Dec 102018
 

By Gerald

Click on the following link: 
https://www.thestar.com/news/gta/2018/12/09/wsib-staffers-decry-chaos-caused-by-broken-system-thats-putting-injured-workers-at-risk.html

Sadly  enough, the system in Alberta has been broken for years and 
questions why the system is not simply abolished as it serves no useful purpose other than to create jobs for doctors who evidently have taken over the system and has become a total disaster. Questionably whether any system can work when the medical profession gets involved and the 
whole adjudication process is based on medical opinions as to causation, work restrictions, impairment ratings, compensation, psychological evaluations.etc. Any body, organization or system that is based on doctors opinions are doomed for failure.  Workers lives are turned upside down by doctors, especially WCB doctors who provide opinions that are totally false and any one with any access to real medical experts or reliable internet medical information can provide a better medical opinion than WCB Medical Advisors who clearly are not medical experts. I have yet to come across a complex claim and I have reviewed hundreds or thousands of claims.

Why ask doctors anything when the Supreme court of Canada has determined that in the workers compensation system, claims should be based on common sense and logic rather than waiting for decades to determine a claim on medical certainty which in the workers compensation system is not required. No one has to spend millions of dollars on medical studies when the Supreme Court of Canada has determined that in all workers compensation systems there only needs to be a trivial probability of a work related cause.

A much better system could be provided by removing causation from the system and simply going to a system where workers are provided compensation without the need for doctors opinions as to what caused the injury or disease. Who cares other than doctors whose livelihoods are maintained through medical piss fights with each other with the worker caught in the middle. Rather than having employers fund the system which is a lie as employers do not have the financial capability of funding the system so the Government subsidizes the system through our tax dollars by having taxpayers provide income support through Social Assistance and Alberta Health Care. To deny this, a person would have to deny motherhood. A much better system could be put into place where 
employers and employees share the cost of premiums with the same agreement where a worker cannot sue the employer or other workers, causation is no longer the deciding factor and every one could get on with their lives with doctors having to work for a living rather than to prey on workers and fill the heads of ignorant Case Managers, DRDRB deadheads and worse yet the apathetic deadhead Appeals Commission who have been given absolute power to destroy peoples lives whose decisions cannot be overturned by the Minister in charge of these retards who in reality are in charge of the Minister.

We elect governments to be innovative, not to carry on with a dead horse that has long been dead but every one is attempting to resuscitate a horse that has been dead so long that all of the body cavities are filled with rot and maggots. We have had numerous investigations over the last 40 to 50 years and none of these investigations have found anything good about the system and attempting to fix the system has been a dismal failure.

Nov 042018
 

By Gerald

There is no denying that the burden of proof in the workers compensation
system is entirely on the “Board” but our Justice Minister like her
predecessors does not want to admit that the adjudication by Case
Managers, DRDRB and the Appeals Commission have been and continuing to
use the wrong legal standard by using civil law or tort law in
adjudicating claims. This was the decision of Justice Bruce Millar who
determined that workers compensation systems in Canada are by law
required to adjudicate claims based on an Inquiry model, not an
Adversarial model which is the the standard used in civil law. Justice
Millar’s decision should have sent a message to WCB and the Appeals
Commission, and set a precedent resulting in all long standing claims
being reheard.

In Justice Millar’s decision, he directed that the Appeals Commission
contact the employer to obtain facts that WCB had failed to investigate
and had led to having to file a Judicial Review. The Appeals Commission
refused to comply and denied the claim for the second time, forcing us
to file for another Judicial Review which was heard by Justice Yamauchi.
Justice Yamauchi should  have upheld the decision of Justice Millar
based on the legal principles of res judicata and issue estoppel as
another Judge cannot by law hear the same case. Questionably is why
Justice Yamauchi did not do what is required in cases that have been
determined already. Notably is that Justice Yamauchi was one of the
Judges who were under review and found by the Alberta Appeals Court to
be lacking in judgement in a sexual assault case, thereby questioning
his decision that led to us  losing a case that we had already won.
Click on the following link:
https://www.cbc.ca/news/canada/calgary/alberta-judges-sex-assault-trials-myths-1.3765959.

Oddly enough is that Justice Millar’s decision was not posted on Canlli
with the most logical reason that his decision would have been a damning
condemnation of the appeals process. I suspect that WCB and the Appeals
Commission requested through the Justice Minister’s office that Justice
Millar’s decision not be posted on Canlii. I have the transcripts of the
action we filed and Justice Millar’s decision that went against the
Appeals Commission and WCB. What other reason would there be for not
posting on Canlii.

The corruption surrounding WCB and the Appeals Commission is aided and
abetted by the Alberta Government through not allowing the public to
read decisions that are extremely important to cover up the abuse of
power in a public office.

