Feb 282019
 

Office of the Ombudsman

801- 6th Ave SW

Calgary, Alberta

T2P 3W2

Feb. 26, 2019

On behalf of Mr. Smith, I Gerald Miller wish to file a complaint against the WCB Board of Directors that has resulted in defrauding both workers and employers out of millions of dollars due to an inappropriate enactment of policy either by ignorance, misfeasance, abuse of power or an act of bad faith.

Compensation in workers compensation is supposed to be determined based on the difference between pre-injury earnings and post-injury earnings to determine a loss of earnings. Prior to Jan 1, 1995, loss of earnings was determined by using impairment ratings as a direct method of rating a loss of earnings which was found to be illegal by three different courts in three different provinces, Alberta (Penny case), Nova Scotia (Hayden case) and the Yukon, yet because of the WCB BOD enactment of policy specifying that loss of earnings was to be determined by the direct use of impairment ratings in assessing loss of earnings prior to Jan 1, 1995 this has resulted in defrauding employers and workers out of millions of dollars.

There is also the possibility that policy enacted by the WCB BOD did not direct that impairment ratings be used as a direct method of determining an earning loss. There is nothing in policy or the WCA that directs that impairment ratings be used directly as a method of rating a disability (earning loss) or that loss of earnings is derived by multiplying an impairment rating by net earnings to determine a loss of earnings so how or why did this happen. Conclusive proof that impairment ratings have nothing to do with a disability (loss of earnings) is supported by the fact that prior to one second before midnight of Jan 1, 1995 impairment ratings were used to determine an economic loss by multiplying net earnings by an impairment rating and one second after midnight of Jan 1, 1995, impairment ratings were used to determine a non economic loss questioning the mentality of the people interpreting how an economic loss (loss of earnings) should be calculated.

On review of WCB Policy 04-04 Part I it states in part; WCB provides permanent disability benefits to the worker for any measurable permanent clinical impairment “AND” for any impairment of earning capacity meaning that there are two awards referred to as dual awards. Proceeding onward, the policy then states; a worker is considered to have a permanent disability when a work injury results in a permanent clinical impairment, an impairment of earning capacity due to permanent compensable work restrictions or “BOTH” Reading to this point, there is no mention of multiplying net earnings times an impairment rating. Reading further. When an accident occurred before Jan 1, 1995 WCB provides the following permanent disability benefits: a permanent disability award in the form of a pension, to compensate the worker for the permanent clinical impairment “AND” assumed loss of earnings which results in two awards, one award is a pension for the permanent clinical impairment and another award for an assumed loss of earnings. On further analysis, there is nothing to indicate that net earnings have to be multiplied by an impairment rating to determine a loss of earnings, although upon further analysis of Policy 04-04 Part II Application 5, Question 1 and 2 which upon analysis does attempt to explain how an earning loss is calculated by using impairment ratings but confuse the issue by equating a disability(loss of earnings to an impairment. You cannot call a disability an impairment or an impairment a disability any more than you can call a cat a dog or a dog a cat as both words are totally different. Regardless of how the BOD or WCB attempt o explain how to assess a loss of earnings, you cannot determine a loss of earnings by multiplying 90% of net earnings by an impairment rating unless the impairment rating was converted to a disability rating and then multiplying the disability rating by 90% of net earnings. For example if a worker was assessed a 20% PCI rating, this would have to be converted to a disability rating by factoring in each individuals unique characteristics such as their skills, education, job history,adaptability, age, environmental requirements and modifications. In other words you cannot equate an impairment rating to a disability rating without taking all the factors of an individual that are unique to the individual into consideration.

Impairment ratings have no correlation to earnings at all as an impairment rating excludes work as a component in the assessment of an impairment. Impairment ratings measure a workers ability to perform simple basic activities of daily living which are presented in Table 1-2 of the AMA Guides. Impairment ratings are assessed based on such medical conditions that involve minor difficulties in urinating, defecating, brushing teeth, eating getting an erection, ejaculating, orgasm, sleeping etc., which has got nothing to do with work or calculating an earning loss. Clearly using impairment ratings as a direct method of determining an earning loss questions the mentality of the WCB BOD and the people who adjudicate claims who obviously never did question how or why impairment ratings could be used when an impairment rating had nothing to do with work, a disability or loss of earnings. Note: there is nothing in the WCA that directs that WCB pay lifetime pensions for an impairment. The WCA does direct that WCB pay lifetime pensions based on a disability (loss of earnings) In fact, prior to 2018, there was no legislative requirement for WCB to pay any award for an impairment as that remained discretionary prior to 2018. Obviously if you multiply a PCI percentage rating times any numerical figure, the result would be equal to an impairment award not a disability (loss of earnings) award. You do not multiply apples times oranges and expect to get a banana.

