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The structural role of the Workers' Compensation Board in the individual economy of British Columbia Moeti, Michael 1988

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T H E STRUCTURAL ROLE O FT H EW O R K E R S '  C O M P E N S A T I O N B O A R D  IN T H E INDUSTRIAL E C O N O M Y O F BRITISH COLUMBIA by  MICHAEL M O E T I  B.A. Simon Fraser University,  1987  A RESEARCH PROJECT SUBMITTED IN PARTIAL FULFILLMENT F O R THE REQUIREMENTS F O RT H ED E G R E EO FM A S T E RO F ARTS  T H E FACULTY O FG R A D U A T E STUDIES (Department of Sociology) W e accept this thesis as conforming to the required standards  Supervi sory C o m m i tteeI Dr « Bob Ratner Dr. Nancy Waxier-Morrison  Dr. Yunshik Chang  T H E UNIVERSITY O F BRITISH COLUMBIA October  1988  In  presenting  degree freely  at  this  the  University  available  copying  of  department publication  for  this or of  thesis  this  partial  of  British  reference  thesis by  in  for  his thesis  and  or for  her  University  DE-6 ( 2 / 8 8 )  of  Canada  British  study.  Columbia  of I  I further  purposes  gain  the  shall  requirements  agree  that  agree  may  representatives.  financial  Department  Vancouver,  Columbia,  scholarly  permission.  The  fulfilment  be  It not  is  that  the  Library  permission  granted  by  understood be  for  allowed  an  advanced  shall for  the that  without  make  it  extensive  head  of  copying my  my or  written  ABSTRACT This  thesis outlines the structural problems that, affect the  operation  of  the  Workers*  Compensation  Board  within  the  industrial economy of B.C. The study confines itself to the years between 1972 in  B.C.  and 1937, a period in which  underwent political and economic transformations  the governmental aegis of the New then  workers' compensation  the  Social  ostensibly  Credit  contradictory  under  Democratic Party government and  Party.  In  functions  autonomous component of the state,  order of  to  the  understand  WCB,  a  the  partially  liberal - pluralist and  Neo-  Marxist models are compared and contrasted. The  thesis  functions: quo.  concludes  capital  Historical  that  the  UCB  serves  two  principal  accumulation and legitimation of the  and  contemporary evidence shows that  status  the  WCB  continues  to serve the interests of employers at the expense of  workers.  Low  safeguards,  government  delaying  expenditure  of workers *claims,  employers violating safety  legislation,  safety inspectors, and the habitual are clear indications  on  that the WCB  health  and  safety  weak penalties against  the chronic scarcity of  undercompensation of claims, puts costs ahead of  workers'  health. The W C B ' s rejection of radical solutions to the problems, solutions likely to offend employers, pro-capital bias of the Thus  the  framework  study  is further evidence of the  WCB.  rejects  the  1 iberal -plural ist  interpretive  and reaffirms the structuralist, interpretation i i  as  an  appropriate a  schema for understandirig how the W C B operates within  capitalist  economy.  Alternatives to the W C B policy  such as  a universal disability plan, are explored.  The chief method of investigation used in this research study was  to  interview  workers and  specialising in the WCB, various  evaluative  their  representatives,  and W C B staff.  Available W C B data and  reports on the W C B were important  sources of information.  i i i  lawyers  secondary  TABLE OF C O N T E N T S  Abstract.  ii  Table of Contents  i i i  Acknowledgement  vii  Chapter I - Introduction A.  1  Interpretive Framework  6  a. Liberal-Pluralist Theory B.  NeoMarxist Alternatives  '.. 10  a. Instrumentalist State Theory b. Structuralist-Marxist Theory c. C1 ass Conf1i c t (Gramsci an) C. The WCB record as a test case of the applicability of the liberal- pluralist. theory Footnotes  IS 23  Chapter II - The WCB in British Columbia < "formal blueprint" > . . . . . . . .  27  A. Origins  23  B. History/Policies  30  C .' Functions  37  41  i. i i. iii.  Claims Adjudication Rehabi1i tation Sec tion Accident Prevention Inspectors  i v . Med i c a 1 Depa r t m e nt iv  v. Legal Department D. Current Controversies  46  Footnotes  51  Chapter III. - The Mobilization of Bias (1972-1987) A. WCB Decisions and Precedents i. i i. iii.  Conf1i c t of Fun c t i ons Burden of Proof  C. Critique of the WCB Decision-making and Pol icy Formulation i . Acc oun tab i i i ty (a) Access to worker files  iii.  59  File Disclosure  B. Policy Otientation of the WCB toward Worker Safety and Accident/Health Hazard Prevent ion  ii.  52  Health and Safety Regulations Claims Adjudication and Rehabilitation (a) Taking the initiative ( i ) Communication during the dec ision-making process (ii) Structural contradictions and 1 imitations (iii) Enforcement of health and safety 1eg i s1a t i on (iv) Internal staff problems (b) The Power of the Chairman (c) Political interference  76  S3  < d ! > Ombudsman's study of the W C B (i ! >  Delays in deciding appeals  <ii> Lack of oral hearings D. W C B Response to Criticism  105  E. Identifiable Patterns of Bias in the W C B ....... 110 Footnotes  117  Chapter IV - Summary and Conelusions . . . . . . . . . . . . . . . . . . . . . . 1 2 0 A. Evaluation of the Applicability of the Liberal - Pluralist Theory  122  B. Structural Role of the W C B vis-a-vis state theory  124  C. Possibilities for Reform of the W C B  128  D. Alternatives to the W C B  133  Footnotes  137  Append i x 1  -  Appendix 2  138 1 4 3  Append i x 3  144  Bibi 1 iography  145  vi  ACKNOWLEDGEMENT  I  wish to acknowledge and thank the following  persons, in  particular, for the information that they provided: Maureen Cain, a  claims adjudicator at the WCB,  Federation of Labour (BCFLJ, Confederation  of  Bruce Elpihistone  of the B.C.  Cathy Walker of the B.C. Council,  Canadian Unions (CCU),  and K a m  Prasad  PH.D.  <UBC:>.  I would also like to express m y gratitute to senior supervisor Dr.  Bob  interest, project.  Ratner and Dr.  Nancy Waxier-Morrison for  their  time,  and valuable support throughout m y work on this thesis As well,  Ia m indebted to Dr. Yunshik Chang who kindly  agreed to serve on the advisory committee at short notice.  vi i  CHAPTER I  INTRODUCTION  1  The occupational distressing economic  health  and safety  in  B.C. is  and of vital concern from both human resources and  points of view.  According to the Annual Report of the  Workers Compensation Board of B.C., loss and claims,  the number of accepted wage-  the result of workers who have been exposed to  harmful chemical, has  record  biological,  and other stress factors at work,  been increasing annually over the past ten years (19S1 . No.  1:19> .  The debate over occupational health and safety issues is often centered on the definition and meaning of these concepts as they apply to workplace  injury  and accidents. For instance, safety  hazards refer to those aspects of the environment which can cause burns,  electrical shocks, cuts, sprains, bruises,  or the loss of limbs, is  often  equipment employment  task  that requires caution  with  industrial  and training • (Ashford,  safety hazards refer to the 'explosive' nature of  health  hazards  and dusts,  forms  hazards  associated  or the physical environment, or usually involves an  chemicals,  other  or hearing. In this regard harm  violent in nature and is  1977). While  chemicals  eyesight,  broken bones,  refer  to toxic  and carcinogenic  often in combination with noise,  of stress <Ibid.:9).  and the human  The interaction  organism is described  occuring through the senses,  heat and of health  by Ashford as  by absorption through the skin, and  by intake into the digestive system via the mouth. The result of this interaction m a y be "respiratory disease, or  a shortening  life expectancy due to  systemic poisoning  general  physiological  deterioration concepts the  (Ibid.).  has  of  irreversible'  and  point i s that  in  the  analysis  and  l e d to the c o n c l u s i o n t h a t ,  effects  in  A closer  health  hazards  c o m p l i c a t e d by involving  workplace.  may  evidence  carbonyl  and  be  1344  cancer  non-occupational  workers exposed  per  of  carbonyl  at  cent  For  Clydack  c a s e s of n o s e c a n c e r These f i g u r e s  i s higher  than  (Clement,  cutting  policy  designed  in  B.C.  workplaces, injury  of B.C.  severity  1931). Carbonyl cause  o f f oxygen f r o m  toxic  covering and  135  Occupational  to  recentbetween  chemical  to prevent and  reporting has  Health  and  c a s e s of a  lung  substantial 2.3  result  in  l u n g s as  i s the  case  known t o have d i e d  after  (1931:  242).  four  The  safety  to  absence  structures  t h e s p r e a d of o c c u p a t i o n a l d i s e a s e  the  significant  system  safety  period  p o i s o n i n g , the  of  the  omissions  Workers  c o n t r i b u t e d to the p u b l i c ' s  h e a l t h and  the  r a t e s of between  One  legislation.  S a f e t y (OHS)),  The  in  the  Compensation  ignorance of  important  o c c u p a t i o n a l d i s e a s e i n the workplace  occupational  ten  of d e a t h  the  of o c c u p a t i o n a l h e a l t h h a z a r d s .  preventing  case  chemicals  example,  represent  the expected  i s the d i r e c t  this highly  and  Board  factors. A  to cancerous  o r g a n i z e d p r e v e n t i v e o c c u p a t i o n a l h e a l t h and  existing  cumulative,  there i s a r e l a t i o n s h i p  where a number of w o r k e r s a r e  contact with of  5S  inhalation  d a y s by  Inco,  that  a t Inco,  reported.  which  2.4  eleven  suggests  to a study  were  and  hazards,  Some c a n c e r s a r e known t o t a k e f r o m  t o 1372,  increase  slow,  both  cancer.  According from  of  unlike safety  twenty y e a r s b e f o r e t h e y become m a l i g n a n t . medical  contrast  the  method of  i s to introduce u l t i m a t e g o a l of  a c c o r d i n g to the  World  Health  Organization  maximize the  is  q u a l i t y of  t o promote c o n d i t i o n s life  -protecting  ill  health  and  and; accidents  (WHO, operationalise this definition,  and  s a f e t y s t r u c t u r e s and In  most  B.C.  preventive preventive are  occupational  doctors,  doing  workplaces  nurses,  industrial  p r e - e m p l o y m e n t and  site  visits,  etc.  agents e x i s t s .  health  and  safety at  (Hardwick, did  occupational where dust  workers (silica  pressure, safety  and  safety  and  organized  other  t h i s proposal has  "holistic"  exist  s e n s e of  ( S e c t i o n 78  the  4  to  above  in  B.C.  definition B.C.  would  (WCB)  initiate  in these i n d u s t r i e s (lead  mercury), atmospheric  WCB's h e a l t h  i n the  s t a t e and  l a c k of  and  high  i n the  introduced  absence or  work  occupational  generally  programs  t o examine the  the  personnel  examinations,  e x c e s s h e a t and  n e v e r been  there  w o r k p l a c e s where e x p o s u r e  t o heavy m e t a l s  asbestos),  l i g h t - on  organized  By  regulations that  safety  exposed  t h e s i s attempts  to shed  no  W o r k e r s ' C o m p e n s a t i o n B o a r d of  and  health  regulations)  This order  but  health  i n the  hygienic,  i t i s meant that-  health  does not  not  are  h y g i e n i s t s , and  periodical  policy  least  are  safety,  "Comprehensive" or  , 1 9 8 0 ) . The  propose  there  physicians.  f o r w o r k e r s and  harmful  industries,  and  industrial  required.  today  health  health  1982:47) .  medical,  p o l i c y are  occupational  which  health;  -enhancing p h y s i c a l , h e a l t h  To  work  by: workers'  -preventing  at  legislature.  s t a t e theory  remedial  and  health  in and  safety  legislation  theory to  stems from  understand  safety  and  concerns.  the  the  By  of  theory  particular  of  ongoing theory, and  workplace.  importance workers'  has  behind  fails  to  toward  lack of  the  the  tools  of  workers'  should  be  arriving  remedial  and  rest  address we  state  health  as w e l l as  into account,  this  the  with  class  able  at  an  health  and  leverage  theory  - the labour  the  bureaucracy  operates  capitalism.  I t shows how  of  how  operates  the tend  the  management  capital's of  by  s t a t e theory  the p o l i t i c a l  the  control  the s t a t e  the  the  to  in  surrounding  state  in (WCB)  provides state  status  us  (WCB) quo  ambience w i t h i n which  to produce a p r o - c a p i t a l i s t  •5  labour.  attention  limit  t h e s t r u c t u r e of  capitalist  of  occupational  forces  the p a r t p l a y e d  in maintaining  The  struggle for control draws  Finally,  this  context  organized  c o n s e q u e n c e s of  and  i n the  i s s u e u s e d by  social  process,  how  conflict.  shows how  i n the  further  relations.  understanding  bureaucracy  analysis,  to  class  i s examined  become a s e c o n d a r y  control,  class  attention  been s h a p e d by  understanding  and  draw  between management and  compensation  reinforcing  to  s t a t e ( t h e WCB)  State  of  challenging  WCB  it  is a  us  a s a p o i n t of  labour  an  the  s a f e t y can  the  with  causes  perspectives  assists  along  labour  in  and  f o r examining  p r o v i d e us w i t h  Colombia  why  there  conflict  and  over  why  legislation  c l a s s nature  health  i t will  in B r i t i s h reasons  rationale  legislation.  State  State  that  motivations  different  understanding safety  The  taking s t a t e theory  explore  the  the f a c t  legislation  Canada,  to  i n B.C..  of the  bias.  A.  I n t e r p r e t i v e Framework  1)  Liberal-Pluralist The  liberal  power  pluralist  theory  d e a l s with  none  impose t h e i r  o f which h a v e s u f f i c i e n t will  on o t h e r s '  with  low  areas.  Political  overlap  are said  a s money)  and e c o n o m i c  Under  pluralism,  to  enough  of  multiple  about  democracy  power  an  interests issue  i n the United  democracy.  to  interest-  to consistently  just  operate  one.  Different  different  i s not evenly  issue  distributed  i s "noncumulative", that i s , and no s i n g l e  asset  (such  system  i s seen  as  reasonably  i f these  interests  feel  strongly  mobilize  pressure.  In  pluralist-  States,  popular  of  power.  the p o l i t i c a l  power and l i m i t e d  pluralist  not  have some power r e s o u r c e s , confers excessive  competing  resources  to  among t h e p o p u l a t i o n , b u t i n e q u a l i t y most p e o p l e  distribution  ( D a h l , 1 9 6 7 ) . The power s t r u c t u r e i s  up o f s e v e r a l c o m p e t i n g e l i t e s ,  elites  open  the  o r i n f l u e n c e * among a r a n g e o f v i s i b l e  groups,  made  Theory  Dahl  identifies multiple  sovereignty  Moreover,  a s two b a s i c  he c l a i m s  certain  centres  axioms  of  advantages f o r  such a system: 1. Power  Therefore, reconcilor itself  i s tamed and c o e r c i o n  minimized;  2.  the consent of a l l c i t i z e n s i n t h e l o n g run) ;  3.  t h e system f o s t e r s t h e p e a c e f u l s e t t l e m e n t of c o n f l i c t s t o t h e mutual b e n e f i t o f most if not a l l contending p a r t i e s ( I b i d : 2 4 ) .  the s t a t e  i s perceived  of c o n f l i c t  a s an  and t h e m i r r o r  a s t h e embodiment o f s o c i a l  &  i s promoted  impartial  a r b i t e r ; the  which s o c i e t y h o l d s  agreement  (Miliband,  up  to  1969:3).  The  pluralists  there the  are  s a i d to a l e r t  i s a separation  field  of  action  t o be  of  law  i s m a i n t a i n e d depends that, i s , the  whether  economic  including of  i t s coercive  powers) a r e  and  the  interests while  through cleavages  negotiating the  be  There  characterized issues, the  so  apparatus  internally  are  the  organized, group,  the  of  a p a r t i c u l a r group, As  a  the  viability  state  and  the  indirectly,  of law,  separation  in  vested  securing capitalist  definitive  of  basis  of  array  of  the  of  the are  changing  the  state  factors.  Among  interest  group  is  p o s s e s s e d by  the  citizens n e e d s of  that  -  Moreover,  i n t e r e s t group to  specific  contend  of  influence  leadership  number of  the  to  in  which  i s homogeneous.  plurality  the  competing  power  d i v i d e d o v e r an  as  interest-  pluralist-democratic  groups  so  that  acknowledging  among i n t e r e s t  q u a l i t y of  pluralists  maintains  repatriation  d e g r e e t o which  and  theory  liberal  diverse  i t s i n t e r e s t s , the  well,  economy,  the  despite  of  and  separation  the  achieved. While  alliance  capacity  present  the  c o n s e n s u s among t h e  resources  the  and  group.  and  single  i s a p r o d u c t of  factors  interest  unstable  to m o b i l i z e  or  the  be  i s no  alliances  t h a t no  ability  these  bargaining,  power e l i t e s ,  as  (and  - democratic  a c t u a l i z e d and  are  The  that  u n i v e r s a l i t y and i m p a r t i a l i t y .  c o n t e n d s that- t h e r e  state.  to s u s t a i n  view  processes  w e a l t h of  foundations  i n t e r e s t groups w i l l  p r e s e n c e of  theory  productive  directly  pluralist  will  important  whether  capitalism.  social  a p r o c e s s of  But  institutions,  claiming  liberal  state.  i s able  of  implicated,  bolstering  The  and  economy  relations  to the  made between economic  upon t h e  the  us  who  formulate  are  the  members interest  t h e s e f a c t o r s may  be  interrelated of  one  of  another  is  also  equal  in a  myriad  i n t e r e s t group  of  potential  promote t h e i r contention  assumed by  this and  i n t e r e s t s i n the there  be  (Galbraith,  to o r g a n i z e  that  to the  i n s o c i e t y may  i n t e r e s t group  implicitly  ways,  1970).  groups i s profoundly  mobilize  Thorbum  (1978) has  manifest  In  that  the  power  the  this  power  r e g a r d , it-  a l l groups hold  resources  f o r u m s of  e x i s t s a democratic  interest  that  n e u t r a l i z e d by  school  various  extent  an  in order  to  state.  The  among  all  the  potential  in pluralist, p r a x i s .  Hugh  noted, t h e r e seems t o be no t h r e a t t o t h e g r o w i n g a c c e p t a n c e of p l u r a l i s m w h i c h i s g e n e r a l l y regarded as synonymous with democracy i t s e 1 f „.  It  i s i n t e r e s t i n g to note  contends "equal  that  pluralism's  access"  opposition  to  to the  legal  formulation  argued  that,  the  in t h i s inherent  regard  that  Cunningham  theoretical presupposition  decision-making process stands  notion  that  p r o c e s s of  there the  (1976)  in  direct-  e x i s t s dominant e l i t e s  state.  In f a c t  of  in  Cunningham  the has  p l u r a l i s m i s designed to r e f u t e " s t r a t i f i c a t i o n " t h e o r i e s and t h e o r i e s of d o m i n a n t " e l i t e s " , e s p e c i a l l y C.W. Mills' theory of t h e power e l i t e . Further,  i t i s a r g u e d by  participates non-partisan regard, judicious  i n the  liberal  legal  reformulation  m e d i a t o r of  i t i s held  that  body w h i c h  p l u r a l i s t , theory  state  chooses from  a l t e r n a t i v e s presented  to  pluralist  state function  scenario  of  it- as  an  impartial,  r e s o l u t i o n . In  i s a c t i v e only the  government  p r o c e s s as  interest conflict the  that  as  multiplicity  policy lies  options. the  this  an  objective  of  interest  Thus,  notion  in  that  the the  legal  formulation  diverse  In  sum,  the  which state  committed  consideration concerned.  to  with  mediation  allows  alternatives  by  which  propositions.  Some  i n the ( i)  important  the  made  the  the p l u r a l i s t  as  giving  a  equal  various  interests  contention  concerning  i s the contention  which a r e regard  and  on  interest.  1iberal-pluralists  hearing  that  horizontally  i t i s further  non-partisan  theoretical  i t is  (ii)  the  i n the general  the  suppositions  In t h i s  be  best to the general  receiving,  t h e power f o c i  society.  law-making  i s regarded  to  a way t h a t  that decisions w i l l  a l l of t h e i n p u t from  throughout,  thinkers,  and  i n such  be r e p r e s e n t e d e q u a l l y i n t h e  f o u n d a t i o n s o f power,  mediates  Given  will  correspond  Concomitant  diverse  state  process,  submissions  brokerage  the  i s structured  i n t e r e s t s of s o c i e t y  decision-making those  process  dispersed  held that  selection  the  of  such  policy  interest. contentions to further  may be d e r i v e d f r o m  of  1iberal-pluralist  emphasize  the  the central  d e r i v a t i o n s which p e r t a i n  collorary  theoretical  to the process  s t a t e a r e as f o l l o w s :  an i n c r e a s e i n t h e amount o f c o m m u n i c a t i o n within society w i l l increase the p a r t i c i p a t i o n of i n d i v i d u a l s i n c o l l e c t i v e a c t i v i t i e s and thus, democratic p a r t i c i p a t i o n i n the s t a t e w i l l inc rease; c o n c o m i t a n t w i t h an i n c r e a s e i n c o m m u n i c a t i o n among c i t i z e n s o f t h e s t a t e and t h e s u b s e q u e n t i n c r e a s e i n i n t e r e s t g r o u p membership and o r g a n i z a t i o n , groups which a r e n o t as p o w e r f u l as o t h e r s i n t h e s t a t e w i l l become e q u a l s i n t h e law f o r m u l a t i o n d e c i s i o n - m a k i n g p r o c e s s ( D a h l and L i n d b o l m , 1953; G a l b r a i t h , 1 9 7 0 ) ;  (iii : > an i n c r e a s e i n s o c i a l p l u r a l i s m w i l l i n c r e a s e t h e p o l i c y a 1 t e r n a t i v e s open t o t h e s t a t e (Conn , 1971) ;  of  (iv)  2) a.  i t i s from the n e g o t i a t e d settlements r e a l i z e d by t h e s t a t e t h a t new laws and s u g g e s t e d new d i r e c t i o n s f o r p o l i c y c o n t e n t emerge ( L i p s e t e t a l , 1956) ;  (v)  l e a d e r s h i p i n the c o n t e x t of s p e c i f i c i s s u e s and p o l i c i e s r a t h e r t h a n a s a r e s u l t o f s t a t u s o r economic power ( L o w i , 1 9 6 9 : 4 ) ;  (vi)  t h e law f o r m u l a t i o n p r o c e s s i s a mechanism of i n t e r e s t c o n s o l i d a t i o n by w h i c h t h e v a s t p l u r a l i t y o f i n t e r e s t s i n t h e s t a t e compromise t h e i r i n t e r e s t s i n t o a s t a t e p o l i c y which r e f l e c t s t h e g e n e r a l interest.  NeoMarxist A l t e r n a t i v e s Instrumentalist  Although  there  advanced  by  are  First,  of i n s t r u m e n t a l  that  the s t a t e  used  by  the  class"  of  policies  i s explained, power  ruling  political  power  the  influence  instrumentalists, state policies  associated  et a l .,  theory  propositions with  1975),  are r e a d i l y  the  the basic  discernible.  i s p r e m i s e d on t h e a s s u m p t i o n  s o c i e t i e s i s an i n s t r u m e n t o r to f u r t h e r  upon  i t s own  i t " through  production capitalist  tool  interests. influence  The  state  either  "directly through  e t . a l . , 1975:34).  10  i t s ownership  (Miliband, class  i n the l e g i s l a t i v e  or " i n d i r e c t l y  s t a t e " (Gold,  are  or c a p i t a l i s t - c l a s s to  conferred  of  specific  i n i n s t r u m e n t a l i s t t e r m s , by v i r t u e o f t h e  o f t h e means of  economic  the  (Gold,  theory  in capitalist  the " r u l i n g  "economic  works  Marxist  Marxist  ability  the  whose  perspective"  instrumental  control  Theory  differences in  Marxists  "instrumentalist features  state  is  1969:  through  22).  transformed  process,  and The into  according  to  the manipulation  of  the e x e r c i s e of p r e s s u r e  or  I n f o r m e d by empirical  these  theoretical  research  has  focused  through  which  and  the  speciific  and  Delia  Fave,  1979).  capitalist  class  to a f f e c t  a  personal  participate and  a t an  in  manner  the  the  l e v e l , by  l a r g e (.Miliband,  Marxists nonetheless  significantly apip>araitus of  While  for  (Greenberg, of  capitalist  class  consideration state  provided  state  1979),  t h a t the v a l u e the the  and  "world  differentfactors,  i n the view  that  invariably  and  are of  the  political  the  in c a p i t a l i s t  image of  failing  policy  that  to  a noteworthy c r i t i q u e  to  i s not  1 9 7 9 ) , and  "ruling  explain i n the  of  1971),  structurally  society (Poulantzas,  have  class"  interest  in isolation determined 1973).  of  the  to  been unity  adequately  f o r reproducing  discuss p o l i t i c s  complex  Stone,  i n s t r u m e n t a l i s t accounts  for  (Beirne,  tendency of  at  M a r x i s t s have a l s o been s u b j e c t e d  creating a false  formation  the  actively  ideological  activity  of  (Domhoff ,  in shaping  class  (Kerbo  ability  t h e s t a t e ( B a l b u s , 19711 ;  Notably,  1931),  - pluralist.  of  instrumental  criticism.  criticized  maintained,  members  remain u n i t e d  the  as h a v i n g  pluralist, conceptions  pointed  is  state.  recognized  t h e w r i t i n g s of  mechanisms  been e x p l a i n e d ,  its  and  capitalist in  the  1969). D e s p i t e  personal  reflected the  that  c l a s s predominate  the  the  demonstrating  instrumental  of  terms,  formulation process  given  interests  class  s t a t e p o l i c i e s has  weightings  the  examining  i t shapes s t a t e p o l i c y  showing  to  instrumentalist-based  capitalist  In c o n c r e t e  policy  ruling  society at  the  on  i n which  by  ideological  i n t e r e s t s of v i e w " of  t h e u n i t y of  level,  insights,  the the  liberal  from  any  r o l e of  the  Significantly,  therefore, result  the attack  of l i b e r a l  come f r o m not  pluralist  some M a r x i s t s ,  of  the  limitations inherent  state  as w e l l  that  often  that  Rather,  "instrumentalists"  and  as advantage f o r c a p i t a l i s t  the  its  society,  a ' t h i n l y v e i l e d conspiracy  (-Jessop,  i s perceived  thesis.*  Little  when  is  reduced  dominant  b.  Structuralist-Marxist In o p p o s i t i o n  state  c o n t r o l l e d by  that  to the instrumentalist  the state  relationship (Gold,  with  view, t h a t  exercises  capitalist  structural  'relative  autonomy*  c l a s s members and t h e i r  f r a c t i o n s may t r y t o m a n i p u l a t e s t a t e  s u c c e s s of such ability  of  individual  the s t a t e  f o r it- t o p r o t e c t  c l a s s as a whole"  Structural structure  according  analysis  begins with  of c a p i t a l i s t  contradictions  rooted  (Gold,  society  in i t s interests  and members the  Indeed,  the  the p a r t i c u l a r  interests  of  to  Marxists,  is  structural  "the long-run  i n t e r e s t s of the  e t . al.,1975:36).  the observation  generates  i n the c a p i t a l i s t  12  Marxists  policies,  i s by no means g u a r a n t e e d .  to transcend  capitalists,  i n order  capitalist  attempts  class.  the c a p i t a l i s t -  e t . a l . , 1975:37). While s p e c i f i c c a p i t a l i s t s  class  crucial  the  i t does it-  Theory  i s a p l i a n t t o o l of t h e r u l i n g c l a s s ,  contend  of  an implement  real  and i t s  as advantages f o r c a p i t a l " perspective  do  inherent  power o r autonomy a c t u a l l y a c c r u e s t o t h e s t a t e ; to  the  i t has a l s o  succeeds " i n e s t a b l i s h i n g  F i n a l l y , the instrumentalist presenting  i s not s o l e l y  in capitalist, society  l i m i t a t i o n s as w e l l  1977:357).  Marxism  dissatisfaction.  who r e c o g n i z e  p r o v i d e an a n a l y s i s  nature  as  on i n s t r u m e n t a l  that  the c l a s s  historically-specific economy.  At  the  most  general for  level,  state  and  c a p i t a l accumulation.  the  state  and  eliminate  the  temporarily. proposed of  the  the/  various  structural  policies,  i t i s argued, that  accumulation  <Wright,1978:  regard of  the  but  Marxist  only  must  Of seek  scholars  the  crucial  importance,  to e s t a b l i s h a  link  hidden  t h o s e a p p e a r a n c e s , " or  Marxists  In  obviate  abstractionism" empirical considering  historical  the  structures. method of  to  According  analysis,"  method  has  manner  that  the  t o be will  circumstances."  stage  impediments which historical  l o g i c of he  noted  between  the  1973),  orientation" given  and  "level  "the  toward by that  adopting  illuminate  F i n a l l y , the  as  an  that  a  "concrete  directs attention  circumstances"  Marx h i m s e l f  of  "structuralist  in  social  and  pointed  and  s t r u c t u r a l i s t perspective  the  economic give  out  overgeneralization  concrete empirical  to  which  ( 1 9 7 7 : 6 ) : "Marxism may  not  reality  argued  t o Pan.itch  applied  of  s t r u c t u r a l problems  existing  as  research  empirical  reproduce  but,  that  structural  (1977:8-9) has  tendency  empirically  functions  the  Pan i t c h  <! P o u l a n t z a s ,  and  them  a given  empirical  o b s e r v a b l e s o c i a l phenomena,  a similar vein,  can  not  <1978: 10-13!) c o n t e n d s  dialectical  or  capitalism.  at  by  'solutions'  subsequent  i s to develop  appearances," behind  do  contain  structural  i n the  forth  112,116).  rooted within  theory.  research  process"  put  however,  " g e n e r a t e new  to methodology, Wright  agendas f i r m l y Marxist  will  conditions  'solutions'  contradictions,  development,  the  task  state  to secure  t o overcome i m p e d i m e n t s t o a c c u m u l a t i o n  constrain  With  The  function  r e f l e c t e d in state  Thus,  capitalist  period  law  us  a  "...this but  in  a  historical is said  to  undervalue the  t h e power of o t h e r  s t a t e by  safety  and  difficult  unwillingness results  c l a s s e s . A d v a n t a g e s won  s t r u g g l e s 'from b e l o w ' protection  to  social  laws,  explain to  union  conflict  and  t o or s u b v e r s i v e of  resistance the  structuralist  perspective generally allots  the  insisting relative c.  state  as an  203-229).  independent  t h a t t h e autonomy and  the  is  an  leading  to  of  capitalist-  Nevertheless,  a considerable greater  source  i t possesses  the  of  power  while  can  n e v e r be  more  the  concept  of  than  limited.  core  conflict.  of  U n l i k e the  conflict-  as  Marxist  theory  liberal  - pluralist  something reason  and  the M a r x i s t approach  agree,  deprivation  and  which  rise  gave  received  and  t h a t can  e x e r c i s e of  good  to  by  i t . The  a g r e a t d e a l of  be  will,  subjugation  is  proceeds  struggle  i s a process  and  the  conflict  t o M a r x i s t economic  i t s economism.  i n t e g r a t e d them  1930:594).  He  into h i s p o l i t i c a l  compromise  made  except  has  Gramsci.  development the  emancipation  of no  of  class the major  h i s attempt  the fundamental studies.  state  conditions  Antoni  praxis:  Gramsci  theory,  accepted  14  and  the  perspective  social  through  self-creation  contribution  and  by  i s to r e s o l v e  a t t e n t i o n i n t h e work of  (Pawley,  to  class  interprets  managed  t r a n s f o r m a t i o n of  class  proletariat  break with  which  a readiness  to c o n f l i c t  dialectically, of  theory  controlled,  G r a m s c i , a s f o r Marx, t h e p o l i t i c a l  society  and  as  are  C1ass C o n f 1 i c t At  For  etc.)  there  'needs'  (Giddens,19S2:  to  programmes,  recognition,  development  role  welfare  w i t h i n t h e p e r s p e c t i v e and  view  contrary  (i.e.,  from  to  principles  Thus he  insisted  that  capitalism  system  of  labour,  production  that  transition a  was a c o n t r a d i c t o r y  historically  b a s e d on c a p i t a l i s t  capitalism  prepared  t o s o c i a l i s m , and t h a t  revolution  and  to eliminate  e x p l o i t a t i o n of  the material only  oppression  limited  conditions  the working  wagefor  a  c l a s s can l e a d  and e x p l o i t a t i o n  (Gramsci,  1977:86,89,156).  In h i s a n a l y s i s o f t h e s t a t e , he r e j e c t s a s i m p l e approach. has  a  Instead,  vital  securing  role  he d e p i c t s  i n the o r g a n i z a t i o n  the long-run in  classes,  securing  parliamentary (in  despotic  In  coercion,  defined  within  theoretical  active  did  institutional  the s t a t e ,  the s o c i a l as  not  with  formation  which  of the c o e r c i v e  subordinate  governed  (in  mobilization  to  of  whole. of  with class  Thus  practical class  not  the  analysis he  class  Gramsci  and hegemony.  apparatus to bring  and  the  (Gramsci,1971:244).  rather of  he  only  b u t manages t o win  rules  t h e dynamic  - force  a  the r u l i n g  o f s t a t e power,  of c l a s s domination use  himself  as  complex  a p p a r a t u s e s of t h e s t a t e ;  the modalities  as i t s  and i n h i s c o n c e r n  i t s domination  within  the  to the modalities  the e n t i r e  limit  to  as w e l l  in  ( I b i d : 39-42,73-74).  