Aug 072019
 

By Gerald

After decades of studying workers compensation systems in Canada and the U.S., it is apparent to any one who has any  intelligence that a plan that had good intentions has lost it’s usefulness. It is disgusting that the minister in charge of WCB will not respond to a request to explain “who has the burden of proof in the Alberta workers compensation system and yet expects that he has entitlement to being called honorable. Honorable people are willing to go the distance to see that justice is done or seen to be done. It is further disgusting that the Fair Practice Office which is  supposed to assist workers and employers to navigate the system either do not know and refuse to take this issue into the courts. It is disgusting also that the millions of dollars union members pay into unions that this issue would not be taken by unions into the courts. Where are the firefighters, police, paramedics, nurses, public servants etc. when they are required to stand up for themselves against what many refer to as a criminal organization supported by the Government who will not take this matter to the courts. C of QB Justice Millar determined that the burden of proof is on the “Board” The Office of the Ombudsman has determined that initially the burden of proof is on the “Board” and is shifted to the worker on appeal which creates a slippery slope due to the fact that in order to shift the burden of proof, all a Case Manager has to do is to deny the claim. How can any claim be adjudicated if no one knows who has the burden of proof. Everywhere a worker turns, they are confronted with elected or appointed bureaucrats who gather at the public trough and do nothing.  The office of the Ombudsman is a joke as after determining that the “Board” has the burden of proof, the Office of the Ombudsman is supposed to comply with Section 27 of the WCA and refer the matter to the Lieutenant Governor in Council who then determines if an injustice or hardship has resulted to a worker. How much of a hardship or injustice is there when workers are forced to bear the burden of proof. 

Questionably is if in fact the burden of proof is on the worker, who are the litigants. It cannot be the employer as it is rare that an employer will get involved. In reality, the litigants are the worker, WCB, DRDRB and the Appeals Commission. WCB, DRDRB and the Appeals Commission represent the employer who are financed through the accident fund as opposed to a worker who because of the lack of finances are forced to represent themselves or go deeply into debt to hire a lawyer or a worker advocate who who has no legal training in workers compensation law or no back grounds in medicine.  

We have immigrants and refugees coming to this pathetic country and province hoping to start a new life and in order to survive, take jobs that many Albertans are reluctant to take. When these immigrants and refugees suffer a work related injury or disease, no intelligent human being would expect them to have the burden of proof when they have poor language skills, no knowledge of what is expected of them and how the system works. This also would be typical of Albertans who have grade school education. It is of little use to have a Fair Practice Office assist a worker or employer when they themselves do not know how to navigate the system. In every action, whether it is criminal, civil, family, statutory law every one knows or should know who has the burden of proof. How can this be considered a good system for workers whether they are immigrants, refugees or semi-illiterate workers who are born in Canada or Alberta when no one knows who has the burden of proof. I did not serve this country in the military to protect the interests of business owners. politicians who sit on their fat asses and do nothing to change the damage they have done to workers.

Workers compensation should be abolished and employers mandated by law to provide disability insurance that is guaranteed without the need to prove causation or to prove entitlement to benefits. Worker’s primary care doctors would not have to fight to have their patients receive benefits. For example; most if not all workers have pre-existing degenerative disc disease. WCB will not provide benefits other than on a temporary basis as opposed to private disability insurance who will provide benefits for short term and long term disability for DDD. No one should be forced into a system that has been the source of criticism by every royal commission in Canada that has ever been tasked with the evaluation of the system. You can put gobs of lipstick on a pig but at the end of the day it is still a pig and that is typical with WCB.

Clearly, every one must know that private sector workers pay for dual disability benefits for public workers who do not have to fight for disability benefits as if they get sick or have an accident. They can file a disability claim with the private insurer and also with WCB. The private insurer will and does guarantee instant benefits as opposed to WCB who may never pay any benefits and generally never do, especially permanent benefits. Workers in the private sector cannot double dip, so if WCB accepts their claim, all of the compensation paid goes back to the employer. This being the case, why would any moron enact legislation to ensure that only private sector employees such as firefighters, police and paramedics to name a few who are guaranteed disability benefits. The right thing to do is to make it mandatory that all employers in the province provide dual disability benefits to ensure that no worker becomes a charge on family, friends and society. This could be done by a shared cost between workers and employers rather than having tax payers pay via income tax to support workers who have had their claim s and benefits denied illegally by WCB.

