Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis - THE OFFICIAL PUBLICATION OF ...
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THE OFFICIAL PUBLICATION OF VRA CANADA SPRING 2017 Basic Governance for Associations Lobbying and Lobbyists Continuing Education Credits Income Loss Damages Analysis Spring 2017 ➤ Rehab Matters ➤ 1
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Providing ProvidingEducation Providing Education Education CAMPUS CAMPUSLOCATIONS CAMPUS LOCATIONS LOCATIONS Since Since1985 Since 1985 1985 TORONTO, TORONTO,ON TORONTO, ON ON SURREY, SURREY,BC SURREY, BC BC MONTREAL, MONTREAL,PQ MONTREAL, PQ PQ ON: ON:1.800.458.7473 ON: 1.800.458.7473 1.800.458.7473 BC: BC:1.888.546.2886 BC: 1.888.546.2886 1.888.546.2886 PQ: PQ:1.877.725.6026 PQ: 1.877.725.6026 1.877.725.6026 www.lovecars.ca 2www.lovecars.ca www.lovecars.ca ➤ Rehab Matters ➤ Spring 2017
OFFICIAL PUBLICATION OF: ➤ CONTENTS President’s Message Editor’s Message Basic Governance for Associations – Are We Having Fun Yet? 4 5 12 VRA Canada 3-247 Barr Street Betty Thompson 6 16 Renfrew, Ontario K7V 1J7 Lessons Learned – Integration of Economic 1-888-876-9992 and Vocational Counseling Reports for use in www.vracanada.com Income Loss Damages Quantification Analysis Mathew Rose, Kateryna Shpir, Elena Morelli 10 Publisher Megram Lobbying and Lobbyists 3-247 Barr Street Paula Roy 12 Renfrew, Ontario K7V 1J7 1-613-432-9491 Continuing Education Credits www.megram.com Shelley Smilek 14 Managing Editor Absenteeism Bob Cross The Effect of Gender, Age and Time of Year on Employee Absence Due to Disability Writer/Editor Hamza Noor 16 Paula Roy Rehab and Ethnicity Graphic Design/Layout Disparities between Rehabilitation Services Patti Moran and Ethnic Minority Populations Amy Ng 18 18 Advertising Mait Ainsaar Whistleblowing in Canada Paula Roy 20 Rehab Matters is published four times Why Become a CCVE annually. Opinions expressed herein Jennifer Griffiths 22 do not necessarily reflect the policies of the Vocational Rehabilitation How Laws are made in Canada Association of Canada. Paula Roy 24 Government Contacts Relevant to VRA Canada 28 UPCOMING ISSUES Cover Photo by Summer – May 29 Tonia Snow Fall – Aug. 28 Winter – Nov. 27 *Dates are subject to change without notice For information about advertising, in upcoming issues, contact 20 Mait Ainsaar mait@vracanada.com 24 Spring 2017 ➤ Rehab Matters ➤ 3
➤ FROM THE PRESIDENT ➤ The latest VRA board has been up and with you through a variety of commu- profession at the heart of decision running since November and we have nication channels going forward. Your making. This group has accomplished accomplished a lot. Some of our activ- input and feedback will be important a lot in three months but we have a lot ities included: to the discussion. more work to do. A lot of our board are ➤ Set up volunteer committees Speaking of input, we would love doing double and triple duty by not focused on Education, Com- to hear from you. We are interested only sitting on the board, but also by munication, Research, Desig- in ideas about how we can best share leading and serving on multiple com- nation, the 2017 Conference information and connect with you. Do mittees. We are a committed group in Montreal, Government you like the weekly e-blast Bulletin? who love our profession and we look Relations, and CEUs; Would you prefer to receive tweets? forward to connecting with you! ➤ Launched and completed the Review Facebook posts? Please let us 2017 membership drive; know how we can best reach you. We Tricia Gueulette ➤ Finalized new contracts with have received some feedback through President Megram as VRA’s manage- the revamped website, and we encour- ment company for 2017; age you to connect with us in whatev- ➤ Worked with the Societies to er way suits you the best. If you pre- expand the “opt-in” insur- fer email, you can reach me directly at ance plan through VRA; president@vracanada.com. ➤ Completed a financial review Our association continues to be a and set up a Special Meeting strong and vibrant voice for vocational in February to update VRA rehabilitation in Canada with approxi- members; mately 1700 members. I encourage you Manitoba AGM ➤ Posted VRA board of direc- to get involved if you can. We are look- tor meeting minutes on our ing for your ideas. What areas would website, available for viewing you like to see our research committee when you log into your VRA focus on? What topics would you like account under the “About to see more information on through our March 14, 2017 Us” section. education offerings? Do you have sug- gestions for our government relations The board is highly focused on committee to pursue or ways they can Come out and cast your vote VRA’s vision of being the acknowl- become involved in your province? Meet Tricia Gueulette, edged Centre of Excellence for vo- All of this will help VRA Canada grow National President of cational rehabilitation in Canada. To and expand through increased mem- VRA Canada this end, we will be discussing VRA’s ber-services and relevancy. strategic plan, the VRA and CVRP re- I am very grateful to all of our board It’s a great Q & A opportunity lationship and VRA’s bylaws at our members and their willingness to going right to the top! upcoming board meetings. These top- work through challenging issues with Norwood Hotel, Winnipeg ics have a rich history to explore, and professionalism and respect while al- we will be sharing that information ways keeping our members and our 5:00 to 7:00 pm 4 ➤ Rehab Matters ➤ Spring 2017
➤ FROM THE MANAGING EDITOR Welcome to the first issue of Rehab Matters since the fall of 2015! Faced with increased postage and printing costs, the Board of Directors agreed to publish both this quarterly material or to suggest an expert who might be interested in doing so. Our themes are ➤ Summer Issue: PTSD in the Workplace magazine and the VOICE Newsletter ➤ Fall Issue: Pot, Weed, Grass – in page-turning format on the web- A Budding Issue site. ➤ Winter Issue: Ethics and the Rehab Matters and VOICE, the Professional You VRA quarterly newsletter, were both Finally, if you have not yet registered given a new life a few months ago and for our Annual Conference in Montre- we are all anxious to build both into al, now is the time to “Move Forward”. valuable publications that offer mem- bers the opportunity to publish and Bob Cross share best practices. Managing Editor We have established basic terms of reference for the new Editorial Board and those interested are encouraged to currently consisting of Robert Allen, apply. Hamza Noor and Tamara Bilec. A call Basic themes for the three remaining for nominations to fill two vacancies 2017 issues have been set