Jan 172017

By Gerald

Presumptive status has and always has been for all workers not just for first responders. It would appear that in order for workers who work in high risk occupations such as GE and have a much higher risk of cancers than first responders, must also be given presumptive status through legislation. If not, this would be discrimination. Basically, the way presumption is supposed to work is that some one ( no one knows whether this is a worker or the “Board”) has to provide on a de-minimus standard a causal relation to the work place. This then triggers the presumption and unless proven contrary ( no one knows who must prove contrary, the employer or the “Board”), the presumption stands.

Note that in the article it states that it is the worker who must prove causation and the employer must prove contrary. This then indicates to me that the system in Canada is an Adversarial system not an Inquiry system that workers are led to believe. If the burden of proof is on the worker and employer and not the “Board” what then would be the benefit of workers giving up the right to sue the employer and the employer funding the system if the same system exists that existed over one hundred years ago still exists today. Why would workers give up the right to sue and have to prove causation which is nearly impossible in many situations rather than to be able to sue an employer in the court system rather than claims being heard by incompetent adjudicators in an administrative system. Why give the “Board” exclusive powers to investigate and gather the facts if they do not have the burden of proof. When if ever has an employer proven contrary which in an adversarial system, an employer must prove contrary and why is it then that it is the “Board” that spends millions of dollars to prove contrary when causation has been shown. In nearly all cases an employer does not even get involved in a claim resulting in a worker fighting the “Board” rather than an employer which suggests to me that employers subrogates the claim to WCB who takes the place of the employer to fight the worker. Why is it that the Alberta Courts can not agree as to whether adjudication in workers compensation is based on an Inquiry system or an Adversarial system with Justice Millar suggesting that it is an Inquiry system and Justice Yamauchi disagreeing and suggesting it is an Adversarial system.

Click on the following link;https://www.thestar.com/news/gta/2017/01/16/ontario-eyes-stronger-protections-for-workers-who-get-sick-on-the-job.html