For clarification as to who has the burden of proof in workers
compensation systems in Canada,I am enclosing Dr. Terence Ison’s
explanation. Dr Ison before his death was a law professor who
specialized in workers compensation law and was recognized as being
Canada’s leading expert in workers compensation.  Click on the following
link and go to page 814 for clarification.

https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?referer=https://www.google.ca/&httpsredir=1&article=1620&context=ohljbut
.

Nov 032018
 

By Gerald

My last post specific to burden of proof has gained a lot of interest
and requires further explanation. Even in civil cases, a plaintiff does
not always bear the burden of proof. It depends on who you are suing. If
you sue a member of the general public who is not considered to be
knowledgeable, you have the burden of proof. If you sue a person who has
more knowledge than you, the burden of proof shifts from you to the
knowledgeable person. This was determined by the SCC in a case cited as
Snell v Farrel.  When filing a claim with WCB, they are the
knowledgeable party and by law, they have the burden of proof even if
civil standards are used in adjudication. At no time does a worker of
employer have any burden of proof, it is always on the supposedly
neutral party and that means that the burden of proof is on WCB, DRDRB
and the Appeals Commission. Before becoming an Appeals Commissioner, I
would think that all AC should have to pass the basic criteria of
administrative law that is specific to the workers compensation system
and the Meredith Principles. I suspect that all Appeals Commissioners
are not selected for their expertise in law, medicine and common sense
but for their political associations as most or all of them are dumber
than a door nail.

Most workers do not know that they can request an in person hearing at
the Case Managers level. Case Managers have the same powers as the Court
of Queens Bench and a worker has the right to request a notice to attend
and have the Case Manager subpoena a doctor or doctors who are involved
in a piss fight on conflicting medical opinions. You do not by law need
to wait to subpoena witnesses at the Appeals Commission level. In many
cases workers spend a piss pot full of money to pay lawyers and
advocates to represent who pass themselves off as experts when they know
diddly squat about the system. I am seriously considering even at my age
representing workers on a strictly contingency basis with no retainer
and no costs to the worker which I have been requested to do by workers
and for that matter also employers who are paying into a system that is
totally corrupt as evidenced by employers paying life time pensions to
workers who did not have any loss of earnings which can be easily proven.

Aug 222018
 

By Donna

Case managers should not be in power without medical knowledge. Injured workers continue to be denied. WCB staff continues to break the law and WC Act and policies because they are not required to know them. They have been taught to deny and let the injured worker fight it out in appeal. Good luck injured workers – you will need it.

Alberta should seize Guy Kerr’s resignation from Alberta Workers Compensation Board as opportunity

Aug 272012
 

Click on the following link;

http://www.canlii.org/en/ab/abwcac/doc/2005/2005canlii76584/2005canlii76584.html

Scroll down to Para.53 specific to the claim for depression and continuing though to Para 61. The Appeals Commision decision was that the stress associated with her contact with the WCB regarding her claim is reasonable and expected when dealing with disability and an insurer. This decision basically destroys any credibility WCB has when attempting to portray themselves as having compassion, making decisions that are fair and unbiased and treating workers with respect and dignity. WCB spends tens of thousands of dollars on advertisements presenting an image of caring for workers and this is how the Appeals Commision views the WCB.

Click on the following link specific to WCB’s Statement of rights http://www.wcb.ab.ca/public/policy/manual/statements_rights.asp which in reality is nothing but propaganda and lies and even more so when they cannot convince even the morons in the AC that they are different than private insurance companies.

The majority of people who deal with private insurance companies specific to disability insurance are treated much better than workers who unfortunately find themselves under the complete control of WCB. Private disability insurance is guaranteed and a person does not have to prove causation. A person receives disability benefits within a few days or a week at most unlike WCB disability insurance that in numerous cases is never paid despite overwhelming evidence of a work related cause. It is not unusual to have WCB claims that go back 40 years or more. Workers who come under the umbrella of WCB and have their claims denied either commit suicide or commit acts of violence against WCB whereas I have never heard of a person attempting to kill a private insurer or committing suicide because their claim or benefits have been denied by a private insurer.

Major depressive disorders that are assessed using the DSM manual are a common occurrence for workers who submit claims to WCB and rather than assisting workers to become employable, WCB are responsible for the mental and emotional medical conditions suffered by workers because of the way they are treated by Case Managers, DRDRB and the AC and supported by the Alberta Government who have forced workers into a system that does not work and never has worked, all due to a culture of denial that the Alberta Government has simply turned a blind eye to and refuse to do anything to make the system completely transparent and accountable. We elect people to represent us in what is supposed to be a democracy but falls far short of justice for workers because of the contempt the Government has for workers in this province.

 

Gerry Miller