On Feb.20, 2019, I attended and represented Mr. Smith on Judicial Review which was specific to the illegal use of impairment ratings being used as a direct method of rating a loss of earnings. It was acknowledged by the Court, WCB Legal Counsel and the Appeals Commission Legal Counsel that doing so was not in compliance with the WCA and contrary to the directives of the AMA Guides that specified that the AMA Guides cannot be used as a direct method of determining a loss of earnings. The AMA Guides are very specific and states per verbatim; 

Impairment percentages derived from the “Guides” criteria should not be used as direct estimates of disability. Impairment percentages estimate the extent of the impairment on whole person functioning and account for basic activities of daily living, not including work. The complexity of work activities requires individual analysis. Impairment assessment is the necessary first step for determining disability.

It was agreed that the blame for the fraud was the WCB BOD and according to the WCA Section 6(a)(i) the WCB BOD has jurisdiction to enact policy determining compensation, thus adjudicators were forced by statute to support defrauding workers and employers. This then leaves only the Government who can direct that the WCB BOD rescind their pre Jan. 1, 1995 policy where impairment ratings were used illegally to determine an earning loss, re-adjudicate all claims prior to this date basing a loss of earnings on calculating pre-injury to post-injury earnings. Not doing anything would bring the administration of justice into disrepute.

Despite the directive of the AMA Guides, the WCB BOD enacted policy that resulted in using impairment ratings as a direct method of rating a disability that has resulted in criminal fraud as determined by the Calgary Commercial Crimes Unit after investigation into the illegal use of the impairment ratings being used as a direct method of rating a loss of earnings.

Being that this is a systemic problem, I have advised other workers to also file complaints. According to Section 27 of the WCA, the Ombudsman after an investigation can recommend to the Government that an injustice or hardship to a worker or workers has resulted and it most certainly has, the Government may direct the “Board” to pay the worker or workers from the accident fund or refer the matter to the Court of Queens Bench for an assessment of damages and to pay the worker or workers the amount of damages assessed.

An example of how the inappropriate or illegal use of using impairment ratings as a direct method of rating a loss of earnings resulted in defrauding workers was presented in the Judicial Review based on defrauding Mr. Smith entitlement to compensation using impairment ratings as a direct method of rating a loss of earnings. 

In 1988, Mr. Smiths pre-injury gross earnings were $18,469.02 . Referring to Appendix E of WCB policies, 90% of his net earnings according to Appendix E would be approximately $14,376.20. Because he was unable to work (total disability) he would have had zero earnings which should have resulted in a life time pension of $14,376.20 annually. By using impairment ratings (20% impairment rating) as a direct method of rating a loss of earnings rather than basing his pension on pre-injury earnings to post injury earnings, Mr. Smith inappropriately received $2875.24 net a year based on multiplying $14,376.20 by 20% resulting in defrauding Mr. Smith of $11,500.96 net annually from 1988 onward.

By using impairment ratings as a direct method of rating an earning loss, if a worker did not receive an impairment rating and had a total loss of earnings or a partial loss of earnings, a worker would not receive a lifetime pension as legislated in WCA Section 56 (11). (WCB defines a disability in terms of a loss of earnings) Using common sense and logic and the ability to read would result in any one knowing that one size does not fit all. An impairment rating of any percentage would result in a PPD (loss of earnings) anywhere from a 0% PPD to a 100% disability (PTD) depending on the unique characteristics of each individual as is explained in Chapter 1 of the AMA Guides.

As well as workers being defrauded, employers also were defrauded by using impairment ratings as a direct method of rating a loss of earnings. Using the same gross earnings as an example, a worker who did not have a loss of earnings but received a 20% impairment rating would receive $2875.24 annually for the rest of their lives, thereby defrauding employers by having to pay lifetime pensions even though the worker had no loss of earnings but would receive a lifetime pension because the worker had minor difficulties urinating, defecating, brushing their teeth, combing their hair, getting an erection, ejaculating, reaching an orgasm etc which are simple basic activities of daily living. Why would WCB force employers to pay workers with no loss of earnings lifetime pensions because they had minor difficulties urinating, defecating, getting an erection, ejaculating etc. Of course, employers when the accident fund is in a surplus situation, they receive dividends in the billions of dollars as opposed to workers who receive nothing and has resulted in Alberta employers having the lowest premiums in North America on the backs of workers and therefore probably should not be paid restitution.

Question is, why would the Alberta Government, knowing that impairment ratings cannot be used as a direct method of rating a loss of earnings, not have directed the WCB BOD to rescind the policy, re-adjudicate all the claims prior to Jan 1, 1995 based on the correct method of determining an earning loss which was by using a workers pre-injury earnings and compared to a worker’s post-injury earnings to determine an earning loss, especially after the Penny decision by the Alberta Court of Queens Bench and upheld by the Alberta Court of Appeal as well as the courts in Nova Scotia and the Yukon. This questions whether the Government were complicit in criminal fraud which would be reasonable to suggest.

I would suggest that all workers whose injuries occur prior to Jan 1, 1995 and had their PPD lifetime pensions calculated directly on impairment ratings file a complaint with the Office of the Ombudsman using this e-mail as a template which can be edited for each individual’s own use.