and mem- can be found elsewhere in this issue bers are encouraged to submit relevant Progressive Goal Attainment Don’t miss out Program (PGAP) on the opportunity Join a growing number of rehabilitation providers worldwide who to enroll in one of have been trained to deliver the Progressive Goal Attainment Program (PGAP®). Increasingly, injury and disability insurers are requesting our 2017 workshops the services of PGAP-trained providers. PGAP is a standardized, evidence-based program for targeting psychosocial risk-factors for Australia delayed recovery. PGAP has been shown to be an effective treatment for promoting successful return-to-work in individuals with a wide July 14 & 15, 2017 range of debilitating health and mental health conditions. Sydney, NSW, Australia Canada In this 2-day skills-training workshop, you will learn techniques to assess and effectively target psychosocial risk factors such as March 24 & 25, 2017 catastrophic thinking, perceived injustice, exacerbation fears, and Halifax, Nova Scotia, Canada disability beliefs. The workshop is led by Professor Michael Sullivan, November 24 & 25, 2017 developer of the Pain Catastrophizing Scale and the Injustice Toronto, Ontario Experiences Questionnaire. Engaging didactic presentations and video depictions of clinical interactions are used to describe and United States demonstrate all the clinical tools of PGAP. September 15 & 16, 2017 - Labor and Industry (L&I)* Tumwater, Washington PGAP training is a lecture-based workshop with video support *For this workshop, registration opens February 18, 2017 for WA materials. It is open to rehabilitation professionals such as residents only. For all other States registration opens May 01. occupational and physical therapists, rehabilitation counsellors, November 17 & 18, 2017 kinesiologists, social workers, nurses and medical practitioners. San Antonio, Texas www.PGAPworks.com Register now! Spring 2017 ➤ Rehab Matters ➤ 5
Are we having fun yet? Betty Thompson, FCPA, FCGA, board members serve in a position of tion and openness. The members of Partner, Calvista LLP trust to ensure the purpose of the orga- the Association have a responsibility nization is respected. They fulfill their to review information sent to them The path to becoming a board mem- role by developing policy and ensuring from the Association, participate in ber of an Association is sometimes the implementation of policy; they also the AGM as notified and participate well considered and thoughtfully un- monitor and revise policy when it is in consultation about the future of the dertaken, but in some cases, we get not achieving the intended outcomes. organization. caught up in the moment or commit to The processes and practices under- Good governance considers the a board role because of the person ask- taken by the board of a specific Asso- structure of the organization for gov- ing. As a result, we might not always ciation will depend on the size and ernance functions to be carried out in know the implications of what we are character of the entity governed and a thoughtful and timely fashion and taking on. Being a board member is the environment in which it works. result in organizational effectiveness. not simple; it can be unpredictable, One approach will not fit every orga- The board may delegate some of its frustrating, stressful and confronta- nization. authority to other levels in the orga- tional while at the same time fulfilling, The Association is the vehicle; the nization. There are three main levels exciting and energizing. statutes, bylaws and government laws of authority in most organizational provide the frame. The board is the structures: Background driver and the membership, its pas- ➤ Governance – carried out by An Association is a legal corporate en- sengers. the board; tity that is separate from its members ➤ Management – carried out by and directors (the board) and even if Principles of good governance a paid staff or by an executive membership changes, the Association The board of an organization works committee or other commit- stays the same. An Association may in- together to: tee(s) of the board; and corporate federally or provincially and ➤ Participate actively in setting ➤ Implementation of activities/ the decision is made based on the loca- direction; programs – carried out by tion of the organization’s activities. In- ➤ Focus on the whole organiza- volunteers and/or paid staff. corporation limits the members’ legal tion, not specific parts; liabilities. Each province has different ➤ Work together to achieve the Performance standards for legislation for incorporating an Asso- mission; board members ciation. ➤ Speak with one voice after a When individuals join a board of di- A board of directors (governors) is decision has been made; rectors and participate in the gov- elected by the membership to ensure ➤ Engage in approving policy ernance of the related organization; that the Association complies with the and monitoring impact; there are standards they commit to requirements of the legislative statute ➤ Hire and supervise one em- when elected: under which the organization is incor- ployee (for example, Execu- ➤ Abiding by Association porated. This includes holding an an- tive Director, CEO); and bylaws, including meeting nual meeting of members and adher- ➤ Create a structure that allows attendance expectations; ing to the bylaws of the organization. the board as a whole to avoid ➤ Being prepared for and ac- An important requirement of Associ- management and operational tively participating in discus- ations is to file an annual return and decisions. sions and voting at meetings; financial statements with the incorpo- ➤ Using skills and knowledge rating body on an annual basis. Good governance ensures the board brought to the board in deci- has the capacity to ensure good stew- sion-making; What is governance? ardship of the property and funds of ➤ Promoting positive working The board of directors takes on the de- the Association as well as being able to relationships with each other, cision-making for the entity. The board fulfill the legislative requirements of and with members, volun- determines how to exercise its author- its role. teers, staff and other stake- ity as well as how to control and di- Good governance provides ac- holders; rect the actions of the Association. The countability, transparency, participa- Continued on next page Spring 2017 ➤ Rehab Matters ➤ 7
