Sep 252018
 

By Gerald

The following story is indicative of a system that is totally broken when Case Managers, DRDRB are understaffed, under trained and do not have time to make reasonable and correct decisions, thus leading to simply denying a claim or benefits forcing workers to appeal  decisions that overload the Appeals Commission who then take months or years to provide a decision. This is not expedience which is one of the four fundamental principles of the workers compensation system. Undoubtedly this will get worse as the new legislation and policy comes into effect with many Case Managers not being aware of the major changes although most Case Managers, DRDRB and the Appeals Commissioners have no expertise in law or medicine and do not know how to interpret the old and existing legislation and policies. The whole system is nothing more than a gong show.

Workers’ Compensation workers from across Canada meet to discuss crushing workloads and the need for sweeping reforms for mental health injuries

PRESS RELEASE PR Newswire

Sep. 24, 2018, 02:37 PM

NIAGARA FALLS, ONSept. 24, 2018 /CNW/ – Representatives of the major unions representing Workers’ Compensation Board (WCB) workers in Canada met to discuss issues that impact injured workers, employers and employees of workers compensation boards.

The Canadian Union of Public Employees (CUPE), National Union of Public and General Employees (NUPGE), and the Public Service Alliance of Canada (PSAC) represent Workers’ Compensation employees in Canada’s ten provinces and three territories.

The conference focused on two primary issues affecting employees of WCB’s and injured workers alike. Sadly, unreasonable workloads are experienced by workers in multiple sectors across Canada. No one is immune from the negative health impacts of heavy workloads.

All employers including Canada’s Workers Compensation Boards have very specific legal duties to protect workers under health and safety legislation. Union representatives hold the view that “excessive workload” is a serious health and safety issue negatively affecting employee mental and physical well being.

The unions have decided to hold their respective Provincial Legislative bodies accountable for the lack of safeguards designed to protect working people from the devastating impact of excessive workload. Each compensation organization is full of talented professional staff that routinely put in more than an honest day’s work.

“It is inexcusable that staff are prevented from doing the kind of job that they are capable of because of employer indifference to creating manageable workloads.” said Tamara Elisseou president of CUPE 1866.

Lloyd Samson, president of Local 55 of the Nova Scotia Government and General Employees Union (NSGEU) said, “We want to ensure that the system remains focused on safety and prevention but ensures comprehensive and fair coverage for injured workers.”

Debbie Wallace, president of Local 2180 of the Saskatchewan Government and General Employees’ Union (SGEU) said, “It is important that the views of the workers who are expected to operate the system be heard and respected. We are the workers who know where the system is flawed and how it could be improved for all workers in all sectors.”

“We leave this conference with the view that Provincial Governments must expand existing compensation legislation to help those suffering from the effects of work overload. Governments must also take tangible steps to strengthen prevention and enforcement in order to better protect the well being of all workers,” said CUPE 1750 president Harry Goslin of Ontario and host of the event.

SOURCE Canadian Union of Public Employees (CUPE)

Jun 232018
 

Are you an injured worker? Do you have something to say about Bill 30? The treatment of injured workers in this province in general? Would you like to be part of a short film of injured workers expressing such opinions? Come to the north steps of the Alberta Legislature at 2 p.m. on Thursday, June 28. A videographer will be available until about 3:30, who will put together a short film for our website and social media. There is also a Facebook event here.

Jun 142018
 
These case managers have no medical knowledge but continue to abuse their power over injured workers. Who gives these clerks the right to ignore  medical professionals , disregard and reject them completely? Forcing  injured workers to constantly protect the  Alberta medical profession trying to prove their expert physicians and specialists are telling the truth.

Why are  case managers given absolute power over the quality of an injured workers life?
May 302018
 

http://rankandfile.ca/all-out-for-injured-workers-day/

Alberta WCB is still broken Bill 30 did nothing to help long term claims. Alberta injured workers do not have the support , manpower or finances to get out there and let the public know the suffering never ends.

For injured workers the reality is clear, the WSIB in Ontario is broken and the loss and pain is on the backs of injured workers.

So every June 1, injured workers and their allies rally at Queen’s Park for Injured Workers Day, to highlight the flaws of the compensation system and the fight we need to continue to bring to the Legislature and the Ministry of Labour.

With just a few days before the election, the rally and march is an opportunity to make a stand, not only for injured workers but for all workers and people concerned about social and economic justice, that we have had enough of austerity and cuts. The rally on June 1, will send a message that no matter who gets elected, the age of austerity is over.