Gerald K Miller for Mr. J. Smith

Feb 282019
 

By Gerald

On Wednesday Feb.20, 2019 we attended a Judicial Review which resulted in the Court, WCB Legal Counsel, Appeals Legal Counsel  and I agreeing that the blame for using impairment ratings as a direct method of rating a disability was the WCB BOD who are responsible for enacting policies specific to how compensation is paid. The Judicial Review was specific to how workers and employers were cheated or defrauded by WCB prior to Jan, 1 1995 based on the WCB BOD enacting policy that has resulted in worker suicide, family poverty, family breakups and homicidal thoughts of killing WCB employees when in fact WCB, DRDRB and the Appeals Commission were simply complying with policy enacted by the WCB BOD. This case points out the fact that workers anger is misdirected by blaming WCB, DRDRB and the Appeals Commission for making decisions based on what was believed to be total ignorance or incompetence or deliberate attempt to defraud workers and employers. While some people may wonder why I am concerned with employers, my involvement with workers compensation is and never was as a worker advocate. My concern has always been fairness and well reasoned decisions by adjudicators. The Judicial Review did conclude with the agreement by all parties including the court that by using impairment ratings as a direct method of rating a disability besides defrauding workers resulted in defrauding employers who were paying workers life time pensions despite the fact that they had no loss of earnings, thereby increasing employers premiums determined by lay people (WCB BOD) who did not bother to read the first chapter, especially pages 4 to 18 of the AMA Guides which had they done this they would have most likely not enacted the policy equating an impairment to a disability.    

The adjudication of all claims are based on the WCA, WCB policy and WCB Regulations. The WCA and WCB Regulations are enacted by Government. WCB policies are enacted by the WCB BOD who are selected by the Alberta Government on the basis of having an equal number of the BOD representing workers, employers and the general public. The selection process is supposed to ensure that policies enacted by the WCB BOD are reviewed by the equal number of worker representative, employer representative and public representatives. How or why the WCB BOD enacted policy that used impairment ratings as a direct method of rating a disability whether this was done blatantly or maliciously or whether through ignorance or incompetence as the AMA Guides specifically states on page 13 per verbatim;  

Impairment percentages derived from the Guidescriteria should not be used as direct estimates ofdisability. Impairment percentages estimate the extent of the impairment on whole person functioningand account for basic activities of dailyliving, not including work. The complexity ofwork activities requires individual analyses.Impairment assessment is a necessary first stepfor determining disability.

It was determined by the Court that the WCB, DRDRB and the Appeals Commission were forced by statute to comply with the BOD who through the enactment of policy by the WCB BOD that impairment ratings must be used as a direct method of rating a disability even though the AMA Guides directed that impairment ratings not be used as a direct method of rating a disabilityIn affect the WCB BOD were totally blamed by the Court, WCB Legal Counsel and the Appeals Legal Counsel for defrauding workers and employers out of millions of dollars of compensation and no one could do anything about it because Section 6 (a)(i) of the WCA states that;

The board of directors

                             (a)    shall

                                     (i)    determine the Board’s compensation policy, and according to the Court, WCB Legal Counsel and the Appeals Commissions Legal Counsel left them with no option but to use impairment ratings as a direct method of rating a disability even though it was illegal and determined by three different provincial courts in Alberta, Nova Scotia and the Yukon to be illegal and that they must follow the policy enactment of the WCB BOD even if using impairment ratings used as a direct method of rating a disability is inappropriate and contrary to the WCA.  