Continued from previous page Board members also have a moral re- TYPES OF BOARD POLICY sponsibility to: Framework ➤ Maintaining confidentiality of ➤ Want to serve on the board; This is the broadest policy area. Frame- board business; ➤ Endorse the vision, mission work policies focus on results. Frame- ➤ Acting in the best interests of and values of the organiza- work policies include vision, mission, the Association; tion; values, and strategic directions. ➤ Handling conflict of interest ➤ Believe in the importance and situations as per board policy; value of the organization; and Board self-governance and ➤ Support the growth and de- This policy area focuses on how the ➤ Speaking positively of the velopment of the board will govern and how it will Association to the public. organization. organize itself to get its work done. Many policies in this area are relat- Legal and moral responsibilities of In fulfilling the responsibilities of a ed to requirements in bylaws of the a board member board member, individuals need to be Association. Policies include conflict Board members have an obligation to dis- aware of their legal responsibilities, the of interest, code of conduct, meeting charge their duties in a positive, responsi- policies that are in place to guide the process, role of the board, role of in- ble manner, including the following: actions and behaviors of both board dividual members of the board, terms ➤ Duty of knowledge – know members and staff and volunteers and of reference for committees – standing and understand the bylaws, pledge to manage the affairs of the As- and ad hoc – and strategic planning mission, vision, values, and sociation as they would their own. process. goals of the organization; ➤ Duty of care – act honestly in What is board policy? Operational governance good faith in the best inter- Board policies are a series of guidelines This policy area directs the organiza- ests of the organization and for future action that expresses the will tion’s programs and services, person- exercise the care and due dil- of the board. They are a mechanism nel and financial resources. These pol- igence that a reasonable, pru- for the board to delegate authority icies also set the rate of progress the dent person would exercise in while maintaining control. Board pol- organization takes towards its vision. comparable circumstances; icies can be identified in a variety of There are four categories of operation- ➤ Duty of diligence – review categories. How the policies are orga- al governance: program; personnel; meeting agendas and accom- nized may be different depending on financial; and advocacy. Program and panying materials, attend the type of board the Association has. personnel policies are specific to each meetings, review and com- The main types are a policy board, an Association; for example, a staff eval- ment on meeting minutes administrative board or a combination uation process. to ensure accuracy, vote on of the two. Organizations go through In the financial and advocacy areas, all issues unless prohibited phases as they grow so there may be there are some common things to consid- (conflict of interest), and take changes to the board type as the or- er when developing policy to fulfill the action to preserve the integ- ganization matures. A policy board board function in these areas. To fulfill rity and reputation of the would usually have a paid staff person the financial governance function there organization; to implement the policies of the board. should be policies to ensure: enough ➤ Duty to manage – appoint An administrative board has a more resources to operate the organization; officers, establish and mon- hands on approach to governance and facilities are maintained and meet the itor policies, comply with may have minimal or no paid staff so organization’s needs; financial reporting legal requirements, and would also be involved in implemen- is in accordance with bylaws; and ap- acquire adequate knowledge tation as individual board members. propriate internal controls are in place to of the organization’s ongoing affairs; ➤ Fiduciary duty – accept this is a position of trust to exercise Betty Thompson, FCPA, FCGA power and affect the future provides consulting services in board of the organization, under- governance and financial management stand conflict of interest and to a variety of non-profit organizations. requirements for disclosure, She has been a board member serving and refrain from voting if boards of many types of organizations. there is a conflict; and Betty is currently a partner at Calvista ➤ Duty to act in scope of au- LLP in Calgary and provides audit- thority – be aware of inherent ing and consulting services to a broad limitations on the activities range of non-profit clients. of the organization as per its statute of incorporation. 8 ➤ Rehab Matters ➤ Spring 2017
protect the assets of the organization. tion to the community, government ticipating as a member of a board can To fulfill the advocacy governance and other stakeholders; support the be enjoyable and very satisfying. If function there should be policies organization’s work in the commu- passion and energy are brought to the that: interpret the organization’s nity; participate in clarifying and re- role, the board is better able to ensure beliefs to the community and en- solving issues; and develop policies the foundational structure will sup- courage support; develop commu- describing the organization’s posi- port the Association in moving for- nity awareness of the organization’s tion on relevant issues. ward and serving members with in- unique role; represent the organiza- Are we having fun yet? Yes! Par- tegrity and honesty. Spring 2017 ➤ Rehab Matters ➤ 9
Lessons Learned Integration of Economic and Vocational Counseling Reports for use in Income Loss Damages Quantification Analysis Mathew Rose, OT (Reg.), ON, CCLCP tum of damages is the loss of income. Occupational Therapist While both economists and vocation- Kateryna Shpir, MA, al counselors may be called upon Forensic Economist as experts to comment on its com- Elena Morelli, HBA, Psych., BEd, RRP ponents, their contributions to the determination of loss of income are Vocational Counselors are profession- rarely viewed in conjunction. This als that work in the areas of vocational article will explore an economic and rehabilitation, vocational testing and vocational report system in which as- earning capacity, lost earnings and sessments and reports are completed cost of replacement labor. They also in parallel and are complementary, perform evaluations for purposes of allowing for a stronger, more compre- civil litigation, as an aspect of econom- hensive case. ic damages. Vocational experts identi- A vocational counselor’s expertise fy what the person could have earned lies in vocational rehabilitation, test- prior to the incident, compared to ing, along with evaluating earning ca- what they are