attention  maintains  historically  analyse  the  pays  which  domination,  and by e f f e c t i n g t h e i r  to define  activities and  class  consent of the  c o n s e n t of t h o s e o v e r whom i t  Gramsci  state  state  of  concessions  active  forms of s t a t e )  the  justifies  the  democracies),  Gramsci  domination  modes  facilitating  h i s attempt  as a c l a s s f o r c e  i n t e r e s t s of the b o u r g e o i s i e  unification, in  the s t a t e  instrumental  of  the  located struggle.  identified Force  t h e mass o f  the To two  involves people  into  conformity  (197l:56n). of  force  said  civil  But  compliance  Gramsci  rooted,  the  and  of  and the  military  (Gramsci,1977:  181,190,341-342).  involves 'active their For  relations  the  e x e r c i s e of  of  the other  successful  consent'  account  of p o p u l a r  he  making c o m p r o m i s e s on  support,  alliances  system  and of  i n an  relations  essential  interests),  and  attainment  of n a t i o n a l  interests  of  the dominant  Thus, the winning reshaping justice  civil are  sanctioning, rewarding  allied  to  society,  conduct  as  the e n t i r e  civil  society  bases  in  factors  in  hand, a r g u e s and  and  and  hegemony of  class  political  contends,  the  through  leadership.  that involves taking  and  demands,  shifting  secondary  i s s u e s to  maintain  unstable  support  the  educating,  law  in and  activities,"  moralizing,  and  principles  and  ethical The  the  long-run  state  Gramsci,  civilizing  in attempting  for  1971:12,52-53,61).  r o l e of  formation.  fragile  sacrificing  the fundamental  (Gramsci,  the  and  however, this  serve  "positive  social  that  ruling  a c c o r d i n g to  bolsters  force  production  the  e n l a r g e s the  more i m p o r t a n t l y which  social  organizing  group  consent  pivotal but  d i r e c t i o n s of  of  their  (without,  g o a l s which  are  relations  inherently  political  reasons  complex  interests  p o s i t i o n s and  The  political-mi 1itary  moral,  maintained,  identification  ideological  mobilisation  intellectual,  production  i n the  of  of d o m i n a t e d g r o u p s by  hegemony t o be  systematic  on  mode of  simplistic  and  importance  the  theory,  any  things,  determining  Gramsci's  a specific  to c l a s s domination.  among o t h e r  political  society  with  rejected  i n h i s approach  t o be  between  and  state,  t o shape a  then,  is  consensus  by  largely  peaceful  partners  in their  where p o p u l a r process press,  means,  is  I t i s the s i t e  i s s h a p e d and f o u g h t  out.  accepting  and  Central  agency  to  of  this  media,  and s c h o o l s .  through  and m o r a l  l e a d e r s h i p which  broadest  and s o c i a l  reproduction  are  seen  reproduction  Couched  i n Marxian  the  domination  has  transformed  through  values,  and  common-sense  p>opular c u l t u r e i n  i t t o t h e n e e d s o f t h e d o m i n a n t mode as e s s e n t i a l i n the c o n s t i t u t i o n  of a c o l l e c t i v e  common w o r l d v i e w which  economic  beliefs,  a t t i t u d e s to organize  sense and.adapt  production,  i s constituted  and i d e o l o g i c a l p r a c t i c e s t h a t o p e r a t e on  t h e p r e v a i l i n g system of  assumptions  a  become  i n c r e a s i n g s t a t e c o n t r o l and m a n i p u l a t i o n  ethical ,political  of  the subjected  own s u b o r d i n a t i o n .  consent  Intellectual  its  i n which  will,  a 'national popular'  and  outlook,  i s a d e q u a t e t o t h e n e e d s o f s o c i a l and  ( I b i d :2 ,60-61) .  sociology,  of the p r o p e r t y l e s s the state  into a  Gramsci  f u r t h e r contends  c l a s s by t h e p r o p e r t i e d battlefield.  He a r g u e d  that class  that:  From t h e o u t s e t t h i s e x c l u d e s t h e p o s s i b i l i t i e s b o t h o f common i n t e r e s t among a l l c l a s s e s and o f t h e r u l i n g c l a s s o b t a i n i n g t h e s p o n t a n e o u s and s i n c e r e consent of t h e s u b o r d i n a t e c l a s s e s ; t h e r e f o r e t h e p r o f o u n d and i n d e f i n a b l e n a t u r e of c l a s s r e l a t i o n s is not cooperation but c o n f l i c t , s t r u g g l e , and c o n f r o n t a t i o n , i n o t h e r w o r d s , c l a s s war ( P e l l i c a n i , 1 9 7 6 : 2 6 ) . Gramsci*s long p e r i o d s certain At  theory  i s noted as having  of s o c i a l  peace, the e x i s t e n c e  cases the e n t h u s i a s t i c  the centre  fallen  short  of e x p l a i n i n g  of spontaneous, o r i n  consent of the dominated  of G r a m s c i ' s arguments i s t h e b e l i e f 17  that  classes. " a l l men  are  afflicted  disease)  with  because  victims  of  deception"  a sort  even  (Ibid:27).  down" f o r b o t h  private  property  The WCB liberal From  on  the  fund.  arising The Board  -pluralist  component  democratic  1iberal-pluralist i s t h a t of  insurance  in  important  and f i n a l  under role  in  especially takes  with  law.  that if a  on  state by  a  Compensation A c t . Compensation  competing  to compensation.  interestsuffers  Employers  t h e d e c i s i o n s of t h e Board have t h e  T h i s means t h a t t h e r e the  to  matters  t h e W o r k e r s ' C o m p e n s a t i o n A c t , a worker who  appeal.  "disability"  a  administered  full  a  I t i s based liability  between  i s entitled  is  sanctioned  of t h e Workers'  a n e u t r a l mediator  on t h e j o b i n B.C.  to  conception  WCB  collective  i n t h e a d m i n i s t r a t i o n of t h e Workers  opportunity  wrong,  - with  of the  the  i n the workplace.  r e q u i r e s t h a t t h e law i s - WCB  because  (Ibid.).  officially  and c o m p u l s o r y  autonomous b o a r d  self  and t h e o p p r e s s o r s ,  principles:  are  that the world i s  perspective,  and d e a t h  workers d i s s a t i s f i e d  right  classes  that i s a l i t e r a l  concluded  of the s t a t e  injury  second  g r o u p s . Under injury  Gramsci  the oppressed  of the employer  The  virtually  and  liberal  workers'  part  Thus,  (contagious  dominating  has c o r r u p t e d e v e r y t h i n g  two p l u r a l i s t  the  distortion  trachoma*  r e c o r d as a t e s t case of the a p p l i c a b i l i t y - p l u r a l i s t s t a t e theory  bureaucratic prevent  'social  members o f t h e  an i d e o l o g i c a l  "upside  C.  of  The  i s an  appeal  i t s purpose  i s to  plays  right  perceived  appealed  long  resolve.  to  of  mechanism  the issue being time  equalization  a  i n the To  area  an  of  ensure i t s  impartiality, with is  t h e WCB  bureaucratic  a perceived  i s r e q u i r e d by law t o a p p o i n t  e x p e r t i s e . In t h e a c t i v i t i e s  pluralist  notion  s t a t e and e n t r e p r e n e u r i a l In  dispensing  employers, delay  interests..."  justice  to interest  t h e WCB must a c t f a i r l y  of t h e Board  formal  (Hessing,  groups,  and  administers  livelihood  a levy,  1984:51).  i . e . , labour  system which  adjudication,  families.  and p e n a l t y  i s p r e m i s e d on an a d v e r s a r i a l p r o c e s s  designed  t o ensure a balance  and  and e x p e d i t i o u s l y t o a v o i d any  o f w o r k e r s and t h e i r  claims  there  s e p a r a t i o n of  w h i c h m i g h t have s e r i o u s i m p l i c a t i o n s f o r t h e l i f e ,  safety,  is  of t h e " . . .  commissioners  between  health, The  WCB  assessment  of j u s t i c e . I t  competing  interests  of  employers and employees.  While  t h e Workers Compensation A c t p r o v i d e s  with  a mandate t o e n s u r e b a l a n c e ,  its  representation  record  suggests  WCB by t h e B.C. the workers' office  Ombudsman:  compensation  referred  back  involvement  within  the  of  complaints  inadequate  system,  adequate  suggests  a  process"  h a s been  internally  office  This  Board's of the  t h a t 6 6 % of  and a r e t h e r e f o r e very  a s an a d v i c e  widespread C1987:3).  rights  significant  and  reference  and  procedures  disquiet  with  The l o n g d e l a y s  t h a t workers a r e n o t  representation.  B.C.  r e c e i v e d by t h e Ombudsman's  n o t i c e of appeal  and  the  t o a recent study  "Our e x p e r i e n c e  t h e Ombudsman  e f f e c t i v e n e s s of t h e process  interests,  t o the system f o r a p p e a l .  agency s u g g e s t s  the  According  h a v e n o t y e t been c o n s i d e r e d  of  compromise, and due p r o c e s s i n  of a wide a r r a y of  the opposite.  t h e WCB  receiving  the within  fair  and  Further its of  evidence  mandate and functions,  the  Social  is  of  Credit,  with  management a t  return  numerous  Federation direct  of  and  safety  L a b o u r has  issues  as  the  1987:1-2).  The  WCB  the  that  occur. actually the  to  in t h i s  They  participatory  democracy  than  reinvest  1987).  i s no  the  the flaws  the  and  no  method  regarding and  government to  the  record  the  CBCFL,  point  for a public WCB  B.C.  consistent,  chairman  where inquiry  points  which w i l l  i n t e r p r e t a t i o n of criticism  the  i . e . , who  1iberal-pluralist  recently  discussed  calling  Overall,  to e x p l a i n  argue t h a t  governs,  are  labour,  be  to  closely  s tudy.  a b a r r a g e of it fails  WCB  administrative  1iberal-pluralist  subjected  power of  Board  Board  movement,  fully  by  management  Labour,  there  labour be  of  deteriorated  s t r u c t u r a l and 1 a te r  .June 13.  has  i t s costly operations.  e x am i n ed  the  record  into  serious  that  that  of  favours  Social Credit  the  interference  WCB  the  fund  conflict  e x p e n s e of  of  e m p l o y e r s who  argue  the  excessive  even  over  the  Minister  complained  interference  the  Sun.  p o l i c y r e c o m m e n d a t i o n s can  political  So  (The  B o a r d by  imp lenient  to employers rather  s u b m i s s i o n s to the  a c c e s s to the  whereby  back  to  non-implementation  assessment s u r p l u s  will  failed  political  $99.3 m i l l i o n it  has  in controversy  accountability,  government,  siding  workers' health  such  been e m b r o i l e d  WCB  i n d i c a t i n g that  announced  In  the  Recent evidence  the  in  has  lack  regulations, etc.  indicates that  why  from the  operations wields  the some  of  the  and  been  observers  WCB  this  restrictive  who  problems  point  power. In g e n e r a l ,  static  has  aforementioned  o r i e n t a t i o n argue t h a t is  WCB  to  critics version in  who of of  nature  (Duncan and  Pluralism  Lukes,  is said  1967:  to  180-184;  Davis,  ignore h i s t o r i c  1967).  economic  inequalities:  A l l c u r r e n t p a r t i c i p a n t s i n competion over s c a r c e r e s o u r c e s ( p o l i t i c a l , economic, m i l i t a r y ) appear t o be s t r i p p e d of any b u i l t - i n a d v a n t a g e s a f f o r d e d by t h e i r s t r a t e g i c l o c a t i o n i n an o n g o i n g s o c i e t y w i t h a p a r t i c u l a r economic and c u l t u r a l h i s t o r y (Mankoff,1970:419). NeoMarxists, interests  and  pluralist that  who  explore  state  conception  "...the  dominant  idea  in  plausible  than  the  state  neutral  as  of  enterpreneurial among  on  evident  relations  the  An  of  often  between the  concerns"  (Ibid,:359).  of  i n s t r u m e n t of  to  Alternatively, class  instrumentalist  r u l e . As  of  state  interests.  worlds"  the  state  of  the  and  contrast  to  the  pluralists,  a  The  have  i s regarded  criminal  the  realise by with  justice  system: In  of  (Ibid.:395).  Ratner e t . a l . noted  interpretions  the  systematic  to acknowledge... mobilize  more  and  notion  the  the  classes"  r e f l e c t i o n these  "fails  resources  of  the  "ignores  corporate  t h i s model  notes  much  view  pluralist  the  liberal-  behest, of  seemed  countervailing  balance  and  the  competing group  i n c l a s s s o c i e t i e s and between s t a t e  at  s o c i a l democratic  challenges  notion  the  class  f o r example,  acts  has  and  s e p a r a t e and  allocations  to  modern s t a t e  between  reject  Pan i t c h ,  alliance  unequal  respect  state.  a r b i t e r between  maintains that  an  emphatically  pluralist  Panitch  some as  relationship  society  forces  1iberal-pluralist biases  the  our  (Panitch,1977:3) .  competition  power,  that  class  the  correspondence  of c l a s s power and s t a t e power i s s a i d t o e x i s t because of t h e o v e r t s i m i l a r i t i e s i n c l a s s background, i n t e r e s t s , and w o r l d - v i e w between t h o s e who s h a p e and r u n t h e economy and t h e p e r s o n n e l of t h e s t a t e and c r i m i n a l j u s t i c e s y s t e m . Common class position, close educational t i e s , family and p e r s o n a l n e t w o r k s , s h a r e d i d e o l o g i c a l p e r s p e c t i v e s , and c l o s e w o r k i n g r e l a t i o n s h i p s between t h e d o m i n a t c l a s s and i n t e r m e d i a t o r y i n s t i t u t i o n s . . .predispose s t a t e criminal j u s t i c e i n s t i t u t i o n s t o f a v o u r d o m i n a n t s o c i a l and economic i n t e r e s t s ( R a t n e r e t . a l . , 1 9 8 3 : 1 0 ) . In the with with  view of t h e c o n t r o v e r s i e s WCB, some  i t would seem t h a t  revolving t h e WCB  a s p e c t s of t h e n e o M a r x i s t  the professed  around  record  is  the p o l i c i e s more  interpretation  1 i b e r a l - p l u r a l i s t model.  of  consistent rather  than  Footnotes Annual No.  Report 1.  of  the Workers' Compensation  Ashford, N. Crisis i n the Workplace^ Inj.ury__. M a s s a c h u s s e t t s : MIT., 1976. Balbus, I. "Ruling E l i t e Theory v s . M o n t h l y R e v i e w , 1971, 23: 36-46. Balbus, L. "Commodity Form ' R e l a t i v e Autonomy of Law".  and Law  B o a r d of  B.C.  Occupational  1981,  Disease  Marxist Class  and  Analysis."  L e g a l Form: An E s s a y on and S o c i e t y R e v i e w , 1377:  Council.  the 2.  B.C.  C o n s t r u c t i o n I n d u s t r y H e a l t h and S a f e t y WCB Issues". Unpublished Papers, 1985.  "Current  B.C.  F e d e r a t i o n of L a b o u r . P e r s p e c t i v e s f o r H e a l t h and S a f e t y i n B.C. B.C. F e d e r a t i o n C o m p e n s a t i o n and S a f e t y C o m m i t t e e , 1977. Subrnission to the M i n i s t e r of Labour on the W o r k e r s ' C o m p e n s a t i o n B o a r d of C o m m i s s i o n e r s , J a n u a r y , 1987.  Block, F. "The R u l i n g C l a s s Does n o t R u l e : N o t e s on t h e MarxistT h e o r y of t h e S t a t e " . Socialist Revolution, 1977, 33, 7: 628. B.C.  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Origins The  industrial  Europe  and  production  dependent  ruling  was  revolution wages,  labour  in  deteriorating  increased  worker  long  pressing work  unsanitary  factories  Cornwall,  Ottawa,  old  children equipment, their  days,  toiled  required  to  injuries.  unemployable  and  Thus,  dismissed  For  children  against  the  the labour As s u c h ,  labour  was  such  as  unsafe  and  problems and  example, a s young  movement  in Montreal, as e i g h t  years  a s l o n g a s t w e l v e h o u r s a day  cents  many were d i s a b l e d  own  this  conditions  militancy  meagre wages,  and T o r o n t o ,  as twenty f i v e were  increase with  working  economic  and work s h o p s .  were known t o have little  Coupled  o f t h e u n i o n of C a n a d a ,  redress  unemployment,  to  became  class.  to the b i r t h  to  capitalism order  i n the workplace.  u n o r g a n i z e d and d o m i n a t e d by e m p l o y e r s .  unable  as  an e r a i n w h i c h  cheap  was  which  capitalist  Prior  on  and e f f i c i e n c y  industrial low  of t h e 19th C e n t u r y b o t h i n Western  N o r t h A m e r i c a was  increasingly  and  revolution  (Manga,  operate  1981:118.").  dangerous  disabled without  workers  Given  and  and h e l d p e r s o n a l l y  for that  unguarded  responsible for were,  compensation  or  frequently judicial  redress.  In t h e a b s e n c e o f responsibi1ity voluntary  legislation  i n t h e e v e n t of  establishing  i l l n e s s or  injury,  o r g a n i z a t i o n s w h i c h were o r i g i n a l l y  d i s a b l e d . workers.  As  employment  to deteriorate,  continued  economic  A.  O  the  injustice  workers  intended and  w o r k e r s began  employer's  to  formed assist  conditions to voice  of  their  growing  dissatisfaction  and  organized  themselves  into  trade  the  state  u n i o n s throughout Canada.  F a c e d w i t h t h e p r o s p e c t of a w o r k i n g intervened which In  and  was  1884  welfare l e g i s l a t i o n ,  to ensure the s t a b i l i t y the  Province  introduced  first  Factory  of O n t a r i o ,  Act  and one  the E s t a b l i s h m e n t A c t .  was  improve  employment  of  factories, hours  i n Canada later  The  was  of  capitalism.  passed  by  the p r o v i n c e of  basic  of  the  Quebec  p u r p o s e of t h e s e  acts  t h e c o n d i t i o n s of employment by  forbidding  the  children,  inspection  of  establishing  of  the purpose  and p r o s p e r i t y  year  enacted to  class uprising,  work a s w e l l  providing  sanitation as  for  the  s t a n d a r d s , and  limiting  t h e t y p e s of  reducing  the  employment  for  women £ I b i d . ) The  failure  working  of t h e C a n a d i a n  class  unionization  economic  instability  strategy  designed  industry  and  welfare  legislation  and s t r i k e  to  improve  such  These as  the Act  to  the  compensation  working  capitulation conditions,  to  to prove  <Manga,1981:  working  rather i t  the  fear  to develop a  1909  the  Previously, employer  the  in  of new  state,  which  workers'  in  right  into the to  t h e laws c o n t i n u e d negligence  before  119).  The e n a c t m e n t of w e l f a r e l e g i s l a t i o n total  and  upsurge  between  of  excluded, established  workers  it  an  c o n c e s s i o n s were t r a n s l a t e d  r e g a r d l e s s of f a u l t .  receiving  action,  relations  compensation require  to fend o f f  by e m p l o y e r s , f o r c e d  the workers.  p r o v i n c e s , Quebec  state  i n Canada, d i d n o t  class  demands  for  signify improved  . . . was d e v i s e d by a g o v e r n merit t h a t w i s h e d t o p r e s e r v e t h e power o f t h e r u l i n g c l a s s b u t saw t h a t power t h r e a t e n e d by w o r k i n g c l a s s m i l i t a n c y was d i r e c t e d a g a i n s t an economic s y s t e m t h a t seemed u n a b l e t o • p r o v i d e jobs or s e c u r i t y (Panitch,1979:344).  B.  History/Policies Historically,  of  legislation  dependence for  which  on  workers  from  Compensation  wais i n t r o d u c e d  to  institute  While  norm  that  and f u l l  medical a i d .  in  anywhere  i n Canada,  other  American  existed  only  except.  for  in six states New  significant British  role  employers had the  negligence  to  need  receive the  d i d depart  state-run  collective  t i m e m e d i c a l a i d was only  i n Oregon state-run  1973!).  and a  labour  not few  legislation  Unlike other  organized  worker  of Workers'  disenfranchised  part,  for  areas,  played  a  provisions  in  Compensation  i n an e f f o r t  injuries  suffered  case. or  that  If  the  employer  t h e m a t t e r was he/she  w i t h no o t h e r  would  a t work.  beyond  show his  liable,  c o u r s e of a c t i o n .  Even  he/she  could  n o t be  legislation,  to prove f a u l t ,  t h e money t o s u e t h e e m p l o y e r ,  d e f e c t i v e machine), the  worker  anomaly,  i n implementing compensation  to the i n c e p t i o n  w o r k e r s were  lose  state,  order  n o t an  compulsory  CAsher,  piece  Co1umb i a .  Prior  worker  York  At t h i s  existed  states. Likewise,  to  legislation  instituted  liability effect  in  compensation  it  is a  employers or to the  i t s i m p l e m e n t a t i o n was  in  1917  substitute  court actions  n a t u r e of t h e B.C.  the  A c t of  as a  t h e b e n e v o l e n c e of t h e i r  compensation. specific  the Workers'  if  would  the the  often  contributory  control thereby  Thus t h e  on  (i.e., leaving  introduction  of  workers' compensation  than be  "solely  constituted  a gratitious  uncompromisingly  benefit  grateful"  f o r which (Reasons  Support  for  compensation  vocal,  and  longstanding.  This  in  due  vociferously  1912  a basic  among B.C.  - 1914  to  the  enactment  o f t h e 1917  Compensation  Act.  of L a b o u r  setback  of  lobbying  for  1912,  1958).  This  through  1912  of  (BCFL),  Party  labour's agitation  1915  a  the  15%  - 1914,  and  1913  - 1915,  Despite  labour  B.C.  Councils,  a significant  legislation.  more  through the  partthe  continued  class and  workers  were  organised  delegations  t o B o w s e r ' s Commission  is  their  or  response  to of  (Ormsby, Commissions  Investigation  division  labour  g i v e up  between  f o r wages  compromise*, their  right  work-related  to  i n Marxian  i n d i v i d u a l s who  'historic  for  class  here d e f i n e d  the fundamental  as the  sent  organized  (Class  sell  workers  T h e s e a c t i o n s showed t h a t w o r k e r s were  and  t h a t w o r k e r s would fellow  of  of V a n c o u v e r  means o f p r o d u c t i o n ,  Known  i t continued  a l l played  f o r comprehensive  solitary  legislation.  t h o s e who  expressed  v a r i o u s T r a d e s and L a b o u r  of Canada,  recession  t o 1916.  of  was  widespread,  compensation.  distinct  product  was  1981:161).  l a b o u r o r g a n i z a t i o n s a d v o c a t e d c o m p e n s a t i o n . The  and The S o c i a l i s t  from  al.,  unpredictability  and  In  should  support  legislation,  in  they (workers)  workers  of e x i s t i n g  Federation  rather  et.  expense  Many B.C.  human r i g h t  cap<able  compensation terms  as  the  t h e owners  of  the  w i t h them,  and  identify  (ibid.).  t h e 1917 t o sue t h e i r  injuries  Act  specified  employers  in return  for  a  and no-  fault,  compensation  employers the  had  to g i v e  common g o o d .  a risk, an  one  of  employer  Justice  state  industry"  r o l e of  despite (a  c ompen s a t i on  relation central  accidents.  being  for  labour  common  and  was  law  battles"  could  the  i n the  from  (Chief  supported  not the  protect  ravages that  of only  "wounded s o l d i e r s  formulation  enforce  the  That  drafted  of  the  Act.  All  1917  Act of  labour's  the  1917  collective  compensation  in a period  to  of  W o r k e r s demanded  a three-member  attests  for  board  were  included  contained serious  lost  these  economic  much of  influence  with  in  their B.C.'s  movemen t .  to  the  role As  Canadian  in  the  s t a t e , the  monitoring  s t i p u l a t e d i n the  legislative  jurisdiction  D o m i n i o n of  parliament  BNA  Federal  the  they  t i m e when w o r k e r s t r a d i t i o n a l l y further  compromise  1983).  labour  to  and  Thus, workers b e l i e v e d  far-reaching.  authority  leverage)  Act  Burman,  Workers  workers  capitalism  employers' o p p o s i t i o n .  recession  1867,  individually  a i d and  legal  Therefore,  corporate  was  damages a t  hard-fought  17).  organized Act  r i g h t s in a  recover  adequately provide  medical  provisions  a  by  because  ( B a r t r i p and  sufficient  In  to  law  1985:5).  r i g h t r e l i n q u i s h e d by  industrialization.  Compensation  despite  primary  1966:  could  liability,  common  attempting  against  large-scale  The  "The  Sloan,  themselves  up  protected  compensation  the  scheme (Ombudsman,  and  the  government  Federal  and  prevention  British  i n Canada provinces.  government of  played  industrial  North American  Act  of  i s d i v i d e d between  the  Under s e c t i o n  the  i s empowered  to enact  91  of  legislation,  while and  u n d e r S e c t i o n 92  enforce  powers  is  enshrined  i t s p r o v i s i o n s . Apart the  law  i n S e c t i o n 31  devious  behaviour  parliament  from  t h e BNA  the f e d e r a l of  and  are s a i d  i m p o r t a n c e among t h e s e as  absolute,  and  they  to e f f e c t i v e l y  of w o r k p l a c e h e a l t h and  distribution the  and  safety  In f a c t ,  conviction c a n n o t be  are  enforce  safety.  particular  resulted  limited  by  For  example to  guilty  of  violating  a fine  of  Quasar  easily  murder  been  because  powers  the  of  inability  instance,  in  while  the all  imprisonment  incarcerated  in t h i s  area  has  for  i n imprisonment  produced very s a f e t y and  (WCB  of  violating  Reasons (1981), job-site  p a i d o f f the small been by  failing  p r o t e c t i v e e q u i p m e n t and  up for  critics  to provide  related  of  the  training,  cases  1387). T h i s  Ltd.  of  company  as a  was  found  resulting  clear  in  months.  offence.  proper the  One  Calgary.  to only s i x the  in  laws where  assault.  regulations,  fine  i n t e r p r e t e d by  health  common  the petroleum safety  few  Fact Sheet,  i n v o l v e d Quasar Petroleum  $5000 o r a p r i s o n s e n t e n c e  has  or  hazardous  them, p a r t i c u l a r l y  f o r murder, manslaughter or  According  incident  ever  of C a n a d i a n o c c u p a t i o n a l  said  criminal  laws.  research  the h i s t o r y  are  1981:113-  of  criminal  no  health  which  powers i s t h e  an  has  provincial  (Manga,  i n Canada a l l o w f o r t h e p o t e n t i a l one  and  t o "make laws f o r  jurisdictions offender,  administer  i t a p p l i e s to p r e v e n t i n g harmful  as Manga c o n t e n d s ,  are not  to  parliament  good g o v e r n m e n t of Canada"  i n the p r o d u c t i o n  But  the p r o v i n c e s  area  of  of p a r l i a m e n t  substances.  of  and  particular  power  a r e empowered  'enumerated p o w e r s '  the peace, order 114.) „ Of  the p r o v i n c e s  This  case  of  respiratory  company  made  a  "conscious, (Ibid.:  6-7).  judgement unequally of  premeditated  B.C.  Washington  applied the  in  a  and  r a t i o n a l choice" many o t h e r  mockery of  favours  public  big  reasons:  first,  was  in  desired  order  legally  f o r employees'  a  state-wide  b u s i n e s s m e n were n o t hours The  and  adoption  justified K i n g , who  by  of  argued  Quasar  in that  the  law  the  expense  at  influenced  is  by  the  former Prime  the This  large corporations  for  off  the  which  ensure  more made  employers so  individual  shorter  scheme  Minister,  radical  secondly,  that  need f o r  insurance  by  1911.  measures ( F i n k e l i n P a n i t c h ,  state-run  Canada's  the  i n j u r y a t work;  would  burdened with  the  cases,  in e f f e c t since  legislation  program  costly safety  murder  further  to fend  type  that  of  was  been  employer-liability responsible  commit  corporations,  Act  s t a t e scheme w h i c h had legislation  justice  to  ( i b i d . :205) .  Workers Compensation  compensation two  as  represents  w o r k e r s and The  Thus,  and  working  1979:346). was  further  W.L.  Mackenzie  that:  " S o c i a l i n s u r a n c e , which i n r e a l i t y i s h e a l t h i n s u r a n c e i n one f o r m o r a n o t h e r , i s a means employed i n most i n d u s t r i a l c o u n t r i e s t o b r i n g about, a w i d e r measure of s o c i a l j u s t i c e , w i t h o u t on t h e one h a n d , d i s t u r b i n g t h e i n s t i t u t i o n of p r i v a t e p r o p e r t y and i t s a d v a n t a g e s t o t h e community,, o r , on t h e o t h e r , i m p e r i l i n g t h e t h r i f t and i n d u s t r y of i n d i v i d u a l s " (Panitch, As acts  with  other  d i d not  early safety  attempt  legislation,  to e l i m i n a t e  accidents  and  illnesses  results  of  unsafe  at  their  working  workers'  unsafe c o n d i t i o n s  source;  conditions  1979,  compensation and  they d e a l t only (Ashford,  313).  prevent with  the  1976:338).  According safety  t o Manga ( 1 9 3 1 :  program  regulations  in  have  B.C.  been  have been more i n f o r m bureaucratic sponsored and  remains  than  in  minority  and  involves  Regulatory  domestic  g r o u p s and  coverage  under  the  the  History  Amendments,  With  regard  body  - the  were  not  system  accept  racist  and  to review  risen  during  the  intervention  legislation benefits  (1983: 419). for  certain  to Walters,  government  care,  (predicting  and  continued  revisions example  1983  governmentboth  labour  recommended  that  predominantly workplace,  Act.  But  of  from  receive  the p r o v i n c i a l (see by  WCB  labour  sexist. the  Act  Board  i n the  came u n d e r (WCB)  courts.  As  early  over  As  As  a  the  increases  a  out,  WCB  illnesses 1970  onwards, the  costs,  health provides injuries.  a v a r i e t y of  rising into  have  further  now and  of  costs  They  occupational  the  this  system  years.  projections in  decisions  funding,  pointed  of  drew a t t e n t i o n t o cost  statutory  thus r e q u i r i n g  result,  early  to  b a s e d on  the  1970s,  the  - whose  W a l t e r s has  initiation  calculated  The  a reaction described  work-related  publications  1967.  recommendations  and  from  and  the  such  the  i n the  these  increased  1960s and  but  are  employer-financed  e m p l o y e r s have  government  racism  1983.'),  classifications.  by  health  to  completely  borne  who  health  since  Committee  workers,  to a d m i n i s t r a t i o n ,  subject  industrial  The  Workers' Compensation  was  According  as  r o l e of  Workers Compensation  refused  representatives  unchanged  Committee composed of  s u f f e r from  government of  occupational  s u b s t a n c e . One  management r e p r e s e n t a t i v e s .  farmworkers  the  revised periodically,  restraint  Advisory  177),  costs the  despite  of  future limited  revenues crisis is For  advanced p r o p o s a l s  in costs)  the  need  the  workplace  attempting care  ( I b i d . ) . Among t h e r e a s o n s  estimated  occupational  U.S.  c r i s e s of the  state,  control  welfare of  422)).  Thus,  the long-term  are by  noted  as  linked  to  "initiating  t h e s t a t e was i n p a r t  c o s t s of  providing  may be s e e n a s one r e s p o n s e  h a s a r g u e d , however, t h a t  costs  Thus,  is  disease.  health  i l l n e s s e s and to the f i s c a l  state" (ibid:423).  but that  was  not simply  of w o r k - r e l a t e d  occupational  health  functional  response  to  i l l n e s s e s on t h e p a r t o f  the  a  i t s main o b j e c t i v e was t o s e r v e structural  legislation  class  1933:  fiscal  f o r an i n c r e a s e  the f u t u r e i n c i d e n t of i n d u s t r i a l  legislation  capital.  this  Institute  t h a t 20 p e r c e n t o f a l l c a n c e r s  i n j u r y . The l e g i s l a t i o n  increasing  to  cited  h e a l t h and s a f e t y l e g i s l a t i o n ,  by r e d u c i n g  safety  N a t i o n a l Cancer  (Walters,  to  Walters  f o r responding  to provide health care f o r worker-reiated  example,  having the  and  struggle  analysis  h a s been in  of  the  and  the i n t e r e s t s of  growth  of  social  complemented by a f o c u s on t h e r o l e  the  genesis  (Wa1ter,1983 : 4 2 3 ) . Such s t u d i e s a r e s a i d  of  social  to indicate  policies that  the s t a t e responds t o working c l a s s p r e s s u r e s f o r r e f o r m i n an e f f o r t t o d i f f u s e c o n f l i c t and promote s o c i a l harmony by e n c o u r a g i n g a b e l i e f i n t h e l e g i t i m a c y o f t h e s y s t e m . However, c o n c e s s i o n s t o l a b o u r do n o t change c a p i t a l i s t r e l a t i o n s , though t h e y may have a h u m a n i z i n g e f f e c t , t h e y do n o t change c a p i t a l i s t r e l a t i o n s of p roduc t i on ( i b i d ) .  In sum, t h e a d o p t i o n is  of workers compensation  v i e w e d by some a s a n . h i s t o r i c  who w o u l d n o t h a v e t o make d i r e c t  victory  legislation  f o r the working  payment f o r m e d i c a l  i n B.C. class  coverage i n  the  e v e n t of a w o r k - r e l a t e d i n j u r y or d e a t h .  have  argued  solution system,  in  that  by  embracing  o r d e r t o improve  this  question  asked  by  Swartz  (1379:  some  practical  conditions  w o r k e r s were more r e f o r m i s t  Yet  and  within  the  than  radical.  327)  about  critics pragmatic  capitalistIndeed,  this  the  "historic  victory" i s , What k i n d o f s o c i a l v i c t o r y was i t ? What s o c i a l change d i d i t b r i n g a b o u t with regard to the production and d i s t r i b u t i o n of health services? Swartz  contends  that  despite  the  large  role  of t h e s t a t e ,  ...the h e a l t h system was o v e r w h e l m i n g l y a c r e a t i o n of p r i v a t e i n t e r e s t an d initiative. Its creation d i d not a l t e r t h e f u n d a m e n t a l d i v i s i o n i n t h e power s t r u c t u r e between t h e owners o f t h e means of p r o d u c t i o n and t h o s e who s e l l t h e i r l a b o r f o r wages ... ( T h e ) b i a s of the system would o p e r a t e so t h a t major b e n e f i c i a r i e s would be the dominant c l a s s e s ( i b i d . ) .  