The whole system is a convoluted piece of garbage and should be terminated if the present situation is not changed. The whole concept of workers compensation proposed by Meredith was to assure workers that when they are injured, exposed to occupational diseases or killed they would receive compensation and in turn employers would be protected from civil actions. Only one part of the historic compromise has been attained. Employers cannot be sued and workers face unobtainable benefits when they have a work related accident.  

In reference to first responders being provided preferential and differential treatment through legislation specific to presumption, this obviously is discrimination based on provision of services. According to the Charter and provincial human rights legislation, all individuals are to be treated equally so why would a government enact legislation and regulations providing differential treatment to some workers and not to others questions the mentality of the people we elect. Do the people we elect believe that other workers do not get cancer, have heart attacks and have mental issues because of work related factors.

The following e-mails were also sent to the U of A Faculty of Law specifically to professors to explain who has the burden of proof in Alberta workers compensation system. This e-mail was sent to Cameron Hutchinson, Mathew Lewans and Eric Adams at the U of A Faculty of Law who should be able to explain something this simple. 

At times Governments enact legislation and appoint adjudicative bodies to administer a system without providing any direction or interpretation of how to adjudicate the thousands of claims that are adjudicated by lay people. The workers compensation system is a good example of a system that no one knows whether adjudication is based on a strict civil system which is an adversarial system with two litigants, a plaintiff and a defendant consisting of a worker and an employer. A known fact specific to civil law is that in most cases, the burden of proof is on the plaintiff but according to the Supreme Court can be reversed at times as determined in Snell v. Farrel. According Dr. Terence Ison, a well known expert on workers compensation specific to adjudication of claims, adjudication is based on an inquiry system, not an adversarial system typical of civil litigation and the entire burden of proof both for and against is on the respective “Boards” which was proposed by Meredith over a hundred years ago. According to the WCA, the proposal of an inquiry system is supported by statute by providing exclusive jurisdiction to WCB to investigate and gather the facts. The WCA also provides WCB the same powers as the Court of Queens Bench and as well all the powers under the Public Inquiries Act. With what appears to be an easy enough system to understand that there is a big difference between civil law and an inquiry system, adjudication of claims is and has been based on an adversarial system where the burden of proof has been placed most likely illegally on workers who do not have the knowledge, financial ability and legal right to gather evidence, subpoena witnesses to support their claims and entitlement to benefits. On numerous occasions, it has been requested to the Alberta Government to explain how an inquiry system works and if in fact the burden of proof is entirely on the “Board” as suggested by Dr. Ison who is supported by other provincial workers compensation systems or is the burden of proof on workers to prove their case and the burden of proof on employers to rebut any evidence that is provided by a worker. It would be greatly appreciated is you could explain how an inquiry system is supposed to work. Thank you! Respectfully; Gerry Miller 

Needless to say there was no response and more than likely will not respond, just as Mr. Copping has not responded. I came across a lawyer in Ontario, Omar Ha-Redeye who wrote an article on the illegal use use of the but for test and material contribution test in workers compensation systems and the following e-mail was sent to him;

I have read several articles by you and question why many worker compensation systems in Canada place the burden of proof on workers despite the fact that workers compensation is supposed to be based on an inquiry model, not an adversarial model. Worse yet is that the “but for test and material contribution test” is used as a legal standard when workers are forced to bear the burden of proof. After reading your article http://www.slaw.ca/2016/11/20/modified-causation-in-workers-compensation/ it would be fair to suggest that placing the burden of proof on workers is not in compliance with the legal standards that separate civil law from administrative law that defines workers compensation systems. Curiously is that the Manitoba Workers Compensation Board https://www.wcb.mb.ca/sites/default/files/2016%20backgrounder.pdf places the entire burden of proof both for and against on the “Board” whereas in Alberta, the impossible burden of proof is on the worker. Dr. Terence Ison who was recognized as Canada’s foremost expert on workers compensation is quoted in many of his articles stating that there is no burden of proof on workers or employers and that in an inquiry model, the entire burden of proof both for and against is on the “Board”. Dr. Ison also states in his numerous articles that adjudication is not based on the civil standard which in your article, you are in agreement with. https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1620&context=ohlj In your opinion who has the burden of proof in workers compensation and why has the burden of proof shifted to workers who do not have the knowledge, financial ability and legal right to gather evidence due to the exclusive right of the “Board” to gather evidence. 
Respectfully; 

Gerry Miller 

Delving further into who has the burden of proof in workers compensation I found that British Columbia has shifted the burden of proof from workers to the Board in 1968. When reviewing Meredith and leading up to acceptance of the Meredith Principles, he was of the belief that adjudication of claims should not be based on an adversarial principle which in my opinion should have then never resulted in adjudication being based on civil law which is specific to an adversarial model. This raises the question as to what is defined as an inquiry system. Is an inquiry system an adversarial system where a worker has the burden of proof. If this is so, the Dr. Ison is incorrect in his interpretation of who has the burden of proof.

