Sep 212018
 

By Gerald

I was invited by Dr. Chris Brigham who I have known for years to participate in this particular webinar which is the fourth webinar I have participated in by invitation from Dr. Brigham. This particular webinar was specifically to discuss the illegal use of impairment ratings as a direct method of rating a disability. This illegal method was used by all of the workers compensation systems in Canada until the courts in Alberta, Nova Scotia and the Yukon determined that using impairment ratings as a direct method of rating disability was not in compliance with the provincial workers compensation acts. Rather than addressing this, the workers compensation systems in Canada secretly went to a dual award system by providing a separate award for an impairment rating (NELP) and a separate award for an ELP to comply with the courts. However the provincial governments aided and abetted workers compensation systems to defraud workers whose disability ratings were determined based on the direct use of impairment ratings before going to a dual award system.

As noted in the webinar and agreed by the panelists, it is the governments who allowed this to happen. In Alberta, it was the Conservative Government who allowed this illegal practice and now the NDP Government are covering up for the Conservative Government and the Alberta WCB by not reopening these long standing claims where impairment ratings were used illegally as a direct method of rating disability. Obviously this constitutes criminal fraud and is why the Calgary Commercial Crimes Unit recommended criminal charges be laid against the Alberta WCB rather than having some one pursue civil action as recommended by the Senior Crown Prosecutor. It was the Senior Crown Prosecutor who refused to lay criminal charges most likely as directed by the Justice Minister.

This issue is going before the Alberta Court of Queens Bench via Judicial Review on Feb. 19 and 20, 2019 where Jason Bodnar (WCB Legal Counsel) and Dale Wispinski (Appeals Commission Legal Counsel) will attempt to convince a Judge that every one is wrong including Dr. Brigham, Bob Wilson, David Langham, Allan Pierce and Dr. Emily Spieler who also attended this webinar. Both legal counsel will attempt to convince a Judge that WCB was doing nothing wrong by using impairment ratings as a direct method of rating a disability. Most Judges do not have a clue that there is a difference between an impairment rating and a disability rating as was evidenced by a Lethbridge Judge on Judicial Review when this issue was brought before him by listening to WCB legal counsel who made a fool out of him.

This is a webinar that should be heard in its entirety.

In case you missed the webinar session, or in case you’d like to watch it again, here’s the link to the replay video:

Link : http://events.genndi.com/r/3/0/replay/169105139238449234/d506426a10/0/74197196
Room password : N/A

Webinar title : Impairing the Guides: The Legal Assault on the 6th Edition
Webinar description : The 6th Ed of the AMA Guides to Permanent Impairment have been under assault in US courts; Can they withstand the scrutiny? What comes next?

Webinar hosted by : Robert Wilson, David Langham, Alan Pierce, Dr. Christopher Brigham

Date : Thursday, 20 September 2018
Time : 01:00 pm Eastern Time (US and Canada), GMT -4

  One Response to “The Hot Seat Webinar Replay is Available!”

  1. Very interesting webinar, thank you for that.

    Also, the Alberta WCB has been very inconsistent in the way in which they have determined PTD status for workers, at times taking the position that PTD presumptions were exclusionary, in that PTD status could not be granted in the absence of meeting a presumption under section 38 [the applicable Act, 1981 Statutes with amendments in force as of January 16, 1992].

    In January of 1995, when the WCB Alberta put in place the NELP and ELP policy provisions the Worker’s Compensation act did not have language empowering the Board to do so.It was quite a mess.

    I was a case manager at that time. And it was the impetus to leave the Board for an alternate opportunity. They simply didn’t seem to be able to get it right either way.

    Kevin Becker
    http://www.albertawcb.com

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