Jan 042018
 

By Gerald

It is my understanding that the Fair Practices Office will assist workers every step of the way which would include expert representation throughout the appeals process and as well as legal representation in the event of Judicial Appeals and if not, there is little point of having a Fair Practices Office. Question is, what then will happen to the Office of the Appeals Advisor which has never represented workers as an independent body because in reality, they were a part of WCB under WCB Legal Services. In my opinion, the Office of the Appeals Advisor would have to be abolished which is a good thing and would be cost effective, thereby saving employers a significant amount of money.

There is little point in proceeding with any changes until the Government can determine as to who has the burden of proof. Based on the historic agreement, workers and employers have no burden of proof at all in an Inquiry based system but it is evident that some how in the past, the burden of proof was illegally shifted from the “Board” to the worker. Some one in Government has to ensure that the historic agreement is complied with as at this time the system is at present based on civil law (Adversarial system) rather than administrative law that is specific to workers compensation systems.

Rather than claims resulting in an adversarial system which exists now, predictably if the burden of proof both for and against is not dealt with, the courts will be used as a battle ground for WCB/Appeals Commission legal counsel who have customarily represented employers and the Fair Practices legal counsel as it winds it’s way from the Court of Queens Bench, Alberta Appeals Court  and the Supreme Court of Canada at no cost to a worker which is a good thing for workers who in the past had to pay lawyers to represent them. Claims could drag on for years although if workers are provided interim relief as proposed, no one really cares how long it takes to reach a conclusion.

In conclusion, anything worth doing has to be done right rather than to make changes without any thought as to how the changes will work out to benefit both workers and employers.

 

  2 Responses to “Proposed changes”

  1. I contacted the Fair Practice Office and got the runaround;
    Denied any investigation for the WCB Appeals using falsified / fabricated lies,
    to deny appeal for requested medical care of workplace injury.

    I was instructed by the Office of WCB Minister to contact Fair Practice Office, so they
    could investigate WCB employees deliberately using false medical information;

    #1. WCB has been writing to treating specialists and sending falsified medical information and have refused to stop.

    #2. WCB has taken another injured workers doctor report – x-ray report and placed in my file and sent it to treating assessment team to prevent any investigation of workplace injury.

    #3. WCB has used falsified information in Appeal to deny, deny, deny;

    #4. WCB has changed the diagnosis of injury identified by diagnostic test to deliberately represent total different type of injury;

    #5. WCB has deliberately “Falsified” I was diagnosed at beginning of claim, which is a “Blatant Lie” I saw 5 orthopedic surgeons / 3 neurosurgeons between Nov 2006 and Nov 2009. Not 1 specialist actually conducted a physical examination or ordered MRI or CT Scan;

    #6. Non-medical WCB claims adjuster Sylvia Tarasoff Scharback @ WCB Sask. deliberately falsified and denied physicans request for “Expedited Specialist Appointment” or WARNING return to work was unsafe + “Lifting Restriction”

    Throughout my injury claim file, WCB has deliberately refused to follow my physicians workplace restrictions which have resulted in NEW INJURY which my doctor reported as did I, but of course WCB refuses to accept even though diagnostic tests identify injury.

    2 MRI scans I received @ University Hospital S’Toon were both “Falsified” to state “No Reason for Pain Found”

    See Facebook; Postings; @ Saskatchewan WCB Crimes against inured wkers or just watch this video and learn;

    https://www.facebook.com/groups/SaskatchewanWCB.ClassActionLawsuit/?ref=bookmarks

  2. Dpug Christie “Why the Justice System Isn’t Working in Canada.” https://www.youtube.com/watch?v=UMwI0GWB7Ik

    Whether you liked or disliked Doug Christie he was one of very few lawyers committed to a clean and fair Canadian justice system. The Worksafe lawyers could learn from Mr. Christie’s principles.

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