Mar 042018

By Gerald

Click on the following link: 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 to the SCC is far too high, even higher than in criminal law. Relying on epidemiological studies in determining causation is raising the bar far beyond a balance of probabilities which is simply based on common sense and logic.

If for example a person is diagnosed with cancer or any other disease, if there is any cancer causing carcinogens present in the work place, based on a balance of probability, the cancer arose out of and occurred during in the course of employment, pure and simple. That is how workers compensation systems were designed to adjudicate claims. If in fact if WCB wishes to fund double blind studies to prove contrary, then workers should and must be paid interim compensation until such time that it can be proven that the worker’s cancer did not arise out of and occurred during the course of employment.

Jan 142017

By Gerald

In the U.S. they have opened up a Pandora’s box by providing presumptive status to firefighters. The reason presumptive status is provided in the U.S. is because their workers compensation system operates under an Adversarial system that involves private insurers as opposed to Canada that operates or supposed to operate under an Inquiry system and presumptive status is not required as the burden of proof is not on workers but on the “Board” At least that is how it is supposed to work in Canada but somehow or other the system in Canada has become an Adversarial system. I do believe that any cancer diagnosed for fire fighters is in fact based on the balances of probabilities caused by the work environment. Click on the following link;