We can be sure that if Doug Ford’s Conservative Party is elected, privatization of the workers’ compensation system will be on his agenda – just as he will push for privatization across the board. We know that if this happens, it is low-income, vulnerable, and marginalized people who will suffer. So the Injured Workers’ Day rally is part of the fightback. We will stand up and resist, and take back our compensation system

On the eve of June 1, the Women of Inspiration, a group which offers support, knowledge transfer, education and outreach to Women Injured at Work, gathers on the lawn of Queen’s Park for “Sleepless in Queen’s Park.” This overnight vigil provides a safe space for injured workers to share poetry and song, and to tell stories of their battles for fair compensation because, if “injured workers can’t sleep; how can their elected representatives?”

On the following day of June 1 at 11:30am, injured workers and advocates join the Women of Inspiration at Queen’s Park to rally for Injured Worker’s Day. Joined by labour and community allies, injured workers from across Ontario will take to the streets, marching on the Ministry of Labour, calling on the government to deliver fairness from the workers’ compensation system.

In its 35th year, the theme for this year’s Injured Workers Day is driven by the success and hard work of the Ontario Network of Injured Workers’ Groups (ONIWG). ONIWG is an umbrella organization of injured worker groups in communities spread throughout the province, campaigning on the theme that Workers’ Comp is a Right. This campaign is demanding the compensation system return to its roots as a system that provides support and support and care for workers who have suffered injuries or illnesses on the job. The key campaign demands for a system that protects everyone are:

  1. No cuts based on phantom jobs
    2. Listen to injured workers’ treating healthcare professionals
    3. Stop cutting benefits based on pre-existing conditions

Through province-wide education and action on these issues, injured workers have successfully pushed their demands onto the political radar. We have collected thousands of petition signatures supporting the campaign demands, and heard MPPs read out the petition dozens of times in the Legislature. We have seen the NDP include injured worker issues in its platform – the first time since 1990 that a political Party has talked explicitly about injured workers. We have seen new injured worker groups form in communities where they did not previously exist.

So we are building. And after years of austerity and cuts, the compensation system is broken and the time is now to pressure those in power to commit to fundamental changes to restore justice. Join us.

May 252018
 

The ONIWG Research Action Committee has put together a one page handout  in advance of June 1st, Injured Workers Day.  This infographic is based on research done by our committee as well as academic research.  Over the last seven years, the  Ontario WSIB has more than doubled its reserved funds while cutting benefits to workers in half – resulting in thousands of workers with a life long work related disability ending up in poverty.

We encourage you to share this info widely – to friends, family and co-workers – and use it as a handout on June 1st.  It can be used as a stand alone piece or you can print it two sided with the Workers Comp is a Right material or local information.

May 142018
 

By Gerald

Enacting legislation providing presumptive status for firefighters, paramedics, police has opened up a Pandora’s Box by the idiots who enacted legislation and regulations which has resulted in providing differential treatment to these people without any scientific evidence to  support the legislation which presumes only firefighters will get cancer when exposed to carcinogens such as benzene despite the fact that any one exposed to a carcinogen in the work place on a balance of probabilities has a greater risk than the general public who are comprised mainly of children and numerous seniors who are not in the work force which is the reference epidemiologists use when providing statistical information. Click on the following link for a follow up story: http://www.standard-freeholder.com/2018/05/13/long-sault-man-wins-landmark-case

The following editorial also questions the validity and mentality of the elected clowns who provide preferential treatment to public servants whose jobs are far less dangerous then other jobs when it concerns heart attacks, PTSD, cancer than firefighters, police, paramedics, corrections officers and yet Nurses jobs based on factual evidence is far more apt to cause PTSD than a firefighter, policeman, prison guards, paramedic. Click on the following link: http://www.timescolonist.com/opinion/editorials/editorial-ptsd-rules-need-more-work-1.23300119

Questionably, how and when did the burden of proof shift from the “Board” to the worker when according to the WCA, no one other than the “Board” has any jurisdiction to investigate claims which in all cases are based on causation. According to Justice Bruce Millar in a Judicial Review that involved myself and my client, the workers compensation system is based on an inquiry system and workers have no burden of proof whatsoever. He was only echoing Dr. Terrance Ison’s expert explanation of how the system is supposed to work when adjudicating claims. In the present situation involving claims, workers are portrayed as the plaintiff in a civil suit against WCB and the Appeals Commission who represent the employer as the defendant who rarely if ever gets involved in a claim rather than a victim of an accident that more than likely was caused by the employer who cannot be sued for gross negligence or the Crown making no attempt to charge the employer under the criminal code and facing a lengthy term in prison.

Looking back on Bill 30, the whole thing is a farce and is nothing more than window dressing to appear to make the NDP look better than the previous Conservative Government who did more damage to workers than assist them to receive justice from a corrupt and uncaring workers compensation board whose only interest is protecting the accident fund to keep premiums lower than other provinces for economic reasons.