An example of criminal fraud and supported by the Calgary Commercial Crimes Unit was presented to the Court through the enactment of the WCB BOD  policy where a worker who was totally disabled would receive a partial disability pension by using impairment ratings as a direct method of rating a disability rather than using pre-injury earnings as a reference to post injury earnings as they began doing on Jan 1, 1995 after the Court of Queens Bench and the Alberta Court of Appeal determined that using impairment ratings in determining disability was not in compliance with the WCA. For example: If a worker had a 20% PCI rating, this rating would be used to determine a disability rather than using pre-injury to post injury earnings to determine a loss of earnings. An actual case (my client) was presented to the court involving a 1988 accident where the worker’s 90% of net resulted in pre-injury earnings of $14,000 a year and his post injury earnings was zero dollars resulting in a $14,000 net loss of earnings annually. Rather than pay a worker a $14,000 loss of earnings, WCB, DRDRB and the Appeals Commission would through the BOD policy by using impairment ratings as a direct method of rating a disability would multiply $14,000 net earnings times 20% which equals $2800.00 which is $11,200  less than what a worker is entitled to resulting in defrauding a worker, forcing the worker into poverty, family breakups, suicides and intentions of killing WCB employees when they were simply following WCB BOD policy. On the other hand the same worker earning pre-injury earnings of 90% of net of $14,000 a year with no loss of earnings when multiplied by 20% would receive $2800 a year for the rest of his/her life despite having no earning loss thereby defrauding employers. Worse yet, workers who did not receive an impairment rating (0%) and had a loss of earnings would receive nothing as multiplying any amount of money by 0% results in zero loss of earnings.  Questionably also is why would WCB pay life time pensions to workers who have difficulty in defecating, urinating, brushing their teeth, combing their hair, getting an erection, reaching a orgasm and still are capable of working. That does not make sense but apparently it makes sense to the WCB BOD and embraced by WCB, DRDRB and the Appeals Commission and that is precisely what impairment ratings are used to assess. Impairment ratings have got nothing to do with the ability to work and determining an earning loss. This is the shit system that the Government has forced onto workers and employers and administered by a bunch of highly paid goof balls. A good example of this shit show can be found by reading the first Appeals Commission decision that comes up when you input “permanent clinical impairment” is Decision 2003-873. The worker was provided with a 8.13% PCI rating which these pathetic morons used as a direct method of rating a PPD of 8.13% and were paying him a lifetime pension despite the fact that he had no earning loss as stated in para 13. Why would any one pay this worker a lifetime pension when he had no loss of earnings. This basically results in defrauding the employer by having to pay a lifetime pension to a worker who had no loss of earnings and in reality received a windfall gift from WCB at the expense of the employer. On the other hand this same worker who may have been an older uneducated heavy manual laborer who could not adapt to performing other work would receive the same 8.13% PPD derived form a PCI and determined to be totally disabled but would receive only 8.13% of 90% of net earnings. These are the highly paid morons, supported by the Government who decide what workers are entitled to and employers are paying out when there is no loss of earnings.

In legal terms, the WCB BOD are or were acting in bad faith as well as misfeasance in public office by using impairment ratings as a direct method of rating a disability despite clearly written language in the AMA Guides specifying that impairment ratings cannot be used as a direct method of rating a disability. 

It is noted that the WCB BOD are not protected by legislation and are not entitled to making what may have been an honest mistake unlike WCB, the Appeals Commission and Medical Panels who are not culpable and cannot be sued. The WCB BOD can be sued as they have no protection under the WCA. Being that the WCB BOD are selected by the Government, it is apparent that the Government has to direct the WCB BOD to rescind their policy of using impairment ratings as a direct method of rating a disability prior to Jan 1, 1995, grandfather all claims and pay workers what they were and are entitled to. As well, workers who did not have any earning losses but received life time pensions, WCB must be directed to reimburse employers for any increases in their premiums or change their experience ratings to reduce their premiums. 

Questionably is if the Government does nothing it would question their sincerity to make changes and correct the wrongs to workers and employers. By correcting what was and is an abuse of power, bad faith and misfeasance in public office by the WCB BOD prior to an election, it may result in more people voting NDP rather than Conservative as all of this fraud occurred under the regime of the Conservative Government who must have known of the massive fraud but did nothing. Having had more experience than any one else over the last 30 years with the adjudication of claims, I remain convinced that the best thing for workers and employers is to have the Government simply abolish the entire system rather than have workers gullible to  believe that the system was established to assist them and then find out that this was nothing but a lie. That is a fallacy as the system has a history of destroying lives and the only reason it exists is to protect the employer from litigation as witnessed by a recent decision of a court in the U.S. awarding 14 million dollars to a worker’s estate after being diagnosed with mesothelioma and dying and whose employer did not have workers compensation coverage who had opted out. Had the employer been covered under workers compensation, the employer would not have been sued and the estate of the worker would have wound up with peanuts.

The Government by forcing workers and employers into one of the most corrupt organization in the world created the darkest day in human history. I say this because it is true. Prior to June 1, 1996, Case Managers would advise workers to apply for CPP disability benefits to increase their ELS. Workers would apply for CPP disability benefits believing that the additional pension would help them pay for the necessaries of life. When their application for CPP benefits was accepted, worker’s entire CPP disability pensions were immediately seized and their ELS was reduced or eliminated. Other provinces because workers pay 50% of the premiums, could legally claw back only 50% of workers CPP disability unlike Alberta who clawed back 100% of the CPP disability pension depositing this money in the accident fund, thus resulting in workers subsidizing employers in this province by reducing the amount of premiums employers pay. Although, WCB stopped clawing back CPP disability pensions on June 1, 1996, workers whose injuries occurred prior to June 1, 1996 still continued to have 100% of their CPP disability pensions clawed back. Besides this, Case Managers would advise workers that in order to get work, they would have to lie about their health and ability to work. I have verified this with workers and employers who had the belief that if a worker signed a contract and swore that they had no health conditions this would be a valid legal contract. In reality it was nothing more than a piece of paper that meant nothing.

