100 Years WCB

10 WINNIPEG FREE PRESS, SATURDAY SEPTEMBER 3, 2016 YEARS on your We look forward to continuing our shared goal of preventing loss and protecting people. CONGRATULATIONS ANNIVERSARY! 10 10 1 0 00 0 2001-2016 Modern Day • In 2001, the WCB extended rights of benefits and services to same-sex couples. • In 2002, The Workers Compensation Act was amended to include a presumption of compensation for full-time firefighters who are regularly exposed to fire scene hazards and who contract certain cancers. • In 2002 and 2012, the WCB opened regional offices in Thompson, Manitoba and Brandon, Manitoba. These new offices were a result of the WCB's commitment to continuously improve the service it provides to workers and employers. • In 2003, SAFE Work launched its first public awareness campaign. At the time, the WCB partnered with Workplace Safety and Health to promote SAFE Work, a personal risk management model that stands for: Spot the hazard, Assess the risk, Find a safer way, Every day. In 2014, the WCB consolidated prevention staff and initiatives from the WCB and Workplace Safety and Health and established SAFE Work Manitoba. • In 2016, legislation came into force to presume that post-traumatic stress disorder is a work-related occupational disease unless the contrary is proven. W hen workers are sick or injured, navigating an unfamiliar claims system can be an added stressor. In Manitoba, workers and their families have access to two free services that can assist them in dealing with Workers Compensation Board (WCB) claims. The Fair Practices Advocate (FPA) is an impartial arm of the WCB, while the Worker Advisor Office (WAO) is an independent agency staffed by Labour Program employees of the Manitoba Department of Growth, Enterprise and Trade. "The WAO looks at claim deci- sions and appealing those where there is an appealable issue, where- as the Fair Practices Advocate is in- volved in issues of fairness that are brought before them," says WAO manager Melissa Churchill. "We offer a range of services de- pending on the nature of the case," she says. "We have staff who are experienced in WCB processes, policies, and the legislation, and we use that knowledge to help people navigate their own claims and some- times their appeals." The WAO can provide representa- tion, general information, referrals and explanations of policies and op- tions. Additionally, it can help clients prepare appeals so they understand the process and the type of argu- ment they might bring forward to bolster their case. The first step is to speak with an intake worker who will assess the claimant's information to determine his or her needs. "If there's been a decision made, it's helpful to have the decision let- ter in hand when you call so we can identify the reasons the WCB has given for the decision," she says. "We need to know why you dis- agree and what you have done so far." For example, a dispute may arise over the timing of return to work if the injured worker and his or her healthcare provider feel a longer re- covery period is needed. "We ask the client if they have dis- cussed this with their doctor and if the information has been provided to the WCB from the doctor explain- ing why they believe the timing is not right," Churchill says. "If all that information is already on the file, we might open the file and assign that to an advisor." An advisor will examine the case and determine whether an appeal should be filed. If required, the WAO can provide representation by making submissions to the WCB's review office, which is the first level in the appeal process. "We can also appear in person with the claimant in front of the appeal commission, which is the administrative tribunal which hears final appeals on WCB issues," says Churchill. Additionally, she says the WAO may provide assistance if a worker's employer has appealed a decision. "The worker involved has the op- portunity to participate in that ap- peal and know what their rights are." The FPA is another source of as- sistance for those who have issues with a WCB claim. Fair Practices Advocate Deana Martz explains that the FPA helps both injured workers and employers resolve issues with the WCB. In doing so, it helps the WCB improve its quality of service. Listening carefully to the client is the first step. "When we do that, we can often hear the subtext of what they are saying and what they are concerned about, because that really adds to the whole picture." Martz says that 'subtext' more fully reveals the issue at hand, which can help guide the solution. "Often when people phone, it's more than just the injury, it's the impact it's having on their life," says Martz. "For example, I was dealing with an injured worker who was in a wheelchair and was very frustrated with how the claim process was go- ing," she says. "She lived in a rural area, and it was a complicated claim that involved an accident with her car, so she couldn't get in her car and drive away from home. She couldn't go grocery shop- ping. She couldn't go visiting, never mind be able to go to work." Because Martz took the time to listen, she could see the bigger pic- ture. She spoke with a sector man- ager, who hadn't fully understood the situation and its impact on the woman's life. "We listen for that to round out the whole procedural part that the WCB does really well," says Martz. Policy is written in broad terms and is subject to interpretation and reinterpretation, which can change during the communication process. Sometimes Martz finds that an inter- pretation doesn't meet the intent of the policy. "I try to figure out what is going on and compare what happened in a claim to what is supposed to hap- pen in a claim according to legisla- tion and policies." However, she emphasizes that the interpretation has to be clearly wrong or clearly unreasonable be- fore she steps in, usually with a call to a sector manager to discuss the situation. "In some cases, we can resolve it at that stage or if need be I can move up more steps to get resolu- tion," she says. Workers have the option of turning to the FPA, the WAO or both services. "Sometimes clients come to the FPA first, and sometimes to WAO first," says Martz. "If you are unsure, phone us and if we can help you, we will," she says. "And if we can't, we will try to dir- ect you." ■ Assistance & Advocacy FREE SERVICES HELP WORKERS WITH WCB CLAIMS BY WENDY KING Fair Practices Advocate Deana Martz (left) and Worker Advisor Office manager Melissa Churchill. Photo by Darcy Finley The WAO can provide representation, general information, referrals and explanations of policies and options.

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