likely to earn following pacity and cost of replacement labour. the vocational counselor’s assess- the incident. These experts can identify how much ment of skills and educational de- Economists apply statistical meth- the individual earned prior to the ac- velopment, along with their review ods and labour economic models to cident as well as the future vocational of potential functional limitations. determine the individual’s earning options available to the claimants after The base earnings determined by the pattern, which, in turn, is used to cal- the incident. Thus, vocational coun- economist can then be used by the culate the total value of the loss expe- selors frequently perform evaluations vocational counselor as a possible rienced by the claimant as a result of purposed for civil litigation specifical- benchmark in the determination of the accident over the entire loss peri- ly relating to loss of income. suitable vocations. od. By examining general population To examine further the interplay Consider the situation in which a data, the economist’s techniques can between a vocational assessment and claimant’s earnings include not just reinforce the vocational loss of income economic loss of income report, an in- wage but, also, commissions, collateral assessment and then extend the analy- vestigation of the constituent’s of loss benefits, pension contributions, etc. All sis to quantify future losses. of income is required. Loss of income, of the additional work benefits have a earning capacity and/or competitive monetary value. In the case that the Abstract advantage calculations can be broken individual is unable to return to their Forensic labour economists and vo- down into three main components – pre-accident work, but is able to return cational counselors are often asked to the underlying beginning calculations, to alternative work environments, the comment on issues pertaining to loss the future projections, and, finally, the vocational counselor, in their research of income in personal injury litigation. termination point. and conclusions on occupational alter- Loss of income can comprise a signif- natives, should take into consideration icant amount of the final quantum of Base Earning the additional monetary values. With- damages. It has been the experience of The first component, which is also out such considerations, the claimant the authors that there is considerable referred to as the base earnings, rep- may suffer a loss. The vocational coun- variance in the procedures and out- resents what the claimant would have selor can rely on the economist’s ex- comes in income loss analysis. earned had the accident not occurred. pertise to apply appropriate monetary Using the individual’s past income values to supplementary work bene- Introduction/Background history and general population sta- fits. By having this information at hand In personal injury litigation, the tistics, an economist calculates the before the vocational counselor begins, most common and often the most average value of the year-of-accident more comprehensive and realistic vo- significant portion of the final quan- earnings. The calculations consider cational reports can be produced. 10 ➤ Rehab Matters ➤ Spring 2017
relying on the economist’s research of industries with similar pre-accident in- dustry growth and employment trends, the vocational counselor can determine optimal work sectors for the claimant. End Points The last component, referred to as the endpoint, is the estimated age the claimant permanently exits the labour market. Consider a claimant who was working as a carpenter with a worklife expectancy of 55. Due to the incident, Mathew Rose, OT (Reg). ON, CCLCP, is he is disabled from performing carpen- a Canadian Certified Life Care Planner, try due to functional limitations. The Occupational Therapist and Principal of vocational counselor might recommend Mathew Rose and Associates Inc. He is also vocational retraining into a more sed- an Adjunct Lecturer at University of Toron- entary field where the salary is similar to’s Department of Occupational Therapy. but there is an additional 10 years of worklife expectancy and the claimant will retire later. This means that the du- ration of litigation award payments is extended and, as a result, the claimant’s total award value is significantly larger and overcompensating. The vocational counselor can mitigate the risk of rec- ommending occupational alternatives that may result in overcompensation by Industry Forecasting taking into account the economist’s sta- The next component of loss of income tistical knowledge and ability to utilize is comprised of projecting the previ- databases to determine worklife expec- ously determined base into future peri- tancy ensuring fair quantification. Kateryna Shpir is the Economist at MRA ods, adjusting for factors such as wage Medlegal Consulting and provides econom- and economic growth, positive and Conclusion: ic/statistical assessments of damages used negative contingencies. In the Canadian Tort industry, econo- in settlement negotiations. She has exten- Vocational counseling expertise mists and vocational counselors work sive experience applying regression anal- tends to focus on the present day, i.e., in different companies. In fact, the au- ysis and statistical, forecasting models for what type of work is suitable for the thors have never heard of these two research in topics of Health Economics, La- claimant after the accident. However, types of professionals working togeth- bour Economics, and Welfare Economics. where Tort claims are involved, long er when assessing loss of income. An term projections are considered. When economist understands the integra- the vocational counselor recommends tion of the labour market and econo- a certain vocational path, possibly in- my, while the vocational counselor is volving retraining, or alternative job skilled in understanding the individ- prospects, the focus is primarily on the ual’s income related characteristics. present. The economist has the ability Recognizing how a worker fits into the to consider employability over the long wider labour economy, we can make term, by applying the statistical trends better recommendations on the fu- and forecasts of specific industries. ture vocational needs of a worker. Our For example, if the vocational coun- company has been actively involved selor finds suitable work and retraining in experimenting and theorizing how in an industry that may be similar in to best integrate the information from terms of income in the present day, this these two professions and to date, we Elena Morelli, HBA, Psych., BEd, RRP, does necessarily mean that a particular have found that by having the econom- is a Vocational Consultant & Psychome- industry will be stable over the long ic and vocational reports completed si- trist with MRA Medlegal Consulting. Her term. The vocational counselor can re- multaneously with input provided by services have been used in med-legal tort fer to the economist’s research of indus- both professions significantly improves and labor litigation assessments to provide tries with similar pre-accident industry the quality, integrity and validity of damages quantification. She also works as growth and employment trends. By each profession’s reports. a Disability Case Manager. Spring 2017 ➤ Rehab Matters ➤ 11