Interesting in the Judicial Review, the Judge commented on the Penny case questioning her ability to read and comprehend the decision. According to her version of the Penny case, the Alberta Court of Appeal did not uphold the decision of the Court of Queens Bench that using impairment ratings as a direct method of rating a disability was not in compliance with the WCA. According to her, the Alberta Court of Appeal disagreed with the Alberta Court of Queens Bench and drew my attention to para. 14 of the Penny case and I advised her that when reviewing any document, you do not read one part of the document, you read all parts of a document. I asked her if in fact the Alberta Court of Appeals had not agreed with the Alberta Court of Queens Bench, then why did the Alberta Court of Appeals dismiss the appeal of the Alberta Appeals Commission. She refused to answer and sat their dumbfounded that I was questioning her ability to read and comprehend what she was reading. Overall, she was a very nice lady and did allow the case to proceed with very little of the usual court procedures.  

As usual even after the Judicial Review, I had and will proceed with a back up plan as I did expect to lose because of the WCA supporting an administrative system where policy is enacted by goof balls that cannot be questioned by adjudicators and the courts but can be remedied by Government intervention. Fortunately, I was retained by the worker at no cost and unlike other workers who retain lawyers or worker advocates who charge thousands of dollars for retainer fees as well as costs and disbursement the worker I represented is not being left with massive debt despite losing the Judicial Review. 

My back up plan is to file a complaint with the Office of the Ombudsman to investigate whether the fraud was the fault of the WCB BOD or was the WCB BOD’s policy of using impairment ratings as a direct method of determining a loss of earnings a misunderstanding by adjudicators. On review of the WCA and WCB policy there is nothing in either one that directs that an earning loss is to be determined by multiplying 90% of net earnings by an impairment rating, thus possibly exonerating the WCB BOD. I am presently writing up the complaint to the Ombudsman and when completed I will send a copy of the complaint to every one and especially to those workers whose accidents occurred prior to Jan 1, 1995 who were defrauded by determining an earning loss by multiplying 90% of net earnings by an impairment rating. I believe that all workers should send in the copy of my complaint that I will send to every one as an attachment, edit it where necessary based on their own circumstances and simply sign their name to the document and send it in and wait for the Ombudsman to respond. This will also determine whether the Ombudsman is simply a yes person for the Government and refuse to upset the sacred cow or will actually recommend to the Government to reimburse employers and pay workers what they were entitled to.

Jun 192012
 

 

Click on the following link: Re-thinking Workers’ Compensation-The Human Rights Perspective

Re-thinking Workers’ Compensation-The Human Rights Perspective, the June 2012 special open-access issue of the American Journal of Industrial Medicine, is now available online. These articles emerged from background papers prepared for the national meeting, “Rethinking Workers’ Compensation: Developing Strategies to Protect Injured/Ill Workers’ Basic Human Rights” convened by NESRI in 2010. Authors include Emily Spieler, John Burton, Jeffrey Hilgert, Katherine Lippel, Rebecca Smith and Martha McCluskey.

In the journal commentary, guest editor Les Boden writes, “The articles in this special issue propose an alternate framework and analysis, a human rights approach that values the dignity and economic security of injured workers and their families.” Mainstream debates around workers’ compensation are very technical, market-driven and cost oriented. The focus is rarely on meeting the needs of injured/ ill workers. This discourse ignores the plight of the injured/ill workers and their grave suffering as they navigate workers’ compensation systems that often function poorly on multiple levels. A human rights framework mandates that those most directly and negatively impacted by a system, in this case injured/ill workers, be at the center of any discussion concerning system reform. Contributors to the AJIM special issue accordingly highlight the many failures of workers’ compensation and explore pro-worker strategies, solutions and alternatives that are grounded in the experiences of injured/ill workers and designed to advance their rights. For a brief overview of the journal articles, click here. To access the articles directly, click here.

Many of you who receive my e-mails may recognize the name of Dr. Emily Spieler who I have had the privilege of corresponding with and being supported by her during my 7 year fight with the American Medical Association and the Alberta WCB. With her assistance and the co-operation of Dr. Brigham (Editing Chair of the AMA Guides 6th Edition), the AMA Guides were changed to reflect my criticism of the previous “Guides” prior to the release of the AMA Guides 6th Edition which changed significantly from the 5th to the 6th Edition. Many of you also know that the Alberta WCB were forced to admit that they were wrong as to their understanding of how to assess impairment when using the AMA Guides and rather than assess an impairment rating using the AMA Guides as directed by Dr. Talmage (AMA Medical Consultant) reverted to the use of the Alberta Guides which were the old meat charts used by all workers compensation systems in Canada who have abandoned the use of those antiquated earlier guides put together by Dr. Bell in 1960 which are still being used by the Alberta WCB. The Alberta Guides do not recognize chronic pain in any of their impairment ratings whereas the AMA Guides do. Legally, based on the Martin decision, the Alberta WCB is not in compliance with the Supreme court’s decision to recognize chronic pain as being a compensable condition. The Alberta WCB recognizes chronic pain only if it results in an earning loss but does not assess an impairment rating for a discernible diagnosed medical condition. The Alberta WCB must provide an impairment rating for chronic pain just as the Nova Scotia WCB had to and noticeably also is that the BC workers compensation board amongst others provide an impairment rating for chronic pain. A chronic pain rating must also be assessed for conventional impairment ratings and must be added to or combined with other assessed impairment ratings. Not doing this is a human rights violation or a violation of Section 15.1 of the Charter.

