Jan 152019
 

By Gerald

Click on the following link:
https://www.therecord.com/news-story/9123231-rubber-workers-should-be-allowed-to-sue-miners-advocate-says/

Just because the WCA protects employers from civil litigation, there is 
nothing in the “Act” that protects WCB from civil litigation. 
Questionably is why the burden of proof is placed on workers when the 
burden of proof is and always has been on the “Board”.  Not only is the 
burden of proof on the “Board” to prove causation, they also have the 
burden of proof to provide evidence of an alternate cause. If not, the 
claim remains in a neutral state and the benefit of doubt goes to the 
worker.

Determining causation according to the SCC does not depend on medical 
certainty as this is too high a standard and all that is needed is to 
determine that the work environment was a contributing factor, even a 
trivial contributing factor. Workers compensation systems are 
prehistoric remedies that a hundred years ago may have had some 
significance but in today’s world, there are better systems that 
guarantee acceptance of claims without spending decades fighting for 
compensation when a mandatory system that does not depend on causation could be brought in which would more than likely result in getting rid of a lot of deadwood at WCB and forcing doctors to get real jobs rather than providing medical opinions that are based on nothing but their 
opinions.

I have in the last several years assisted two workers, one whose claim 
goes back to 1973 and another to 2009, both long standing claims which 
are now under investigation by WCB due to obvious errors by the WCB, 
DRDRB and the Appeals Commission. I suspect that the decisions were 
deliberate but I cannot prove malice or deliberate denial of the claims, 
therefore I have no choice but to call them errors. As well a Judicial 
Review is coming up on Feb. 20, 2019 specifically on how impairment 
ratings have been illegally used as a direct method of rating a 
disability. On top of this I have the Fair Practice Office attempting to 
determine who has the burden of proof and who has the burden of proof of 
an alternate cause which is how the inquiry system is supposed to operate.

The writer also hit the nail on the head when it is a proven fact that 
workers whose claims and benefits have been illegally denied are being 
supported by taxpayers through our health care plan and social 
services. Of course no government wants to admit that this is the way to 
keep premiums low to benefit the economy.

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.