& By Paula Roy Lobbying Did you know the term lobbying stems from times past when individuals eager to exert politi- cal influence gathered in the lobbies outside legislative chambers in Wash- ington and London in order to appeal directly to lawmakers? While the word Lobbyists lobbying might evoke for some a neg- ative connotation, ethical lobbying and lobbyists are, in fact, essential elements of democratic political systems. Engaging in direct or indirect lob- bying is also an essential part of what we do at VRA Canada. Our key tenets include advocacy for the profession, the professional and our values. This advocacy role is a pivotal one for VRA Canada, and lobbying, as needed, is part of the effort required as we try to help our provincial and federal gov- ernments shape effective vocational rehabilitation policies. To be successful, it is important to understand how lobbying works. Lob- bying has been a key part of Canadian politics since our country was a young British colony. Lobbying at court pro- duced the grants, monopolies and con- cessions that enabled explorers such as Cartier, Frobisher, Hudson and others to travel to North America and stake their claims. Later lobbying efforts in the early 1800s directed at the British cabinet and parliament allowed elite groups of men in Upper and Low- er Canada (present day Ontario and Quebec) to grasp enormous political, economic and judicial power. The lobbying tradition continued in Canada’s own parliamentary system after Confederation and today, more than ever, myriad lobby groups across the country endeavour to influence the thinking and decisions of members of parliament, senators and cabinet min- isters. Recent high-profile legislative changes in the energy, telecommunica- tions and retail sectors have shown that effective lobbying can definitely impact the outcome of public policy or unde- fined legislation. Lobbying and lobby- ists have successfully influenced policy and lawmaking on a vast range of issues including natural conservation, animal welfare, transportation, euthanasia, for- estry, health care and many others. 12 ➤ Rehab Matters ➤ Spring 2017
The intention behind lobbying is to The Lobbying Act is intended to bying which include multiple aspects make dealing with big government a safeguard the expectation among of transparency. For example, lobby- more manageable and productive pro- Canadians that everyone who par- ists must disclose the identity of the cess. Good lobbying campaigns foster ticipates in the development and ap- person, organization or corporation on dialogue and promote accountability; plication of public policy, laws and whose behalf they are communicating they are therefore an important part of regulations acts in a way that demon- and the nature of their relationship the political process today. Lobbying strates respect for our country’s dem- with that person, organization or cor- is conducted by many different orga- ocratic institutions. One of the key poration, as well as the reasons for the nizations and individuals; associations changes to the Lobbying Act was the approach. Lobbyists must avoid mis- such as ours as well as corporations 2010 amendment of the Designated leading public office holders by tak- and interest groups design strategies Public Office Holder Regulations. The ing all reasonable measures to provide to promote or forward their interests definition of a designated public of- them with information that is accurate either in response to, or in advance of, fice holder was expanded to include and factual. A lobbyist must use and government decisions. VRA Canada virtually anyone occupying a position disclose information received from a completes frequent reviews of govern- in the federal government. It includes public office holder only in the man- ment legislation and policy impacting members of the Senate and the House ner consistent with the purpose for on the field of vocational rehabilitation of Commons and their staff, officers which it was shared. Lobbyists cannot and participates actively in govern- and employees of federal departments propose or undertake any action that ment consultations where possible. and agencies, members of the Cana- would place a public office holder in The Lobbying Act and the Lobbyists’ dian Armed Forces and the Royal Ca- a real or apparent conflict of interest Code of Conduct serve to ensure trans- nadian Mounted Police. It is therefore or create a sense of obligation on their parency and accountability in the lob- bying of federal politicians. Both were The basic principles of the Lobbyists’ Code of Conduct are as follows: designed to help Canadians feel more ➤ Act in a manner that demonstrates respect for democratic confident about the integrity of the institutions; government decision-making process. ➤ Conduct all interactions with public office holders with At VRA Canada we are very careful to honesty and integrity; follow the rules for ethical lobbying; ➤ Be frank and open about lobbying activities; and this is crucial to make sure there are no ➤ Observe the highest professional and ethical standards. allegations of impropriety directed at our association. The current Lobbying Act which important before you undertake any part, which includes gifts or payment. came into force in 2008 is a revised lobbying activities to be aware of the So what value can lobbying bring to version of the initial Lobbyists Reg- many layers of government staff and our organization? Simply put, knowl- istration Act of 1989. It sets basic re- officials who fall under the umbrella of edge is power. Lobbyists have a great deal quirements for the registration of paid lobbying legislation. of knowledge about the political process; lobbyists, including that lobbyists are As for the Lobbyists’ Code of Con- this expertise is what’s often needed to to provide information about them- duct, like the Act, its purpose is to get the attention of government officials. selves and the subject matter of their offer similar assurance to the Canadi- Lobbyists