Dr. Spieler and her colleagues continue to be a thorn in the sides of workers compensation systems and as well as the Government’s involvement in creating legislation that strips workers of their rights and loss of dignity after suffering a work related injury. The system was and is not meant to be adversarial and was the reason why the system went to an administrative system instead of having claims heard before the courts. As it stands now, the system as it stands now was better 100 years ago then what it is today because of legislation brought in by Governments over the years to protect the “Boards” at the detriment of workers.

I would suggest that you click on all the links within the article to read the full versions of the studies and comments of the authors of the studies.

 

Gerry Miller

Jun 172012
 

Is This The Truth
Posted on July 24, 2010 by JLS

WCB Employees Paid To Commit Fraud

For most Canadians it would come as a big shock to find that the government(s) runs organizations like the Workers Compensation Board for the sole objective of cost reduction for big business, with itself as one of the largest employers taking full advantage of the conflict of interest.

The Federal Government instituted the Meredith Principle as law into Canada approximately 80 years ago. Today, even though the Federal Government passed on authority to manage Workers Compensation to the provinces, it remains itself one of the greatest benefactors of the new perverted version of Workers Compensation.

Today there is hardly a trace left of the principals set out by Chief Justice of Ontario, Sir William Meredith. It would not be an exaggeration to say that they have taken this legislation, turned it inside out to become a one way street to ensure injured workers have no rights at all. Workers Compensations today uses its own kangaroo courts to insure every right injured workers had are decimated.

The four parts of the principles set out by Chief Justice of Ontario, Sir William Meredith are that employers bear the direct cost of compensation, receiving protection from lawsuits arising from injuries; workers give up the right to sue their employers and receive compensation benefits at no cost for work-related injuries; negligence and fault for the cause of injury are not considerations; and a system administered by a neutral agency would have exclusive jurisdiction over all matters arising out of the enabling legislation. This neutral agency became the Workers’ Compensation Board (WCB).

Today before an injured worker even gets to where they are allowed to ask the Supreme Court for justice, every appeal in the WCB kangaroo courts must be exhausted, one thing is certain, that by the time injured workers are entitled to ask for justice, the injured worker will be either dead, or dead broke. The time that passes can easily take up to or exceed a decade of abuse, a psychological, and financial bashing that is unparalleled in any other form of law today.

Nearly every lawyer today rejects claims for the following reasons, first that WCB law does not comply or need to comply with the standards of our real courts of law. The second is that it’s a complete waste of a lawyers time, and clients money, there is no chance of winning. There is however the odd exception to the rule, and that’s what is thrown if the face of every critic of the WCB.

One lawyer wrote to the BC Bar asking for someone willing to take on a case where fighting WCB was like having gone into an Alice in Wonderland form of judicial law. The complete absence of any resemblance to law whatsoever, where WCB makes up and changes the rules, ignores its own rules, and imposes a twisted versions of rules on any lawyer foolish enough to stand up for injured workers.

In a nutshell WCB does the following, in about 90% or more of all of its claims it pays in full with no complaints, these consist of everything from a sliver of wood in the hand to minor cuts and bruises. All those minor claims are WCB’s claim to fame that they are doing their job and doing it well.

Now on the other hand, injuries like Chronic Regional Pain Syndrome or other debilitating injuries that last for decades, or even for life, those are the costly claims, and are also the claims WCB has no hesitation to spend a million dollars to insure a claimant will not set a precedent by getting what is owed to him/her. The crux of the matter lies in long term and permanently injured workers, everything else WCB talks about is smoke shows to divert the public from the real truth.

Well if what I am about to say might offend you, too bad, we as a society need to wake up, grow up, and take some responsibility for the mess we have allowed to exist in our country. It’s your fault we are in this mess because you and your neighbor never spoke up when someone you knew got shafted by the WCB. My fellow Canadians, you are a bunch of idiots if you think, we as a society can gain dignity abroad fighting the Muslims in Afghanistan while on the home front we treat our injured workers as bad as the Taliban treat their women.

Let me say this, do you think the same idiots who designed WCB, will actually make an exception for our permanently disabled veterans? If you do you better crawl back under the rock you have been hiding under. Do some research; they are already being tossed to skid row.

Pardon me for not doing the “heel toe dosey doe” for the Liberal in Alberta who was honest enough to tell the story about how the WCB employees get paid to screw injured workers over.

Pardon the blunt language but common courtesy in the past and present, has meant inhuman treatment for fellow injured workers to a society too busy with their own self preservation to do anything about it.

Is there not some bitter irony that this story exposed by the Liberal Party in Alberta comes hot on the heals of the Patrick Clayton story. Will someone wake up before we have to nominate Patrick Clayton as the only man willing to stand up and tell the truth about what is going on inside the Workers Compensation system, not only in Alberta, but all of Canada? Sorry make that two people in Alberta now, let’s not forget Hugh MacDonald.

