Mar 042018
 

By Gerald Click on the following link: https://www.thepeterboroughexaminer.com/news-story/8290438-peterborough-general-electric-families-launch-social-media-campaign/ Regardless of whether it is the WSIB in Ontario or WCB in Alberta, neither of them are in compliance with the Courts. First of all, decisions are supposed to be made on a balance of probabilities, not on medical science as setting the bar based on medical science according [Read more…]

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 [Read more…]

Mar 042018
 

By Gerald Ms. Gray, Notley and Ganley Being that the SCC has determined that workers compensation boards must now apply human rights legislation specific to accommodating disabled workers, when can we expect that the WCA will be amended to include this change. At present there is nothing in the WCA that directs that the “Board” [Read more…]

Mar 042018
 

By Gerald Yesterday I sent out an e-mail specific to the Appeals Commission denying requests to subpoena doctors and payment of conduct money. Interesting enough the Court of Queens Bench determined that the Appeals Commission cannot simply deny the request and especially when there is a difference of medical opinion and cross examination is required https://www.canlii.org/en/ab/abqb/doc/2010/2010abqb393/2010abqb393.html?searchUrlHash=AAAAAQAHam9obnNvbgAAAAAB&resultIndex=8 [Read more…]

Mar 042018
 

By Gerald Click on the following link: http://www.postcrescent.com/story/news/investigations/2018/01/22/dueling-doctors-muddle-compensation-claims/1041800001/ Based upon my own research and reading articles like this, it is apparent that the workers compensation system is broken in all States and Provinces. Being that the system in Alberta is beyond repair perhaps it is about time that the Government appoint another Review Panel that is [Read more…]

Mar 042018
 

By Gerald On Nov. 8 and 9th of 2016 we attended an in person hearing adjudicated by R. Fong who was the Hearing Chair, D. Jossa and J. McKenna who were Commissioners. On July 6, 2017, they presented a partial decision but as of this time ( 15 months later) we are still waiting for a [Read more…]

Jan 222018
 

By Gerald Click on the following link: https://www.alberta.ca/release.cfm?xID=522899A395324-C302-107C-BCF199961973BE25 While I have nothing against presumptive status for all workers, question is whether it is legal to provide presumptive status to one occupation and not to all other occupations. Unfortunately, under Alberta Human Rights Legislation as is other provincial and federal legislation it is legal to discriminate based [Read more…]

Jan 102018
 

By Gerald Click on the following link: https://www.wcb.ab.ca/assets/pdfs/public/policy/Interim_Relief.pdf Contrary to what WCB suggests as a new policy, interim relief has been directed by the Courts (Patrus) and the Appeals Commission. WCB through legislation also has discretion to provide interim relief while a medical investigation is being conducted. Section 38 (4) of the WCA and have never [Read more…]