also know to whom a message lobbying. The Lobbying Act applies to an public that lobbying is conducted should be directed and how to deliver individuals who are paid to lobby and ethically, with the highest standards that message most effectively. While we who have registered as lobbyists; those and with a view to enhancing public endeavor to do much of our own advo- who do so on a volunteer basis are not confidence and trust in the integrity cacy work, VRA Canada would certainly required to register. The Act is based on of government decision-making. The engage professional lobbyists if a particu- four key principles, which are: first version of the Lobbyists’ Code of lar issue warranted this support. ➤ Free and open access to Conduct came into effect in 1997. In It is important that any lobbying ac- government is an important 2015, the Commissioner of Lobbying tivities undertaken by VRA members matter of public interest; amended the Code, following a public be coordinated through VRA Canada ➤ Lobbying public office hold- consultation. The Code complements to ensure their legality and effectiveness ers is a legitimate activity; the registration requirements of the as we educate key-decision makers who ➤ It is desirable that public Lobbying Act. Lobbyists who are paid may have limited knowledge of the is- office holders and the general to communicate with federal public sues related to a particular topic such as public be able to know who is office holders are required to comply vocational rehabilitation. By providing engaged in lobbying activities; with the Code. Similarly, public office them with context, background and key and holders, when dealing with both the information, we can give politicians and ➤ The system of registration public and with lobbyists, are required their staff the understanding they need of paid lobbyists should not to adhere to the standards set out for to form an educated opinion and make impede free and open access them in their own codes of conduct. informed decisions on issues of concern to government. The Code also sets out rules for lob- to our industry and our members. Spring 2017 ➤ Rehab Matters ➤ 13
Continuing Education Credits It’s Easier than You Might Think was not something I was keen to add workshop or completing the quizzes to my already packed to-do list. Then in Rehab Matters. These are all great I started looking at courses and con- ways to get CEUs, but if you take a ferences that interested me and I next look at The Continuing Education Pro- wondered if my bank account could cess Guide (http://www.vracanada. handle this. What had I gotten myself com/wp-content/uploads/vracan- into? So, I did what any reasonable ada.com_continuing_ed_guide.pdf) person would do – I put off worrying you will quickly see that there are about those pesky credits for a year or many additional ways to accumulate two. Of course this strategy can only your hours. For instance, I was in the work for so long, and I didn’t want to middle of putting together a short end up scrambling to get 100 credits seminar for vocational evaluators. It just before my designation was up for turns out that because I wasn’t getting renewal. As a result, a year or two later paid for the presentation, the time I I decided to get serious about getting spent delivering the seminar was eli- By Shirley Smilek, some hours in. I figured a good place gible for CEUs as was some of prepa- Chair, VRA Canada CEU Committee to start would be to take a look at the ration time. All I had to do was submit Continuing Education information on an outline of my training session and I’m going to start this article off with a the VRA website, and I’m really glad an agenda to VRA for approval. Not bit of a confession. When I first got my I did. It turned out that I had already only did I get credit for developing the RRP and RVP designations I wasn’t done a number of things that are con- session, my team members can also get too happy about having to accumu- sidered continuing education but I just CEUs for attending it. late 100 continuing education cred- hadn’t realized it. I also learned that Did you know that you could also its (CEUs) over a five-year period. I there are many ways to get CEUs with- get up to 10 hours of CEUs for writing have my business to manage, I have out breaking the bank. a book review? I had no idea that this a family with young children and I’m When we think of CEUs, many of was an option, but preparation of an involved in my community… so accu- us tend to assume it means taking a unpublished article or book review is mulating continuing education credits course (online or in class), attending a eligible for 10 credit hours and a report 14 ➤ Rehab Matters ➤ Spring 2017
template is provided in the process I was happy to learn that not all of streamlined the CEU submission pro- manual. I suspect that over the course my CEUs have to be directly related to cess. Revised application forms have of a year most of us probably read a vocational rehabilitation either. We can been added to the website. If you take book or two that relates to our work get up to 10 CEUs for skills enhance- part in a course that is pre-approved, so writing book reports are a great ment in other areas such as business all you have to do is enter the pre-ap- way to get credit for this learning. Of marketing, computer applications proval number and upload your proof course, if you’re going to write a book training, report writing and more. Per- of attendance. Not sure if a course has review you might want to consider haps you’re taking a course on social already been approved? There is a list submitting it to Rehab Matters, be- media marketing, business website of all approved courses on the website. cause preparation of a book review for development, or accounting software. Finally, I would like to take this op- a recognized publication is eligible for If you are then be sure to submit it for portunity to thank all of the CEU com- up to 20 credit hours. CEU credit. mittee members who have helped out Are you involved with student These are just a few of the ways this year. Lesley McIntyre, Amy Ng, mentoring or practicum supervision? that you can easily accumulate CEU Yassar Abu-Awad, Laura Smillie, and You can apply to the Continuing Ed- hours. I encourage you to check out Judith Wiens all did a great job get- ucation Committee to have this work The Continuing Education Process ting through the backlog of older CEU pre-approved for CEUs. Guide on the VRA website to see all applications and making sure new Do you need to improve your the possibilities. If you think that there applications were processed immedi- knowledge or skills in a very specif- is a content area that is missing or if ately. A huge thanks goes out to Kayla ic area, but can’t find an appropriate you’re involved in an activity that you Fraser at Megram as well. Kayla has course or training session? You can feel should count for CEUs but aren’t been working hard behind the scenes submit an independent study appli- sure what category it would fall under, to update CEU forms and the website, cation to the Continuing Education please contact us to discuss it. ensure all CEU accounts are credited Committee to get pre-approval for VRA is committed to making the and up-to-date, and keep track of all CEUs. Once you’ve done the work and CEU process work for all members and applications. Everyone’s collective ef- have reported back to the committee your feedback is valued. In response forts are a great example of how VRA you will receive credit for your hours. to member feedback we have already works for its members. Spring 2017 ➤ Rehab Matters ➤ 15