C.  Functions The  its said  functions  mandate.  of t h e WCB  Where d o e s  t o come f r o m  can be u n d e r s t o o d i n t h e c o n t e x t  t h i s mandate come from?  t h e B.C.  Workers'  Compensation  T h i s mandate i s A c t . The  mandate  i s t h r e e f o l d , name1y: 1. To compensate w o r k e r s workplace;  f o r i n j u r y i n the  2. To s a f e g u a r d t h e worker i n t h e w o r k p l a c e through the enforcement of the i n d u s t r i a l h e a l t h and s a f e t y r e g u l a t i o n s ( i . e . , a c c i den t p r e v e n t i on) and; 3. To  r e h a b i l i t a t e the worker  to f u l l  (BCFL  of  health  Repor t , 1 9 S 5 ) .  Under  the Act,  legislature,  which  i s p a s s e d and amended by  t h e WCB's p o l i c i e s  and d e c i s i o n s a r e i t s own  r u l e s and must be c o n s i s t e n t w i t h  A c t . The e x t e n t  sole  authority  its  decisions  acted  the  The  of t h e  hundred  department. divisions.  Claims  again  if  fairly  the in  of  a c t i n g departments  and F i n a n c e ,  into different  Adjudication,  illustrates  the  though  WCB  has  compliance  the  province  are  performed  in  Services,  and L e g a l  sections.  and C l e r i c a l  distinct  Medical  Services,  These  organizational  Accident  services is  These departments  staff.  of over  five  Services.  Rehabilitation,  by  and an a d m i n i s t r a t i v e  down i n t o d e p a r t m e n t s and e a c h d e p a r t m e n t  Medical,  the  R e p o r t , 1987: 1 2 - 1 3 ) .  a r e Compensation  Inspection,  WCB:  of a c l a i m ,  court  laws  i t with  p r o v i n c i a l government. I t has a s t a f f  i n four  These  divided  a  with  member b o a r d o f c o m m i s s i o n e r s a p p o i n t e d  I t s functions  Administration  in  law o r o t h e r  1982 :7 , Ombudsman  cabinet  divided  appealed  common  WCB h a s a f o u r  thirteen  are  be  t o the A c t or has not acted  general  (Sleeves,  the  t o make d e c i s i o n s on t h e m e r i t s  contrary  with  rules consistent  o f t h e B o a r d ' s mandate p r o v i d e s  can  written  t h e A c t . The A c t a l s o g i v e s t h e  WCB. t h e power t o i n t e r p r e t i t s own w r i t t e n the  the p r o v i n c i a l  sub-  include  Prevention,  The f o l l o w i n g  s t r u c t u r e and f u n c t i o n s o f  chartthe  ORGANIZATIONAL CHART CI1IU1I  *aia**r« f J . A . Malsaa J . H . >«l«>r B.H.  J.A. I W I m A4aUK.Aaaiat.ta CkairaM*  K i r M N  E.V.  VM4  Diraatar Aayaaia •.C.AHavall  DixaaUr Baa 0.  U.CHUtl/  l a l l M l  IMaraal Aaait  I. •«<*«  Diraatar • -HJIorlia  T  OftJllifff Sarvieaa  •A.  B-V. T t y l w Birratar 1*1  _  MWtaal  -  C M U t l  A H n»ra.a  r.v.  |Aei««rir]—  r  1. Haaaa.  NlHlif  DirMtar  n.u  Aaaasawta  • r.A.I. Htaktai  Offiear  A . Biattart  B. taut*.  V. I n u  Batliaal S T C »  Biraotar Baaaarah 1 StaaAara*  ICaatxa Uar]  ITxaoaaxax | B-A. I t l l r a  i t m  jltat.CaaT«"]  l.lMiif  Dr. FJ1. R t f H  Dixaetor  Oaaaia. .Saiatr I iMltk Mf.  Fiaaaatal  Saraieaa • . CaintWii  H.8. M o  Diraatar  Biractar Oaaaaat. •aaltk  Br. C. Camata I—| Dtraatar Rahak. Clifii* Dr. J.R.AJUIsaritk  Dtraatar 0. C<Mw  Br.V.Vbitakaad  Dtraatar Cwn»«t.STOi  M. Marriatt  Source: Workers'  i.  Claims  WCB or  A . Qaiaa  T. V k a r t a a  Diractar  Compensantion  Board  t o t h e B.C. F e d e r a t i o n  in eight  makes  Cltaic  (WCB), March  14,198y  Adjudication  According one  Dir.•atar C>*«IKS A Voa Raftak.  workers  will  file  i t one o f t h e l a r g e s t  of Labour  a claim  departments  Report  (1985),  since  i n any g i v e n  year,  this  o f t h e WCB  (1987:).  The  r e c e i v e s and p r o c e s s e s c l a i m s s u b m i t t e d f o r i n j u r y , death  medical  of a worker. aid,  dependents,  wage  loss,  and f u n e r a l  claims f o r i n j u r i e s ,  They  will  make f i v e  permanent  and r e l a t e d  fatalities  kinds  disability,  expenses.  of  disease payment:  person  In 1976, o v e r  and d i s e a s e were f i l e d ,  and  for 14000 over  $1011 m i l l i o n In  19SS ,  was s e t a s i d e f o r t h e s e payments ( S t e v e s , 1979:10!).  156 ,312 c l a i m s were r e c e i v e d ,  down f rom a 1930 h i g h o f  197,115 (Ombudsman , 1987:9) . The e x t e n t o f c l a i m s f i l e d is  further  reflected  statistical during 1987  report,  i n days there  injuries,  24.3% from  years*  injuries.  actual  number  of days  charges  from  lost  5 9 % of t h i s f i g u r e  1986 i n j u r i e s  These f i g u r e s  lost  work. A c c o r d i n g t o  were 2,073,637 d a y s  1937 due t o i n j u r i e s :  prior  Time  lost  are said  f o r permanent d i s a b i l i t y  a  work  resulted  from  1985 and  to represent  (wages-loss  and f a t a l  by i n d u s t r i a l  WCB  from  and 16.3% f r o m  by i n j u r e d w o r k e r s  i n c l u d e d . An a n a l y s i s o f d a y s l o s t  by w o r k e r s  cases  the  cases.) . are  not-  g r o u p s shows t h e  f o i l o w i n g:  Q§.Y.§: !=2§.tTrade  570,934  27.5  Forest- P r o d u c t s  373,280  18.0  General  329,180  15.9  C o n s t r u c t i o n I n d u s t r y and A l l i e d Trades  291,273  14.0  O p e r a t i o n s of t h e F e d e r a l , P r o v i n c i a l and M u n i c i p a l G o v e r n me n t s  174,007  8.4  T r an spo r t a t- i on  159,349  7.7  Mining  and S e r v i c e I n d u s t r i e s  E'.§£ Q§Tli:  Manufacturing  arid S m e l t i n g  Navigation Operations  and Wharf  F i s h i n g and F i s h Industry Light  and Power  Packing  71,160  3.4  54,356  2.6  42,012  2.0  8,085  0.4  ( S o u r c e : W.C.B. o f B.C.,  1987: 14)  The  claims  department  responsibility issues  in  is  who  issues. decide  Each  Rehab i 1 i t a t i on  of  the  previous (1>.  A  hearing  separate  retrain  is said  t o be  flexible  S e c t i o n s of  It-  disbursement spouse.  rehabilitation  also  the  appealable; (Policy is  it  a  for  Medical medical  adjudicator  injured  must  medical  workers.  occupation  Manual  It  by  a  1000  t o be  case  specific  no  one  16  of  of  to  Education  other  of  provision a surviving  dependents,  c o u n s e l i n g and Society  of the  the most-  constraints. It is  requirements  making  for training  of  102.26).  virtually  as  new  a Commissioner  t h e n e c e s s i t y t o custom d e s i g n to the  16  Rehabilitation  under S e c t i o n  i s said  The  their  (Section  accommodates  though  covered  described  services Legal  i n another  the A c t with  approach  in  1000  claims centre  of e x p e d i t u r e s  But  (Countinuing  them  Act.  to recognize  is  the  monthly. A recomendation  Compensation  worker.  to  eligible  s e c t i o n i s to r e t u r n workers to  rehabilitation  rehabilitation  is  factual  payments f o r wage l o s s ,  approximately  hearing  Workers  so d e s i g n e d  i s due  serves  the Board d e c i s i o n i s not Vocational  attached  other  Sec t i on  claims f i l e d  Consultant  worker  been a c c e p t e d ,  rehabilitation  j o b s or  has  and  first  (Ibid).  T h i s s e c t i o n now goal  the  whose  t o t h e a d j u d i c a t o r f o r a d v i c e on  t h e worker  expenses, or both i i.  unit  a c l a i m has  whether  adjudicator  the medical  whether  claim  is available  Once  an  consider  determining  compensation. Advisor  to  has  given  of  each  for  1982:  the  dependent  it- does  placement  of B.C.,  any  limit-  services 7).  iii.  Accident- P r e v e n t i o n  Eighty  five  worksites order  accident prevention  f o r unsafe  management  accident  for  working  officers  The  governed  s e c t i o n 71  Board of  by  i s empowered  injuries  Act. by  The  by  Board  WCB  and  industrial test  prevention  Prevention noise,  Aid  First  Health  these  regarding  Act.  the  is The  prevention  covered are  w r i t e an  the  Safety  Regulations  in industries  by  These  and  Compensation  Aid staff  and  t h e B o a r d ' s code of  Regulations  certified  inspectors  dust,  fumes,  workers f o r l e v e l  officers,  assessments  and  First  are  They a d v i s e e m p l o y e r s on  and  diseases  acts,  by  the  calculated examination  Workers'Compensation  (ibid.S3).  Accident  They  industrial  A l l Industrial  the  the Workers'  various  conditions.  Industrial  t o make R e g u l a t i o n s  Industrial  t h e WCB.  set  and  unsafe  a r e g o v e r n e d by  B o a r d . ' s power t o e n a c t of  inspect-  hazardous  the workplace - the  Regulations.  officers  c o n d i t i o n s and  t o c o r r e c t any  prevention  standards  Inspectors  their  worksites,  radiation, vibration,  contaminants findings,  monitor and  i n the b l a d d e r  and  along with  c l o s u r e of  a complete o p e r a t i o n .  a r e a l s o u n d e r t a k e n by  this  cold. urine.  accident  have powers t h a t r a n g e f r o m p e n a l t y  to  safety training  of  inspect  levies  First  aid  department.  i v . Med i c a 1 Depa r tmen t Thirty with and  five  d o c t o r s of  d i a g n o s i s and  t h i s department are  treatment,  r e s e a r c h programs.  The  but  concerned  a l s o a r e engaged  Board p r o v i d e s medical  in  primarily prevention  assistance for  injuries  or disease  include  the  podiatrists, and  arising  cost  of  the  chiropractos ,  life  of  send  can c o n t i n u e a pensioned  worker's  dentists,  after  accidents.  doctor,  specialists,  naturopathetic Chapter  I t can  physicians  VIII).  Medical  t h e end o f wage l o s s and  worker as long as t h e d o c t o r  f o r the  continues  to  t o be e x a m i n e d  by  i n Form 11.  Section a place there  57  (1) of t h e A c t r e q u i r e s a worker  convenient i s a good  will  t o t h e worker  reason,  usually result  or  disease  The  surgical  advice,  t o promote h i s / h e r  recovery"  medical  conflict-ridden  sensitive  and w i l l  about the workers' c o n d i t i o n .  situation  is  secretive,  for  workers  anxious  reputation,  about  the  they  a r e a l l merely  case  workers is  i t . Medical  doctor's  is  maintain  are said  with  But the by  injured  workers  worst  Board  their  possible  doctors  who  over  are their  worker, b e l i e v i n g  workers  o p i n i o n s need n o t be s h a r e d  r e p o r t s may  reasonably  Many d o c t o r s  t a k i n g the system f o r a  to  which,  1382).  must be c o n s t a n t l y on g u a r d b e c a u s e sufficient  injury  i s the  power o f t h e every  their  assistance  share  t o be t r e a t e d  and s u s p i c i o u s o f  that  terminate  of medical  payments.  treatment  (Sleeves,  between w o r k e r s and d o c t o r s .  open, h e l p f u l ,  opinion  aspect  Unless  examination  i f workers t r e a t  or  expert  an  of compensation  refuse  relationship  opinions  such  way a n d / o r  most  be  payment  i n an u n s a n i t a r y  on  essential  to attend  i n the suspension  B o a r d may a l s o s u s p e n d  "based  i f the Board so d e c i d e s .  failure  The  and  compensation  p h y s i o t h e r a p i s t s <Act s . 2 1 ; M a n u a l ,  assistance  to  from  ride.  In t h i s  the  doctor's  compensation with  i n c l u d e s t a t e m e n t s about  or  t h e worker  the  worker's  "enthusiasm" Medical event  to return  (ibid.:19).  Review P a n e l s have been e s t a b l i s h e d  of  a  worker  Ombudsman's r e p o r t , Rev i ew  t o work  Pane1  filing  t o the  S e c t i o n 58 o f t h e A c t e s t a b l i s h e s a  Medical  c i r c u m s t a n c e s s under which  and  complaint.  i n the  According  (M.R.P.)  a  by t h e B o a r d  s u b s e c t i on  (3)  def i nes  the  i t may be i n v o k e d by a w o r k e r :  (3) Whenever a w o r k e r , n o t l a t e r t h a n 90 c l e a r days a f t e r t h e making o f a m e d i c a l d e c i s i o n by t h e B o a r d , e x p r e s s e s h i m s e l f in w r i t i n g t o the board as being aggrieved by t h a t m e d i c a l d e c i s i o n a n d s e n d s w i t h t h a t w r i t i n g a c e r t i f i c a t e from a p h y s i c i a n c e r t i f y i n g t h a t i n t h e o p i n i o n of the p h y s i c i a n t h e r e i s a bona f i d e m e d i c a l d i s p u t e t o be r e s o l v e d , w i t h s u f f i c i e n t p a r t i c u l a r s t o define the question i n issue, t h e worker s h a l l be e x a m i n e d by a M.R.P. a p p o i n t e d i n t h e manner p r o v i d e d i n t h i s s e c t i o n (Ombudsman R e p o r t , The  c o n d i t i o n s f o r convening  Ombudsman  Report  ( s e e page  an M.R.P. a r e s t i p u l a t e d  12 - 1 3 ) . As t h e Ombudsman  "(t)his  does n o t ,  matter  when t h e WCB h a s e x c e e d e d  has  been a d e n i a l  v. Legal This  p r e c l u d e t h e c o u r t s from  of n a t u r a l  i t s jurisdiction  justice"  i n the  points out, reviewing a  o r where t h e r e  (ibid.).  Department department  department third  however,  1987:12).  is  party.  investments According  d e a l s with  legal It  council  i s also  legislation  that  f o r the board responsible  i s enacted.  when t h e WCB  f o r land  and  sues  The a  capital  made by t h e B o a r d . t o one s t u d y ,  a s o f 1979,  the B r i t i s h  Columbia  WCB  had  o v e r $570 m i l l i o n  Authority Hydro  securities  investments  (ibid.,1381: has  been  Railway under and  bonds. attack  other  The f o r m e r  citizen  groups opposed  wspollution  and  provincial  highways,  securities  (ibid.).  All of  of t h e above  and up  appointed  by  provincial The  Commissioners.  provincial be d i s m i s s e d  as  quasi-judicial in a l e g a l l y  Board  claims decision.  of  energy  environmental securities in  B.C.  the a e g i s of the i s made  Board  up  of  These commissioners of  the  with or without  ar  municipal  day.  reason  a are The  by  In  the  to i n d i c a t e  that  and f a i r  Minister  this  E<oard  way  are  the  sometimes  i t arrives at  manner.  on a d a y - t o - d a y b a s i s the Board  is  it  Instead,  does it  n o t depend raises  on  its  public own  funds  its  The B o a r d i s  said  t o the Labour R e l a t i o n s Board or the P o l l u t i o n  although  operation.  massive  r a i l w a y s , or  government  correct  n o t a c c o u n t a b l e t o an e l e c t e d  comparable  constantly  cabinet.  decisions  each  Columbia  investments are  Commissioners  d e c i s i o n - m a k i n g f u n c t i o n s of  described own  to four  can  other  years  trade unions  corporate  d e p a r t m e n t s a r e under  the  commissioners  grounds  hospitals,  C o m m i s s i o n e r s . The B o a r d o f  chairman  native people,  the  by t h e WCB;  t o be  to i t s v a r i o u s  on  schools,  B.C.  portfolio  and B r i t i s h  i s said  r e s o u r c e g i v e a w a y s . No  held  and Power  1 3 8 1 ) . In 1375-1376,  institution  many  Hydro  a l l investment in recent  by e n v i r o n m e n t a l i s t s ,  be  B.C.  Hydro and Power A u t h o r i t y  policies,  to  in  44 p e r c e n t o f t h e WCB  Practically  development  known  solely  (Reasons, e t a l . ,  represented  171).  i n B.C.  invested  money by  to  for be  Control for  its  assessing  employers  D.  Current The  highest. and  t h e c o s t of compensation  Controversies  WCB a c c o r d i n g level  that  a s a t a x on p r o d u c t i o n .  96  t o some r e p o r t s  ,  says that  o f b e n e f i t s o f any c o m p e n s a t i o n p e r cent  o f a l l WCB c l a i m s  system  i t pays in  a r e accepted  the  Canada, without  di spute. But  a  review  of  policies  and  doubts and c o n t r a d i c t i o n s . A c c o r d i n g the  statistics  reveals  some  t o a V a n c o u v e r Sun r e p o r t on  WCB: 1 . I f y o u g e t h u r t b a d l y a n d want t h e WC-E< on y o u r s i d e , y o u ' r e b e t t e r o f f t o h a v e a s e v e r e d hand t h a n a b a d b a c k . 2 . S t a t i s t i c a11y, w o r k e r s wi t h t h e most s e v e r e i n j u r i e s a r e most l i k e l y t o have t o f i g h t t h e WCB f o r b e n e f i t s . 3.  I f y o u ' v e been h u r t on t h e j o b a n d you d o n ' t t h i n k y o u r c l a i m h a s been handled p r o p e r l y , you could wait as l o n g a s s i x y e a r s f o r an answer t o y o u r a p p e a l . And even i f y o u w i n , t h e WCB m i g h t n o t comply w i t h the d e c i s i o n .  4. More w o r k e r s s a y t h e y a r e u s i n g short, t e r m m e a s u r e s t o a v o i d d e a l i n g w i t h t h e WCB, s u c h a s d e p e n d i n g on p r i v a t e h e a l t h i n s u r a n c e companies o r n e g o t i a t i n g d i s a b i l i t y agreements i n t o t h e i r c o n t r a c t s (The S u n . -July 11,1937: A9> . These  contradictions  about t h e n e g a t i v e  wor k e r s ' demands f o r  was  established  considerable  t r e a t m e n t o f w o r k e r s by t h e WCB.  both employer p r e s s u r e  a spokesman f r o m  have c r e a t e d  t o keep a s s e s s m e n t  i n creased  They  reflect  r a t e s down a n d t o l i m i t  d i sab i i i t y benef i t s .  t h e L a b o u r e r ' s Membership S e r v i c e , i n 1917,  controversy  Ac c o r d i ng t o when t h e WCE<  t h e w o r k e r s g a v e up t h e r i g h t  t o sue  their  employer,  no m a t t e r how  negligent.  c o m p e n s a t i o n , w o r k e r s a r e now off  without a compensation  for  i n j u r y on  A  major  by  the  b o a r d , and f r e e  c o n t r a d i c t i o n stems  Commissioners, professed  convinced that  t h e j o b (The Sun.  Social  Credit which  policy  neutrality  of t h e WCB.  tenure.  a r e a p p o i n t e d on  rather  than  guide an  appo i n tmen t  i n WCB  as chairman  t h e WCB  and  the  Board's  legal  and  academic  According government  be  of  to  commissioners  The  There  government-  WCB a  in  the  independentpatronage  i s no  most r e c e n t  WCB  official  case of such i n vo 1 v e d  private  Ji m  lawyer  t h e p a t r o n a g e a p p o i n t m e n t o f -Jim such appointment  previous procedures,  c h a i r m a n be a p p o i n t e d s o l e l y on  in the h i s t o r y which  required  the  basis  of  background. Weir  of t h e  more l i k e  an  BCFL,  the  Social  i n s u r a n c e company  To d a t e , t h e p r o v i n c i a l government  extending Nielsen's  t o t h e WCB  of  of p o l i t i c a l  Paterson,  the f i r s t  -John  institution.  representatives  Craig  and  do n o t have  expertise.  litigation,  t r e a t s t h e WCB  considering  respect.  to  was  appoinment  c h a i r man s h i p o f t h e  contradicted  that  social  the  According  specializing Nielson  to  exercised  non-interference  the b a s i s  and academic  better  employers  bias  t o t h e WCB  Commissioners  to determine q u a l i f i c a t i o n s .  Nielson.  of  legal  be  t o sue t h e i r  the  and  decreased  1987).  in  counter  of  t h e y would  from the p o l i t i c a l  administration They  -June 13,  government goes  of  In l i g h t  t e n u r e a s WCEf  c o n s t i t u t i o n a l precedent that be  from  on  a  labor,  tripartite  basis,  management and  Creditthan  i s s a i d to  chairman. the  With  appointment  (i.e.,  t h e WCB),  a  that  with has  changed  since  f e a t u r e o f WCB The  1984 hiring  protection  fiscal  budget  According  the  awards  to injured  Board's  WCB  funds through the  workers  who  Community L e g a l  to f i l e  a claim.  approach  because  they b e l i e v e  bureaucracies effort  that  by  Alan  i n B.C.  cases  by M a c l e a n  i n t e r m s of costs,  and  a d o p t s an  a  as h a v i n g a  adopt a  workers  defensive  i s out to get  i t s performance  the Board's  large budget.  injured  a s one  WCB  Maclean,  Assistance,  the Board  in  from g i v i n g  As a r e s u l t , w o r k e r s  characterized  to reduce high  processing  described  its  controversy.  lawyer s p e c i a l i z i n g  and s u s p i c i o u s of t h e a c t i o n s o f  i s further  of  - i n o r d e r t o b a l a n c e t h e WCB  wish  The WCB  dominant  balancing  adjudicators  a d j u d i c a t o r s h a v e been  mentality"  the  i s a n o t h e r ma j o r  a private  discourages  lawyer w i t h the Vancouver "cop  expense  Sanborn,  Board  become  and p r o c e d u r e s .  of  to C a l v i n  b i a s has  policy  a t workers*  cases,  The  as employer  them.  of t h e  worst  record.  In i t s  huge b u r e a u c r a c y d e l a y s  adversarial  attitude  towards  workers.  On  the  being  i s s u e of a c c o u n t a b i l i t y ,  unaccountable  Labour.  Industry  efficient example, since  has  exists  employers  The  Employers'  ability  has been  and  to lobby through a  t h e economic  the  accused  of  Minister  of  sophisticated  Council  to influence  of the  against  their  interest.  i n t h e numerous j u r i s d i c t i o n s This  i s attributed  l a r g e s t , government a g e n c y ,  Moreover,  and  B.C.,  for  government,  have t h e power t o shut-down o p e r a t i o n s  moves  compensation. the  the  i s said  organization.  employers  government  to  t h e WCB  if  confusion  involved  with  inspection  to the f a c t  that  t h e WCB,  h a s some t h i r t y  the  and  being  a g e n c i e s and  one  hundred  and  some  which are  of  mining not  fifty  industry,  fall A  under  B.C.  than  rarely so  f o r example,  many  complex.  i s a high  are  i s that  accident  a chance to such  federal sets  there  industrial  are  concerns  under  Factory's  p r o v i s i o n s . The research to  facilities  pre-defined  look  at  effect  the of  workers. are  not  safety  total  broadly the  work  In  sum,  workplace, state  the  few  weaker  and  the  and  and  conditions.  (B.C.  adequate  responds failing  the  the  programs  issues  Responsibility  Federation  to  information  broader  workers are  only  cumulative  o r h e a t on  publicity-styled  i n d i v i d u a l , and  responsibility  lacks  safety education  to address the  fall  enforcement-  separately, see  are  inspectors.  I t now  to  in  Inspectors  conditions  intensive noise  health  does  not  of  of for  informed  Labor,  1987;  1981).  the  legislation  the  existing  on  the employers'  Sleeves,  t e s t s each  Board f a i l s  i s placed  much  backing.  compounds,  organizations  so  Hygiene Department a l s o  financial  developed  inspectors.  working  working environment  chemicals,  by  unsafe  and  which has  p r o b l e m s and  Finally,  printed  of  Industrial  i n d u s t r y which  more game wardens  and  r e s p o n s i b l e f o r more g e n e r a l Act,  B.C.'s  i n d u s t r i e s since there  Authorities the  regulations,  Act.  prevention  inspect small  of  Added t o t h i s , risk  Workers' Compensation  problem  there  get  and  ambiguous and  the  further  provincial  historical  has and  (WCB)  meant increased  and  development- of decreased  worker  decision-making  employers.  This  workers'  compensation  control  power  over  i n the  i s , i n p a r t , due  the  hands  of  t o : (1)  The  l o s s of  the worker's  Compensation  Act;  Compensation  of  a  workplace WCB  worplace  h a z a r d s on  determine and  (2),  the  tripartite  adequate  examine  t o sue an e m p l o y e r  r e s e a r c h and  require  basis;  health  and  regulations  funding into  the worker's  secondary  how  effectively  t h e WCB the l a s t  of  The  dealt  14 y e a r s .  Workers'  the Workers  commissioners employer and;  (4)  with  in  be  negli-  lack  of  impact  of  next chapter  s o u r c e s of d a t a  has  the  the cumulative  health.  p r i m a r y and  concerns over  that  (3) c o n t i n u e d  both  safety  under  frequent violation  A c t p r o v i s i o n s which  a p p o i n t e d on gence  right  will  order  worker  to  health  Foot-notes Bartrip, P. W. J . and Burman, S-B. The Wounded S o l d i e r s of Industry..! I n d u s t r i a l . C o m p e n s a t i o n P o l i c y 1833-1.897^ O x f o r d : 1983. B.C.  Federation of L a b o u r . R e p o r t of t h e F e d e r a t i o n o f Public I n q u i r y i n t o t h e t h e B.C. W o r k e r s ' C o m p e n s a t i o n B o a r d . -June 3, 1986.  Workers' 1987. B.C.  Submission to Compensation  Workers'- C o m p e n s a t i o n  t h e M i n i s t e r of L a b o u r on Board of Commisioners."  Act.  the B.C. January,  1987.  Bluman, B. " C l a i m s P r a c t i c e and P r o c e d u r e s " , W o r k e r s C o m p e n s a t i o n P r a c t i c e and P r o c e d u r e , C o n t i n u i n g L e g a l E d u c a t i o n Society of B.C., V a n c o u v e r , J u n e , 1982. Chief  Justice Sloan, i n J u s t i c e C h a r l e s Tysoe's Report of the Commission of Inquiry into Workmen's C o m p e n s a t i o n Act, V i c t o r i a : Queens's P r i n t e r , 1383.  Manga, P. e t . al„ O c c u p a t i o n a l H e a l t h and Safety.: I s s u e s and A l t e r n a t i v e s , . C a n a d a : Economic C o u n c i l of C a n a d a , 1981. Ombudsman o f B.C. W o r k e r s ' C o m p e n s a t i o n R e p o r t No. 7, J u l y , 1987. Ormsby, M. A. B r i t i s h  System  S t u d y . B.C.  Public  Columbia,: A H i s t o r y . . T o r o n t o : 1985.  P a n i t c h , L . The C a n a d i a n S t a t e J. P o l i t i c a l Economy and P o l i t i c a l Power, T o r o n t o : U n i v e r s i t y of T o r o n t o P r e s s , 1977. R e a s o n s , C. e t . a l . A s s a u l t on and Co., L t d . , 1981. Sleeves, J . "Your Safety S e r v i c e s o f B.C.  t h e Worker.. T o r o n t o : B u t t e r w o r t h  and Your  The V a n c o u v e r Sun. J u n e  13,  1987.  The V a n c o u v e r S u n . J u l y  11,  1987.  Rights."  Vancouver:  Legal  W a l t e r s , V. " O c c u p a t i o n a l H e a l t h and S a f e t y i n O n t a r i o . " C a n a d i a n Review o f S o c i o l o g y and A n t h r o p o l o g y , 1933, 20 ( 4 ) : 413-34. Workers' Compensation  B o a r d o f B.C.  51  Fact Sheet,  1987.  III.  The  Mobilization  of  Bias  (1972-1987  It  would appear from  been  effective  safety the  s e r v i c e s . To  interests  mobilization whether In  in  the  order  under  divided  into  particular Workers'  serving,  five  sections.  d e c i s i o n s and  of  the  hazard prevention; and  section  the  operations  of  by  the  predominant  the  the  deals  is a critique process  responses with  WCB.  to  and  M o b i l i z a t i o n of (WCB)  of  1987;  workers. stronger  the  with  NDP,  and  chapter  is  examines the  the  policy  accident  health  the  WCB  decision-  the  and;  patterns bias  i.e.,  of  fourth,  the bias  i s defined  in  as  legitimacy  fifth the  a means to  the  i t is serving.  the  (that i s ,  between n a t u r e and  developments  and  g r o u p s , . namely;  1972-1987 outcome  period  interplay  the  advocate  state  WCB  are has  among  and/or  groups  has of  s e l e c t e d c a s e s which  This h i s t o r i c a l  and  the  outcomes;  seeks to provide  bias  r o l e in shaping  of  criticism  identifiable  i n t e r e s t s that  labour  second,  third,  ground-breaking, etc.)  organized  Act;  examines  i n t e r p r e t a t i o n of  the  state  precedents  interest  i n the  and  section,  t o w a r d w o r k e r s a f e t y and  WCB  mobilization  significant  precedents  WCB  this  WCB  concludes  which  first  the  been  under  notand  against  b i a s has  years,  has  health  and  employers or  The  p o l i c y formation  with  1972  the  WCB  r o l e of  chapter  between  in recent  the  adequate  C r e d i t government t h a n  Compensation  cardinal  WCB  that  the  this  been a g a i n s t  i s more e v i d e n t  orientation  and  is  biais i n t h e  Social  it  The  workers with  u n d e r s t a n d more f u l l y  b i a s has  whether  deals  chapter  t o f u r t h e r e x a m i n e whether  the  making  preceding  providing  it  of  the  played  a  decisions exemplary,  resulted the  WCB,  (lawyers,  in  various employers, medical  practitioners, concerned within  occupational  with  occupational  B.C.'s  In power  Party  British  from  the S o c i a l victory  under  Columbia  the  the  democratic The  industrial  1972,  (NDP). The  p a r t y was  the  and  Workers'  influenced,  a s we  this province  - management c o n f l i c t Democratic Credit 1972  Party  Party  to  be  d e c a d e s of  a  workplace  a t r a n s f e r of  political  r u l e by  in  Canada  transformations Compensation  Board  year the  of  a  social  after  1972  (WCB)  of  B.C.  the p o l i t i c a l  opposition  party)  resources  and  party).  of  directed and  s i n c e each for  private  t h e p r o t e c t i o n and  the  For  were  climate  s t r u g g l e between  populist  working people  which  British  power.  large corporations,  public  made  1980s. At- t h e h e i g h t  the p o l i t i c a l  Party  S o c i a l Credit-  that occurred  a r g u e , by  1970s and  was  the  in  elected into p o l i t i c a l  later  Democratic  W.A.C. B e n n e t t , arid  Province  the  etc.),  i n the  t o t h e New  government b u r e a u c r a c y  ordinary  they  C r e d i t Party  right-wing,  appropriating  denying wh i ch  (a  Credit Party,  the p r o v i n c i a l  safety  (a s o c i a l i s t . - d e m o c r a t i c  represented  Social  and  Columbia e x p e r i e n c e d  shall  during  safety specialists,  economy.  e n d e d two  third  and  health  l e a d e r s h i p of  problems  within  health  of  labour the  New  Social,  the  NDP,  against  the  t o some was  extent  perceived  profit services  and to  were en t i 11ed.  The government imposed s t r i n g e n t d e v e l o p m e n t c o n t r o l s on m i n i n g c o m p a n i e s and imposed a f l a t - r a t e p r o d u c t i o n tax r a t h e r t h a n a tax on m i n i n g p r o f i t s . T h r o u g h t h e P e t r o l e u m C o r p o r a t i o n t h e g o v e r n m e n t assumed c o m p l e t e c o n t r o l of n a t u r a l gas p r i c i n g and m a r k e t i n g . Through t h e I n s u r a n c e C o r p o r a t i o n t h e government  assumed c o m p l e t e c o n t r o l o f a u t o m o b i l e insurance and removed p r i v a t e i n s u r a n c e c o m p a n i e s f r o m a l l a u t o m o b i l e i n s u r a n c e f i e l d . Through t h e land Commission t h e government c l a s s i f i e d a l l l a n d i n t h e p r o v i n c e and imposed r i g i d c o n t r o l o v e r t h e use o f a g r i c u l t u r a l l a n d ( i b i d . , 5 0 ) . The  expropriation  of  the  B.C.  industrial NDP  o f key p r i m a r y  economy  extended  relations.  committed  itself  resources  and s e r v i c e  into the areas  In r e l a t i o n  of  to industrial  to a far-reaching  industries labour  and  relations,  r e v i s i o n o f t h e Workmen's  Compensation,  a s i t was o r i g i n a l l y  implemented.  The p u r p o s e  the  was t o e n s u r e p r o p e r  compensation  for  revision  injuries,  to restore  treatment  for  independent treatment Other  injured  appeal  (NDP,  collective  regulations,  and  enforcement  contained sixteen main  provide  arbitrary  and  an  unjust  in of  t h e a c t i v e encouragement of a l l industries, a l l labour  representation  union  labour  unrest  fourty-four  helpful clauses  public  t o labour  (Kavic  of  boards labour's  enterprises (Ibid.).  t h e Labour Code.  items f a v o u r a b l e  and t o keep i t  The L a b o u r  t o management  and N i x o n ,  and  The u s e o f p r o f e s s i o n a l is prohibited.  Code only  1978: 1 5 1 ) . Some o f  included: (1)  and  Department  on a l l government  i n B.C. was on t h e r i s e  t h e NDP a d o p t e d  effective-  statutes  movement, and t h e e x t e n s i o n  i n management o f p r i v a t e and  t o a minimum,  its  included  bargaining  Report,  c h o s e n by t h e t r a d e  1973,  to  the r e p o r t i n g of a l l i n f r a c t i o n s i n t h e  Labour Annual  By  to prevent  sympathetic  1972: 26-27)„  administration  voice  procedure  and  of  industrial  i n t e n t of p r o v i d i n g  workmen and women,  p o l i c y commitments  effective  of  the o r i g i n a l  the  strike  breakers  (2) The b u r d e n o f p r o o f l i e s on t h e e m p l o y e r t h a t he d i d n o t d i s c h a r g e , s u s p e n d , l a y o f f o r d i s c i p l i n e an e m p l o y e r f o r u n i o n activities. (3) The c o r p o r a t e v e i l determine the r e a l  may be p i e r c e d t o employer.  (4) P i c k e t i n g i s d e f i n e d and t h e p l a c e s where s u c h p i c k e t i n g may o c c u r a r e c l e a r l y s e t o u t and i n c l u d e t h e p l a c e s of b u s i n e s s o f a n o t h e r e m p l o y e r who i s an " a l l y " o f t h e e m p l o y e r b e i n g struck or locked o u t . (23)  These came  reforms  P e r s u a s i o n o t h e r than p i c k e t i n g i s is permitted f o r organizational p u r p o s e s (Re i sn i c k , 1377: 3 ) »  were n o t v i e w e d  as a disappointment  Federation  of Labour  In h i s new y e a r  a s u n f a v o u r a b l e by b u s i n e s s , b u t  to unionists,  t h e then M i n i s t e r  Bill  K i n g , c a u t i o n e d both  employers  in  the  regulations  compensation by  attributing  January  review  decisions  starting  that  following  days  to  board  of review  At along  which  the a  Another  hear  WCB,  January  to  of  1,  development  workers' He began (The Sun,  involved  an e m p l o y e r  the decision  the  boards  Compensation  The l e g i s l a t i o n  Board  stipulated  o r employee  t o a t h r e e - man  had  90  member  2,1973).  t h e NDP g o v e r n m e n t made basis.  workplace  Workers'  1973.  ( T h e Sun December  tripartite  the  a l l o w i n g government a p p o i n t e d  decision  appeal  of Labour,  s l o w l y and c a l m l y .  significant  appeals  a board  governing  or s i c k n e s s to the  of l e g i s l a t i o n  to  B.C.  and e m p l o y e e s t h a t a s h a k e - u p  would come a b o u t  injury  6,1973).  establishment of  and  Board  the  (BCFL).  message o f 1373,  structure  in particular  This resulted  administrative  changes  i n the appointment  of  Terry  I s o n , a l a w y e r by p r o f e s s i o n ,  other  a p p o i n t e e s as commissioners i n c l u d e d George Kowbel,  B.C.  Federation  specialist, of  of Labour  and T e r r y  B.C. F o l l o w i n g  changes  to  the  changes  made  occupational  (BCFL) O c c u p a t i o n a l  Watt,  Workers'  under  this  following  Compensation tripartite  Act.  body  payment  seventeen  government  resp«onded  implemented under law  appeal  concerted  recommendations  Other  the Workers' Compensation pension finger  on t h e  pensioner's Federation the  new  function  As in  called  changes  on  campaign  effect.  workers  disability  The  included  NDP  would  into  It-  Board Toronto  i n that  under  receive a l o s s of  a  account the  t o t h e p r e s e n t B.C.  and S a f e t y  both  of  (e.g.,  take  Thus, a c c o r d i n g Health  by  concessions.  a University  w o r k e r ) and would  legislation  key  p r o c e d u r e s , and  were s i g n i f i c a n t  of Labour's Occupational pension  make  policy  the Labour R e l a t i o n s  A c t o f 1917,  l o s s of a t r a d e .  to  i n the workplace, it-  to this  Weiner,  b a s i s of f u n c t i o n a l  by a c o n s t r u c t i o n  Council  three  a  lobbying  t o t h e p r e s s u r e by making  the chairmanship of Paul professor.  Safety  scheme.  a one y e a r  t h e code t r i b u n a l  The  included  t h e BCFL t o e n s u r e t h a t w o r k e r s h a d a v o i c e submitted  and  Ison p r o c e e d e d  d e a f n e s s , a r e v i e w o f t h e WCB  1975,  Health  former  p r e s i d e n t of the Employers*  h i s appointment Terry  r e v i s i o n s of the pension  In  a s c h a i r m a n o f t h e B o a r d . Two  loss  specialist, of  physical  and l o s s o f e a r n i n g s .  for  1975  government  the S o c i a l  following under  an  Credit  Party,  election  defeat  i t was swept of  the  t h e l e a d e r s h i p o f Dave B a r r e t t .  into  incumbent Led  by  power NDP Bill  Bennett,  the  Party's  the  economic  a  NDP's  NDP,  the  specific  policies  s u c h as  of  immediately  Labour,  Allen  actuarial an  of  employer  deficiency  As  the  i n the  quality  conflict  B.C.  by  the  power  conclusions  a d e f i c i e n t and  WCB.  and  an  23,1976). lack  of  And  the  of  that  and as  NDP  chapter  of  review  and  the  of  study  were  spender  - it  the  NDP Socred  criticized  efficiency  safety  by  pointing  introduced  life"  to  the  of  of its  Labour  B.C.  industrial proceeds  the  ahead  t o human  employee r e l a t i o n s i n  this  Minister  rejected accusations  having  t h i s b a c k g r o u n d of  WCB.  opposition  labour  "cost well  the  budget c o n t r o l  record and  as  of  the  $85.53 m i l l i o n a c t u a r i a l  Organised  service,  the  wasteful  policies  the  of  operational  biased  legislative  in  government, s u p p o r t e d  pro-employer  and  against  in  an  over  to  instance,  For  and  code g o v e r n i n g e m p l o y e r  is  as  The  employers f o r p u t t i n g  mismanagement  It  WCB.  itself  and  labour  April  successful  the  ordered  its  programs  organised  towards  benefit  in s o c i a l  sector.  to cut  strategy  attacked  committed  funds.  government and  quickly  Credit-  500).  reserve  the  Socreds  and  a f t e r h i s a p p o i n t m e n t as  WCB  WCB  expected,  Sun.  cutbacks  public  groups' concern  criticized  (The  the  Williams  a n a l y s i s of  indictment  echoed  1977 2  Social  election  waste  workers' compensation, the  g r o u p s , moved  1976,  and  S o c i a l C r e d i t , government  the  employer  the  Socred Party's  (Tennant,  p r i v a t i z a t i o n of  area  target- of  inefficiency  increased  In  The  control policies  the  few  became a major  election strategy.  stressed  Like  NDP  and to  political  examine  the  mobilization of bias at the W C B between 1972 and 19S7.  A. W C B Decisions and Precedents According to Bruce Elphistone, BCFL Occupational Health and Safety specialist, that  have  'coming  come  and  compensation  there are hundreds of claims and appeal cases before  going  the WCB,  rules.'  The fundamental  aegis  of  principle  the of  law is that if a person is injured at work, he or  she would receive coverage, he  under the  and if a worker is injured off work,  or she would be covered under other plans such as the B.C.  Medical Plan. Elphistone observes  that  under the 'going and coming rules,'  there are some notable exceptions. for  dependent  benefits  Compensation Board commissioners, a  was appealed  to  a 1973 the  back truck  when  claim  Workers'  chaired by Terry Ison and the  R.B. Carpenter  and George  Kowbel.  claim arising out of a fatal accident that occured  1972,  the claimant,  while  proceeding  two  This was in March,  on a direct route  to the yard where it was his responsibility to  return his  after a day's work, was struck by a passing motor vehicle  and injured. on  of B.C.  For instance,  foot  The accident occured  by an unmarked cross-walk  when he was crossing the road on his way from cashing a  pay-cheque at a bank along the return route.  At first, was denied injuries  the claim was not opposed by the employer, yet in the Claims Department on the  did not arise  employment. The decision  out of  and  in  grounds the  that the  course  was affirmed by the Board of  it  of  Review.  Thus, the c l a i m workmen's  r a i s e s a dilemma  t h a t h a s a l w a y s been  inherent i n  compensation: The d i f f i c u l t y , o f c o u r s e , i s t h a t t h e a c t i v i t i e s o f men a r e n o t n e a t l y d i v i s i b l e i n t o two c l e a r c a t e g o r i e s , t h e i r employment f u n c t i o n s and t h e i r p»ersonal l i v e s . There i s a broad area of i n t e r s e c t i o n and o v e r l a p between work and p e r s o n a l a f f a i r s , and somewhere i n t h a t b r o a d a r e a we must map t h e p e r i m e t e r o f workmen's p e r s o n a l c o m p e n s a t i o n . An i n c i d e n t a l i n t r u s i o n of p e r s o n a l a c t i v i t y i n t o t h e p r o c e s s of work w i l l n o t r e q u i r e a c l a i m , o t h e r w i s e v a l i d , t o be d e n i e d . F o r exampile, i t h a s l o n g been accepited that, compensation i s n o t l i m i t e d t o i n j u r i e s o c c u r r i n g i n the course of p r o d u c t i o n (W.C.B. o f B.C. R e p o r t e r S e r i e s , D e c i s i o n No. 2, J u n e 1973, 7 ) . i  Case # 1 - A boat The  former  attending  case of a t r u c k  to h i s personal  a precedent broad  employment  of  unwillingness  ignores single of  disallowing The  to ignore  i n an a c c i d e n t  between  extra-occupational an a p p a r e n t  in  (death  the  of  sets  circumstances.  personal  The  affairs  and  accepting the  or  Board's  factors in deciding  injustice  in that  h i s t o r y while  by r e a s o n o f b e i n g  course  while  t h e c o u r s e o f work  f o l l o w i n g case r e p r e s e n t s  under  employment)  as  the  a  Board  exploiting  a  the i n f l u e n c e a  basis  for  the claim.  d e c e a s e d was a f i s h e r m a n  a t a dock  during  w o r k e r ' s e n t i r e work  technicality  alcohol  The  illustrates  the  7  involved  becomes f o r t h e WCB a b a s i s f o r  claim.  It  affairs  intersection  often  a  claim.  driver  f o r many c a s e s f e a t u r i n g s i m i l a r  area  denying  accident  i n Vancouver.  employed on a b o a t  He r e t u r n e d  t h a t was t i e d up  to the boat a t approximately  midnight.  In D e c i s i o n  reasonablee board  10,  the  t o assume t h a t  the  vessel  from  Commissioners note that  somehow he  the  dock.  subsequent  blood  test  on  c o n t e n t of  0.27.  This  indicated  and  a considerable  take  care  ship The  of  impairment  himself.  to s l e e p  there  The  whether he  was  required  whether he  had  an  any  event,  following  on  grounds t h a t  c o u r s e of of  the  the  claim  on  the  course  of  gaining  treated  as  one  commissioners  has  reached  this  case,  from  the  as  that  the  of  they  by  captain  the  there  or  i n the  view  at  following  day.  significant before,  of  and  in  the  disallowance  no  an  of  disallowed  regard  to  dependency.  death o c c u r r i n g of  was,  purpose  with  was  or  in  the  employer  is  c o u r s e of  employment.  l e a s t where t h e  in  h i s employment were a c a u s e  of  on  what g r o u n d  d e c e a s e d was  dock-owner  where,  worker as  a method t h a t or  the  the  h i s employment and  cannot see  that  for  to  to board  t o have been  premises  and  h a z a r d s of  vessel  the  of  deceased  b o a r d i n g . He  a r i s e out  that  alcohol  intoxication  Review a f f i r m e d  injury  this  hazard area normal  which  out  A  it  They a l s o f e l t  the  drowning.  night  the  ship  i s said  allowances  an  the  the  to  the  think  t i m e of  B o a r d of  that  of  attempting  ship  the  of  seems  attempt  blood  level  capacity  death d i d not  uphold  significant  access to  the  access to  death. Therefore,  treated gain  the  the  same g r o u n d .  state  high  a  for sailing  to board  The  arising  The  the  the  dependents'  regulations  a the  claim  from  indicated  they d i d not  about  The  employment.  claims  WCB  day.  died  d e c e a s e d was  to board  attempting  work t h e the  of  that  option  He  body  in preparation  Commisioners s t a t e d  in  the  mismanaged t h e  it  it  probably  was  seeking  probably  intended  can  be to  different  (W.C.B.  of  B.C.  Reporter  An  Series, Decision  exemplary  points  c a s e of  went  ashore  drinking. board  returning  vessel  employers.  case.  In  by  so  method  that  fell  i n t o the  P r o v i n c i a l C o u r t of  the  arising  producing  It  was  of  and  him  that  the  until  at  not  basic  taking  purposes  contributory  negligence  has  to  was  been  as  a bar  retained  case, a  seaman  recreational  he  attempted  prohibited  an  In  that  but  a  his  s p i t e of  the  method the  not  the  accident  causative  sole  with  of  the  for  some  common  to a c l a i m .  i s prescribed  of  feature  of  behaviour. But  The  doctrine extent  in Section  6  Act: Where the i n j u r y i s a t t r i b u t a b l e s o l e l y to the s e r i o u s and w i l f u l m i s c o n d u c t of t h e workman, no c o m p e n s a t i o n s h a l l be p a y a b l e u n l e s s t h e i n j u r y r e s u l t s i n death or s e r i o u s or permanent d i s -  The  one  compensation law  not  hazards  himself.  workmen's the  cause.  h i s drunkenness d i d  culpable care  of  employment.  distinguishing  as  to  by  unsafe  decided  combined  which from  their  'must h a v e been drunk  reasonable  away  in  in  hold.  i t was  vessel;  for  instructive  i s s a i d t o h a v e been  that  regarded  was  bar  the  was  c o u r s e of  Therefore,  introduced  that  seaman  its effect  generally  was  but  former  hours  in using  deceased  two  intoxicated,  Appeal  i n the  death,  employment.  deceased  the  arriving  drunkenness  the  the  thought  time b e f o r e  his  out  disobedience  i n t o x i c a t i o n of  in  kill  the  has  Commissioners  the  a  d o i n g he  ship  access,  The  In  the  and  one  the  to  drunkenness  was  vs. Allan  r e f e r r e d t o by  fisherman  197:-:: 4 5 - 4 6 ) .  to spend a p p r o x i m a t e l y f o u r  On  the  the  10,  Robertson  t h a t have been  d e l i b e r a t i o n s on  No.  to of  of was of  which the  ablenient Apart  from  dependency  dealing  of those  benefits, that  (Ibid.: 46). with  (children  the Commissioners  the death  other  before  disclosure. from  arose  Such  recognize  o u t o f and i n t h e c o u r s e o f be p a i d  (ibid.: 48).  are said  This practice  d e a l i n g with  life  file  may c o n t a i n  a claimant's  t o have e n c o u n t e r e d  of w i t h h o l d i n g  which  to see a f i l e  her  to  t h a t a r i s e f r o m a number o f key  from  i s in his/her f i l e s  on f o r y e a r s . The r e a s o n  claimant  case,  cases  information  been g o i n g  concerns  t h e Board a r e those  t h e WCB.  claimant  with  why t h e WCB  important  file  resistance  the compensation a t the does  WCB  not  information pertaining to  and h e a l t h h a s n o t been c o n v i n c i n g l y p r o v i d e d . information p e r t a i n i n g to a  and may be u s e d f o r t h e p u r p o s e o f p u r s u i n g  has allow  h i s or Such  a  claimant's  or  appealing  t h e B o a r d o f Review o r t h e B o a r d o f C o m m i s s i o n e r s a  decision  t h e WCB.  Inaccessibility made  i t difficult  claimant's giving and  the  File Disclosure:  cases  of  as  r e s o l v e d t o do two t h i n g s :  of the fisherman  Among t h e s i g n i f i c a n t  a  such  and widow) c l a i m i n g e n t i t l e m e n t t o  work; and t h a t f u n e r a l b e n e f i t s s h o u l d  (i>  concerns  to  p h y s i c i a n or  information use  any  decisions  Review,  a less  in  evidence  specialists  claims a d j u d i c a t o r s , other  Boards of  appeals  to  claimant obtained  t o argue a case.  decision-making  constricted  t o c l a i m a n t s p r e s u m a b l y would and t h e p r e v a l e n c e  a  range  file from  has the  Moreover,  WCB  officers,  in  explaining  reduce the n e c e s s i t y f o r  of d i s g r u n t l e d c l a i m a n t s ,  in addition  to  generating  an o v e r d u e a t m o s p h e r e o f good  Apart  the employers, only  from  Compensation statute  seeks the counsel  job  is  made  and  has  been  violation  by  such  which,  officer,  a  representative's veil  as  of  secrecy has  draconian;  the  r e m a i n s one o f t h e  most  of t h e compensation  case  i s an example o f how t h e f u l l to  bear  upon  the  WCB  of t h e Workers' Compensation  i t  the claimant  of s e c t i o n 78(1)  labour  secrecy  If (with  scheme i n  this  v s WCB  brought  bureaucratic appeal  by t h e  by  1981).  represents a break-through files,  file.  union  the  The e f f e c t  organized  unfounded a s p e c t  C a s e #2 N a p o l i Napoli  difficult  file.  argument b e h i n d  p rov i n c e (BCFL,  The  i t follows that  unnecessarily  characterized  unjust  claimant's  o r r e p r e s e n t a t i o n of a l a b o u r  the claimant's  prevailing  a  Consultant,  are e n t i t l e d  and C o u n s e l l o r ) however,  or s o l i c i t o r ,  regarding been  investigate  t o the Consultant  caseworker  Compensation  C o u n s e l l o r , and E m p l o y e r s ' A d v i s o r  t o examine and  respect  the  will.  does  not  for  Act.  f o r workers' r i g h t imply  restrictions  total  w e i g h t o f t h e law i t s persistent  Although to access  access.  There  t h a t w o r k e r s must f a c e  i f r e j e c t e d by t h e B o a r d ,  this  can t a k e  case  their  own  are  some  in f i l i n g  an  months f o r t h e  commissioners or the c o u r t s to hear.  Since  t h e B.C. C o u r t  of appeals  Compensation  Board,  (1981),  entitled  to  disclosure  pursuing  or opposing  d e c i s i o n i n Napole v s . Workers  29 B.C.L.R. 3 7 1 , t h e  of the c l a i m f i l e  an a p p e a l .  for  worker  the  i s now  purpose  of  He o r s h e now h a s t h e r i g h t  to  know  the  evidence  therefore, and  has  to  an  on  which  the adverse  opportunity  determine  what  t o c o r r e c t any  evidence  clarification,  in order  a l s o has  to r e l e v a n t f i l e  access  to prepare  A Committee w i t h i n t h e WCB WCB's  disclosure of  appea1ab1e  dec i s i o n  (Workers would  claim  files is  Compensation  in order  Manager  - level  Review.  f a v o u r a b l e by organised  labour  removed  and  appealable  Some  a  of  but  by  not  given  is  made.  of  the; f i l e  Reporter  critics  type  an  and  changes i n  employers  after  an  is  appea1 410,  opportunity whether  free  access  to appeal is  more of  a  the  o r seek viewed  restrictions whether  This  review  t h e Ombudsman of B.C. all  an  f i1ed  1987).  to  recommendation  to see  the  include  a as  However,  eventually  there  is  an  than  prevents  when  29  and  if  been  example, the worker  an  appealable  is  decision  the worker from h a v i n g d i s c l o s u r e  o r when r e q u e s t i n g a r e c o n s i d e r a t i o n a s s e t  that  employer  committee's recommendations have  other  reconsidered  however,  The  changes  No.  as p r o b l e m a t i c . For  This policy  indicating  requires  not.  D e c i s i o n No.  be  like  former  disclosure  bef o r e  Decision  This  worker g i v e n  the  suggested  to d e c i d e  labour  would  d e c i s i o n or  interpreted  this  organised  or  appeal-  t o w o r k e r s and  g i v e t h e worker o r e m p l o y e r evidence  will  The  Reporter  and,  information,  lacking  f o r an  based  material.  made,  relevant  is  false  r e c e n t l y recommended  practice.  disclosure  d e c i s i o n was  Policy  there  Manual.  is  d e c i s i o n should  likely  to  reach  case  if  t h e new  reached. different  evidence  in  earlier decision  significant be  a  An  out  new The  evidence Board i s ,  conclusion was  in  unavailable  previously the  than  original  requirement evidence on  i f i t was  decision  that, either  decision,  opinion  to  In 306,  as  the medical  must  the o r i g i n a l  to the applicant  (Reporter Decision  t h a t e v i d e n c e be new,  those f i n d i n g s  Manual  available  Board's  i n the case of medical  findings  o r a new o p i n i o n b a s e d  from  those a t t h e time  by new m e d i c a l  thesignificance  9 ) . The  means,  be d i f f e r e n t  supported  No.  before  o f t h e same  of  f i n d i n g s o r a new findings  (Policy  108.11).  N a p o l i v s . Workers' Compensation t h e Supreme C o u r t  further  Board,  (1981),  27 B.C.L.R.  commented:  A p p a r e n t l y , t h e W.C.B. i s p r e p a r e d t o l e t everyone e l s e i n v o l v e d i n these proceedings examine t h e p e t i t i o n e r ' s f i l e e x c e p t t h e p e t i t i o n e r h i m s e l f . The c o m p e n s a t i o n c o n s u l t a n t h a s seen i t , c o u n s e l f o r t h e W.C.B. h a s seen i t , a n d now i t h a s been o f f e r e d t o me. B u t t h e W.C.B. s a y s t h a t u n d e r no c o n d i t i o n i s t h e p e t i t i o n e r t o have a l o o k a t i t . And y e t he i s t h e s u b j e c t o f i t s c o n t e n t s .  Reasonable  access  on r e q u e s t ,  i t i s argued,  i m p o r t a n t b e n e f i t s f o r t h e W.C.B. suspicion  and  a lack  and c l a i m a n t s .  that  f o r t h e W.C.B.  increased  u n d e r s t a n d i n g by c l a i m a n t s ;  r e l a t i o n s f o r t h e W.C.B.  promoting  There  reason  toward  improved  important  would a l s o be an  i t would p r o v i d e  positive  a s i t w o u l d be i n t h e  adjudication  g i v e n by t h e c o m m i t t e e on f i l e  breeds  report  vanguard  greater access to information f o r i n d i v i d u a l s ;  would c o n t r i b u t e  The  The Ombudsman's  and c l a i m a n t s .  some  Reasonable  r e a s o n a b l e a c c e s s on r e q u e s t w o u l d have some  benefits  public  have  Secrecy  of c o n f i d e n c e i n t h e system.  a c c e s s on r e q u e s t would c o u n t e r a c t t h i s . notes  would  and i t  (1981: 2 3 ) .  disclosure  for  not  disclosing time  files  would  departments  on r e q u e s t  unduly  reason  information  over  routine administration"  examine  m a t t e r s which  W.C.B.  should  be  discretion  files not  able  under  t o w o r k e r s upon to  do s o .  decision  there  or  seem  to  full  access  provide  and  thus  have  worth  the inconvenience  any  citizens to  copies  of  this  A c t (Canada). "Likewise, t h e  would c a u s e "  (ibid.).  problems  The W.C.B. h a s  the Act to provide  disclosure  request,  i s no p r e s s i n g  theoption  to  health  resolved  t o overcome any a d m i n i s t r a t i v e  and t h e r e  t h e worker  be an  individual's  I f d i s c l o s u r e were t o i n t e r f e r e w i t h  on t h e c l a i m ,  Board's  (ibid.:22).  to restrict an  the  may be i n a l l o w i n g  to thePrivacy  t h a t d i s c l o s u r e on r e q u e s t the  of  would  concern  information  pursuant  d i s c l o s u r e a t any  Government a p p e a r s t o have  difficulties  personal  information  however,  f o r t h e W.C.B.  i n c o m e . The F e d e r a l  administrative  "allowing  the a c t i v i t i e s  difficulty,  inadequate  and  hamper  in their  Administrative  i s that  could  of d e c i d i n g  of  or  be i n f o r m e d whether  (Ombudsman R e p o r t ,  claim reason  delay of  a  this  disclosure  was  1981:22-23).  ( i i ) C o n f 1 i c t o f Fun c t i on s The  Commissioners  administering provision the  safety  t h e Board  t h e WCB. T h e i r  of  accident  of  claims  and  rehabilitation,  fund, the enforcement  of  their  responsibilities  responsible  scope of r e s p o n s i b i l i t y  laws, and p o l i c y - m a k i n g  execution  are  of  policies  statutory  a s an a p p e l l a t e  the  includes the  management  occupational  tribunal  However,  of  h e a l t h and  t o g u i d e WCB s t a f f  mandate.  for  the  i n the Board's  on r e h a b i l i t a t i o n  and  claims Act has  decisions,  which  which  thefact  provides  decisions,  that  passing  t h e Board's  judgement  disallowed.  since  t h e Board with  f u n c t i o n s . The B o a r d  The  role often  t h e enactment of B i l l the authority  reconsider  1973, WCRB  h a s become a s o u r c e o f c o n f l i c t overrides  on an a p p e a l followng  to  130 i n  d e c i s i o n s o f t h e WCRB  f o r compensation  i sa classic  of by  i t originally  case of c o n f l i c t  between  f u n c t i o n s o f t h e B o a r d a n d t h e WCRB.  C a s e #3 N a p o l i The  v s . WCB  Napoli  resurfaces  enactment  considerable  According  of c o n f l i c t  to  by  controversy  i s said  theNapoli  Compensation  Board  to  among  case WCB  t h e Ombudsman's r e p o r t , s i n c e t h e  t h e W.C.B. h a s and  apply  (19815  of f u n c t i o n s  130 i n 1973 t h e p r o v i s i o n f o r  decisions  W.C.R.B. d e c i s i o n s  In  Workers'  thequestion  of B i l l  W.C.R.B.  criticism  vs.  on  Commissioners.  of  31 o f t h e  and r e f e r r a l s o f WCRB d e c i s i o n s under s e c t i o n S e c t i o n 96(2), been t h e f o c u s o f c o n t r o v e r s y and d e b a t e . This controversy  stems from  the  i n c l u d e a p p e a l s from S e c t i o n  criticisms with  equal  been and  force  reconsideration the focus debate. to  appeals  of The of  t o t h e Comrnisioners.  v s . Workers' Compensation  Board  c a s e t h e court-  observed ' I n s t e a d , t h e a p p e a l would be back t o t h e W.C.B. i t s e l f . Then, t h e C o m m i s s i o n e r s , a c t i n g a s t h e W.C.B., would h e a r an a p p e a l f r o m t h e b o a r d o f r e v i e w . The w o r k e r would be t h e o n l y o t h e r p a r t y t o t h e p r o c e e d i n g s . H i s o p p o s i t e number a t t h e b o a r d o f r e v i e w l e v e l , i . e . t h e W.C.B. would become h i s j u d g e on h i s a p p e a l . T h a t d o e s n o t seem t o make much s e n s e ( I b i d . 4 7 ) . The  W.C.B.  has  long  recognised  the c r i t i c i s m  o f i t s power  to  reconsider W . C . R . B . decisions and has m a d e attempts to meet that criticism. Reporter Decision 280 states the following: Since Decision No. 60, several arguments have been advanced against the Board's power and right to define the jurisdiction of the boards of review. In general, it has been suggested that to exercise such a power is to curtail the power of the board of review itself, either in fact or by giving the appearance that the Board controls what- purports to be an independent body. In short, by defining the jurisdiction the Board might well defeat the the purpose of the legislation establishing the appeals process. The alternative would be that the board of review could define its o w n jurisdiction and, in doing so, could assume power to make decisions in relation to certain Board functions which were clearly not intended when Section 76B was enacted. It might be contended that the board of review would have no reason to involve itself in decisions related to, for example, the Board's physical plant or personnel policies, would be precluded from doing so in any event by the wording of the Act, and would therefore prescribe its o w n 1 i ITI i t-5 (Ibid. 47-48 ) . The  W . C . B . went  o n to consider that  the  definition  of  the  jurisdiction of the boards of review was a reasonable exercise of the  W . C . B . ' s duty to define the limits of any process under Part  I of the Act. The  O m b u d s m a n Report notes that while the  expressed  concern  that  decisions  outside  its intended  example, concern i.e.,  concerning appears  that  responsibility  an independent  Commissioners have  W . C . R . B . might make  jurisdictional  W . C . B . personnel policies,  envelope, the  for  principal  to be that expressed in Reporter Decision 136,  the  Commissioners  to determine  are vested  claims policy and  with  the  to ensure  overall its  consistent application. That rationale was sometimes necessary to "modify" board of  review  decisions (ibid).  63  In  h i s r e p o r t , on t h e U.C.B., t h e Ombudsman  " w h i l e few would a r g u e t h e W.C.R.B.  that  the  final  W.C.B."  decision-making  He  believes  that  to  original  decision-maker.  in  provides  of  i s by l e a v i n g  cases  with  the  the original  decisions  of  i n the  i f t h e r e i s n o t an  actual  decision,  scheme  such  apprehension  o f W.C.R.B. d e c i s i o n s ,  a of  bias.  whether by way  (Ibid.:48).  Burden of Proof  Complaints that  t h a t o f t e n come b e f o r e t h e Ombudsman  r e q u i r e a c l a i m a n t t o p r o v i d e t h e W.C.B.  work-related  illness  or i n j u r y .  Workers' Compensation Report, can  appeal  Certainly,  to a l l reviews  or referral  and t h a t  i t i scontrary to the p r i n c i p l e s  the foundation f o r a reasonable  appeal  (iii)  in individual  v e s t t h e power t o r e v i e w  favour  This applies of  power  that  i t i s not convincing that  W.C.R.B. a d h e r e n c e t o p o l i c y  fairness  bias  t h e W.C.B. s h o u l d s e t p o l i c y  s h o u l d be bound t h e r e b y ,  t h e b e s t way t o e n s u r e  contends  t h e medical  prove  Board.  One s u c h  According  case  concern  cases  with proof  of  a  i s M r s . Hanney v s .  t o t h e Ombudsman's  Special  p r o f e s s i o n h a s l o n g r e c o g n i z e d t h a t back p a i n  t o be e x t r e m e l y  frustrating  f o r both  p a t i e n t s and t h e i r  physicians;  t h e p a i n c a n come t o d o m i n a t e a p a t i e n t ' s  l i f e , and  the  f o r t h e p a i n can o f t e n  The  reason  medical  treatment  available  elude  diagnosis.  cannot- a l w a y s g u a r a n t e e  best-  relief.  C a s e # 4 - Mrs Hanney v s . WCB The  M r s . Hanney c a s e  individual nurse  caught  i s d e s c r i b e d as a c l a s s i c a l  i n t h e above d i l e m m a .  f o r three years with  when s h e f e l l  while  lifting  no h i s t o r y  example o f an  She h a d been a p r a c t i c a l  o f back p r o b l e m s u n t i l 1975  a heavy p a t i e n t ,  suffering  a painful  and  s e v e r e back s p r a i n  to  have r e c e i v e d  to  work.  treatment  wage l o s s b e n e f i t s  During  as  a  this  x - r a y s and  t h a t would w a r r a n t for  i n the p r o c e s s .  period  the next year  as s h e was she  intervention.  c o u r s e , i n an  unable  received  myleograms d i d n o t  surgical  hairdressing  For  she  was  thereafter  she was  award. While and  no  the reason  rely  upon  that  her  pension  the  t h a t her  Mrs.  In 1976  she  registered  to  change  was  not s i g n i f i c a n t  that  request no  was for  she  without e i t h e r  own  physicians  genuine,  chose  an  to  indication  to  warrant  a  including relief  all  s e v e r e , and  or d i a g n o s i s  agreed,  related  surgery  however,  t o and  caused  1975. claim  has  has  been  been u n a b l e  t u r n e d down by  dispute existed. denied.  consistently  refused  to  provide  any  was  caused  the boards  a M e d i c a l Review P a n e l  was  pension  10).  treatments,  t h a t her d i s a b i l i t y  medical  Commisssioners  of  her  o b j e c t i v e proof she  Her  back p a i n was injury  still  1984:  severe  of her p a i n ,  the Board  enough  less  shortly  f o r a permanent  c o n c r e t e d i a g n o s i s as  Report,  so  and  q u e s t i o n e d the genuineness  any  to a  still  course,  the Board  y e a r s of d i f f e r e n t  problem.  work  grounds  that  l a c k of  Hanney was  Nonetheless,  1978  physician  impairment  her  by h e r  e x a m i n e d by  the  conservative condition  attempt  complete  return  any  f o r i t s o n s e t seemed o b v i o u s ,  several  1978,  for  to  (Ombudsman's S p e c i a l  After in  unable  to  was  reveal  s t r e n u o u s o c c u p a t i o n . U n f o r t u n a t e l y , t h e p a i n was that  she  was In  of  by  r e f u s e d on  1980,  her  the  conclusive,  that  review.  on  injury.  In the  appeal  1979,  In her  grounds to  the  Mrs.  Hanney h a s  required not  been u n a b l e t o p r o v i d e  by t h e B o a r d b e c a u s e c u r r e n t  able  to. give  a specific  Board's standards place to provide The  information  Ombudsman  prerequisites  medical  reason f o r  that  does n o t e x i s t  could  proposed  conclusive  proof  knowledge i s s i m p l y  her  her i n the impossible  has t h e r e f o r e that  the  pain.  Thus,  p o s i t i o n of  the  having  (Ibid.211).  t o the Board a sequence of  be c o n s i d e r e d  for application in  cases  such as M r s . Hanney's: 1.  The worker h a s s u f f e r e d a c o m p e n s a b l e work i n j u r y which a f f e c t s a p a r t o f t h e body n o t p r e v i o u s l y t h e c a u s e of complaints.  2.  T h e r e i s no e v i d e n c e o f a p r e - e x i s t i n g c o n d i t i o n , either psychological or p h y s i c a l , which accounts f o r the continuing condition.  3.  The c o n d i t i o n i s c o n t i n u o u s from time of i n j u r y i n t e r v e n i n g f a c t o r s account f o r i t .  and  no  (Ibid.:11-12). If a  a l l t h e s e f a c t o r s a r e met, t h e w o r k e r s h o u l d  pension.  Ombudsman 99  of  In has  situations recommended  with that  any  residual  be e l i g i b l e f o r ambiguity,  the Commissioners apply  t h e Workers' Compensation  A c t which  the  Section  reads as f o l l o w s :  The B o a r d i s n o t bound t o f o l l o w l e g a l p r e c e d e n t . I t s d e c i s i o n s h a l l be g i v e n a c c o r d i n g t o t h e m e r i t s and j u s t i c e o f t h e c a s e a n d , where t h e r e i s d o u b t on an i s s u e a n d t h e d i s p u t e d p o s s i b i l i t i e s a r e e v e n l y b a l a n c e d , t h e i s s u e s h a l l be r e s o l v e d i n a c c o r d a n c e w i t h t h e p o s s i b i l i t y which i s f a v o u r a b l e t o t h e worker ( I b i d . : 1 2 ) . However, agree with  t h e Ombudsman  felt  that  the  e i t h e r one o f h i s p r o p o s a l s .  merely  attempting  theirs.  He m e n t i o n s t h a t  Commissioners  They  argue  d i d not  that  he was  to s u b s t i t u t e h i s weighing of the evidence f o r by p l a c i n g an i m p o s s i b l e  burden  of proof  upon M r s .  Hanney,  the  Commissioners  claims.  Walter F l e t c h e r ,  i s quoted  as having  British  Columbia  said  as the Board's  WCB C h a i r m a n  that a decision  on M r s .  p o s i t i o n . The Ombudsman that,  former  jurisdiction,  was  not  a  would  disagree.  