seniority or benefits if the injured worker is incapable of performing the required duties of the pre-accident job.

A number of employee groups advocated strengthening return to work legislation and enhancing the Commission’s lead in return to work activities. The respective roles of parties in achieving safe and early return to work following a longer term claim are reflected in the obligations of parties under the Human Rights Code (accommodation) and as set forth under the Workers’ Compensation Act. The Independent Review Panel believes the legislation should clarify that the return to work provisions in the Act do not relieve employers, unions and workers from fulfilling their obligations regarding accommodation and return to work as required by the Human Rights

Code. Furthermore, the WHSCC should widely distribute established

guidelines confirming this clarification. Where conflict arises over the obligations or rights around the return to work processes, a WHSCC- facilitated mediation process could assist parties in finding resolution. The Independent Review Panel also believes the WHSCC should be more actively engaged with the medical community to expedite workers to early and safe return to work. Finally, the Panel would encourage the Commission to develop return to work incentives for smaller employers.

Recommendation # 39

The Independent Review Panel recommends the following principle be added to the Commission’s goals when developing a re-employment plan: “Retraining for current jobs that are suitable and reasonably available.”

Recommendation # 40

The Independent Review Panel recommends the WHSCC encourage stakeholders to establish joint return to work committees in the workplace.

Recommendation # 41

The Independent Review Panel recommends that WHSCC direct an information/education process as to the rights and responsibilities of employers and workers, as well as the enforcement of responsibilities regarding the re-employment obligation.

Recommendation # 42

The Independent Review Panel recommends the legislation to be clarified to confirm that the return to work provisions in the Act do not relieve employers, unions, and workers from fulfilling their obligations regarding accommodation and return to work as required by the Human Rights Code.

Recommendation # 43

The Independent Review Panel recommends that when communication between workplace parties ceases, or if workplace parties are not cooperating in a re-employment process, the Commission may implement third party mediation to help workplace parties find a resolution.

Recommendation # 44

The Independent Review Panel recommends developing return to work incentives for smaller employers.