Well it was good of the Alberta Liberals to expose this crime, only the Liberals should have said that Patrick Clayton indeed had little options left and the path he chose and may have been for him the only option he could find left. This admission by the Alberta Liberals also gives powerful credibility to the claims made by Patrick Clayton and that indeed all he really wanted was to find a way to expose this story, he was a first hand witness, he was a victim of crime.

Ask any injured worker who has tried to tell their story to the press, and found they were just banging their head against a brick wall. Patrick Clayton was right in regards to the fact it was the only way people would listen to what he had to say.

The second issue is, where is the call for a police investigation into this crime, and while they are at it, they can find this crime duplicated in each and every province and territory in Canada? It’s a Pandora’s box that nobody has guts enough to take on because to do so would jeopardize a relationship with big business and industry, not to mention the cost of having government employees.

Now I also have to ask what gives with the names of our political parties. Has anyone besides me noticed that when it comes to shafting injured workers, all three major party names are very big on the list of making promises to treat injured workers fairly, then in return you might well have urinated down their throats if your actions could speak for you.

Take for example in British Columbia the Liberal Party had one member in particular who really road the band wagon of justice for injured workers. Do you know what the Liberals did once elected? After all once you defeat the existing government, what else can you do to put the truth about WCB back into hiding? The Liberals did what they all do in every province when the WCB’s looking like the criminals they really are; they had a review, and guess who represented the big business in this review?

Well it was none other than Allen Hunt, and guess who the Liberals hired to implement the findings of that review?

Well to bad you can’t have Charles Manson as head of your justice committee, using your logic it would have made very good sense.

Isn’t it amazing when you have a government that hires one of two disputing parties to write the new rules, insanity obviously is hitting new heights and to this day no one has had balls enough to do anything about it?

Look again at the words in the Meredith Principle Agreement and try find any form of neutral party in the name Allen Hunt.

Oh, by the way, check up and find out if Allen Hunt is even a Canadian, he was not at the time our governments hired him. And pray what the hell were the Liberals in British Columbia thinking when they hired an American to re-write Canadian Law?

The citizens of Canada got what we paid for, it’s called “Screwed” and corporations all across Canada were laughing all the way to the bank. Its not just Canadian corporations, the vast benefactor of these new WCB policies befit foreign investors even more, as today the vast majority of big business is majority owned outside of Canada.

So then we must ask, what the hell is a Liberal? Not that they are better or worse than the NDP or Conservatives, they are all a bunch of liars who will say anything to get elected, and then my mind asks me if Patrick Clayton, did or did not have alternative options.

There simply is not enough space here to post the crimes each party has committed against the permanently disabled injured workers. Each and every party n power has a long standing legacy of balancing its books on the backs of injured workers.

Ask yourself this, when the government and the WCB does not have to follow the law, should the citizens of Canada be required to? Would you still condemn Patrick Clayton if you understood what he was up against? It is still against the law to endorse crime so we won’t go there.

Please don’t answer that, instead lets hammer those responsible for this mess and have them tossed out of their offices, without their lucrative pensions as penalty for the crimes they committed against fellow Canadians.

Seriously just how corrupt can our WCB Boards get before someone will say enough is enough?

Why does government continue to balance its books on the backs of the disabled?Why do those working to screw injured workers over have such mind boggling pension plans paid for with injured workers blood?

Time For a Reality Check

Injured workers are being told on a daily basis for decades now that if the adjudicator cannot see pain, there is no claim. Blatantly adjudicators have said directly to the face of injured workers, “we have unlimited resources, we don’t care if you try seek litigation”.

Nearly every injured worker has been sneered at with the following comment, “Workers Compensation is not required to pay for pain, and it pays only for lost wages”.Now we know they don’t pay for either pain or lost wages.

We have seen instances where adjudicators have bragged to employers that they have a ZERO track record for anyone staying on WCB benefits, then being promoted by coincidence for their outstanding achievements.

We have thousands of cases in Canada where Chronic Regional Pain Syndrome is being denied after having been classified as fakes by people who subcontract for WCB as physical therapists. The irony is that these people were already certified as suffering from Chronic Regional Pain Syndrome by licensed doctors, or in some cases expert medical doctors whom are specialists in the field.

The way injured workers with CRPS are being treated today makes a joke out of the Supreme Court ruling on that very same topic.

A history of DENIAL by compensation boards regardless of medical evidence proving injured workers were honest in regards to their medical history. Yet the Workers Compensation will spend hundreds of thousands of injured workers dollars to show the rare case of a fraud claimant.

The reality is that for every fraud claimant, there are about 1000 frauds committed against injured workers. The WCB Boards have hired in nearly every serious injured worker claim, a spy to watch and video or document injured workers movements, regardless of the traumatic impact this type of investigation has on honest, and law abiding citizens of Canada, even if there is evidence that investigators fabricate evidence, they continue to be rehired.