decision  on  the  her  1984 t o 1986,  o f t h e Supreme C o u r t o f the  Board's  In 1981 t h e C o u r t d e c i d e d  n o t t o award c o m p e n s a t i o n  and t h e c o u r t  decision  from  denying  Hanney's c a s e c o n f i r m e d  Hanney "was n o t a p e r v e r s e d e c i s i o n , " its  were u n j u s t l y  to  t h e B o a r d was a c t i n g  could  Mrs.  within  thus not i n t e r v e n e .  merits  of  Mrs.  This  Hanney's  claim  ( I b i d . :12-13> .  The  Ombudsman's S p e c i a l  Report  that  t h e r e a r e v e r y few g r o u n d s  Board  decision  reflection of  Mrs.  ought  of i t s l i m i t e d Hanney's c l a i m .  to aspire  having based  i s possible,  fair,  concludes with the o b s e r v a t i o n s upon which  and t h a t  the court's  jurisdiction The Ombudsman  c o r r e c t , and j u s t  refusing  to  decisions. appeal  of p e r v e r s i t y  implement a WCB  Review B o a r d which operates  like  unhappy w i t h WCB  than t h e  that, t h e  an  appeal  Board  such  as  merely  cases  1),  WCB  Compensation  c l a i m a n t has exhausted  i s independent  i sa  validity  not decisions  a consistent  Workers'  (see table  a  ( I b i d . : 13).  cases demonstrate  Once  at the  judgement  believes  decisions,  ( i v ) B.C. Supreme C o u r t r u l i n g s on WCB claims  rather  review of  to a higher standard i n i t s decisions,  on an a b s e n c e  Other  judicial  pattern  Review  a l l the  from  t h e WCB.  court f o r injured  r u l i n g s . As an i n d e p e n d e n t  Board  avenues  he o r s h e t u r n s t o  the  The Review workers  of  who  of W.C.  Board are  a p p e a l mechanism, t h e  Review  Board  worker  and  has  made a number o f r u l i n g s  unfavourable  t o t h e WCB.  favourable  In  the  responded  by s u s p e n d i n g  practice.  T h i s has prompted c l a i m a n t s t o launch a l e g a l  demanding several acted  compensation B.C.  challenges  Review  related  finding  of  Commissioners March  the board  further  WCB  Workers'  recent  In t h i s  forthwith  courtto  case,  of the  implement  appeal  overruled  d e c l a r e d t h a t even  g r a n t e d by t h e r e v i e w b o a r d  that  the  the Commissioners  i f a further  benefits  year  to  even  is  as t h e f o u r t h  the  by t h e worker o r t h e e m p l o y e r "  18,1988!). The j u d g e  the claimant ( I b i d . ) .  that  c a s e w h i c h won two a p p e a l s  decision  of  Among  the d e c i s i o n s .  the review board,  later  instance,  that:  obliges  i s taken  For  indicated  to h i s claims, yet  wrote  has  challenge  i t overturned  decisions.  r e f u s e d t o implement  law c l e a r l y  injuries.  when  i s t h e F r a n c o Guadagni  Supreme C o u r t j u d g e "The  Board  WCB  a p p e a l s , a 15 - y e a r o l d  r u l i n g s have  i t s jurisdiction  t h e Review B o a r d WCB  f o r workplace  Supreme C o u r t  outside  Compensation  the  payments p e n d i n g  turn,  to the  by  the  WCB  "will  This decision  r e p r e s e n t an i n d i c t m e n t  of  the  to the  (The Sun,  i f the board  commissioners, a l l remain  i s seen  i n a s e r i e s o f Supreme C o u r t  a  property"  by o r g a n i s e d  rulings WCB  the  labor  i n just- o v e r a  administration.  C a s e # 5 B a n k s v s WCB In  another  case,  a c o u r t c h a l l e n g e was made by l a w y e r  Lee on  b e h a l f o f Harmac M i l l  ankle  a t work on O c t o b e r  sprain  and e s t i m a t e d a temporary  days.  Following  worker B r i a n  28,  1987. total  d e l i b e r a t i o n s over  74  Judith  B a n k s , who i n j u r e d h i s  H i s doctor disability  had  diagnosed  of seven  t h e arguments of t h e  t o 14 case,  the  B.C.  Workers'  Supreme C o u r t J u s t i c e Compensation  payments p e n d i n g  Board  appeal.  Reginald Gibbs  practice  T h i s WCB  a decision  of the Commissioners  when  they r u l e d  that  of  suspension  of  administrative  there  was  Their  do  (The Sun.  to  11,  i t  indicates  paid  out  March 3 0 , 1 9 3 8 ) .  i n t o an u n r e a s o n a b l e  error  had t o exhaust- h i s a p p e a l s  Board  b e f o r e he c o u l d  ruled  otherwise.  Commissioners'  come b e f o r e t h e c o u r t , He  error  is  quoted  the fundamental  In  an e a r l i e r  the  WCB  originally injuries  but s i m i l a r  by  the 31,  received  that to the  but Just-ice said  "the very e v i l  Gibbs  that  the  they spoke o f ,  t h e r e b y t h w a r t i n g one  case  involving  the  WCB  c l a i m a n t i f an e m p l o y e r  board,  Joseph  $466,917  from  Kolman, the  WCB  policy  filed a  of  an a p p e a l  plumber  who  f o r work-related rolled  back  before  the  Supreme C o u r t . The b a s i s o f Mr. Kolman's c h a l l e n g e was  that  the Board's  B.C. the  review  suffered  law,"  by a r g u i n g  having  and e x p e n s e ,  But  p u r p o s e s of t h e A c t " ( I b i d . ) .  s u s p e n d i n g payments t o a to  as  brought about  namely, d e l a y , p r o c r a s t i n a t i o n of  responded  of  the  Banks,  that  i f the  The WBC  Brian  matter  "as a matter  J u s t i c e Reginald Gibbs r u l e d . claimant,  date  1973  on t h e  resolution  r e c o v e r i n g monies  a p p e a l was s u c c e s s f u l fell  could  the  benefit-  said  made December  a p p e a l , they  about  commissioners  is  t h e s t a t u t e was s i l e n t  practice."  concern  employer's "the  during  suspending  practice  from  since  of  overturned  internal  Commisioners W.C.  i n 1981 and 1982 and h a d t h e award auditors,  c h a l l e n g e d t h e WCB  had v i o l a t e d  t h e law by r e f u s i n g  to  Review B o a r d d e c i s i o n  i n h i s f a v o u r (The  Sun.  1387).  The  B.C.  Supreme C o u r t r u l e d  that  implement  the Board  October acted  outside  its  jurisdiction  Review d e c i s i o n and originally The  granted  created  ordered Mr.  implication  when t h e y  of  that  it  overturned  t h e WCB  pay  the  these  Supreme C o u r t  against  compensation  d e c i s i o n s have n o t  the poor q u a l i t y  workers' compensation  in t h i s province?  twenty  and  files  of  Kolman.  a public outcry  claim  back  Board  they  backpayments the  of  only  administering  have a f f e c t e d Board  has  over  had  to  implement.  E(.  P o l i c y O r i e n t a t i o n of t h e WCB t o w a r d Worker and A c c i d e n t / H e a l t h Hazard P r e v e n t i o n The  of  purpose  WCB  policy  prevention. applies are  of  this  i n the area  analysed,  and  and  problems  of  A d e s c r i p t i o n of  to occupational  injury)  section  disease  cases,  health  and  the  with  and  health  the Workers' Compensation  a distinction  associated  i s t o examine t h e o r i e n t a t i o n  worker s a f e t y  disease  occupational  Safety  along  with  i s provided.  establishing  s e c t i o n concludes  safety legislation  and  with  Act  i t s i m p a c t on  between o c c u p a t i o n a l  disease  hazard  a  in  look  services  in  at  workers  accident  After  cause  as i t  (or  examining  occupational occupational  other  European  countries. The  WCB  policy  accordance with Act is the as  on  s a f e t y and  the Workers' Compensation  defines occupational "...  any  an  disease  d i s e a s e mentioned  B o a r d by  health prevention  as  "industrial  i n S c h e d u l e B and  r e g u l a t i o n or otherwise  industrial  Act.  d i s e a s e , and  may  'disease'  i s defined  Section  1 of  disease", any  designate includes  disease or  in the which which  recognise disablement  resulting from exposure to contamination". report,  the  term  Subsequently, in this  occupational disease is used because  it has  broader implications. The term "industrial" has a narrower focus, usually not including  services, clerical work, salespersons, and  m a n y other blue- and white-collar employees. Section 6 (1) of the Workers' Compensation payments disease  of  compensation  is due  worker  was  first  is  to  There  be satisfied before a claim  the  second  where  in  for "the  which  the  are, therefore, two significant is  that the condition is classified as  disease", and  provides  for occupational disease  to the nature of any employment  employed".  requirements  Act  is that it must  accepted.  an  be  The  "occupational  caused  by  the  c1aimant's work. On  the other hand, Schedule B is a description of the process  or industry where the disease is contracted. the  The significance of  schedule is that it represents the only points in the  system  which  recognises  a work process or  causative of certain diseases. on the worker to prove industry.  cause  industry  In all other cases, or  association  of  as  legal being  the onus is disease  with  However the restrictive nature of the schedule and the  complicated  process  involved in claiming compensation explains  the meagre record of disability awards (Hardwick, 1980: 3!) .  There  are  therefore  satisfied  before  condition  is  a  two  significant  claim is accepted.  requirements The first is  classified as an "occupational  disease"  to  be  that  the  and  the  second is that it must be caused by the claimant's work. Schedule  B  (Appendix  determine list  1)  i s the f i r s t  i f the disease  of d i s e a s e s  see  in  Appendix  I cited  Therefore,  schedule  B  A c t , disease other  may a l s o be c o m p e n s a t e d  the  omission  necessarily  of  occupational  disease  Board  "industrial made  by  there  Reporter  No.  with  93,  Series,  Schedule  Series were  situations.  The  diseases  the  94,  B  does  No.  of  B.C.  One method  to  recognized second  in a particular  disease  by  t h i s method,  method case.  a l l claims Board's  Reporter  series,  which  Reporter B..  (W.C.B.  disease"  o f B.C.  of  in  for  B.C.  A c l a i m may be a c c e p t e d  i n which  differentiate  i t took  between  and  certain  to recognize  b u t t h e r e c o g n i t i o n does n o t  to  Series,  T h i s p r o c e d u r e was  i s f o r the Board  claim  are  126) by w h i c h b r o n c h i t i s  as " i n d u s t r i a l  the p a r t i c u l a r  i s a l s o important  1975:  an  the  94 CW.C  123  is  as  5) a l s o d e s c r i b e s a p r o c e d u r e  i n D e c i s i o n No.  128,  not  recognizes  i n t h i s way  4 ) . D e c i s i o n No.  1974:  in  diseases.  Board  According  recognized  93 (W.B.C.  1974:  disease  beyond  listed  i s payable.  u n d e r S c h e d u l e B.  that disease.  f o r example,  emphysema  It  from  f u r t h e r d i s e a s e s by t h i s method.  followed,  extend  those  Such a r e g u l a t i o n a p p l i e s t o  D e c i s i o n No.  recognizing  Reporter  than  than  to the  occupational  ways i n w h i c h  other  according  d e c i s i o n s i n t h e Workers' Compensation  in  Decision  two  disease".  were s e v e n t e e n  listed  disease  to  a s one can  t o adopt a r e g u l a t i o n s p e c i f y i n g a d i s e a s e  workers  published  a  as  mean t h a t no c o m p e n s a t i o n  There a r e b a s i c a l l y  the  above.  looks  d i s e a s e . However, t h e  i s not exhaustive,  Compensation  for  i s an o c c u p a t i o n a l  i n that schedule  Workers'  Thus,  p l a c e where one u s u a l l y  a  f o r any normally  place.  occupational  accident  (or  difference  is  occupational sudden  injury.)  u s u a l l y the accident  onset  seconds),  of  or  changes j o b s  prove  the  first  pneumoconiosis, caused few  by  which  the  caused  ammonia,  by  sulfur  Exceptions flash  and  exposure  general burns,  repetitive  (or  a result are  d e p e n d i n g on by  a contusion motion.  only  'latency that  a  if  T y p i c a l e x a m p l e s of hearing  few  period*  to him/her  the to the  losses,  E x a m p l e s of c a u s e d by  respiratory  m i n u t e s t o s e v e r a l h o u r s of  seconds,  sicknesses  disease, caused  as  last  OD's a  irritation  exposure . to  chlorine.  accident  grouping  last  lead poisoning.  rule  are,  both but  d i s e a s e . Thus, t h e r e  occupational  related  or  chemical  occupational  this  a few  some  e x p o s u r e s which  i t i s up  s o l v e n t s or  of few  i t means  onset,  exposure:  incident  s h o r t exposures are poisonings  to the  of  and  main  to a  noise-induced  hours' exposure to organic  cases  the  a second  sometimes  disease.  Farmers' Lung,  The  traumatic  r e f e r s to the  disease  are:  relatively  can  or d i s e a s e s  caused  OD's  a  of  i s f r o m p a r t s of  This  before  job  nature  in general  but  cancers  and  disease.  u s u a l l y c a u s e d by  1976).  some  type  are  years  worker  former  length  is  whereas QD's  (Ashford,  effect  occupational  (exposure time  weeks, months hours  and  of  i n j u r y ) and of  its origin:  However,  are  and in  as  welders'  caused  by  an  classified  as  an  clear distinction disease;  one  n a t u r a l development,  classified  (hit);  example,  which a r e  which i s no  for  has  "disease",  to  see  i n w h i c h work  occupational  "injury",  between  injury  or  i f tenosynovitis i s if i t is  t h i s example,  the  caused  by  length  of  exposure  i s p a r t of a second;  d a y s o r r weeks. for  a worker  In t h i s  to prove.  time,  developed  i n s t a n c e , some c a s e s  i t i s hours,  are said  t h e same .job f o r t e n y e a r s  tenosynovitis,  to  prove  c a u s e a s h e / s h e cannot-  the  j o b i f h e / s h e h a s been d o i n g  conditions  case,  t o be h a r d  F o r e x a m p l e , H a r d w i c k a r g u e s t h a t a worker  who h a s been p e r f o r m i n g that  i n the l a t t e r  will  find  and h a s ,  i t more  over  difficult  s a y h e / s h e was u n a c c u s t o m e d i t f o r t e n y e a r s . Thus t h e  which produce t h e d i s e a s e ,  pre-empt any  to very  claim  for  c ompen s a t- i on ( 1981 :5) .  Despite  this  Occupational biological  restriction  Diseases agents,  classification  which  with  pesticides, OD's  e t c . , which do  comparison  health  in Bill  t o B.C.,  took  70,  effect  the  occupational  Group,  1980).  legislation  Health  Health and  1982: 3 4 ) .  i t  is  dusts,  of compensated  (Malcolmson,  Sweden and i n F i n l a n d  Organization,  workcancers  concerning  1982). T h i s i s  and S a f e t y  and S a f e t y A c t ,  comprehensive  in  including  the beginning  quite  legislation  exposure  i n t h e p r o v i n c e from  The  Health  has  "The O c c u p a t i o n a l  Occupational  or  A c t , 1979, Z e n c , 1 9 8 0 , Z e n c ,  (Workers H e a l t h  1982,  is  used  n o t show up i n l i s t s  Ontario  only  chemical  b i s c h l o r o m e t h y l e t h e r , wood  (Malcolmson, Act  by p h y s i c a l , ,  stress,  and s a f e t y i n t h e work p l a c e  included which  by m e n t a l  chloride,  i n B.C. o r e l s e w h e r e  In  i t describes  t h e r e h a s been much d i s c u s s i o n o f  caused  vinyl  B,  i s the i n t e r n a t i o n a l l y  (Workers' Compensation  diseases  associated  Schedule  which a r e c a u s e d  1 9 7 5 ) . In r e c e n t y e a r s , related  to  Act",  of  1979 1978).  comparable  (Malcolmson,  1982,  The O n t a r i o A c t b r o u g h t  with World  together  h e a l t h and s a f e t y p r o v i s i o n s f r o m a v a r i e t y  of  statutes  and t h e n  administrative health  amalgamated  i t provided  occupational  health  managements'  participation  The  in spite  for  occupational  One  health (WHO)  health  policy,  concerning  one  OHS  not-  and s a f e t y cannot  in  any  and  medical  Health  Health  compensation criteria  activities  used  occupational  workers'  and  a t the work-place  considered  to  be  a  clear,  h e a l t h and s a f e t y i tis still  other  i f even  legislation  expect  policy,  not by  the  a  model  the  World  most  does n o t  Canadian  an  legislation  province  Guide,  recent  include  comprehensive  and H e a l t h  or  territory  1982).  legislation  regarding  medical  and p e r i o d i c a l ) o f w o r k e r s e x p o s e d t o  agents.  examinations  Ontario  also  in specific  as i s the case with  and S a f e t y  Guide,  A further  Thus  harmful  been p r o m u l g a t e d ,  WCB's  legislating  t h e above t h a t  (pre-employment  specific  concerning  be  Labour the  (see i n t r o d u c t i o n ) .  and S a s k a t c h e w a n have  examination some  i n these can  ( C a n a d i a n Employment S a f e t y Alberta  of  s e r v i c e s (OHS) a s d e f i n e d  c o n c l u d e from  occupational OHS  Act  by  o f i t s many i m p r o v e m e n t s ,  Organization can  Ministry  t h e framework o f p r e v e n t i v e  s t a t e m e n t of o c c u p a t i o n a l  but  Health  activities  Ontario  legislative  the  and r e g u l a t o r y f u n c t i o n s c o n c e r n i n g  and s a f e t y . A l s o ,  level.  in  Regulations  has  a  proposal  exposures, b u t i t has B.C.'s S e c t i o n  ( C a n a d i a n Employment  78  in  Safety  1982, W.C.B., 1 9 8 0 ) .  complication boards  in industrial  generally  do n o t  disease  publish  i n making d e c i s i o n s on i n d u s t r i a l  i tis difficult  to monitor  cases the  is  that  diagnostic  disease  claims.  c o n s i s t e n c i e s or i n c o n s i s t e n c i e s  in  c l a i m awards and t o p r e p a r e f u t u r e c a s e s .  Hardwick  (1981) f o r a r g u i n g  that quite  cited  by  r i g o r o u s u s e i s made  of  Schedule B i n t h e a d j u d i c a t i o n of i n d u s t r i a l add :i. t i on , he h a s a r gued  Ison  is  disease  claims.  In  th a t :  On any q u e s t i o n o f employment c a u s a t i o n , t h e r e a p p e a r s t o be a w i d e s p r e a d f e e l i n g i n t h e medical p r o f e s s i o n t h a t t h e absence of p i o s i t i v e data r e q u i r e s a negative assumption. Uncertainty about the cause of a d i s e a s e c a n , t h e r e f o r e , l e a d a u t o m a t i c a l l y t o t h e d e n i a l of a c l a i m w i t h o u t any i n t e r m e d i a t e r e f e r e n c e t o t h e e v i d e n t i a r y c r i t e r i a p r e s c r i b e d by law (Ibid.: 5). Apart  from Workers' Compensation  industrial  disease  statistics  As a m a t t e r o f p o l i c y , to provide which  two main  i s t h e main  according  to  Commissions the  the  and p r e v e n t i o n ,  prevention  and  legislation:  Environment  individual  i n B.C.  numerous  Royal  w h i c h have s t r e s s e d this  area  agencies  health work  WCB  are  and t h e M i n i s t r i e s  contribute  WC to  Act).  the  remains  which  are  the  government because  Labour,  These  various and  r e p l a c e m e n t and  health hazards  central  of  of  fragmentation  health p r a c t i c e , e.g.  e x a m i n a t i o n s and i d e n t i f y i n g places,  many  h e a l t h and s a f e t y  (McKenzie,  redundancy of o c c u p a t i o n a l periodic  i s t h e o t h e r . But-  despite  services,  involved i n occupational  government  and r e h a b i l i t a t i o n ,  which  p r o b l e m i n B.C. i s t h a t t h e r e  scattered  Health  claims  B o a r d i s known  (ibid.: 6).  A major agencies  namely,  on W o r k e r s ' C o m p e n s a t i o n of  i s no r e c o r d i n g o f  t h e Workers' Compensation  numerous p u b l i c r e p o r t s ,  importance  neglected  there  i n Canada.  services;  task,  claims  at  preventative  activities Front that,  of  the  OHS. international  in s o c i a l i s t  part  (statutory)  countries,  are  population,  i n c l u d i n g both  integrated into  Finland, France,  latter from  Act,  p r e v e n t i v e OHS 1978,  WHO,  Germany's A c t in  i n 1974  t h e OHS  prevention  of  l e s s an  at  the  recommended  in connection  of  and  primary  Soviet  OHS  with  i n these some  level  Italy, (The  and  these?  starting  i n 1980.  countries  are  there  in  1946),  Italy's  is  and  made  In  Finnish  legislation  diagnostic  t h e OHS  services).  in e f f e c t  in France,  ending  care  with  integral  the  Germany and  Acts  (except  although  activities  (in  treatment  1 9 7 8 ) . The  legislation  0D,s  mentioning  t h e w h o l e HS-system f o r t h e adult-  d i a g n o s t i c and  c o u n t r i e s i s q u i t e new  emphasis  worth  a r e more o r  the F e d e r a l Republic  comprehensive,  Occupational  OHS  i t is  of h e a l t h s e r v i c e s i n g e n e r a l  U n i o n , OHS  are  perspective,  The  on  the  treatment  possible  are provided  by  or  the  OH  personnel. C.  C r i t i q u e s of  t h e WCB  A major  critique  formulation  process  decision-making  of  the Board's  begins  movement  lost  since  political  power  i n 1975.  the q u a l i t y the  of  Social Four  the  (a) The f i r i n g I son. (b) The  gains  Credit  i n s t a n c e s of by  t h e WCB  of C a n a d i a n U n i o n s  in six a f f i l i a t e  policy  formulation  decision-making  with  services provided  Confederation  14000 w o r k e r s  the  and  that  government  and  policy  the  labour  came  into  this deterioration has  (CCU) ,  been which  recorded  a p p o i n t m e n t of  chairman  Terence  t h e management o f  by  represents  unions:  of f o r m e r WCB  in  consul-  t a n t f i r m o f P.S. R o s s t o r e v i e w the f i r m ' s e x p e r t i s e l i e s community, n o t a w o r k e r s *  t h e WCB -  with the business body.  ( c ) The h i r i n g o f a c t u a r i e s E c k l e r , Brown S e g a l Company L i m i t e d t o i n v e s t i g a t e WCB f i n a n c e , i n a d d i t i o n t o an o u t s i d e a c t u a r y a l r e a d y employed by t h e b o a r d , can o n l y mean one t h i n g - a w a s t e o f t a x - p a y e r s money. (d)  A riewpaper a d . f o r a new c h a i r m a n s o u g h t t o h i r e a b u s i n e s s e x e c u t i v e who c o u l d do good p u b l i c r e l a t i o n s work and would make c o s t - c u t t i n g a p r i o r i t y (Province, April  The the  I n t e r n a t i o n a l Woodworkers o f A m e r i c a condemnation  of the Socred  b e n t on d e s t r o y i n g  t h e WCB.  J a c k Munro a s p r e s i d e n t , to  t h e then  ten  months  pressure fired,  employer  minister,  i n a 40 - page b r i e f Allen Williams,  g r o u p s have prevention  in  groups l e d by  i t submitted  t h a t f o r t h e lastapplying  enough  programs s h e l v e d ,  people  board d e c i s i o n s reversed,  a l l f o r the sake of s a v i n g  the organised  1970s  to  under  the  (employers, WCB  stop  Labour,  complained  labour  an e r o s i o n  previous  been  and a "myriad of  few d o l l a r s "  NDP  campaign  other  (Province.  record  as  problems. the  that  B.C. there  that started  in  of workers' compensation government,  advocate groups,  administrative of  government and  joined  Nov.  1976) .  Since  the  noted  v a r i o u s employer  review  CIWA) l a t e r  The IWA, B.C.*s l a r g e s t u n i o n  t o have p r o g r e s s i v e  things, 30,  labour  2 3 , 1976> .  flawed  other  politicians, with  the  gains  interest  etc.)  serious  late made  groups  have condemned  structural  and  In numerous s u b m i s s i o n s t o t h e M i n i s t e r Federation  of  i s no c o n s i s t e n t ,  Labour direct  (B.C.F.L.)  has  access  the  to  Board  by  the  l a b o r movement.,  r e c o m m e n d a t i o n s can accountability,  be  fully  power  c o m m i s s i o n e r s , and  and  no  discussed  of  the  political  method  regarding  chairman,  interference  whereby such  the by  policy  concerns  role  of  the S o c i a l  as the  Credit-  government . ( i .") A c c o u n t a b i 1 i t y : The with  i s s u e of the  a c c o u n t a b i l i t y i s a t the  administration  Commissioners  are not  represent  their  there  no  is  supposed  who,  represent. is,  he  the  the  1).  labour  labour  The  can  be  movement w i t h  consultative  fully  how  way  the  and  discussed or  to j u s t i f y  Quest i o n s about  and  they  policy  the  changes  WCB can  commissioner set-up.  More  to the  Board policy  implemented"  authority  system.  are  labour  (BCFL,  c o n s u l t a t i v e process  decision-making  not  Therefore,  whereby  or meetings are o f t e n  predetermined  (a) A c c e s s t o worker  'labour'  method  do  movement  direct- access  no  ways.  the  labour  the p r e s e n t  the workers * compensation committees  they  which  'good'  t h a t the  ideas with  advisory no  so  of  interest.  communities  consistent,  movement,  variety  concerns  becomes submerged w i t h i n  formal  i s no  present  i n f l u e n c e over  used  she  labour's  principals,  i s a m i n o r i t y under  there  recommendations 1937:  or  exchange views or  importantly,  their  "Regardless  i s no  at the o u t s e t ,  by  c h o s e n by  of  in a  r e s p e c t i v e c o m m u n i t i e s of  o r g a n i z a t i o n . There regularly  the Board  a c c o u n t a b i l i t y to the  to  commissioner  of  core  The  leaves  or  results  ignored  and  real from are  (Ibid).  files  t h e a c c o u n t a b i l i t y of  t h e WCB  have been piosed  persistently evidence but  by  its critics.  to prove  that  to the employers.  the  issue  According  of  They a r g u e  t h e WCB  Among  that  there  is  ample  i s accountable n o t t o the workers  such  concerns  about  s e c r e c y s u r r o u n d i n g workers*  t o a C o n f e d e r a t i o n of Canadian  accountability i s  files  Unions,  at  the  WCB,,  B.C. C o u n c i l :  Who a r e t h e y s e c r e t f r o m ? Not f r o m t h e C l a i m s A d j u d i c a t o r who makes t h e c l a i m d e c i s i o n ; n o t f r o m t h e D i s a b i l i t y Award O f f i c e r who makes the pension d e c i s i o n ; not from the Medical A d v i c e ; n o t from the R e h a b i l i t a t i o n C o n s u l t a n t who h e l p s w o r k e r s r e h a b i l i t a t e t h e m s e l v e s ; n o t from the Commisioners i f the c l a i m i s r e f e r r e d or a p p e a l e d ; n o t f r o m t h e W o r k e r s ' A d v i s o r i f t h e worker s e e k s a d v i c e - t h e o n l y p e o p l e interested i n t h e f i l e who are denied directaccess to i t are union or l e g a l r e p r e s e n t a t i v e s £ 1980 , A p r i 1 9: 73 . This policy though  of denying  they  have  workers'  a legal  access to t h e i r  right- of a c c e s s ,  own  has  files,  even  recently  been  m o d i f i e d . A c c o r d i n g t o Blake W i l l i a m s of the M i n i s t r y Independent medical imply  complete  The  in  can now o b t a i n  Labour's  access  to  an a p p e a l a b l e d e c i s i o n . T h i s d o e s n o t worker  can  appeal  for  i n f ormat ion .  would  lead  i s associated to  the  and i n c o n s i s t e n c i e s on how  compiled.  These concerns  i s entitled  inflammatory of  range  t o compensation  processing a claim  access  worker  a c c e s s , b u t means that- a  disclosure  on who  a  s u b j e c t of d i s c l o s u r e  details are  Board,  i n f o r m a t i o n through  spec i f i c  such  Review  of  language, employers'  are arrived  with  exposure  the medical from  t h e WCB of  r e p o r t s of workers  i s not,  information  how  decisions  a t , t h e use of d e r o g a t o r y  e t c . Moreover, t o a worker's f i l e  the automatic has  that  embarrassing  confidential  and who  fear  been  right  and of  vigorously  challenged  by  organized  l a b o u r due  u s e d as a b a s i s t o t e r m i n a t e ( ii ! > Hea 1 t h and As  f a r as  and  and  has  the R e g u l a t i o n the  Regulation  Each  that set  particular to  workings, 17}.  administration,  also  and  and  the  For  example,  refused  public  on  claims,  jurisdictions. of  t o be  reviewed.  union  with  and  knowledge  (BCFL R e p o r t , "under  the  current  Advisory  Commissioners  1385:  removed  t h e S e c o n d D r a f t Amendments. amended r e g u l a t i o n s on  the  BCFL  report  Commissioners apparently totally  were  pressured  a p p e a s e t h e B.C.  opposed  to  by  which  reported  the S o c i a l  Credit  agriculture  the  (Ibid.). The  that  the  Cabinet  to  F e d e r a t i o n of A g r i c u l t u r e who  enforceable  WCB  Second  farmworkers.)  i s s u e which a f f e c t e d  1S~  They  was  newspapers  of  Committee  (This  cites  WCB  underground (  i n 1384."  important  The  subcommittees  D r a f t Amendments w h i c h went t o P u b l i c H e a r i n g s an  and  agriculture,  most r e c e n t R e g u l a t i o n s  t o p u b l i s h new  past  unions  subcommittees  t o a BCFL r e p o r t ,  from  holding  t h e r e were  underwater d i v i n g  Regulations  by  industry,  Safety s p e c i a l i s t s  WCB  Health  composed  of  a r e a where  from employers,  from o t h e r  became m e a n i n g l e s s when t h e WCB  Agricultural  be  Industrial  the R e g u l a t i o n s  regulations  according  i s the  briefs  was  composed  section.  blasting  But  process  was  develop  one  Committee, r e v i e w i n g  Committee  Health  test  receiving  f o r e a c h s e c t i o n of  subcommittee  up  and  relevant literature  Occupational  i t will  pension b e n e f i t s .  w h i c h were f o r m u l a t e d  Advisory  Advisory  established  concerned,  been p<ut t o t h e  soliciting  surveying  w o r k e r s ' j o b s and  r e g u l a t i o n s are  Safety Regulations  hearings,  fear that  Saf e t y Regu 1 a t i ons  these  accountability  to the  regulations.  were The  reaction  of t h e l a b o u r  Regulation  Advisory  participate Since labour  Committee  i n subsequent  t h e n , t h e WCB demands  farmworkers,  that  for  hazardous  industries  living This  of  whose  a Workplace  Federal  Control  1988,  provincial  president,  protection. 4, not  1 9 8 8 ) . He covered  domestic  improved  Materials Act,  workers  under  and of  at risk  to  others. the  from  most  exposure  the  since  comes in  Canadian "We  into e f f e c t  are  the e x c l u s i o n  At p r e s e n t , with F e d e r a l o n l y e n f o r c e a b l e on Crown  this April  in this province  are  laws.  restrictions  l a n d and n o t on  the s i g n i f i c a n c e of e x c l u d i n g  that  from  (The S u n .  of  Union  not s u r p r i s e d  excluded  in  with  Farmworkers'  t h a t farmworkers  t h e minimum wage  the  conjunction  boards. C a l l i n g  systematically  argued  under  i t ignores p e s t i c i d e s in  Ottawa  commented:  been  introduction  I n f o r m a t i o n Systems  by  compensation  machinery.  by a r e c e n t  happened t o us many t i m e s b e f o r e "  further  to  compensation  t o be one  system, which  developed  Sarwan B o a l ,  It  to refuse  t o meet- o r g a n i z e d  amputations from dangerous  computer  have  refused  considered  the  p r o p e r t i e s a r e known t o c a u s e c a n c e r , d e a t h  'outrageous',  farmworkers  and  from  (ibid.).  i n Canaida w i t h w o r k e r s  Pesticides  workers'  pesticides  is  h a s n o t been  was  1983)  comprehensive  fishermen,  Hazardous  t h e w o r k p l a c e . The October  i t extend  o r g a n i s m s , and situation  t o withdraw  review committees  instance,  to p e s t i c i d e s  ( O c t o b e r 14,  has p e r s i s t e n t l y  artists,  Farming,  to  r e p r e s e n t a t i v e s was  on  t h e u s e of private  pesticides  sector  farms,  p e s t i c i d e s means t h a t , u n l i k e o t h e r  industries, safety the  will  regulations.  WCB,  are  it  a new  being  not But  s e t of  be  regulated  according  reworked  along  with  with  Board,  argues  p e s t i c i d e s and  industry. Boal  who  safety  This  views the and  "This  new  health  issue  material  concern  can  the  agricultural  Claims Adjudication  claims  adjudication  decision-making  claims  and  encouraged  i n the  is  their  of  appeals.  any  as  a  public the  of  input.  independent only  a g r i c u l t u r e as president  proposed as  we  occupational stall.  have  Efoard any  research  time.  regulations should  rehabilitation, as  the  What  address  crucial  f u n c t i o n of  (i.e.,  have the  (Ombudsman R e p o r t .  and  who  are  are  to July  of  1987:  T y s o e R e p o r t on  the  t h e Ombudsman  committed  that  decreasing  quality  the  trained  acknowledging)  effect  first  in considering  " D e c i s i o n - m a k e r s who  (1966) i n t o t h e WCB,  leads  quality  the to  and  number greater-  35).  Public  Commission  report  draws  80,000  claims  t o be  adjudicated  upon  of  this  cone 1 u s i o n : With  an  Sarwal  a familiar  further,  deal  whole."  commitment  the  for  CFU  Board  new  i s perceived  acceptance  a quote from  on  quality decisions,  Increased  for  from  and R e h a b i l i t a t i o n  and  responsibility,  productivity"  Inquiry  high  the  studied  appeals s t r u c t u r e .  