Mar 102019

By Gerald

This is an article written by Peter Rousmaniere who is a well known journalist and expert on workers compensation. I attended a webinar on Thursday March 7, 2019 at 10:00 AM hosted by experts in the area of workers compensation. The subject of using impairment ratings as a direct method of rating disability was discussed and the conclusion was that it has caused major financial problems for workers when determining disability which is why I went to court as this is a violation of a workers right to be compensated for a loss of earnings, not for the difficulty a worker would have performing basic activities of daily living which has got nothing to do with a loss of earnings.

Basically, the blame for all of this as determined by the Court of Queens Bench and supported by legal counsel on Feb. 20, 2019 was the fault of the WCB BOD who enacted the policy equating an impairment to a disability, thereby defrauding workers from receiving the loss of earnings they were entitled to. After the Penny decision, the Conservative Government should have directed that all claims prior to Jan 1, 1995 be re-adjudicated and workers life time pensions that were determined based on impairment ratings be re-calculated. It is obvious that the Conservative Government aided and abetted the Alberta WCB to defraud workers by failing to comply with the WCA as determined by the Alberta Court of Queens Bench and the Alberta Court of Appeal in the Penny case.  Rather than to re-adjudicate all claims prior to Jan 1, 1995, the Alberta WCB BOD simply changed their policy to enact a dual awards policy that separated an impairment rating from a disability rating by using impairment ratings to determine a NELP and an ELP to determine an earning loss.

It will be worthwhile for people to see how the Office of the Ombudsman will handle my complaint in regard to this matter. Will they sacrifice or kill the sacred cow or will they recommend that the Government re-adjudicate all claims prior to Jan 1, 1995 and pay workers what they are entitled to or will the Office of the Ombudsman simply attempt to coverall of this up just as the Conservative Government did after the Penny decision. None of this was an honest mistake as the Government and the WCB BOD knew what they done was wrong as witnessed by the fact that after the Penny decision, they separated impairment ratings from loss of earnings and went to a dual award system but failed to pay workers what they were entitled to prior to Jan 1, 1995.

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Nov 162018

By Gerald

I represented two workers at two in person hearings with a member of the DRDRB on Nov. 14, 2018. The first claim was an appeal of decision to deny house keeping allowance, home maintenance allowance and personal care allowance. Two WCB policies were discussed which were WCB policy 04-07 Part I and II and WCB Policy 04-10 Part I and II. The DRDRB specialist had to have it explained to him how to interpret a serious injury from a severe injury. I had to explain to him that a severe injury was an injury that was prolonged and a serious injury was an injury that was not prolonged. The definition of a severe injury had changed in 2000 by WCB to conform with medical sciences definition by using the word prolong to define a severe injury. This change was also made by the Federal Government by Services Canada to comply with the definition of a severe injury. Severe injury was also defined by AISH. Obviously an injury cannot be considered to be severe if the injury is not prolonged as injuries that are not prolonged will result in total recovery. Having said that, WCB has been defrauding workers since 2000 who have been diagnosed with severe injuries that are prolonged and did not pay them to what they were entitled.

The next issue we discussed was the difference between an impairment and a disability which he argued is the same thing which it is not and was determined in 1993 that an impairment rating was not the same as a disability rating. This also was determined by the Nova Scotia Supreme Court and the Yukon Supreme Court. Questionably is whether he could read and comprehend as he stated that he had read the case specific to the Penny case by the Court of Queens Bench and subsequently appealed to the the Alberta Court of Appeal. According to him the Alberta Court of Appeal over turned the decision of the Court of Queens Bench which if any one can read, the Alberta Court of Appeal upheld the Alberta Court of Queens Bench and dismissed the appeal of the Appeals Commission. The Penny decision was also reviewed by two Appeals Commissioner Rodney Fong (lawyer) and J. McKenna (lawyer) who also claimed that the Alberta Court of Appeal had over turned the decision of the Alberta Court of Queens Bench. Any one who can read knows that the Alberta Court of Appeal dismissed the appeal of the Appeals Commission and upheld the decision of the Court of Queens Bench that had determined that using impairment ratings to determine a disability was not in compliance with the “Act”

For those interested in checking what I have said about Fong and McKenna being idiots who can’t read, go to Appeals Commission decision on Canlii cited as 2016-0810go down to para 68 and 69 and this is all the proof a person needs to show what kind of idiots that are selected by the Government to adjudicate claims. The other idiot involved in this was Jossa who along with Fong are no longer Appeals Commissioners although McKenna is still there. What is needed is to do a whole shakeup of the entire Appeals Commission, terminate them all and attempt to select intelligent people rather than idiots who cannot read. On Feb. 20, 2019 we will be going to court to have this issue of impairment and disability being settled, once and for all.