Absenteeism The effect of gender, age and time of year on employee absence due to disability (Synopsis of paper to be published in the summer 2017 issue by Hamza Noor CVRP, arcHealth Management Solutions Inc.) In 2011 Canadian employers suffered Employee absence and age Employee Absence and Gender a direct exposure of $16.6 billion due It was predicted that employee ab- Contrary to what was predicted, our to absence-related causes. The in- sence due to disability will increase study indicated no significant differ- direct cost faced by the employer is with the age of an employee and that ence in absence due to disability be- estimated to be more than four times was proven to be the case. Overall, tween male and female employees, higher than the direct cost, which in- the study indicated that the absence which was surprising because most cludes administration, replacement rate for older employees was higher. of the studies have indicated higher and operational costs. Therefore, Ca- These results were consistent with pre- absences for females; however, these nadian employers are potentially fac- vious research, however, there was an findings were not consistent across all ing an annual exposure of $66.4 bil- interesting trend observed. A greater countries and our research points to- lion in employee absence. According quantity of absences was reported for wards these inconsistencies as well. to Statistics Canada, 27% of employee young employees and a lesser quan- absence from work is due to person- tity for older employees, but young Potential Reasons: al or family responsibilities while employees were absent for shorter ➤ Sample constituted 73% of the absence is due to disabil- durations and older employees were male-dominated industries ity. Research on age demographics absent for longer durations. Overall, such as construction, util- has clearly projected that, in coming even though there are fewer reported ities and manufacturing. years, the Canadian workforce will absences among older employees, the This means employers had a comprise fewer workers between length of these absences was signifi- significantly higher male pop- the ages of 25 and 54 and a greater cantly higher. ulation then female; therefore, number of workers above age 55. by default there should be This does not come as a surprise to more absence claims made us when it is estimated that by 2020, Potential Reasons: by males than females, thus one-quarter of our workforce will be ➤ Rate of chronic diseases in- mitigating overall difference 55 years and older. creases with age; in absence in gender; ➤ Physiological changes with ➤ Lack of availability of work- The goal of this study was to explore age, resulting in longer recov- place accommodation. the relationship between employee ery and lower return to work Construction, manufactur- age, gender, time of year and the im- outcomes; and ing, and utilities industries pact of these factors on absence due ➤ With age, non-fatal chronic mostly comprise of jobs that to disability; it was also intended to conditions such as osteoporo- are physical in nature and are offer comments on observed trends sis, fractures, and depression performed mostly by men. on this topic. are increased. In the event where an em- 16 ➤ Rehab Matters ➤ Spring 2017
ployee sustains an injury, it is ees was significantly higher between term disability; therefore, the difficult to provide accommo- April and June than between October sample does not reflect casual dation, particularly if the em- and December. Overall, employers lost absences, which are either ployee’ primary role involves significantly more days between April covered through employee’s physical duties such as lifting; and June and fewer days between Oc- availability of sick days or therefore, an employee will tober and December. unpaid leave. stay off work until he/she is fully recovered or cleared to Potential Reasons: Implications perform his regular duties; ➤ October to December is flu ➤ Employers can incorporate and season. More people take sick gender- and age-specific pol- ➤ Pregnancy and maternity-re- leave in November than from icies that can help reduce the lated claims add significant April to June due to flu, but impact of disability, in return increases in employee ab- because recovery time for flu reducing absence; such as, job sence but for the purpose of is short, the length of absence transitioning at an older age this study, maternity-related is short as well; based on limitations; claims were excluded. ➤ At end of the year, there are ➤ This study is one of the first Christmas and New Year of its kind to reflect on em- Employee absence and gender holidays, which are not ployee absence with respect with respect to age counted towards absent days to time of year. Based on our Overall, there were no gender differ- and provide extra time for the results, an employer can easi- ences in absences; however, when we employee to recuperate; ly predict an influx of absenc- added another variable, that of age, it ➤ Short days and long nights es between April and June; was interesting to find out that there in winter can cause Seasonal this kind of information can was a significant interaction. Absence Affective Disorder (SAD) but help employers make neces- for female employees did not increase the recovery time for such sary arrangements to mini- with age; however the absence rate of disorders is short; mize the impact of absence by male employees increased significant- ➤ Most major surgeries are taking a pro-active approach ly with age. Older male employees had preplanned for summer, such and preplanning organiza- twice as many reported short term dis- as hip and joint replacement, tional tasks; and ability (STD) claims for absence from from which recovery time is ➤ A higher rate of absences work than female. longer; and translates into more work ➤ Studies indicated that Surgi- for human resources (HR) Potential Reasons: cal Assessment Units (SUI) staff. It would be interesting ➤ These differences can be were busier in summer than to find out how an increase because of male-dominated winter. in workload during these industry, including job duties months affects the absence being physical in nature, Limitations: rate among HR staff. Admin- availability of accommoda- • Our sample cannot be gener- istration and HR jobs have tion, etc. Knowing our sam- alized because it consisted of high rates of burnout and de- ple constituted and reflects male dominated industries; pression; potentially, policies male-dominated population, • Most jobs in these indus- designed to manage work- we saw higher absences for tries are physical in nature load for HR staff between men with time; and and have higher recovery April and June could reduce ➤ The study of geriatrics has times than other industries; their absenteeism. shown that musculoskele- therefore, our sample might tal disorders are higher for not accurately reflect actual males than females; when it population; comes to industries such as • The sample did not include construction and utilities, the claims related to workplace differences are even more injuries; significant. • The sample exclud- ed pregnancy and Employee absence and time of year maternity-related This study clearly indicated that em- claims; and ployee absence is dependent upon time • The sample only included of year. The number of STD Claims re- full-time Canadian employ- ceived between April and June were ees who were absent from almost same as what was received work due to disability for six between October and December; how- consecutive days or more, ever, the length of absence for employ- thus qualifying for short- Spring 2017 ➤ Rehab Matters ➤ 17
Ethnicity Rehab and Disparities between Rehabilitation Services and Ethnic Minority Populations By Amy Ng, DHA, RRP, President/Founder, Community Transcultural Support Services (CTSS) Ethnic Canadians who live with in- perceive the Western rehabilitation ap- actively engage or believe in rehabil- curable diseases or physical disabili- proach to therapeutic services, effec- itation, which ultimately induces fur- ties are often characterized as an un- tively maintaining their bio-physical ther debilitations. Service providers in reached group. The incurable diseases abilities. Ethnic minority members, rehabilitation organizations may not can include ALS, Parkinson’s disease who may be underinformed regarding respond to ethnic minority members (PD) or irreversible mental illnesses. Western medical and health services, with culturally relevant rehabilitation The signs and symptoms of incurable may misconceive bio-physical diseas- services because of enduring cultural diseases are possible reasons for afflict- es as a misfortune and bio-physical variables and linguistic barriers. Mis- ed ethnic Canadians to seclude them- disabilities as hopeless. Ethnic minori- understanding among ethnic minori- selves from communities or service ty members may be doubtful about the ties about physical disabilities and re- providers offering social and health potential for physical rehabilitation to habilitation services can also increase care supports. In the rehabilitation be effective at restoring or recovering rehabilitation service disparities. sector, ethnic individuals requiring re- physical functions in general, for they habilitation programs or services seem may misunderstand the meaning of Ethnic minority members’ perspec- to be no different than others because rehabilitation. Having an incorrect tives toward rehabilitation services people with chronic illness or physical expectation towards physical health According to ethnic minority mem- disabilities generally go through sim- rehabilitation, these members of an bers’ opinions about reducing reha- ilar internal and external struggles. ethnic minority therefore may not pro- bilitation service disparities, service Internal struggles may be frustration, actively demand physio, occupational providers may offer loving and caring reluctance or uncertainty when facing or other therapies as a rehabilitative support with kindness-driven services a clinical diagnosis of an incurable dis- approach. Mikkonen & Raphael (2012) in all levels of rehabilitation services, ease or condition necessitating reha- reported in their research study that as essential elements towards helping bilitation therapies or treatments. Ex- approximately 60 percent of Canadi- an ethnic individual reduce feelings ternal struggles in many people with ans did not seek health services nor of helplessness and detrimental sense rehabilitation service needs may in- did they receive the necessary quality of their physical disabilities. Service clude new adaptations to the rehabili- of care. As expected, ethnic minority providers’ calculated service attitudes tation therapeutic regime, fear of social members are among the general Ca- and behaviors to individuals with non-acceptance and changes in family nadian groups who did not receive the physical disabilities are a rehabilita- relationships, changes of career path- health services they needed for their tion barrier. For example, instruct- ways and modifications to personal rehabilitation support for a variety ing the individuals living with vision living routines. For ethnic minorities, of reasons, including ethno-cultur- problems to reach the food and to feed cultural beliefs, values and symbols al beliefs and values. (Mental Health themselves during meal times would embedded in verbal communications Commission of Canada, 2015). Eth- be considered a part of typical rehabil- can affect willingness to obtain appro- nic minorities typically receive less itation activities. In rehabilitation ser- priate rehabilitation services, which rehabilitation support which in turn vice sectors, universal language may can be an added struggle, especially affects their rehabilitation outcomes. not be mathematics or any language, for those who are also at a lower edu- Furthermore, life experiences of ethnic but patience, kindness and support. cation level in general. minority members are complex in so- Ethnic minority members stated in a Ethno cultural rehabilitation is de- cially and family tied cultural relation- group environment that their family fined as how ethnic minority members ships that do not encourage them to members living with bio-physical dis- 18 ➤ Rehab Matters ➤ Spring 2017
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