Mar 042018
 

By Gerald

Click on the following link: https://www.hamiltonnews.com/opinion-story/8150646-standing-up-for-pensioners-employees-is-paramount/

Deeming is allowed only because the Government has written that into legislation. There is no logical reason why deeming is or should have ever been enacted in legislation as there is a reason why workers cannot perform regular gainful work.

The Alberta WCA does state that a disabled worker is a person who is incapable of becoming gainfully employed due to physical or mental incapacity. Rather than using the politically corrected version of a disability, the “Act” uses the word “invalid” which is a word that is no longer used in our present day language but because of the nitwits who have been appointed to be responsible for the WCA, outdated and antiquated legislation is still being used.  However the fact of the matter is that regardless of the words used, a worker must be able to perform work that results in gainful employment which does not include being able to perform part time work or imaginary work.

It is grossly illogical for workers trapped in the workers compensation system who are treated differently under the law and before the law as evidenced by two decisions, one made by the Supreme Court of Canada https://www.canlii.org/en/ca/scc/doc/1983/1983canlii168/1983canlii168.html?searchUrlHash=AAAAAQAIc3VjaGFyb3YAAAAAAQ&resultIndex=1

and the other the Federal Court of Appeal https://www.canlii.org/en/ca/fca/doc/2001/2001fca248/2001fca248.html?autocompleteStr=villani&autocompletePos=1

Basically, deeming surely is not considered to be a real world scenario when workers are deemed into work that is non existent or a loss of earnings is based on minimum wage. In the real world, workers who are disabled, have work restrictions have no chance of being hired by employers who are held responsible for pre-existing medical conditions under the thin skull rule. Any employer who would hire a disabled worker over a healthy worker with no pre-existing medical conditions would have to be totally insane.

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