WCB Boards have a history of hiring or refusing to rehire private investigators, rehab consultants, or any persons dealing with reporting on the condition of the victim if they do not end up getting cost reduction. Nearly in every case where WCB contracts out work, the work entails a form of denial of claim, and its not a secret this business of denial is one of the most lucrative startup business today.

Hiring drop out doctors from med school to find in favor of reduction of cost of claims, period, and to heck with the real truth, they are the backbone of WCB’s medical review panels.

WCB to this day refuses injured workers the right to have a witness present when their own privately hired doctors do the assessment to determine permanent injury. They have the right to refuse not only the witness but the obligation to pay injured workers for their injury as forfeited by the injured worker for refusing to be examined if you refuse to be examined in the presence of a witness.

The very AMA Guide they use states clearly the rules for using that information, yet WCB allows these doctors to violate those very rules in order to reduce WCB costs.

The doctors they use are the same ones used to fight injury claims in auto accidents, so as a doctor, their job is to make a liar out of the injured worker, to negate the claims of injury are the objective of these doctors who defy the oath made by doctors to protect and serve their patients best interests.

The Hippocratic Oath is one of the oldest binding documents in history. Written in antiquity, its principles are held sacred by doctors to this day, however these doctors are paid to slander what other doctors gave diagnosed, to refute the true extent of an injury.

Ask yourself how the actions of these doctors are not the most flagrant violation of the Meredith Agreement, and it flies in the face of everything that legitimized the Workers Compensation System in the first place. Refer to the Meredith Principal.

In British Columbia the Workers Compensation Board writes letters to injured workers doctors, demanding that in order to get paid; they must conform to rules that are withheld from the public, a form of extortion that makes doctors afraid to write anything supportive of injured workers claims.

Doctor’s behaviors after receiving these letters is 180 degree shift in attitude towards their patients, they absolutely refuse to write anything that can be used in a courtroom to prove an injured workers claim. Some specialists will only agree to see you if you agree not to use their findings in a courtroom.

Regardless of how honest injured workers are, WCB adjudicators are notorious for using the “laughing in your face” tactic to elicit a reaction out of you that could be used to terminate your benefits. Another common tactic injured workers must endure is the comments “your just too lazy to return to work” again to elicit a violent reaction they can use against the injured worker.

Instances of where adjudicators are suggesting patients (injured workers) use opiod drugs to be able to return to work, that despite the danger it poses to both injured workers and fellow workers.

Instances where adjudicators refuse to follow the advice by a patient’s doctor, to be referred to a specialist, and then the patient is also not allowed under WCB regulation to sue for the consequential injuries.

The WCB refuse to be responsible for any injuries that occur as a result of an injury. Example is when you have one leg that is unstable or a head injury that causes a loss of balance, the injury that occurs due to a fall is not recognized by WCB.

The WCB also like to use a chart to determine what they owe injured workers; however the very first statement in that chart says that the contents are not to be used to evaluate the disability of injured workers. I refer to the AMA charts that are being used (abused) systematically with only one objective in mind, ironically they never use the words to deny a claim, and they use the politically correct version of “cost reduction.”

Let me stop here, because if any investigation needs my help I can over them about 20 pages of abuse by WCB without ever having to repeat myself. Look up Workers Compensation on CBC or CTV and read the comments left by hundreds if not thousands of Canadians who have been burned by none other than their own government, because they had an accident at work. A crime they must pay for by living in poverty for the rest of their lives.

In closing I would like to thank Hugh MacDonald for having been honest enough to step forward with some truth in regards to the WCB. Canada is in need of more honest men and women with the courage to stand up for truth, even if it’s more cost effective to shut up and hide as most politicians do.

As for evidence to back up what I have said, I have a box that weighs over 80lbs of paper, video tapes, audio tapes, legal documents to back up everything said in this article and would be happy to hand it over to any lawyer with the integrity and courage to fight this abuse.

As for the common Canadian citizen, please have the courage to stand up and tell these political hacks to their face that their days of abuse need to end…..immediately or face the fury of the electorate.

Fight for people who have been treated worse that the victims of abuse overseas that we claim to be fighting to liberate. Fight to liberate our injured workers from a lifetime of poverty and verbal abuse from both WCB and the governments who allow them to abuse disabled injured workers.

The RCMP should put locks on the WCB offices until a complete investigation is done into the behavior of all WCB employees, likewise no unions should be allowed to negotiate excuses for crimes committed against WCB victims.

Dereliction of duty charges should be laid in the case of every upper level management position found to be supporting the current corrupt WCB system. Criminal charges should be brought against every person who willingly and knowingly reduced or removed injured workers benefits.

Charges of deliberate psychological abuse charges should be laid against all adjudicators who have verbally abused their position to reduce costs for the WCB.

Finally all charges against Patrick Clayton be placed on hold until the investigation into the WCB is completed, in the mean time Patrick Clayton needs to be sent to a rehabilitation center and compensated for the abuse committed against him. If in fact the WCB is found to be guilty, all charges against Patrick Clayton should be dismissed.

JLS ……For What It’s Worth