Adjustments To The Alberta Employees’ Compensation Act Coming Into Pressure On April 1, 2021 – Employment and HR

Canada:

Changes to the Alberta Workers’ Compensation Act will take effect April 1, 2021

March 03, 2021

Lawson Lundell LLP

To print this article, all you need to do is be registered or log in to Mondaq.com.

This is the first in a two-part blog discussing major changes to the Alberta Workers’ Compensation Act (WCA) and Occupational Safety and Health Act (OHSA) made as part of the government’s “Reducing Bureaucracy” initiative. While the legislature passed the changes in December 2020, most of the changes to the WCA will come into effect on April 1, 2021, while the new OHSA will come into effect with the proclamation (exact date to be announced).

This issue highlights four of the major changes to the WCA. Tune in later this week to learn more about significant changes to the OHSA.

1. Revise the obligations related to restoration and continuation of services

• The amendments remove the obligation of employers to reinstate employees who have served more than 12 months for previous injuries or comparable positions, as well as the rebuttable presumption that an employer who terminates an injured employee has failed to fulfill its obligation to return the employee to work is. Instead, employers must work with the board of directors and injured workers to ensure an “early and safe” return to work.
• Injured workers are required to take reasonable steps to mitigate their loss of income from workplace injury and to cooperate in developing a professional or other rehabilitation plan to facilitate return to work. Otherwise the compensation may be reduced or suspended. The changes represent a greater obligation for injured workers to actively participate in the processes and programs aimed at getting them back work.
• In addition, employers are no longer required to provide extended health care to workers for one year after the injury.

2. Changes in compensation for injured employees (effective from January 1, 2021)

• The changes reintroduce a fixed cap of $ 98,700 in the maximum gross compensation income for claims occurring on or after January 1, 2021, and remove the mandatory cost of living adjustments for compensation.

3. Shortened limitation period for complaints

• Complaints from Workers’ Compensation Board (WCB) decisions regarding compensation or assessments to the Appeals Board must now be filed within one year (of two).
• Even with this change, Alberta continues to have one of the most generous statutes of limitations in Canada, with most other jurisdictions requiring appeals against decisions made by an employee compensation committee typically within 30 to 90 days.

4. Abolish independent review bodies

• The changes abolish two independent review offices: the Fair Practices Office (responsible for reviewing the processes used by the WCB, Appeal Committee and Medical Panels Office) and the Medical Practices Office (responsible for resolving disagreements or other medical issues in the In connection with a complaint by an injured employee).
• Instead of the Fair Practices Office, the WCB will employ a “Fairness Review Officer” who is authorized, among other things, to review administrative fairness and decision-making processes and to make recommendations.
• In place of the Medical Practices Office, the Lieutenant Governor may appoint a Medical Panels Commissioner who is responsible for conducting the Medical Panel process.
• The changes are expected to make legal reviews less cumbersome, but possibly also less independent.

Overall, it is expected that the upcoming changes will significantly reduce the bureaucratic burden and offer employers more security.

Michelle Jones and Jennie Buchanan will host a webinar on March 17th to discuss these changes along with the new OHSA and how it will affect Alberta employers. To register for the webinar, click here.

The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.

POPULAR ARTICLES ON: Employment and Workers from Canada

The Ontario court sets high standards for abandoning jobs

CCPartners

While this is unusual, from time to time employers have to consider leaving jobs. However, as Hettrick’s recent decision against Triple F Paving shows, it is crucial …