thorough,  Using  hearings  and  industry  level  to  be  the  and  regulations  changes w i l l  make a v a i l a b l e t o t h e  want i s a c t i o n now,  In  e c h o e d by  public  not  we  (iii)  was  hearing  proposed  health  pesticides  whole s u b j e c t  r e g u l a t i o n s by  need  t h a t we  the  a  WCB  announcement  representative  t h a t any  ignore  the  to a recent  guidelines regarding  However, Anna B r i s e b o i s , s t a f f Review  under  every  year, it would be foolish to supipose or expect that no errors would be made. Moreover, perfect justice in all cases is simply unattainable. Even the Courts, on occasion, make mistakes. The important thing, to m y mind, is that the practices and procedures of the Board should be such that there should be as little room as possible for arbitrariness to creep in or for decisions of the Board to be based on wrong or incomplete facts. As m u c h protection as can be given to assure that the rights of workmen and employers are not prejudiced, and that every claim is honestly and conscientiously viewed and considered, should be pi r ov i ded (Ibid.) . The  report points out that  decision-making  W . C . B . policies concerning  are set out in the  Policy  Manual  initial and  are  generally thoughtful and thorough. Although this policy exists in writing,  i t is not followed  complaints from claimants. and  practice  in practice  when dealing  with  There is a discrepancy between policy  at the W C B which reveals that  decision-makers do  not comply with the written policy. "It is difficult to ascertain the  reasons for  this  inconsistency.  issue of recruitment, training, real  control,  can all be factors  app1i c at i on of po1i c y" The has  however,  the  size of case loads, supervision,  or perceived pressures to reduce  quality  Certainly,  costs, leading  and ineffective to  inconsistent  (ibid.).  O m b u d s m a n report has identified areas where inconsistency arisen  between  policy and practice  in primary decision-  ma k i ng. (a) Taking the initiative W . C . B . policy regarding the responsibility of the  adjudicator  in taking the initiative is as follows: The correct approach is to examine the evidence to see whether it is sufficiently complete and reliable to arrive at a sound conclusion with  c on f i den consider and must ev i denc e It  is  the  'excellent*  opinion  of  t h e Ombudsman  that  policy,  i t  i s not being  implemented;  inconsistency  between p o l i c y  ( i ) Communication According adjudicator  c e. I f n o t , t h e ad j ud i c a t o r sh ou1d what o t h e r e v i d e n c e m i g h t be o b t a i n e d , take the i n i t i a t i v e i n seeking f u r t h e r . (Po 1 i c y Manua 1 : #97 . > «  during  and p r a c t i c e  i t i s the  t o communicate w i t h  making p r o c e s s  this  i s an  hence,  the  Cibid.:37).  the decision-making  t o t h e Ombudsman  while  process  responsibility  t h e worker d u r i n g  the  of  the  decision-  as f o l l o w s : . . . i f i n v e s t i g a t i o n i n d i c a t e s grounds of i n v a 1 i d i t y , t h e worker i s i n f o r m e d o f t h e d i f f i c u l t i e s i n p a y i n g t h e c l a i m , so t h a t he h a s an o p p o r t u n i t y t o r e s p o n d . ...the a d j u d i c a t o r d o e s n o t g r a n t f i n a l wage l o s s b e n e f i t s u n t i l t h e r e h a s been a d i s c u s s i o n w i t h t h e worker regarding this decision ( I b i d . : 37-38) .  Paul  Ueiler's  quoted a  1980 r e p o r t on w o r k e r s ' c o m p e n s a t i o n  f o r t h i s purpose because  claimant  claimant's  o f any d i f f i c u l t i e s help  in solving  i t suggests with  i n Ontario i s  t h a t t h e W.C.B  t h e c l a i m , and  enlist  tell the  the problems:  O t h e r w i s e , i f a c l a i m i s r e j e c t e d and t h e w o r k e r r e c e i v e s t h e B o a r d l e t t e r and l e a r n s o f t h e g r o u n d s t o make a g a i n s t t h e s e r e a s o n s , he i s a l m o s t s u r e t o a p p e a l a n d s u b j e c t e v e r y one t o a l e n g t h y and c o s t l y h e a r i n g p r o c e s s . How much b e t t e r t o g i v e t h e c l a i m a n t a c h a n c e t o make t h e s e p o i n t s b e f o r e he g e t s l o c k e d i n t o an a d v e r s a r i a l s t a n c e w i t h t h e B o a r d , t r y i n g t o r e v e r s e a judgment which h a s a l r e a d y been made ( i b i d . : 3 8 ) .  The  Ombudsman  report supports  a n a l y s i s of t h e b e n e f i t s of such policy  i s n o t always f o l l o w e d  both  WCB's p o l i c y  a policy.  in practice.  and W e i l e r ' s  "However, To be  again, the  certain  that  difficulties letter On  before  the  be  Council which  there are  are f i r s t  bleak  and  of  by  are  fraudulent. legitimate,  our  but  adjudicators"  obligations  longer  able  A the  (Ibid:  more  than  A t 29  years  recurring  For  the daily  B.C.  Provincial  with  although  future  WCB we  claims recognize or  even  the v a s t m a j o r i t y are not  only  mishandled BCPCC  their  by  records  the  WCB  point  to  homes b e c a u s e their  financial  jobs  suffer  many of  these  long a f t e r  injured the  are  workers,  compensable  no the  injury  SO).  claims adjudication i n j u s t i c e  Gordon Hayne,  age,  he  a 72  d i s a b l e d and fell  almost  year  partial  1944,  blindness,  o l d man  fighting  for  who  Hayne has  l i m p b e c a u s e h i s body  s i x t e e n to nineteen  injuries  s u f f e r e d i n the f a l l .  has  spent  compensation.  Pier.  Since  the  fall,  i s not  aligned.  legs  and  Since  the  d o c t o r s have t r a c e d h i s p r o b l e m s In  1946,  an  s u f f e r e d from e p i l e p s y ,  numbness i n h i s arms and  accident,  involves  t e n m e t r e s t o t h e deck of  at Vancouver's Balantyne  i n September 28,  a pronounced  almost  lost  last  his life  freighter  occuring  has  of  to  49).  had  in a  delayed  claimants, the  o r w o r k e r s p r o u d of  example of  half  many  or  p s y c h o l o g i c a l trauma b e c a u s e t h e y  s c a r s may  c a s e o f Mr.  armed  and  t o work.  classic  s e t out  claims denied  grossly  1983:  w e r e n ' t met;  depression  healed  been  w o r k e r s who  psychological  deal  experience,  have  severe  has  "We  be  (ibid.).  claims adjudicators,  (March  on  For  should  a l w a y s some c l a i m s t h a t a r e f r i v o l o u s  In  information  they  a number of  initiated.  Carpenters:  there  clear  uncertain. According  are denied  that  claim are  t h e d e c i s i o n becomes f i n a l "  the whole,  when t h e y can  with  he was  granted  $20  to per  month f o r t e n y e a r s f o r h i s l e g i n j u r y . B u t he h a s recognition injuries fatal  that  flaw  failed  of the  have d e p r i v e d  i n Hayne's c l a i m  to report  supporting  h i s head  doctors'  of  the accident  of  h i s witnesses"  delay the  disabilities  him o f a n a t u r a l i s that  injuries.  opinions  (The Sun. cost  working  the i n i t i a l The WCB  from  head  life.  "The  accident  refused  reports  to accept the  b e c a u s e t h e y were n o t a t t h e  and were r e l y i n g  o f Hayne's c l a i m  resulting  scene  on Hayne's own a c c o u n t o r  une 11,  1987).  Consequently,  him t h o u s a n d s o f  dollars,  that the  including  l o s s o f h i s home.  (ii) The  Structural Contradictions WCB,  highest and  crippling  f o u g h t on f o r  level  that  dispute. certain  according  96 But  and L i m i t a t i o n s  t o some news r e p o r t s ,  says that  o f b e n e f i t s o f any c o m p e n s a t i o n per cent a  o f a l l WCB  r e v i e w o f WCB  policies  c o n t r a d i c t i o n s . According 1.  claims  system  are and  to a report  i t pays the in  Canada,  accepted  without  statistics  reveals  on t h e WCB:  I f y o u h u r t b a d l y and want t h e WCB on y o u r s i d e , y o u ' r e b e t t e r o f f t o have a s e v e r e d hand t h a n a b a d b a c k .  2. S t a t i s t i c a l l y , w o r k e r s w i t h t h e most s e v e r e i n j u r i e s a r e most l i k e l y t o have t o f i g h t t h e WCB f o r b e n e f i t s . 3.  I f y o u ' v e been h u r t on t h e j o b and d o n ' t t h i n k y o u r c l a i m h a s been h a n d l e d p r o p e r l y , you c o u l d w a i t a s l o n g a s s i x y e a r s f o r an answer t o y o u r a p p e a l . And even i f y o u w i n , t h e WCB might, n o t comply w i t h t h e d e c i s i o n .  4. More w o r k e r s s a y t h e y a r e u s i n g short-term m e a s u r e s t o a v o i d d e a l i n g w i t h t h e WCB, s u c h a s d e p e n d i n g on p r i v a t e h e a l t h insurance companies or n e g o t i a t i n g d i s a b i l i t y agreements i n t o t h e i r c o n t r a c t s ( T h e S u n . J u l y 11, 1 9 8 7 ) .  These in  contradictions  i t s treatment of workers.  keep  assessment  increased the  rates  disability  the  WCB  was  compensation, better  f o r injury  Enforcement  relation  critics  ineffective  described  than  information  t h e WCB  instance, as  oriented  preventive  reported  (1931:  in  penalty to  t h e Annual  class provide  issued  and  when  decreased  t h e y would t o sue  be  their  reports,  According  and  While  to  are  problems Hardwick,  of t h e Board  i s incomplete,  Report.  a  Citing the Annual  assessments  argues that  there  (see by  to various  r e c e n t Annual  regulatory Reports  breakdown o f i n f o r m a t i o n ,  1976 Report  Appendix class  i s no  closures, prosecutions,  with reference  subclass.  inspectors  " f i x i t " type  points out that  penalty  1 0 ) . Hardwick  a detailed  regulations,  a r e a i s v e r y poor  costs f o r a l l industries  provide  how many o r d e r s ,  have been  of  and s a f e t y  towards  activities  total  subclass  gave-up  13,1937.").  prevention  measures.  provides  fails  light  and f r e e  in this  accident  by t h e IWA, H a r d w i c k  but  board,  of h e a l t h  record  submission  2),  from  t h e s e r e g u l a t i o n s a r e t o o vague and g e n e r a l l y  on e n f o r c e m e n t  crudely  in  on t h e j o b ( T h e S u n . June  by c r i t i c s  rather  and  that  For  demand f o r  although the workers  1917,  to  o f H e a l t h and S a f e t y R e g u l a t i o n s  because  formulated.  workers*  a r e now c o n v i n c e d t h a t  t o the enforcement  argue  pressure  no m a t t e r how n e g l i g e n t ,  o f f without a compensation  employers  (iii)  in  some w o r k e r s  structure  According t o a spokesperson  employer,  established  employer  to limit  L a b o u r e r s * Membership S e r v i c e , t o sue t h e i r  upon t h e WCB  It reflects  benefits.  right  of  negatively  down and  the  In  reflect  or  indication assessments b r e a c h e s by  are  said  to  " t h e magnitude  of  average  penalty  minimal  fines  farcical,  w h i c h make t h e whole  or a t l e a s t ,  Again,  the  characterized preventive The  a s s e s s m e n t s have n o t c h a n g e d .  WCB  irrelevant  along  by c r i t i c s approach  B.C. C o u n c i l  of the Confederation  Health  and S a f e t y  since  1976 ( 1 9 8 1 :  study  of  in  each  record  Regulations,  i n d u s t r y , concluded  Construction  14.7  B.C.  that:  h a s 3.9 f a t a l i t i e s  health  Labour rather  a  safety.  Industry 1977  steadily  Advisory  through  Council  1979, and  p e r 10,000 man-years  worked  by f a r , l o g g i n g h a s t h e worst-  per  10,000, man-years  p e r 10,000,  still  worked.  considerably  r a t e o f 2.4 p e r 10,000.  Worker F a t a l i t i e s P e r 10,000 Man-Years Worked (1977 - 1979.') Industry  Logging Pulp  are  than  and  which has d e t e r i o r a t e d  covering  fatalities  above t h e a l l - i n d u s t r y  of  o f C a n a d i a n U n i o n s h a s been  A Construction  industries  system  l a x enforcement of t h e I n d u s t r i a l  t h e number o f f a t a l i t i e s  with  Ministry  occupational  c r i t i c a l o f t h e Efoard's  calculating  the  these  (Ibid.:ll).  a s embodying a r e a c t i v e , to  2).  assessment  to industry"  with  sharply  B.C.  penalty  And i t i s  and P a p e r  14.7 2.3  S a w m i l l s and Wood Mfg  1.9  Mining  4.4  Con s t r uc t i on  3 .9  All  2.4  I n d u s t r i e s C o v e r e d by WCB  (Source;  Consequently, industrial 3),  "...direct written the  workers' compensation  d i s e a s e s have s t e a d i l y  t h e B.C.  Confederation  relationship  by o f f i c e r s  corresponding  the  C.I.A.C., A p r i l  decreasing  claims  risen.  for  Using  between  d e c r e a s i n g numbers  increasing injury  rate"  (1381:  morale.  A  from  i n the enforcement of I n d u s t r i a l  claims  recent  claims  that,  increased staff of what  "there  department,  i s plagued  staff  memorandum  signed  t o WCB  chairman  i s evidenced  and s t a f f  proportions" advocate  a  (The  groups  Paterson :  "This  that  board  the  t o have  Your  morale,  and  adjudication  t h a t t h e g o a l s and o b j e c t i v e s  problem  November  According  i s the f i r s t staff  claims  problems i n t h e  is  now  19,1987).  reaching The  was one o f s u r p r i s e and s u p p o r t  adjudicators'concerns.  staff  We a r e o f t h e unanimous o p i n i o n  chronic Sun.  48  i s said  decreased  turnover...  concerns  a r e n o t met.  been  Jim Nielsen  by  by p o o r by  currently are significant  t h e r e f o r e , has grave  has  a u t h o r i t y on  1985: 2 5 ) .  department  as  frustration  the board  H e a l t h and  problems  a d j u d i c a t o r s and s e n t reported  orders  2.'). A p a r t  and s a f e t y i s s u e s (BCFL R e p o r t .  the  of  isa  and  health  Internally,  (Appendix  violations  R e g u l a t i o n s , workers lack the decision-making  Internal staff  and  of Unions p o i n t s o u t t h a t t h e r e  Safety  (iv)  injuries  a graph  of t h e Board f o r r e g u l a t i o n  trend  1382: 13.)  time  are starting  t o compensation  that crisis  reaction  of  f o r the  claims  lawyer  Craig  t h e r e h a s been any i n d i c a t i o n to s i t  down  and  illustrate  concerns over WCB  the  work t h e y a r e  E m p l o y e e s * U n i o n has  in  the  f a c e of  disassociating the  press to  "work  load,  the  adjudicate,  WCB  the and  complexity  burn-out"  of  injured  s t r u c t u r e of  under  94  assist  injured It  year,  of  the  the  province.  reflects  a definite  and  who  l a c k s of  over  increase  the  to  Branshaw  l a c k of  time  as to  i t s share  Workers' A d v i s e r s  delivery  Act  of  to the  to p r o v i d e  that  confirmed  i n the  an  by  Sara  interview  number of  r e s o l u t i o n of  falls under and  of  the  i n the  lastfrom  Daniells,  that  calls  complain their  to  advice  policies  WCB  its  services which  the  a  figure  received about  claims  of of  for  is established  b e n e f i t s and  c o n c e r n w o r k e r s who i n the  received  Consumer S e r v i c e s  Services,  argued during  progress  leaks  17,000 i n q u i r i e s were r e c e i v e d  T h i s was  These c a l l s  the  from  i s s u e s such  Workers' A d v i s e r s ,  in i t s submission  Advisor  office.  the  workers about the  Workers'  her  and  effective  Advisory  a h e a v y volume of  across  as  Workers' Compensation  reported  other  claims,  W.C.B. has  Labour  O f f i c e of  Compensation  Section  WCB.  l e v e l s and  David  the  passive  Apart  information  i t s president  the  the  a c c o u n t a b i l i t y and  the  too  service"(ibid.).  from advocate groups such  w o r k e r s . The  said that  (ibid).  p r o v i n c i a l M i n i s t r y of  lack  of  He  q u i e t and  Employees Union from  inadequate s t a f f i n g  present  criticism the  a d e t e r i o r a t i o n of the  (Ibid.).  a l w a y s been " t o o  about these problems,  points  The  doing"  by  delay  by  the  indicates  that  WCB .  According there  has  to  Daniells,  the  following  been a s u b s t a n t i a l i n c r e a s e  table  i n the  number of  workers  who  have c a l l e d  received  her  office  for advice, including  those  a s s i s t a n c e f o r r e p r e s e n t a t i o n a t the Board  y2lli§£s^ A d v i s o r y S t a t i s t i c a l  Summary of  have  i n 1985/1386:  Activities  Incomirig c a l l s New  who  15,581  enqui r i e s  2,645  O n - g o i n g a d v i c e and  assistance  C a r r i e d over New F i l e s Re-opened  519 249 98  Total  866  Rep r e s e n t a t i on s Review B o a r d h e a r i n g s a t t e n d e d Review B o a r d s u b m i s s i o n s Commissioners submissions WCB s u b m i s s i o n s  20 61 53 78  Total  212 ( S o u r c e : A n n u a l R e p o r t 1985/86, M i n i s t r y of L a b o u r ) .  Thus, Workers' WCB of to  Daniels  reaffirms  Advisory* submission  the that  does not adequately ensure a l l parties affected deal with  many i n j u r e d (b) The The  t h e complex  power of  on  the  the p r e s e n t s t r u c t u r e of  the  the compensation and  diverse  and  participation  system.  I t i s unable  issues presently  affecting  the Chairman the chairman  the a d m i n i s t r a t i o n  authority  by  the p r o t e c t i o n  reached  wor ke r s .  Power o f  persistently  by  conclusion  argued  of  has  t h e WCB.  that  been a s o u r c e of  The  BC  Federation  t h e A c t , S e c t i o n 85  the c h a i r p e r s o n .  The  controversy of  Labour  in has  (3) b e s t o w s t o o much  BCFL m a i n t a i n s t h a t  "we  have  experienced Flesher, been of  public  years  any  (.January,  Among  other  and  of  have  concerns  raised  ascribed  themselves  to  commissioners,  and  commissioners  with  The the  them f r o m  ability  of  defined  of  the  Committee's Regulations, (January,  never  become  t h e WCB,  nor  do  workplace  injuries  or  disease  t h e BCFL  i s t h e wide  they  lack  arriving  of to  at  to  the  t h a t managers  on  industrial  of  the  the  part  conditions  policy  of  detriment  detriment  experience  informed  scope  t o the  increased r e s p o n s i b i l i t y  respect  i n t e r f e r e n c e of  t h e WCB  the Board  interference  The  the  has to  i n t h e Workers*  "(s)ince  These  decisions  of  which (Ibid.).  Interference  political  affairs  hands  managers.  which  responsibility  the  Political  policies  i n the  c l i e n t s of  by  commissioners,  prevents  placed  have  2) .  c h a i r p e r s o n ' s a u t h o r i t y and the  Walter  responsibility  administrative  known t o t h e  understanding  1987:  Chairperson  t h e c o m m i s s i o n e r s and  procedures  knowledge o r  with  i n w h i c h a u t h o r i t y and  away f r o m  develop  exhibit,  (c)  past  chairperson's appointed  managers  the  the  a situation  shifted the  of  during  firing by  the  1987:  political  Compensation of  Board  Credit  undermined p u b l i c  independently  the C a b i n e t  amendments  the S o c i a l  confidence  fulfill  its  Act. According  Chairperson i n 1984  government i n  Art  to the  Industrial  Health  has  been  i n f l u e n c e d by  the  and  as  BCFL,  and  i n the R e g u l a t i o n  the  the  mandate  Gibbons,  to  in  the  Advisory Safety  government"  3). i n t e r f e r e n c e of  the S o c i a l  Credit  government  in  the  appointment  of  commissioners  the a l l e g e d  t o t h e WCB  contrary  to  Currently,  c o m m i s s i o n e r s do n o t have  Etppointed  on  the  expertise.  basis  There  is  qualifications.  One  the  appointment  of  the  chairmanship  government  no  official  private  in late  patronage  a p p o i n t m e n t of J i m N i e l s o n  appointment which  has,  commissioners  1984  hiring  a c h a i r m a n on  like  a  labor,  the  recent  decision  of  a p p r o x i m a t e l y $99.3  million  infuriated  labour.  Research  organised and  Legislation  motivated.  "The  particular  ideology,  of  l a b o u r on  WCB  i t s staff.  is even  the  legal  basis,  and  of  to  the  rebate  with changed  BCFL, the  WCB also WCE-i  employers credit  BCFL D i r e c t o r as  dominated  who  100  has  treats  sees t h i s development  By g i v i n g  appointment  institution.  Gene E r r i n g t o n ,  though  academic  f e a t u r e of  asssessment s u r p l u s as  by  first  (i.e.,  t h e WCB),  a public  WCB  the  the  procedures  government  i n s u r a n c e company r a t h e r  Craig  accustomed  precedent that the  Credit  to  to  political  b i a s became t h e d o m i n a n t  Social  involves  This  t h e b a s i s of  John W e i r ,  than  litigation,  WCB.  management and  are  of H e a l t h  According  the  tripartite  and p r o c e d u r e s .  that  a minute  A  on  be  determine  patronage  a s c h a i r m a n was  of  constitutional be  rather to  i n WCB  argues, contradicted  as e m p l o y e r  policy  maintains  lawyer s p e c i a l i z i n g  he  r e p r e s e n t a t i v e s from since  1986.  the h i s t o r y  b a c k g r o u n d . The WCB of  guide  in  i s to appoint  to  neutrality.  a former M i n i s t e r  a  appointment  of  patronage  s u c h example of p o l i t i c a l  of t h e WCB  said  i n d e p e n d e n t t e n u r e . They  political  Pater-son ,  such  policy  of  Jim N i e l s o n ,  is  people  you have a few  has of  politically support  a  representatives  t h i s money back, t o  employers,  t h e WCB part  i s catering to constituency  o f t h e $262 m i l l i o n  argue  that  i t comes f r o m  stalling  claims,  pension  payments,  down,  Board, diseased  This credit  and l a b o u r  denying  claims e a r l y , reducing  claimants t h e BCFL  until  c l a i m s and they  launched  w o r k e r s whose c l a i m s  are s t i l l  and  t h e v a l u e of scaling  them  g i v e up on t h e a p p e a l  legal  t h a t t h e money r i g h t f u l l y  is  representatives  t h e Board's p r a c t i c e of  reassessing settled  In r e s p o n s e , arguing  surplus,  terminating  and f r u s t r a t i n g  process.  WCB  and f r i e n d s . "  action against the  b e l o n g s t o i n j u r e d and  being  delayed.  ( e ) Ombudsman's S t u d y o f t h e WCB Under  t h e Workers Compensation  mandate  to ensure balance,  representation suggests "Our  A c t t h e WCB  compromise,  i s e n t r u s t e d with  and due p r o c e s s  o f a wide a r r a y o f i n t e r e s t s ,  the  opposite.  experience  An Ombudsman  h a s been  study  t h a t 6 6 % of t h e  r e c e i v e d by t h e Ombudsman's o f f i c e  considered  internally  appeal.  office  as  an  n o t i c e of appeal  advice  significant  rights  widespread d i s q u i e t with 3).  The l o n g d e l a y s  not  receiving  The  fair  and p r o c e d u r e s  three years  within  compensation  to the  of the  suggests  within  the process  Ombudsman inadequate  the system,  suggests  been  system  and  t h e e f f e c t i v e n e s s of t h e p r o c e s s "  a  (1987:  that workers a r e  and a d e q u a t e r e p r e s e n t a t i o n .  new Ombudsman o f B.C.,  Fr-iedmann  involvement  and r e f e r e n c e a g e n c y  that:  have n o t y e t  and t h e r e f o r e r e f e r r e d back  T h i s very  study  revealed  workers'  complaints  for  in i t s  but a recent has  a  Steven  Owen,  who  replaced  ago,  d e a l s with  two f a i r n e s s i s s u e s  e f f e c t i v e n e s s of the claims  and a p p e a l  system  101  i n reaching  Karl - the  correct  and  a c c e p t a b l e d e c i s i o n s w i t h i n a r e a s o n a b l e p e r i o d of time  the a c c o u n t a b i l i t y  of the system  interests  of l i f e ,  (Ombudsman  News R e l e a s e . -July 2,  In  health,  and a p p e a l  decision-making appeal  process  heard.  to  experiences  go  the  almost  disabling  injury  assailant  i n 1972.  Coulton's  performing .murdered  a a  Faced  case,  young Board  as having  the road, t e l l  i s d e s c r i b e d by  the  i n having  routes  proved  the  finally  agreed  from  that:  Coulton  t h a t he after  an  had  but  who  had  suffered  a an  i n f a v o u r of  wounded  assailant  WCB-controlled  to  procedures  a g u n - s h o t by  was  to  (1987:62).  while  who  Criminal  had  Injury  to a settlement that increased  $1,200 t o $2,000, i n c l u d i n g January  and w a i t and w a i t  a lump  27, 1987). C o u l t o n  - and t h e n ,  i s denied"  Thus, because of the t r e a d m i l l ,  appeal  i s said  and m e a n i n g l e s s  " I t was f r u s t r a t i n g  appeal  an  available,  with overwhelming evidence  a c t of g o i n g  you y o u r  its  cord f o l l o w i n g  woman,  said  would make y o u w a i t  Mr.  of i t s  whether  - the appealant  appeal  years.  some payment o f $25,000 ( T h e S u n . noted  system  about  a p p e a l s and r e - a p p e a l s ,  which  compensation  doubts  involves Richard Coulton  to h i s spinal  heroic  Compensation monthly  six  stake  o f t h e UICB  and q u e s t i o n s t h e q u a l i t y  as a ' t r e a d m i l l * through  are at  is critical  protracted delays  of f r u s t r a t i n g  lasted  Mr.  ombudsman  the p r o c e s s as f r u s t r a t i n g  face a series  his  from  fundamental  1987).  The a p p e a l  example o f a t r e a d m i l l  that  and l i v e l i h o o d  and e x p r e s s e s  is fair.  Referred to  continue  system  process,  Ombudsman a s s u f f e r i n g  One  safety  h i s r e p o r t , the p r o v i n c i a l  administration  t o i n d i v i d u a l s whose  and -  as  heck.  is  They  10 months down  (Ibid).  many w o r k e r s a r e m i s t r u s t f u l o f  the he  process,  so  they  turn  o r s h e may c o m p l a i n  investigation  to theo f f i c e  may be u n d e r t a k e n ,  e l a p s e d , and e v i d e n c e of  the claim,  available  or  memories  They  appeals  Delay  consideration  conflict  a n d ; l a c k o f an o r a l  to  i s no  they  three areas  of  of  Owen,  there  This delay  decided  i s both  t o be l o n g e r  delay  were"  i n which t h e  i m p l e m e n t e d by t h e  functions;  is  significant  delay  in  i s added t o an 18 - 20  in  months  in deciding  i n d e c i d i n g S e c t i o n 91 a p p e a l s .  w o r k e r s have t o f a c e b e f o r e lengthy  delay  o f WCRB d e c i s i o n s - an  t o r e c e i v e a f a v o u r a b l e WCRB d e c i s i o n . The d e l a y  extent  once  Appeals  a v e r a g e o f s i x months.  i ssaid  longer  hearing.  o f S e c t i o n 96 ( 2 ) r e f e r r a l s  appeals  have  available a t the  sought, as  years  J u l y 2, 1 9 8 7 ) .  include  i n Deciding  According  wait  h a d i t been  o f t h e WCB h a s n o t been s u c c e s s f u l l y  deciding (i)  b u t by t h a t t i m e ,  Ombudsman's r e p o r t h a s i d e n t i f i e d  Commissioners.  sometime,  o f t h e Ombudsman o r MLA. An  a r e n o t as f r e s h  (Ombudsman News R e l e a s e .  mandate  "After  which may have been e a s i l y  beginning  The  t o t h e Ombudsman-  an a p p e a l  The  c a n be  a n d cumbersome.  As o f December 1986, t h e a v e r a g e t i m e f r o m the r e c e i p t of a n o t i c e of appeal t o t h e r e n d e r i n g o f a d e c i s i o n a f t e r i s 20.S months outside o f t h e Lower M a i n l a n d of B r i t i s h C o l u m b i a . A worker o r employer h a s t h e o p t i o n of electing a r e a l and review appeal , i n which t h e WCRB makes a f i n d i n g strictly on the basis of w r i t t e n s u b m i s s i o n s - However t h a t o p t i o n s t i l l i n v o l v e s a d e l a y o f 10.6 months f o r t h e WCRB t o i s s u e a s a f i n d i n g ( i b i d . :15).  In  the event  forced  to  rely  themselves without and  of  such  on  a  lengthy  disability  throughout  to  qualify  assets,  says  f o r that  they  from  t h e Ombudsman's r e p o r t m a i n t a i n s on  a p p e a l s b e c a u s e "memories  evidence 18).  at  The  Commissioner's continuity  delays  attempt  have  in trying  t h e economic  a t W.C.R.B.  functions"  (ii)  Lack  Since policy there or  the is  policy  witness,  "seem t o  effect  Thus  file"  in  appeal  the  income fight".  the commissioners  a d m i n i s t r a t i v e and  oral  (ibid..  undermine  interest  i n an e f f e c t i v e  number o f o r a l  i s to hold  D e c i s i o n No.  are  adjudicative  to  oral  hearings  28 and 347)  only  (the when  t o t h e c r e d i b i l i t y of t h e c l a i m a n t , employer t h e Ombudsman  been a r a r e o c c u r r e n c e  are given  appeals  1980 1381 1982  both  o f t h e WCB  s e t i n Reporter  indeed  figures  costs of delay,  t h a t on  a worker's  and  Hearings  i s a doubt as  have  savings  ( i b i d . : 54).  of O r a l  another  new  t o perform  maintain  f a d e and a l t e r o v e r t i m e .  interest  are  As f o r t h o s e  limited  Thus d e l a y " i s a symptom o f t h e d i f f i c u l t y having  to  t h a t d e l a y h a s an a d v e r s e  to balance  and e m p l o y e r ' s  plans  ( i b i d . : 16-17) .  a h e a r i n g may c o n f l i c t w i t h  lengthy  workers  depend on income a s s i s t a n c e ,  t h e y must  the r e p o r t . Apart  union  insurance  the long wait  d i s a b i l i t y insurance,  delay  by t h e Ombudsman  maintains a t the  WCB.  as s e t t i n g  t h e C o m m i s s i o n e r s each  hearings  that oral  year  hearings  The  following  out the  number o f  from  1380, a n d t h e  granted.  271 296 373  104  8 2 11  1983 1984 1985 1986  517 490 411 377  15 12 6 4  (Sou r e e l  Corntfi i 5 5 i o n e r s inconvenient-. that p o l i c y , major  the appealants  hold  feelings  of  anger acute  that  victory  anonymous a p p e a l  Commissioners  was h e l d ,  only  can l e a d  to  problem  is  the  h a s been s u c c e s s f u l  away u n d e r S e c t i o n  board"  the  Wo d o u b t  s e r v e d by  before  the  t o have t h e f r u i t s o f  96 ( 2 ) by an u n s e e n a n d  (ibid.).  WCB R e s p o n s e t o C r i t i c i s m The  and  WCB  r e p o n s e t o c r i t i c i sm t o w a r d s i t s  p r o g r a m s h a s been n e g a t i v e  WCB  chairman,  report, delay  Jim Nielson,  arguing  that  that,  Jim  effect, that  politics  service  why in  B.C."  to  (The  example,  address  (The Sun.  Sun.  105  for  of  J u l y 4,1987).  the Prior  made p u b l i c s t a t e m e n t s t o t h e system  the people,  i s often  the  the reasons  and t h a t some r e c o m m e n d a t i o n s  repeatedly  t h e "WCB  For  p«o 1 i c i e s  o u t a t t h e Ombudsman's. 1987 to  t h e workers' compensation  tremendous  understand  lashed  increase delays  Nielson  structure,  and d e f e n s i v e .  i t failed  i n t h e WCB s y s t e m ,  r e p o r t would o n l y  a  hearing  i s that  and  ( i b i d . . 5 5 ) . The  "The d e n i a l o f j u s t i c e  and f r u s t r a t i o n .  snatched  as too expensive  a r i s e s a s t o who i s b e s t  where a p a r t y  where an o r a l  Repo r t Ju 1 y , 1987 > .  or the commissioners?  hearings.  WCB,  to  hearings  made by t h e Ombudsman  oral  particularly  D.  the  But the question  argument  rarely  consider  Ombudman  i n B.C.  and  that  i s , overall, he  used a s t h e whipping July  11,  1987).  does  not  boy f o r  However,  he  a l s o acknowledged that delays A 1987  WCB  f a c t sheet  in the system are an  r e p o r t s (see c h a r t below) that i t s c l a i m s  acceptance r a t e i s s t i l l  among the h i g h e s t  in Canada.  y e a r s , the acceptance r a t e has been about 96%  1982  1983  1984  1985  (Source: In  an  i n t e r v i e w with WCB  Kirk,she  argues that "the WCB  workers  and  criticism,  recent-  1986  W.C.B., 1987) .  must t r a v e l she  Director  Judy  a middle ground between does  not  accept  the  f e e l s , i n s t e a d , that "the board has a good r e c o r d  of c l a i m s management and my we  In  :  Community R e l a t i o n s  employers",therefore, and  injustice.  research  a c r o s s Canada i n d i c a t e s that  have a claims system that i s b e t t e r than other  major  boards.  O n t a r i o and  Quebec, f o r example, are under-funded by b i l l i o n s and  have c1 a i ms  pr ob1ems ".  She  maintains  claims are  can  handled  that " i t i s important  be complex and  that  compensation  that by f a r the m a j o r i t y of our  w i t h i n 17 days",  C a i n , a Claims'  to note  a statement repeated  A d j u d i c a t o r at the Board. In r e l a t i o n  claims  by  Maureen  to  labour's  criticism  of t h e Board over  returning the  t o employers as c r e d i t ,  surplus,  contends very  a  asked  about  organized  labour's  back  mentality'  completely  cent  i s not looking a claim  c a s e s we have h a d " . the  Board  have  system.  the That  that  reacted reported  a lawyer  of  injured  i n 1987,  a t workers with You can look  a  i s inflammatory  "That  96  per  suspicion. a t how few  any  legitimate claims.  use  pilace.  with dismay:  of workers f i l i n g  of language  "a  the Board has  suggestion  claim:  "The  The B o a r d  does  a t t i t u d e t h a t workers a r e t r y i n g t o kind  She  i t was  of the a c t i o n s  i s valid.  i s suspicious  million".  Maclean,  She f u r t h e r d i s m i s s e d  Board views workers as h a v i n g not  Kirk  were a l l o w e d . T h a t B o a r d assumes t h a t  is  "ofa l l  i n the f i r s t  Assistance,  and i s s u s p i c i o u s a claim,  that  criticism,  t h e p r o v i n c i a l WCB  Of t h e c l a i m s  that  $250  an a l l e g a t i o n made by A l a n  to f i l e  the Board  these f u n d s f o r employer  invalid.  