Backlog Cleared

A backlog of 2,400 workers' compensation appeals cases has been eliminated in accordance with legislation passed in April 1999. The cases were before the Workers' Compensation Appeals Tribunal.

In amendments made to the Workers' Compensation Act last year, several provisions were enacted to deal with the backlog. Decisions had to be rendered within 60 days, they had to be brief and concise and a definition of chronic pain -- with accompanying rules for the awarding of appropriate benefits -- was provided.
The appeals tribunal also became the responsibility of the justice minister.

"This is an issue that concerns me greatly," said Justice Minister Michael Baker. "I pushed hard for this legislation when I was in opposition and as minister responsible, I've ensured action was taken."

There are two appeals that have not been decided due to a legal challenge now before the Nova Scotia Court of Appeal. These appeals deal with the constitutional validity of one aspect of the act. The tribunal will deal with these once it has heard from the court. There are 60 appeals that have not been decided because the Workers' Compensation Board put them on hold.

The backlog was eliminated thanks to a strategy developed by the tribunal, including an Alternative Dispute Resolution program, which settled more than 200 appeals; standardized decision formats; decisions directed to appeal commissioners based on the type of appeal; briefer decisions; and targets carefully set and closely monitored. In addition, the tribunal increased its complement of appeal commissioners to deal with the backlog.

Another objective of the strategy was to ensure a backlog of new appeals was not created. The appeals tribunal is now able to settle new appeals within five months, and today there are less than 50 appeals awaiting decisions.

"The Workers' Compensation Appeals Tribunal is to be commended for making this happen," said Mr. Baker. "They led what was a truly co-operative effort with employers, the Workers' Compensation Board, the Workers' Advisers Program and the workers themselves in eliminating the backlog. It's an important milestone."