fraud  that stated  kept j u s t  t h e V a n c o u v e r Community L e g a l  'cop  The  Judy K i r k  t h e Board  position" to give  w o r k e r s who w i s h is  fact  the employers fund  When with  in  that despite  fair  since  t h e $99.3 m i l l i o n  rip-off  and d o e s  the  not  do  anyone any g o o d " .  The  WCB  often  deflates public  having one of the b e s t  criticism  compensation  by p r i d i n g  systems  i n t h e 1337 A n n u a l  "This  a l s o saw i n t e r n a t i o n a l r e c o g n i t i o n  received  an  Industrial occupational from  the  award  from  the  Accident  Boards  safety  and h e a l t h  American  as  i n North America. For  instance, year  Report,  itself  Jim Nielson  mentions  that:  of our e f f o r t s .  International  Association  and C o m m i s s i o n s f o r e x c e l l e n c e  Association  services. of S t a t e  We a l s o  received  Compensation  We of in  awards  Insurance  Funds  f o r a number of  dismissing  claims  e x p e n s e of the  that  w o r k e r s , the  growing  workplace  health  both  Sun.  April  22,  y e a r s ago  high  as  now  severity  are  $10,000"  set  as  far  e m p h a s i s on  He  f u r t h e r acknowledged  highest  violation  forestry.  The  inspectors last  year  1986,  and  The 1384 rate  and  is  of  332  'tougher*  in cider that  WCB  p o l i c y on  by  the  industrial  a  February  Wester T i m b e r , and  Nanaimo  newsletter,  the  114  (The  range this  new  do  industry  place  has  the  closely by  from  249  as  regulations".  followed  i n 1984;  by  the  WCB's  1983  until 407  in  i s s a i d t o have begun  in  accidents  health 1988  Regional  i n 1985;  fine  safety of  Paper,  the  a reported year over  fatality the  i n i t s e f f o r t s t o combat  and  Hospital levied  and  deaths per  Board  C a r i b o o P u l p and  Board  years  p h i losopihy. . .We  recommended  penalties  h o v e r e d a r o u n d 200  compliance with and  five  that cent  $1,500 and  construction  83;  for  per  describes  incidence,  t o reduce at-work  has  t o 500  on  (ibid.).  decade. Examples c i t e d  January  past  s a i d t o have s t e a d i l y i n c r e a s e d  i n 1987  employers  Board argues  400  Greer  penalties  when t h e y d i p p e d :  its statistics  a compliance with  the  penalty  number  The  the  a change o f  that  the  r a n g e d f r o m $750 t o $1,000 just-  Bill  gaining  i n t e r e s t s at  assesses  a t a minimum o f  " . . .ptrobably  In  to  increased over  that  (Ibid.).  development  it  violations.  e m p l o y e r s have  productions".  employer  penalties  safety  and  video  refers c r i t i c s  1988). " F i n e s  five  greater  i t favours  of  and  number  b r o c h u r e s and  Board  severity  assessments a g a i n s t in  WCB  regulations  $15,000 a s s e s s e d the  (ibid). highest  T o w n s h i p of In  its  penalty  past non-  include against Richmond  bi-monthly assessments  of  $10,000.00 a g a i n s t P a c i f i c  wear  Log  l e g p r o t e c t i v e equipment,  Shake and S h i n g l e lack  guarding  (WCB News. November/December, On  the  Ltd. for  and $11,000.00  Ltd. f o r failure  of l i f e - j a c k e t s ,  Homes  to lock  the Act,  again  a t t i t u d e toward  instance,  WCB  an i n t e r v i e w w i t h  s t a t e s t h a t the Board  has  powers t o i n t e r p r e t  the Act.  decision  to disallow  to  on whether  question  challenge  the Act,  the  decision  itself.  before  t h e B.C.  ambiguity court. question that  were  understandable. manpower,  workers the don't  get  respond an  fault  t h e WCB  Cain,  have  decision.  that  any  109  civil the  argues  delays  are too  Sometimes,  the  They t h e m s e l v e s  are  d o n ' t answer  Therefore,  f o r t h a t " , she contends.  the  and  o r go s e e o r  i s work-related..."  come  On  Cain  i s due t o t o o many c a s e s  - they  wishes  t o sue i n a  i n the system,  answer, b u t  t o phone c a l l s ,  injury  that  t h e w o r k e r s have a p o i n t .  i n the delay  Maureen  were c h a l l e n g i n g  inability  annoyed because of t h e d e l a y .  main f a c t o r  that  then  For  with d i s c r e t i o n a r y  i n cases  claimants  are delays  the delay  criticism.  i f t h e B o a r d h a s made a  not c h a l l e n g i n g the Board  "If  has  s e c t i o n s o f t h e A c t and n o t  She a r g u e s t h a t  i s no y e s o r no"  Board  u s e d by t h e B o a r d , he o r s h e  i.e., specific  there  equipment,  a c l a i m , and t h e c l a i m a n t  Supreme C o u r t ,  o f whether  "there  little  Therefore,  o f t h e law b e c a u s e o f t h e i r  They  the  Adjudicator  been e n t r u s t e d  t h e degree of d i s c r e t i o n  can  Island  p r o t e c t i v e equipment  a d o p t e d a r e a c t i v e and d e f e n s i v e  she  to  1986: 4 ) .  i s s u e of a d m i n s t e r i n g  in  against  energized  and p e r s o n a l  failure  letters,  tell  they  their  doctor  "workers  cannot  the subject  On  to  give  recently  of t h e  back  t o employers  won  a  major  c h a l l e n g e , she r e j e c t s the  money r i g h t f u l l y  to  provide f u l l  Board  ended  decline wage  t h e WCB  to  problems Board  (OSSiH)  f o r providing  employers  a  i t s h o u l d be  money b e c a u s e  BCFL that spent  "The r e a s o n t h e t h e r e was a in  i t  less  to  the  c o m p e n s a t i o n . The  he  pays  f o r the  to  in  For  instance,  an  the  advisory  February  Minister  of  committee  to  i t s Occupational Safety improved education  rehabilitation and  of workers'  Health  services  training,  first  and s t a n d a r d s (WCB A n n u a l  the inception  and  and  i n the operation  inspection,  1 10  h a s been with  to  workers field  1987).  o f t h e WCB Act in 1 9 1 7 ,  through a  these  also  division  aid,  Report,  of t h e Workers Compensation compensation  Workers'  The B o a r d  1 7 , 1387).  i t is  t h e Board  and c o m p l a i n t s a s s o c i a t e d w i t h t h e  I d e n t i f i a b l e p a t t e r n s of b i a s  regulation  by a r g u i n g t h a t  announcement by  who a p p o i n t e d  and r e s e a r c h  pursuit  Board  claims resulting  reformed.  a recent  (The Sun.  credit  Since  the  labour  have a s u r p l u s why g i v e  .the  and  Hanson,  gives  services,  you  aside  after  workers.  responds to c r i t i c i s m  reviewed  Lyall into  If  receive  reference  Compensation  of  to injured  set  system".  general,  Labour  the  t o go ahead  do n o t pay a c e n t t o w a r d w o r k e r s '  pier i o d i c a l l y  E.  ruling  which  t h e argument made by o r g a n i s e d  compensation  should  compensation  and  court  and i n  b e l o n g s t o them and t h a t  days.  They  employer  look  as c r e d i t ,  up w i t h more money t h a n e x p e c t e d i s t h a t  loss  makes  s u r p l u s t h e WCB  i n t h e number o f a c c i d e n t s and  workers?  In  million  $99.3  mixture  responsibilities  consolidated  into  designed  affect  designed  to  a central  of the population  compensation  to  others.  o p e r a t i o n s of the  on  WCB  the workers'  the p r i n c i p l e  regardless  h a v e been  workers*  claims  compensation  workers  standards,  them  and  workers,  and  However,  over  of  time,  in  with  the  deny  in  the  full  and  premised  compensation primarily  battling  The  workers  courts.  setting  of  health  t o make  workers these  to  money  t o have an i n d e p e n d e n t  injured  many  and  was i n i t i a l l y  the workplace  compensating  benefits,  of time  accidents,  monitoring  deliberately  t o p r o v i d e some  i t has f u n c t i o n e d  s y s t e m was s u p p o s e d  prevention  was  p a t t e r n s of b i a s  system  t h e burden  against  It  not  evident.  compensation  of  The A c t was  Legislature  As a r e s u l t ,  o f who was a t f a u l t , employers  the  equally.  w i t h r i g h t s and  of p r o v i d i n g  relieve  in  a l l people  - t h e WCB.  and p a s s e d by t h e P r o v i n c i a l  sections  While  agency  mandate  and  safety  i t safe  to  for  full  health.  expectations  remain  u n f u l f i1 l e d .  The  WCB  has i n c r e a s i n g l y  concerned with the r i s i n g been During some review still  r e f l e c t e d . under  come u n d e r  c o s t s of compensation.  b o t h NDP and S o c i a l  t h e NDP g o v e r n m e n t between gains of  in  legislation conservative threatened  because of  the  strategy to  t h e NDP former  Credit  but r e l a t i o n s failed Social  to  has  governments.  with  abandon  Credit  s t a n d a r d s and 111  trend  on t h e B o a r d labour  and  a  were  the r e s t r a i n t  government.  was i n r e p o n s e t o e m p l o y e r  lower s a f e t y  This  1972 and 1975, w o r k e r s d i d make  t h e form of r e p r e s e n t a t i o n  appeal procedures,  strained  the i n f l u e n c e of employers  pressure  undermine  This which  collective  b a r g a i n i n g u n l e s s growing When t h e S o c i a l policies  of  services  worker,  the  where w o r k e r s protected  Credit  Credit  g o v e r n m e n t was  control  many and  workers  of  presented publish  of  The on  does  activity  reports.  The  enforcement  activities  failure.  Only  between  appointed  change i n t h e amount of  time  by  reports examined.  activities  1972  1975  information  of t h e WCB  the subsequent  t h e NDP,  made  functioning was  of  WCB.  crudely  compute which  a  that  instance,  and  not  and  can  be  success  or  new was  in  statistics  chairman, there  some  available.  have been e v a l u a t e d f r o m  Commissions.  However a d e c i s i o n  the  evidence  apparent  when  attacked  For  rates, against  and  a  Social  themselves  is indirect  their  are  goverment, but  detailed  Board does  t o t h e B o a r d by  a number o f R o y a l on  employers  i s incomplete  and  employers,  only  manifested publish  to  employees as  t h e i n t e r e s t s of e m p l o y e r s .  measured  The  NDP  This  reduced  t h e p a r t of t h e  previous  not  ill-health  was  their  i t not  have  or  Ison,  and  in that  its activities.  on e n f o r c e m e n t  accident  on  for  t h e d e c i s i o n - m a k i n g p r o c e s s of  Board  i n annual  them by  shift  the  a t t h e WCB  i s serving  information  against  it  than b e i n g a b e n e f i t  become a s h i e l d  significant  from  bias  information Board  now  1985). T h i s p o l i c y  policies  forms.  the  "Rather  litigation  (BCFL,  Patterns  to workers.  re-emphasizing  restraint,  get. n o t h i n g e x c e p t m i s t r e a t m e n t ,  from  excluded  fiscal  has  curtailed.  came i n t o power  and  WCB  result"  the  Party  free-enterprise  compensation the  l a b o u r power was  The  impact  time of  to  these  t h e B o a r d have n o t been  made i n 1976  to appoint a  firm  of management consultants, the Board,  P.S. Ross and Company,  to investigate  through a private rather than public hearing.  Prior  to that, the chairman of the Board, Terry Ison, an NDP appointee, was  forced  Report  to resign.  concludes that  shift  the WCB  Ison's subsequent response to the  pro-worker  report  the Ross  was a political manoevre to  bias during the NDP back  towards  the  employer (Ison, 1986). A  possible explanation for this unusual pattern of events is  that- Royal Commissions have been used to  lull  in the past- as a mechanism  the public into thinking that any needed  occur as a result of the inquiry.  reforms would  However, when serious changes  did occur that favoured the interests of workers, there was quite a dramatic reaction, as in the Ross report. The  effects  restraint been to  of  a  shift towards  has taken m a n y forms.  employer  bias  Since about 1981  and  fiscal  the Board  has  said to be looking towards hiring "tough people" as opposed  the  previous  "sensitive  and  period  caring  times  people".  when  were  Apparently  caring people burnt out- more easily, tough  they  looking  for  the sensitive  and  and it was argued that  the  people "would stand up to the system" (meaning the Board).  The Board however, seems to have turned this expectation on its head, using strings  to  its managerial get  powers and control  adjudicators  Adjudicators and consultants are described by one WCB  employee as  that  state,  up  purse  claimants.  favour  stand  the  to  "always overworked,  to  of  tired,, harassed". Management was thought to as  it would  toughen  personnel  towards  claimants.  While  i t was n e v e r  everyone  inside  "looking  f o r t h e tough  WCB s  the system  preference  f  promoted  are  no f i l e s  "tough  have  adjudicators claims  Given to  reckoning,  when  (Friedmann, shows  itself  decisions.  they  enormous  powers  of  management's  of  one  consultants  themselves  hemmed  and back former  ( i . e . who have cut off  claims).  discretion.  attitudes  to cut off benefits,  into  who  interest  "They  i t i s easy  for  to  i s o v e r t u r n e d on a p p e a l ,  and p r o f e s s i o n a l  feet  in  their  The  deny  day of i s so  (ibid.).  have  some  professional  i n the w e l l b e i n g of  clients  i n a t e v e r y s t a g e by a management more  i n t e n t on c u r b i n g c o s t s t h a n their  clearly  " L e t them a p p e a l " .  Rehabilitation  now f i n d  The  t h i n g s and p a d c a s e s "  r e m o t e t h e y a r e n o t t r o u b l e d by t h e p r o s p e c t  standards  1986}.  the a t t i t u d e : decision  was  The o n e s who g e t  regularly  They can s l a n t  be r e s t r i c t i v e ,  and adopt  department  take the hard, l i n e ,  d e c i d e what t o i n v e s t i g a t e . 6).  i t was c l e a r t o  personnel  guys"  desks, because  Adjudicators  the  and p r o m o t i o n  t h e o n e s who  on t h e i r  (ibid:  that  directly",  type of p e r s o n "  for  management's p e r s o n n e l  "said  in  putting  injured  w o r k e r s back on  t h e p r o d u c t i v e work f o r c e .  rehabilitation  consultant:  In t h e words  "Forget  about  r e t r a i n i n g " « Or t h e r e t r a i n i n g  offered  w o u l d be much s h o r t e r  than  necessary  judgement o f t h e c o n s u l t a n t .  "You  have  to  (budget). restraint decimated someone  i n the professional fight When  with they  tactics, by who  t h e manager who j u s t are s u f f i c i e n t l y  consultants quit,  attrition.  "Next t i m e  i s pro-worker"  wouldn't  approve i t "  worn o u t by  management's  so that  concerned  they say  (ibid.:  7).  staff are  they  won't  That  comment  hire is  interpreted  by F r i e d m a n n  distortion.  The  themselves s a i d deal  with One  (1986) a s r e v e a l i n g  professional  to r e f l e c t  disabled  out  worker  of the l i s t  that  job  job list.  could perform.  just  alternative  a t the mid-range Consultants  expense  of  the  They  a pattern  are  don't need  of b e h a v i o u r  to  on whether  there  whereby  of j o b s  The B o a r d t h e n p i c k s  that and  is a  that job uses  loss  of  would be f o r t h e B o a r d t o s e l e c t  g e t t h e message: "The  bottom  worker".  a p p e a r s t o be pay  by  (ibid..").  of e a r n i n g s p o t e n t i a l  soon  management a t t i t u d e driver's seat.  "You  t h a t has the h i g h e s t e a r n i n g s p o t e n t i a l  l o s s of e a r n i n g s p e n s i o n s " . the  consultants  the Board to prepare a l i s t  alone- f o r i t s d e c i s i o n  e a r n i n g s . The  of  a pro-worker b i a s .  has d e s c r i b e d  c o n s u l t a n t s a r e a s k e d by a  judgements  the substance of h i s o p i n i o n "  consultant  a s u b t l e put-down  f r o m a l l j o b s on "We  line  d o n ' t want t o is:  Therefore, that  and  the pay  s a v e money, a t the  prevailing  "the employers are i n  the insurance",  a  they c a l l  the  the shots  ( 1 9 8 6 : 7 >. Friedmann adverser ia 1  expressed  the  following  concern  about  the  t-endenc i e s : I am d i s t u r b e d by what I p e r c e i v e a s an i n c r e a s i n g t e n d e n c y of t h e W o r k e r s ' Comp e n s a t i o n B o a r d t o d i s b e l i e v e w o r k e r s and t o d i m i n i s h o r d i s a l l o w c l a i m s . Many c l E k i m a n t s are shocked a t the a d v e r s a r i a l a t t i t u d e t a k e n by an i n c r e a s i n g number of B o a r d p e r s o n n e l . S e c t i o n 99 o f t h e Workers' Compensation A c t s t a t e s t h a t the b e n e f i t o f t h e d o u b t s h o u l d go t o the w o r k e r i n c a s e s where t h e f a c t s a r e e v e n l y b a l a n c e d . C u r r e n t p r a c t i c e appea r s t o p u t t h e b u r d e n of p r o o f on t h e w o r k e r . The B o a r d ' s h a r d l i n e s t a n c e p l a c e s t h e worker i n a d e f e n s i v e and  Board's  s t r e s s f u l p o s i t i o n . This s i t u a t i o n would be l e s s s e r i o u s i f the a p p e a l system c o u l d q u i c k l y review the c l a i m . However, o n c e art a d j u d i c a t o r d e n i e s a c l a i m , i t may t a k e two and a h a l f y e a r s , to exhaust the a p p e a l s a v a i l a b l e ( i b i d . : 7-8) . Thus, and  the  B o a r d makes major d e c i s i o n s w i t h o u t  although  been for  there  has  rewriting industrial the  most p a r t ,  clear  making  trend. power,  frequently  their  In that  Health as  input.  level  assigned  to  by  sum,  patterns  bias offer  WCB  does favour tactics  processing  claims,  s h o r t a g e of  safety  role of  such  those  while, domestic  regulation  is  decision-  committees  are  Eind lower  level  committees,  rendering  incontrovertible  at-  the  relying  underreporting inspectors, etc.,  of  expense  evidence  of  upon s e c r e c y ,  workers. delays  workplace f a t a l i t y are  more t h a n  p e r f o r m e d by  the  WCB  in attempting  workers while  not  a l i e n a t i n g employers.  1 16  of  has  1985).  employers as  and  these  these  (BCFL,  of  Exclusion  management,  ineffectual  the  regulations  c o m m i t t e e s h a v e no  made  labour,  change, the Board  compensation  safety  higher  safety  decisions  the  claims  from  decisions  usually  Operational  the  and  recent  and  labour  artists  r e j e c t e d by  management a r e  health  ignoring  w o r k e r s , f a r m e r s , and a  been a s l i g h t  imput f r o m  to  rates,  suggestive  cope  in  with  of the  Foot-notes B.C.  F e d e r a t i o n of L a b o u r . Submission on t h e B.C. Workers' Compensation January, 1387. Presentation  J u n e 3,  the B.C.  to the  t o t h e M i n i s t e r of L a b o u r B o a r d of C o m m i s s i o n e r s .  Workers' Compensation  Board.  1386. Report, of t h e F e d e r a t i o n of P u b l i c Ef.C. W o r k e r s ' C o m p e n s a t i o n S y s t e m , 1985.  Reporter  Series. Decision  No.  2,  J u n e 4,  _ Decision  No.  3,  1373.  Decision  No.  20.  1373.  _ Dec i s i on• No.  33.  1374„  m  Decision  No.  128,  . Decision  No.  410,  m  Canadian Employment S a f e t y and C l e a r i n g House I n c . , 1382, Confederation Safety, 1381. Court c i 1 , B.C.  Inquiry  1373.  1975. O c t o b e r 8,  Health Guide. pp. 403-408.  1387.  Vol.  1,  Commerce  of C a n a d i a n U n i o n s . Re: Occupational Health Workers' Compensation Board. B.C.: November Safety Inquiry November , 1381 .  into  Committee,  Construction  and 16,  Industry  Construction Industry Advisory C o u n c i l . R e p o r t of the British Columbia C o n s t r u c t i o n Industry S a f e t y I n q u i r y . A p r i l , 1982. Friedmann, K. of L a b o u r  A. "The I n s i d e S t o r y . " V a n c o u v e r : B.C. C o n f e r e n c e , September 23, 198S.  Hardwick, J. "The Identification Un i v e r s i t y of E<. C . , May , 1380 „  of  Industrial  Federation Disease."  I n t e r v i e w s w i t h J e n e E r r i n g t o n ( W o r k e r s ' A d v i s o r ) , C r a i g Pat-erson (lawyer), Bruce Elphistone (BCFL), Maureen Cain (WCB), Judith Lee ( L a y e r ) , A l l a n MaClean ( L a w y e r ) , Cathy Walker (CCU), John Weir ( B C F L ) , Sarwan B o a l ( C F U ) , and J u d y K i r k (WCB). Ison,  T.G. The D i m e n s i o n s of I n d u s t r i a l Disease.. Kingston: Industrial Relations Centre, 1978.  Ison,  T. "Policy C o n f e r e n c e on  University  of  A l t e r n a t i v e s to Present S t r u c t u r e " . Vancouver: Workers' Compensation o r g a n i s e d by the B.C.  117  o f L a b o u r , September 2 9 , 1 9 8 6 .  Federation Ombudsman  No. 8 . A p r i l  o f B.C. S p e c i a l R e p o r t  Malcolmson, P.E. O c c u p a t i o n a l H e a l t h I Occupational Health i n Ontario, 3 ,  1 2 , 1984.  An O n t a r i o P e r s p e c t i v e ^ pp. 2 0 6 - 2 1 7 .  1982,  M c K e n z i e , H.S. " E x p l o r i n g t h e C u r r e n t R o l e o f O c c u p a t i o n a l H e a l t h P h y s i c i a n s i n B.C. M.Sc. t h e s i s , U.B.C., 1 9 8 1 , 1 3 6 p . Ministry  of Labour. Annual  Napoli v s . (S .C . }  1985/1386.  Report,  Workers' Compensation  Board,  (1981},  2 7  B.C.L.R.  3 0 6  Nixon, G-.B. a n d L o m e J . K a v i c . "The 1 2 0 0 D a y s , a shattered dream: Dave B a r r e t t and t h e NDP i n B.C." B.C. P u b l i c P o l i c y , 1973,  1979.  Office of t h e Workers' A d v i s o r s . Submission t o the A d v i s o r y Committee on t h e S t r u c t u r e of t h e W o r k e r s ' Compensation Board. M i n i s t r y o f L a b o u r and Consumer S e r v i c e s , June 2 4 , 1988..  Ombudsman Report  of B.C. W o r k e r s ' C o m p e n s a t i o n No. 7 , J u l y , 1 9 8 7 . R , l e a s e . " Ju 1 y 2 ,  „  »N  m  special  E  W  S  £  Report  System  Study.  1987 „  No. 8 , A p r i l  12,  1334.  Tennant, P. "NDP Government of B r i t i s h Columbia: Politicians i n an u n a i d e d C a b i n e t . " C a n a d i a n P u b l i c 1977,  Autumn, 3 :  489-503.  Public  Unaided Policy,  The  F i n n i s h O c c u p a t i o n a l D i s e a s e A c t . ( 6 3 8 / 6 7 ) . I n : Vaanen, V. and Vasama, M. The F i n n i s h O c c u p a t i o n a l , D i s e a s e R e g i s t e r ^ 1 9 7 7 . H e l s i n k i : I n s t i t u t e of O c c u p a t i o n a l H e a l t h , 1 3 7 8 .  The  Province. April  The  V a n c o u v e r S u n . March  2 3 ,  197S. 18,  1988.  _ November 3 0 , 2 7 ,  _ January _ .j  u r i e  . July m  13  ?  1 1 ,  November  1976 1987.  1987. 1987. 13,  1987.  . F e b r u a r y 17, March 30,  1987.  1983.  . Ap,, i l 4 , 1988 . _ April T y s o e , C. Commision  of  22,  1988.  I n q u i r y , Workers' Compensation  W e i l e r , P.C. R e s h a p i n g CeJI'E'^Olsat-ign for submitted t o R.G. Elgie, Minister 1980.  Ontario^ A of Labour,  W o r k e r s ' C o m p e n s a t i o n A c t of B r i t i s h C o l u m b i a . P r i n t e r f o r B.C., 1379, 61 pp. Workers' Compensation Board of D i s e a s e No. 93, 1974, p . 4.  British  Act.  ReportNovember,  Victoria:  Columbia.  1966.  Queen's  Industrial  6 5 t h A n n u a l R e p o r t f o r t h e Y e a r Ended December 1381. F i n a n c e and S t a t i s t i c s . WCB o f B.C., 1980. Workers*  Compensation  Workers' Compensation  B o a r d News. November/December, Board Annual R e p o r t .  31,  1986.  1987.  World H e a l t h O r g a n i z a t i o n . E v a l u a t i o n of O c c u p a t i o n a l H e a l t h and iQdys.trial Hygiene S^ryi£es_. C o p e n h a g e n : R e p o r t on a WHO W o r k i n g G r o u p , R e g i o n a l O f f i c e f o r E u r o p e , WHO, 1982, 34 p p . 2enc , C. i ed . ) D e v e l o p m e n t i n 0c c up_a t i o n a 1 M e d i c i n e ^ . Y e a r Book M e d i c a l P u b l i s h e r s , 1980, 477 pp. 0c c u p a t i o n a l Aj2B.Li.cations_. C h i c a g o : 944 p .  Chicago:  M§d.icine_: P r i n c i p l e s arid Practical Y e a r Book M e d i c a l Publishers, 1375,  1 19  IV.  S u m m a r y and Cone 1usion5  E v i d e n c e and the  evolution  industrial  data provided  in e a r l i e r  of  compensation  workers'  revolution  workers f a c i n g h e a l t h of  protection  willing  to  standards, for  that  come a  safety  the  guarantee  a l l workers,  As  and  under  and  management  has  law.  with  long  in way  The  the  f a c t that  i t i s unwilling Board  c o s t l y p<reventi ve  employers  oppose  r a d i c a l s t r a t e g i e s which  committees  with  of  response  of  the  B o a r d of and  controls,  majority  unsafe  their f i l e s ,  this  between  study the  has  and  the  the  WCB.  It  further  to  Act,  services  labour  accommodate  the  to  antagonize  a  the  and  safety  worker  safety  the  collective The  denial  of  and  as  implement of  Board's refusing decisions legitimate  workers. in i t s role capital,  c o n c e r n s of  the  as  the  state  relations  a  state  workers.  came i n t o power introduced a  labour  Board,  substitution  such  to  e m p l o y e r s and  established  safety  significantly  etc.  a l s o shown t h a t  i n t e r e s t s of  labour,  only  compensation  health  tactics  instance, the NDP government which support of o r g a n i z e d l a b o u r i n 1972, representing  is  and  of  r i g h t of  refusing  review, misapplying  does sometimes  structure  on  the  work.  to adopt d e l a y i n g  cutbacks to s t a f f  However, mediator  refuse  WCB  could  s h u t down u n s a f e e q u i p m e n t ,  been  access to  claims,  (WCB)  to  workers to has  workers  worker  l e a s t a modicum  health  operations  d e c i s i o n - m a k i n g power,  representatives right  the  - engineering  material,  that  measures.  of  value  the  ensuring  is reluctant  source  hazardous  funding for  that  since  to ensure f u l l  the  reduce s u r p l u s  in at  workplace  the  B.C.  hazards enjoy  minimum  shows t h a t  c h a p t e r s have shown  For  with the tripartite to  govern  board  to  mediate  disputes  hardline and  between  against  some e m p l o y e r s  safety concerns.  government friendly fines had  record  On t h e o t h e r  h a s been  no  against  effect.  government,  implement  ignored  will  policies  towards o r g a n i z e d  a l l e g a t i o n s that  an  or  significantly  alter  employers  and  so  political A.  is  theory  of  of t h e A p p l i c a b i l i t y anticipated,  the  state,  Compensation  Board  participate  as  information It  is  pluralist  that  ensures  to  the  the  loyal  economic  to and  from  of t h e i r  interests,  a standardized  by  accorded  would  presenting  of  those  fairness i s format  worker and e m p l o y e r  technical expertise, funding,  liberal-  the f u l l  regarding  and q u a s i - j u d i c i a l  Moreover,  groups  standpoint  including  Procedural  Workers'  persptective.  of p e r s p e c t i v e s  the Board.  - pluralist, the  interest  that the representation of  of  interveners  the  - Pluralist.  liberal  arena  competing and/or  assumed  interests.  advocacy,  in  i n support  a balance  comes b e f o r e  intervening legal  further  diversity  adherence  that  o f B.C.,  t o t h e WCB  of t h e L i b e r a l  following  claimants  theory  relevant public,  the  the  s t a t u s quo.  Evaluation Theory It  legitimate  Credit  that feeds i t "  s t r u c t u r e . I t remains e s s e n t i a l l y to  modest  Social  capitalist  as  and  s a f e t y r e g u l a t i o n s have NDP  would  labour  fundamental  acts  a  Credit-  " c u t - o f f t h e hand  that  took  hand, t h e c u r r e n t S o c i a l  I t denies  not  and  health  companies v i o l a t i n g  WCB  labour,  workplace  B u t whether u n d e r  the  and  who  hostile  t o w a r d s management.  imposed  nor  employers  and o t h e r  and  of any  the issue  assured  by  fora l l access  to  resources  assumes  equal  pluralist  access for a l l p a r t i c i p a n t s .  theory  participating presumably the  recognizes  interests  o f f s e t by  in  the  the  presumably making and  body  by  (WCB)  the  power  and  the  the  from other  heterogeneity  be  expertise,  are  measures  and  participating  forces  separation  of  interests. process  the  i n g o v e r n m e n t and  impartiality  of  among  these  decision-making  formal  and  liberal  differences  egalitarian/appeal  of  by  may  e a c h s e t of  neutrality  guaranteed  there  WCB's  u n i q u e c a p a b i l i t i e s of  Finally,  that  Although  is  decisionindustry,  its  members  (c omm i s s i o n e r s ) .  In  the  structure  pluralist earlier the  assumptions stated,  Board,  thus  industry,  labour,  intervention  WCB  the  takes place  by  uniform  of  claims  so o n ) .  e m p h a s i s on i s s u e of  WCB access  quasi-judicial  This  diverse  appeal  input  to the  interest).  labour,  forces  and  direct  representation  employers'  i s consistent  of  (e.g.,  through  with  procedures,  o b s e r v a n c e of  a  the  the  of  groups, liberal-  p r o c e d u r e s of  pluralist,  p r o c e d u r e s h a v e been s t a n d a r d i z e d to a l l i n t e r v e r n o r s , to  WCB  As  P a r t i c i p a t i o n in  extent  p r i m a r i l y by  decisions  to  representation.  f a i r n e s s of  a general  and  conformity  adjudication.  competing  limited  but  (organized  of  and  public  to a  i s surface claims  a plurality  individuals,  interests  suggest  fairness.  area file  s t a t e and  a d v o c a t e g r o u p s , and  On  there  b a l a n c e among d i v e r s e  proceedings  pluralist  WCB  i n the  ensuring  a  organised  the  w o r k e r s can  providing  WCB  of  accommodate  and  are  so  standard as  to  of grant  characterized  w o r k e r s whose a p p e a l s  the  follow  as a  standard  format-  evidence,  which  include filing  cross-examination,  regardless  of  interest,  pluralist.  theory  abilities  among  a  claim  submission of  and summation. All  interveners,  follow similar procedures. Liberal  presupposes that intervernors  differences  in competitive  will be minimized  through  this  process.  But  as argued earlier,  detract  from  certain characteristics of  a balance among participants.  the W C B  Decision-making on  health and safety regulations and their enforcement is restricted to the Commissioners of the Board. Employers have complete access to a worker's medical file, while the affected worker does Political  interference of the state in the appointment of  not. Board  staff affect the balance among participants and the integrity and effectiveness and  of personnel.  Expertise is  formally available to  utilized by all intervenors in filing and appealing a claim  in the form of legal counsel and expert witness; however, unlike the situation facing employers, funding resources for workers are 1imi ted  or simp1y unavai1ab1e.  B. Structural Role of the W C B vis-a-vis state theory The study  application of the liberal - pluralist theory  of the state  impartiality involved appeals,  poses  of the W C B .  in workers' bureauctratic  a challenge as to the  to  the  fairness and  Difficulties cited in various sources  compensation in B.C., red-tape,  such  inadequate  as delaying  compensation of  claims, non-implementation of regulations, lack of accountability and  fairness,  conflict of functions and  124  interest,  ineffective  procedures and regulations, and so on, are widespread. Therefore, the  liberal - pluralist interpretive framework is not  consonant  with the systematic inequalities found in the daily operations of the  WCB.  Going  against  structuralist  the  liberal - pluralist  theory acknowledges a structure of  relationships  within  the  state  and  entrepreneurial interests. It denies among  competing  interests  purported neutrality perspective capitalist. claims  interpretation,  of  contends  the  that  hegemony, and  adjudication  and,  the  in  WCB  between  administrative the  concept  this  case,  administrative  the WCB  the  state  of  and  a balance  rejects  the  process. This  functions in the interest- of  interprets  worker  intervention  as contributing to social control  in  and  the  1 egi timat-ion of capi ta 1 . An  Etna  lysis  individual  worker  shortcomings The  of  theory  the  WCB  structure  and  how  cases that come before  it deals with  i t , reveals further-  in the 1iberal-pluralist interpretation of the fails  participation,  to reflect the actual  and  experience  of  WCB.  worker  it obscures the disproportionate power among  competing interests (workers,  industry,  the state:) through  the  Board's guise of fairness, objectivity, and impartiality.  In  fact,  systematic and  the  claims  ajudication  and  structural disadvantage suffered by the  the public at large,  inequalities soc iety.  embedded  in  process  is  marked  which reflects reflects larger the  capitalist  foundations  by  a  worker social of  the  Participation persons  or  and  representation  groups  constituency. legal  and  who  technical  are  formal  Furthermore, the general skills  comparable e x p e r t i s e . which  lack  of workers  more  has  But  forced  legal  limited  accountability  reliance claimants  skills  is  of  to  and  a  the Board  on  to t r y to obtain  are a competitive  a c c e s s i b l e t o t h e WCB  to  weapon  management  against  workers.  On by  the  the  pluralist  attuned and  s u b j e c t of  discretionary  A  as  the  the  the  way  definition  critique  power  of  the g e n e s i s  of  t h e B o a r d of  workers  class  diffuse  conflict the  existing a  and  class  humanizing  Thus, the  capitalist  h e a l t h and  a n a l y s i s of  legislation  they  under-  t h e WCB  concessions  not  well  examines  the s t a t e  (Navarro,  harmony by  do  process  decision-making  for  r e l a t i o n s of p r o d u c t i o n ;  effect,  more  Commissioners as  class pressures  However,  an  decision-making  the a c t u a l  promote s o c i a l  system.  r e l a t i o n s of p r o d u c t i o n  improve  in  is  interests.  s t r u g g l e i s i n c o r p o r a t e d by  to  have  WCB  of w o r k e r s ' c o m p e n s a t i o n  of  emphasized  the s u b j e c t i v e  produces  or disempowered the  s t a t e responds to working  legitimacy  interests"  "interest"  of  The  alter  of  Moreover, a s t r u c t u r a l i s t i n which  of  in claims adjudication,  impartiality  limited  process.  that  of u n o r g a n i z e d  structural  questions  "heterogeneity  model, the s t r u c t u r a l i s t , p e r s p e c t i v e  to the f a c t  representation  the  1978).  reform  so  enhancing  to labour though  change  in  do  they  as the not may  capitalist  ( M i l i b a n d , 1973). c l a s s has  not  totally  s a f e t y i n the workplace.  126  opposed measures The  very  fact  to that  illness  c o n s t i t u t e s a d r a i n on  t o seek  to reduce  fraction and  of  the  industrial c o s t s of  illness  (Ashford,  Conflicting  government with  and  the  changing  it  ideological  r o l e of  political how  viewed  c a p i t a l i s t , s t a t e and class  WCB, and  are a  labour  to h e a l t h  successive  state  and  are  labour  the  clear  factors  basic  of  is  of  efforts  between  respect  content  determination  injury.  to  and  that  in  under  improve  as  an  i n the  the  i t s r o l e of  conflicts.  dominate,  since apart  from  function,  the  must a l s o c o n t i n u e  theory,  part  the  in  WCB.  nature  capital  the  reports  the These  of  representation.  structure.  ensures that  have  regulations  these  under  s t r u c t u r e of  state  the  important  c l o s e l y r e l a t e d to  nevertheless  Board  working  regulations,  structuralist  d e a l t with  i t s unequal  safety  mediating the  annual  and  owners  Consequently,  m e d i a t i n g forum which a l l e g e d l y r e p r e s e n t s  labour,  a  addressed  management  d r a f t s of  f a c t o r s play  workers are  and  d i v i s i o n s between owners of manifest  employers  However, o n l y  i n numerous s u b m i s s i o n s and  the  Thus  led  i l l n e s s have been  concerted  interests  to  to the  has  1976).  been f u r t h e r r e f l e c t e d  points  value  and  industrial  this m i l i t a t e s against  conditions  surplus  the The of the  both  capital  i n t e r e s t s of  capital  fostering a to  legitimation  facilitate  private  ac c u m u l a t i o n . The  position  legitimation unlikely  and  of  industry  accumulation  t h a t w o r k e r s can  consequence,  is  functions  reverse  many i n d u s t r i a l  therefore of  the  bolstered WCB,  this obfuscation  diseases  and  and  by it  process.  occupational  the is In  accidents  continue  t o go o f f i c i a l l y  conditions fault,  a  cases the of  of  the  unrecognised.  compensated do n o t r e f l e c t  these  offers  Liberal-pluralist  confusing a  more  relevant  contradictions  legitimation  institution  weakness o f t h i s  information between  theory  essential  that  serves  information  operating  the  o r g a n i z a t i o n . The d i f f i c u l t y to  classified  critical  C.  Possibilities Among  are  o f WCB  of of  grasp  WCB,  a  the state  a c a p i t a l i s t , economy. in obtaining  the i n t r i n s i c r e l a t i o n s h i p  It i s difficult  to obtain  structuralist  as c o n f i d e n t i a l  such  argument  although  in acquiring this  p<olicy  information  This i t is  the o p e r a t i o n a l b i a s e s of  by t h e p a u c i t y o f p u b l i s h e d  put  the  to  the d i f f i c u l t y  t h a t would c l a r i f y  A major o v e r h a u l  other  extent  t h e i n t e r e s t s of employers a t w o r k e r s .  very  and  in  as i t i s t o the  the  issue.  framework  within  h a s been  i s t r e a t e d by t h e WCB  information  or  at  A structuralist interpretation  inherent  and t h e WCB.  are  i s a t a l o s s t o make s e n s e  analytical  study  information, t h e WCB  identifying  and t h e number  the true nature  e s s e n t i a l to understanding  employers  attested  prevails,  circumstances.  structural  The  than  e n v i r o n m e n t and t h e w o r k p l a c e which  blame-the-worker p o l i c y  problem.  Rather  information i s  s t u d i e s examining  regarding  access  would be n e e d e d  to  in  this files  order  to  r e f o r m s t h a t h a v e been p u r s u e d by t h e  WCB  sc r u t i n y on f i rimer g r o u n d . f o r R e f o r m o f t h e WCE<  t h e minor  t h e i n t r o d u c t i o n of l e g i s l a t i v e  committees  inquiries,  consulting  firms  and  task other  committee  forces, modes  inquiries,  reports of  inquiry  by that  ad  hoc  management seek  to  examine  the r e a l  exceptions,  significance  of t h e B o a r d ' s a c t i o n s .  brokerage p o l i t i c s  have  The  announcement would  soon  employers  most  by  could  of  and  the  get- t o g e t h e r system.  I want t o p u r s u e  board.  The  Zalm  i n -January  of  a  they  isn't  have  to say  Jan.  was  calling  The one  reaction  of mixed  for a full  royal  10 y e a r s o v e r d u e . . . T h e  only  forum  the b e g i n n i n g " , s a i d  praise  commission  the  and  you  idea Ron  the  i s that  if also  (The  Sun.  towards  this  "We  WCB  have  been  for years.  of a c o n f e r e n c e i s Burm, l a w y e r f o r  have  they'll  labour  me  the chairman  where  caution.  into  he  improve  t h e y want more,  and  that  and  the employees  of o r g a n i s e d  an  claimants  much more t h e y ' r e p r e p a r e d t o pay."  11,1988).  proposal  is  how  is  that occured to  i t with the m i n i s t e r  enough and  fact-finding  to  " I t i s something  f r o m t h e e m p l o y e r s and  there  more  1988,  and d i s c u s s ways  advantage  in  of proposed r e f o r m s  representatives say  p r o c e s s of  a r r a n g e a two-day f o r u m where i n j u r e d  workers'compensation today  r e c e n t example  P r e m i e r Vander  some  commonly p r e v a i l e d  recent y e a r s over the r a t i o n a l - a n a l y t i c a l inquiries.  With  It-  good, b u t i t s  L a b o u r e r s ' Union  (Ibid).  Another  recent  Labor, L y a l l  announcement- i n A p r i l  H a n s o n , naming  an a d v i s o r y  problems  and  embraced  by b o t h e m p l o y e r s and o r g a n i z e d  member  complaints  1988,  advisory  associated  committee  was  labor  Board  as t h e c h a i r m a n .  chairman,  committee  as a  w i t h Don  "very able  and  the M i n i s t e r  committee  with the  composed  f r o m b u s i n e s s and  by  labor. of  to look  WCB  was  The  into warmly  thirteen-  representatives  Munroe, a f o r m e r L a b o r Munroe h a s d e s c r i b e d  r e p r e s e n t a t i v e group...I  129  of  Relations the  new  think  i t  demonstrates  that  t h e i s s u e of workers'  traditional  adversarial  (The  April  Sun.  Hanson, 31st,  the 1388,  was  the  WCB  examine employers  can  policies,  The  cautioned meeting  that  "may  the  health  to the  proposed  which  i n the r i g h t  and  Industrial, initiative,  committee  direction  i s the greater  p r o p o s a l does  not  against  go  t h e WCB  i n a more p a r t i c i p a t o r y  o p e r a t i o n s . On  director  Mechanical but argued  was  but  Sun.  that  approach"  of t h e  and A l l i e d that  i tf e l l  towards February  t h e committee  in  Canadian  the  Board's  the national  Association  W o r k e r s (CAIMAW) p r a i s e d s h o r t of a  of  Matkin  f a r enough (The  of  that  involvement  a more c a u t i o u s n o t e , C a t h y W a l k e r , safety  and  d e v e l o p i n g WCB  in  He, n o n e t h e l e s s , e x p r e s s e d o p t i m i s m  result  but t o  workers  i n more o f a d i r e c t o r ' s m o d e l , "  a l l the c r i t i c i s m s  17,1388).  "how  August  (ibid).  seems t o be moving  labor  Lyall  p r e s i d e n t of the Business C o u n c i l  has advocated,  and  Minister  complaints  more e f f e c t i v e l y  employers  by J i m M a t k i n ,  council  business  of  common"  e x p i r e d on  and make r e c o m m e n d a t i o n s on  p r o g r a m s and p r o c e d u r e s "  up  which  cuts across  has i n  Labor  t o look a t i n d i v i d u a l  participate  B.C.: " . . . ( T ) h a t the  According to  of t h e committe,  not  response  summed  l i n e s and i s one e v e r y o n e  7,1388) .  mandate  compensation  royal  of the  commission  (ibid.) . With argued it  that  i f the  t o workplace WCB  by t h e Economic  health  i s committed  must be p r e p a r e d t o comply  review of  respect  Council  government r e g u l a t i o n .  with  and s a f e t y ,  critics  have  to meaningful  reform,  then  t h e r e c o m m e n d a t i o n s o f a 1381  o f Canada  i n t o a number o f  The r e v i e w d e t e r m i n e d 130  that  areas  occupational  health  and  British  Columbia Confederation  in  its  study  necessary allocate  i s one  that  because  1933:  which  failure  resources 1.)  is  of  government of  adequate  (December of  safety  not  over-  Canadian  Unions  intervention  of  market  Employers n e g l e c t  The  (BCCCU) a l l e g e d  in  forces  to occupational  regulated.  this to  area  is  voluntarily  health  and  i s a t t r i b u t e d to a  safety number  factors: e . g . n e i t h e r e m p l o y e r s nor w o r k e r s a r e f u l l y informed about h e a l t h and safety hazards, p a r t l y b e c a u s e o f t h e s i g n i f i c a n t c o s t s of o b t a i n i n g and p r o c e s s i n g e x i s t i n g i n f o r m a t i o n and b e c a u s e much i s n o t known a b o u t o c c u p a t i o nal health hazards p a r t i c u l a r l y ? costs created by o c c u p a t i o n a l d i s e a s e and i n j u r y a r e n o t a l l accounted f o r i n the f i r m ' s b a l a n c e sheet ( p i a r t l y because the o r i g i n of the d i s e a s e , or l e s s f r e q u e n t l y , the i n j u r y , goes u n r e c o g n i z e d . T h i s i s p a r t i c u l a r l y t r u e f o r d i s e a s e s to the p u b l i c r e l a t e d t o p r o d u c t i o n p r o c e s s e s ) ; wages do n o t r e f l e c t a c c u r a t e l y a r i s k po-emiurn f o r h a z a r d l e v e l s i n v a r i o u s k i n d s and p l a c e s of employment, p a r t l y due t o l a c k of l a b o u r m o b i l i t y and l a c k of f u l l employment (ibid.:l-2>. To  successfully  standards market  the failure  mechanisms which  WBC  improve  the  must c o n f r o n t and  can  introduce  achieve  the  present the  health  problems  policies  and  and  resulting  r a n g e of  hazards  - e n s u r e h a z a r d abatement s t r a t e g i e s a p p r o p r i a t e to a d i v e r s e workplace - provide i n c e n t i v e s to employers to make i n v e s t m e n t i n h e a l t h and s a f e t y - p r o v i d e i n c e n t i v e s t o w o r k e r s and e m p l o y e r s t o r e s p e c t h e a l t h and s a f e t y practices  131  from  administrative  following:  - address a broad  safety  - be  responsive  to  change (ibid.:2).  However,  efforts  remain  s t a t e of  way  at  the  Federal  occup<ational  WCB,  but  affect  information fatalities  Province.  training  logging,  and  w o r k e r s and  the  r e f o r m of appointment  of  management  of  public  input.  WCB  requires  that  workers - the  and Board  per  cent  t o be  taken  now  to  lobby  and  of  under the  federal  sky-rocketing  fishing  increase  on  pesticides  created  reports  industries -  since  1936  (The  Social  Credit  WCB  are  serious  introducing  better  safety  not  r u l e s to p r o t e c t  non-union workers  possibilities and  firms  70,000  in these  appear  to  WCB  any  refuse  prospect  conftront  and  of  meaningful  the  main  workers*  So  WCB  with  are the  the  and only  r e f o r m of  and  the  safety,  a l l , for  e m p l o y e r s and  the  affecting  workplace,  to h e a l t h Most of  the  exclusion  concerns  i n the  far,  forces  meaningful  h a z a r d o u s work.  s e r i o u s l y by  task  i n v e s t i g a t e the  unionized  sectors.  remote f o r  committees,  have t a k e n p l a c e ,  Thus the  the  i t s decision-making process.  legislative  that  about  r i g h t t o know a b o u t h a z a r d s  r i g h t to  are  hazardous  newly  to p a r t i c i p a t e in matters r e l a t i n g the  hearings  the  consultant  reformist, a c t i o n s  refused  any-  indicate that  the WCB  the  Public i n B.C.  i n c l u s i o n of in  limits  1333.'),  t h o u s a n d s of  the  far  WCB  standards  11,  tougher  summary,  so  safety  the  safety  construction  - a 23  September and  and  B o a r d has the  and  labour.  Furthermore, recent  deaths  government  organized  farmworkers,  i n the  health because  health  for  system.  worker  right  the  government  which  the  primarily  p a r t i c i p a t i o n by  the  In  reforming  unsuccessful  effective  190  at  critics,  the i t  must p r o m o t e and d e f e n d  a commission  of workers'  i n B.C.,  D.  compensation  Alternatives It  system  a r e made by t h e WCB r e s t s upon  province  doubtful for  disability  the  compensation  range of d i s a b i l i t i e s , Terry  Ison  i twill  system  has  reforms,  system of  are concerned.  that  t h i s s t u d y t h a t no m a t t e r  t o adopt  an unsound  d i s a b l e m e n t means t h a t this  into a l l aspects  t o t h e WCB  s h o u l d now be o b v i o u s f r o m  efforts  of i n q u i r y  remain  compensation  unjust  Currently, will  meet  because  the f a c t  that for  workers basic  in  human  i t c o n c e n t r a t e s on a  are need  limited  r a n g e o f a c c i d e n t s . As  argued,  contends  human  B.C.  The s y s t e m involves broadscale injustice and w a s t e , and much o f t h i s r e s u l t s f r o m t h e d i f f i c u l t i e s of d i s t i n g u i s h i n g d i s a b i l i t i e s t h a t a r e compensable from t h o s e t h a t a r e n o t . T h i s p r o c e s s a l s o i n v o l v e s d e l a y and s o m e t i m e s adversarial conflict, b o t h o f which haven e g a t i v e impacts on t h e p s y c h o l o g i c a l s e c u r i t y o f a d i s a b l e d w o r k e r , and hence may a g g r a v a t e t h e d i s a b i l i t y C1936: 27.) Ison f u r t h e r  the  as f a r as workers i n  the  and upon a l i m i t e d  what  that:  P e r h a p s t h e most f u n d a m e n t a l p r o b l e m i s t h a t w o r k e r s * c o m p e n s a t i o n r e s t s , and a l w a y s h a s r e s t e d , on a f a l s e a s s u m p t i o n . I t assumes t h e f e a s i b i l i t y o f c l a s s i f y i n g human d i s a b i l i t i e s and d e a t h s by r e f e r e n c e t o c a u s e s . I t assumes t h e f e a s i b i l i t y of d i s t i n g u i s h i n g d i s a b i l i t i e s t h a t r e s u l t , f r o m employment f r o m t h o s e t h a t do n o t . The a s s u m p t i o n i s a b s u r d , and y e t i t h a s been r e t a i n e d t h r o u g h o u t t h e y e a r s w i t h Ei 11 t h e c o n s e q u e n t i a l i n j u s t i c e s , i n c l u d i n g t h e d e n i a l o f c o m p e n s a t i o n t o many w o r k e r s whose d i s a b i l i t i e s p r o b a b l y d i d r e s u l t f r o m t h e i r emp1oyments ( i b i d . ) .  In  response to the m a n y policy and structural problems that  have plagued the WCB,  critics and labour leaders alike  have m a d e  recommendation upon recommendation on ways to prevent injuries in the workplace. Cathy Walker, health and safety expert for the C C U has  even  with  recommended that the W C B be dismantled  a universal disability system that  would  and replaced  compensate all  people w h o get hurt regardless of the case or injury. a system, B.C.,  the functions of the WCB,  Canada  combined  Pension  Benefits  into a single system.  Under such  the Insurance Corporation of  and other  schemes  would be  Based on the current N e w Zealand  model, which operates at about one - third the W C B budget, this system  would  suffering  a m o n g  eliminate workers  competing (CCU.  bureacracies  July  3,  and  1380SS).  Woodhouse, the designer of the N e w Zealand model,  avert  Sir  O w e n  is quoted by  I son as having said that: Short sighted answers are bound to follow from short- sighted methods of examination. It is even worse if the sweep and philosophy and the broad purposes of such a project are ignored in favour of the sheer pragmatism of the m o m e n t (133S: 25.'). The  implication  economy is that: be  forced  injury  of this model for British Columbia's industrial " N o longer would disabled or other  to fight with an administrative agency  individuals because the  did not fall within the perimeters of the first  jurisdiction" (CCU. persistent occupational transferred jurisdiction  July 13,  1380: 6). Under such a model, the  demand m a d e by labor critics that all  authority  health and safety for workers employed in to the  W C B , would be  for occupational  agency's  fulfilled.  be  (At present the  health and safety  134  B.C.  for  is scattered  among  a  variety  Occupational the  Environment  Ministry  Petroleum  of m i n i s t r i e s Branch,  of H e a l t h ,  and  B.C.  support  for  Federation universal  artists,  are presently  who under  the  who  recently  Bluman,  t h a t f o u n d t h e WCB the  negligent. if  won  t o be  sue  employers  She. i s  p r e s e n t Workers'  and off  most  like  is  elected,  B.C.  and  expressed  its  including  performers,  the d e f i n i t i o n Act.  where  in violation  the  could  labour Act.  i s not d i s p l e a s e d  It i s considered of  i t s kind  to a universal New  be p r e p a r e d t o f u l f i l l  while  a universal  Credit  compensation Democratic  with  i n North  among  America.  revisions labour  is  Party with a  s y s t e m . However, Party  (NDP),  or g u a r a n t e e such a  compensation  the  provisions,  wholesale  f o r i s t h e r e p l a c e m e n t of t h e S o c i a l  sum,  is  survive  t o be  A c t a r e v i e w e d a s u n d e s i r a b l e . What o r g a n i s e d  would  the  to sue.  t o s e e numerous c h a n g e s , any  the  to  employer  an o v e r h a u l e d WCB  legislation  whether  the  Barbara  advocates a return  for injuries  and  Supreme C o u r t d e c i s i o n  labour does not agree with a l l i t s  uncertain  of  Lawyer  u n r e a s o n a b l e " and  justice",  organized  government committed  In  "patently  the r i g h t  progressive  would  calling  it  a landmark  Compensation  organized  the  Mines  workers,  workers,  Compensation  convinced that  Nonetheless,  While  Labour  Transportation,  has  all  e x c l u d e d from  Workers'  w o r k e r s were g i v e n  the  of  of E n e r g y ,  (BCFL)  for  domestic  " r u l e s of n a t u r a l to  Labour  coverage  fisheries,  right  the M i n i s t r y  the M i n i s t r y  of  farmworkers,  of  M i n i s t r y ' s of  resources.') .  The  worker  s u c h as t h e  system  is  if  system.  viewed  by  some,  organized  solution  labour  in  to the problems t h a t a f f l i c t  relations  experts  industrial  s a f e t y . They a r e  the-worker* as  an  branches  (Globe  of  and  shift  approach  to achieve  reduce or  industrial  dealing from a  which  process.  a manaigemerit-styled  industrial  psychology,  example  in  order  and  with  'blame-  treats safety  "Only  when  productivity  eliminate  the  (the and  design  a p p r o a c h work  of  Japanese  all and  accidents"  i n Canada.  can  be  of  philosophy workplace),  engineering  i n c r e a s e both  i n d u s t r i e s are  successful application  obstacles  the  industrial  However, i t r e m a i n s u n c l e a r  economic  quality-control  t o r e d u c e a c c i d e n t s and  production.  of  philosophy. and  of  ergonomics  morale  in  genuine  M a i l . A u g u s t 29,1988.) T h i s a p p r o a c h f u r t h e r c a l l s f o r  combines  safety,  only  operations,  a  the p r o d u c t i o n  p o s s i b l e to  the  philosophy  proposing  to a h o l i s t i c  p a r t of  i t be  the a p p l i c a t i o n that  a new  as  WCB  g o v e r n m e n t work t o g e t h e r  will and  advocate  approach  integral  quality  particular,  such  cited a  in order  to  workeras  an  management  whether p o l i t i c a l ,  overcome  and  make  social this  Footnotes British Columbia C o u n c i l C o n f e d e r a t i o n of Canadian U n i o n s "Submission; S e c o n d D r a f t Amendments t o t h e WCB's I n d u s t r i a l H e a l t h and S a f e t y R e g u l a t i o n s " . B.C., December, 1383. Doern, G.B., McMillan, G l o b e and  The E'egkUlst-ory; 1373." "  M a i l . A u g u s t 29,  EProcess  in  Canada^,  Toronto:  1388.  Friedmann, A. K. "The I n s i d e S t o r y . " V a n c o u v e r : B.C. of L a b o u r C o n f e r e n c e , September 29, 1986. Hardwick, J. "The Identification J n i v e r s i t y of B . C . , May, 1380.  of  Industrial  Federation  Disease."  Ison, T.G. "Policy A l t e r n a t i v e s to Present Structures". Vancouver: C o n f e r e n c e on Workers* C o m p e n s a t i o n o r g a n i z e d by t h e B.C. F e d e r a t i o n of L a b o u r , September 23,1986. Manor., R. Canadian P u b l i c Pol i c y : The U n e q u a l S t r u c t u r e o f Re p r e sen t a t ion . In I Pani tch , ed„, The Canadian State.. T o r o n t o : U n i v e r s i t y of T o r o n t o P r e s s , 1977 O f f i c e of t h e Workers* A d v i s o r s . "Submission to the Advisory Committee on the Structure of the Workers* compensation Board. " M i n i s t r y o f L a b o u r and Consumer S e r v i c e s , June 24, 1988. Pan i t c h , L. The Canadian State_: P o l i t i c a l Economy P o l i t i c a l Power.. T o r o n t o : U n i v e r s i t y of Toronto,, 1977.  and  R e s c h e n t h a l e r , G.Ei. O c c u p a t i o n a l H e a l t h and S a f e t y i n Canada... M o n t r e a l : I n s t i t u t e f o r R e s e a r c h on P u b l i c P o l i c y , 1973. The P r o v i n c e . September 11, 1383. The  Vancouver Sun. _  February  „ O c t o b e r 31,  17,  1988.  1388.  APPENDIX  I  SCHEDULE B Section  Description of  1.  Poisoning  6(4)  of  Workers'  Compensation A c t of B r i t i s h Columbia  Description of Process  Disease  or  Industry  by:  (a)  Lead  Where t h e r e  is  an e x p o s u r e t o l e a d o r l e a d compounds.  (b)  Mercury  Where t h e r e  is  an e x p o s u r e t o m e r c u r y  or  mercury  (c)  Arsenic  1s an e x p o s u r e t o a r s e n i c  or  arsenic  (d)  Cadmium  an e x p o s u r e t o cadmium o r  cadmium  compounds. or  Where t h e r e  arslne  compounds. Where t h e r e  is  compounds. (e)  Where t h e r e  Manganese  i s an e x p o s u r e t o manganese  or  manganese  compounds. (f)  Phosphorus,  phosphine  o r due t o the  anti-  cholinesterase action of  organic  p h o s p h o r u s compounds (g)  Organic solvents hexane,  carbon  chloride, ethane,  Where t h e r e  an e x p o s u r e t o p h o s p h o r u s compounds.  (n-  tetra-  trlchloro-  trfchloro-  ethylene,  acetone,  benzene,  toluene,  x y l e n e and  others)  (h)  Carbon monoxide  (1)  Hydrogen  (j)  N i t r o u s fumes  Where t h e r e  1s e x p o s u r e t o o r g a n i c  Where t h e r e  1s e x p o s u r e t o p r o d u c t s o f c o m b u s t i o n , o r  other  cluding  sulphide  Nitriles,  1s e x c e s s i v e e x p o s u r e t o hydrogen  Where t h e r e  is  sulphide.  (In-  excessive exposure t o n i t r o u s  the oxides o f  fumes  nitrogen.  hydrogen  or  soluble  its  salts  Where t h e r e  1 s e x p o s u r e t o c h e m i c a l s c o n t a i n i n g -CN g r o u p  including certain (1)  Where t h e r e  Phosgene  its  pesticides.  1s e x c e s s i v e e x p o s u r e t o phosgene  occurrence  as a breakdown p r o d u c t o f  Including  chlorinated  c o m p o u n d s by c o m b u s t i o n . (m)  Other  toxic  stances  any  source o f carbon monoxide.  Where t h e r e  including  cyanide  solvents.  silofiller's  disease)  (k)  is  subWhere t h e r e mists,  i s exposure t o such t o x i c g a s e s ,  fumes o r  .138  dusts.  vapours,  2.  I n f e c t i o n caused  by:  (a)  Psittacosis  virus  (b)  Staphylococcus  Where t h e r e  is  established contact  ornithosls-1nfected avian  Salmonella Hepatatis  organisms, B virus  Employment where c l o s e and f r e q u e n t c o n t a c t w i t h a  employment (1)  the  the  source  has been e s t a b l i s h e d and  the  necessitates: nursing or examination of  or  w i t h p a t i e n t s o r 111 p e r s o n s ;  or  (2)  the a n a l y s i s  (3)  research  o r t e s t i n g o f body t i s s u e s o r f l u i d s ;  into salmonellae, pathogenic  or Hepatitis  (Undulant  Infection  treatment,  interviews  Brucella  species or m a t e r i a l .  aureus,  or sources of  (c)  with  B  or  staphylococci  virus.  organisms fever)  Where t h e r e  is  contact with animals, carcasses  or  animal  by-products.  (d)  Tubercle bacillus  Employment where c l o s e and f r e q u e n t c o n t a c t w i t h a or sources of tuberculous Infection  has been  and t h e employment  necessitates:  (1)  nursing or examination of  the treatment, interviews  with patients or i l l  (2")  the a n a l y s i s  (3)  research (1)  persons;  source  established  or or  or t e s t i n g o f body t i s s u e s o r f l u i d s ;  I n t o t u b e r c u l o s i s by a w o r k e r w h o :  when f i r s t e n g a g e d , o r ,  after  an a b s e n c e  e m p l o y m e n t o f t h e t y p e s m e n t i o n e d 1n  from  these  r e g u l a t i o n s f o r a p e r i o d o f more t h a n one when r e - e n g a g e d i n s u c h e m p l o y m e n t was from evidence o f t u b e r c u l o s i s ; (ii)  or  free  and  c o n t i n u e d t o be f r e e f r o m e v i d e n c e  of  t u b e r c u l o s i s f o r s i x months a f t e r b e i n g  so  employed ( e x c e p t 1n p r i m a r y t u b e r c u l o s i s p r o v e n by a n e g a t i v e employment).  In  tuberculin test at  t h e c a s e o f an  as time  become i n a c t i v e period of  and has  has  remained i n a c t i v e  for  t h r e e y e a r s o r more s h a l l  disability for  unless the worker i s  not  still  engaged  the d i r e c t  139  the  result of  Act,  in 1s  the subsequent t u b e r c u l o s i s the t u b e r c u l o s i s f o r  t h e w o r k e r has been c o m p e n s a t e d .  a  be  the purpose of the  employment l i s t e d above o r the Board s a t i s f i e d that  any  the disease  deemed t o h a v e o c c u r r e d a s a r e s u l t o f original  of  employee  p r e v i o u s l y compensated f o r t u b e r c u l o s i s , subsequent t u b e r c u l o s i s a f t e r  year,  is which  Pneumoconiosls: (a)  Silicosis  Where t h e r e  Is  exposure to airborne  m e t a l l i f e r o u s m i n i n g and c o a l (b)  Asbestosls  Where t h e r e  is  (c)  Other penumoconloses  Where t h e r e  1s exposure t o  beryllium, known t o  .  silica  dust  mining.  exposure to airborne asbestos the a i r b o r n e  tungsten carbide,  produce f i b r o s i s of  Including  dust.  dusts of  aluminum or o t h e r the  coal,  dusts  lungs.  Cancer: (a)  Carcinoma of  the  lung  when a s s o c i a t e d  with  asbestosls (b)  (pleural  or  is  exposure to airborne  asbestos  dust.  Where t h e r e  is  exposure to airborne  asbestos  dust.  Where t h e r e  is  exposure to airborne  asbestos  dust.  perito-  neal) (c)  Where t h e r e  Mesothelioma  Carcinoma of larynx  or  the  pharynx  a s s o c i a t e d wi th asbestosis (d)  Gastro-intestlnal cancer  (including  primary  cancers  associated with oesophagus, small  all  the  stomach,  bowel,  colon,  and rectum  (excluding  the  anus),  and  out  regard to  site in  of  the  the  the  cancer  gastro-  intestinal the  with-  tract  or  histological  structure of  the  cancer)  Where t h e r e  is  p e r i o d between the  exposure t o asbestos  gastro-intestinal  of (e)  Primary the  cancer  lung  the  cancer  o r p e r i o d s a d d i n g up t o ,  continuous exposure to asbestos represents  1f  during  the f i r s t exposure to asbestos  diagnosis of  a period of,  dust  or i s  occupational  activity  20 y e a r s  d u s t and such  a manifestation of  the major  i n which  it  dust  there  the and  has of  exposure component  occurred.  of Where t h e r e (1)  nickel (2)  is  aerosols  prolonged exposure  and gases  or t h e i r  compounds;  bis(chloromethyl)ether;  140  to:  containing arsenic,  or  or  been  chromium,  (3)  the  dust of  products; (4) (f)  Leukemia  or  particulate  Where t h e r e Ionizing  Primary the  cancer  is  cancer  of  urinary ureter  prolonged exposure to benzene  prolonged contact  or c u t t i n g o i l s  or  or prolonged exposure  cancer  of  is  prolonged exposure to  or  to  solar  the  s i n u s e s Where t h e r e  Angiosarcoma of  is  prolonged exposure to d u s t s ,  including cardiac  or  arrhythmia,  1s e x p o s u r e t o v i n y l  hard  fumes  or  woods.  chloride  monomer.  attack,  disease  of  heart  coronary  arteries  Where t h e w o r k e r  Asthma  Where t h e r e  is  (1)  western  red cedar  (2)  isocyanate  (3)  the  dust,  organic  Extrinsic  is  employed as  exposure  or  or gases;  fume o r v a p o u r s  material  firefighter.  to:  dust;  vapours  a  of  or other  known t o c a u s e  chemicals  or  asthma.  allergic  alveolitis farmers'  of  or  pericardium, or  dusts  disease  heart  arrest  o r the  the Where t h e r e  injury  beta-naphthylamine,  the  1 iver  7.  products,  4-nitrodlphenyl.  mists containing nickel  6.  tar  light.  Where t h e r e  nose or nasal  the  with coal  renal  mucous l i n i n g o f  muscle  to  bladder,  Primary  Heart  or  the  benzidine,  5.  hydrocarbons.  of  pelvis  U)  aromatic  epithelial  lining  (i)  polycyclic  is  ultra-violet  the  decay  radiation.  Where t h e r e  skin  Primary  its  of  arsenic  (h)  or radon gas and  pre-  leukemia  (g)  uranium,  or  (including  lung  and  mushroom w o r k e r s '  lung)  Where t h e r e dusts.  Hi  Is  repeated  exposure  to r e s p i r a b l e  organic  8.  Respiratory  Where t h e r e  Irritation  1s e x c e s s i v e e x p o s u r e t o a g a s ,  fume o r d u s t o f a c h e m i c a l causative  9.  Metal  fume f e v e r  of  Where t h e r e  respiratory  is  vapour,  or other material  mist,  ordinarily  Irritation.  exposure to the  fume o f  zinc  or  other  metals.  10.  Fluorosis  Where t h e e i s  exposure t o high concentrations of  o r f l u o r i n e compounds I n  11.  Neurosensory  hearing l o s s  Where t h e r e  gaseous  or particulate  is  prolonged exposure t o excessive  is  excessive f r i c t i o n ,  fluorine form.  noise  levels.  12.  Bursitis  Where t h e r e the bursa  13.  Tenosynovitis,  tendinitis  hand, l e g or foot  1s  14.  Decompression sickness  Where t h e r e  1s e x p o s u r e t o  15.  Contact dermatitis  Where t h e r e  is  use o f  Vascular disturbances  Where t h e r e at  Radiation  injury  affected  Increased a i r  excessive exposure to  pressure.  Irritants, of  allergens  dermatitis.  of  the e x t r e m i t i e s  17.  the  required.  or sensitizers ordinarily causative 16.  on  involved.  Where u n a c c u s t o m e d a n d r e p e t i t i v e arm,  rubbing or pressure  low  is  prolonged exposure to excessive  vibrations  temperatures.  or  disease: (a)  Due t o  Ionizing  radiation (b)  Where t h e r e  1s e x p o s u r e t o  Ionizing  Where t h e r e  is  Where t h e r e  i s excessive exposure to  radiation.  Due t o n o n - 1 o n 1 z 1 n g radiation:  (i)  conjunctivitis, keratitis  (ii)  cataract thermal  or  light,  other  damage  to  t h e eye  or l a s e r 18.  exposure to u l t r a - v i o l e t  Erosion of Incisor  teeth  Infra-red,  microwave  radiation.  Where t h e r e  is  exposure t o a d d  fumes o r m i s t .  S o u r c e : Husman, K.R.H. O c c u p a t i o n a l D i s e a s e i n B.C.: F r e q u e n c y . D i s t r i b u t i o n a n d I m p l i c a t i o n s f o r P r e v e n t i o n . U n i v . o f B.C., 1 9 8 3 .  142  APPENDIX 2  Penalty Assessments l e v i e d against Industry f o r the years, 1970 - 1975  Penalty Assessments  T o t a l Ho..  1970  1971  7  39  1972  1973  37  Estimated T o t a l Penalty Costs '  125  $ 40,000  1  Estimated Average Penalty Costs ' '  1974  $  320  1975  253  $190,000 $  232  $380,000  750  N/A*  Estimated T o t a l No. of Observed: V i o l a t i o n s (Inspector's Orders)  30,186  29,622  27,334  44,463  44,417  51,187  Reported New Yfork I n j u r i e s  96,645  109,186  117,211  129,282  145,908  135,324  T o t a l Reg. Employers  44,349  46,564  49,717  52,907  55,176  57,399  * N/A since a s u b s t a n t i a l proportion of t o t a l penalty costs are a t t r i b u t a b l e s o l e l y to one employer, Cominco.  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