According to the Alberta Court of Queens Bench in the case of Allsop v Alberta Appeals Commission, Justice Clackson determined that the Appeals Commission were of the opinion that workers had the burden of proof, thus making adjudication of claims an adversarial process by referring to Policy 01-03 where the B of D enacted policy placing the burden of proof on workers. Questionably is if the WCB B of D can enact policy placing the burden of proof on workers when historically the burden of proof according to the Meredith principles was on the Board. Justice Clackson was extremely critical of the use of lay people to hear claims as opposed to having workers having the right to have their claims heard by real judges, subpoenaing of witnesses and the right of cross examination. Justice Clackson does suggest that it is silly to have a court review some of the irrational decisions of Administrative Tribunals based on reasonableness and then hold your nose when it is apparent that the lay people who are adjudicating claims have no legal training or medical training and yet a Judge is forced to give deference to a bunch of morons. After having gone through numerous Judicial Reviews, it is my opinion that a Judge should be able to direct that the claim be reheard in the courts with full disclosure and the subpoenaing of the people who made the decisions along with the doctors who provided the opinions that adjudicators used to deny a claim or benefits. Putting the lives of people into the hands of morons is not the way the justice system is supposed to operate. It is well worth the time to read Justice Clackson’s evaluation of administrative law and recommends a procedure that is identical to the U.S. where claims are heard by real Judges in the courts and not morons appointed by Government.  Notably in the U.S. is that 67% of the claims denied by insurance companies are overturned by Judges with increased costs to the insurance companies of 59% paid to lawyers for costs and disbursements when representing a worker.

Jul 292019
 

Dear Mr. Copping;

Congratulations on your election win and selection as labor minister by Mr. Kenny. From your biography I see that you have impressive credentials as the new labor minister. Better yet, some of your studies were from Osgoode Hall where I assume you must have met Dr. Terence Ison who is acknowledged as Canada’s foremost expert on administrative law as it pertains to workers compensation. 

We have a perplexing problem in Alberta that has been around for decades and that is who has the burden of proof both for and against in the workers compensation system. According to Dr. Ison neither the worker or the employer has any burden of proof. Dr. Ison suggests that in the workers compensation system in Canada, the “Board” is the only one who has the burden of proof, both for and against in what he refers to as an Inquiry system. This was noted by Justice Bruce Millar of the Alberta Court of Queens Bench when I was involved in a Judicial Review which resulted in the Appeals Commission and WCB Legal Counsel being advised by Justice Millar that my client under an Inquiry system had no burden of proof whatsoever, yet both WCB and the Appeals Commission persist in placing the burden of proof on workers. It is rare that an employer ever appeals any decision and rarely if ever attends an in person appeals hearing when WCB, DRDRB and the Appeals Commission assume the role of the employer to contradict a worker who is left on their own to argue their claim.

If you click on the following link; https://www.wcb.mb.ca/sites/default/files/2016%20backgrounder.pdf, scroll down to Part V of the Manitoba workers compensation system where it states:

V Principles of Adjudication Inquiry Model 

The WCB operates on an inquiry model, which means that the WCB must either prove or disprove a claim through investigation. It is not the responsibility of the worker to prove the claim, nor is it the responsibility of the employer to help prove or disprove a claim. There is no formal or legal burden of proof on any party but the WCB. The WCB is responsible for ensuring that there is sufficient information on which to base a decision. Workers, employers, and health-care providers are required to report to the WCB. The WCB then undertakes whatever additional inquiries are necessary to determine eligibility and compensation entitlement. 

Click on the following link:
https://digitalcommons.osgoode.yorku.ca/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=1620&context=ohlj   Scroll down to page 814 third paragraph where Dr. Ison states:

With regard to the burden of proof, workers’ compensation in Canada has always been different from common law proceedings. Our systems were established to work on an enquiry model, not an adversarial model. There is no burden of proof on anyone except the board. Since workers’ compensation was not to be adversarial, a rule was required for situations in which the evidence for and against employment causation is judged to be evenly balanced. In that situation, a common law regime would require that the claim be denied; but a more benevolent view was taken in workers’ compensation. It has commonly been provided that, where the evidence relating to the disputed probabilities is judged to be evenly balanced, the matter should be decided in favour of the claimant.

In Albertathe burden of proof is put on the worker which is typical of an adversarial system which was never the intention of Meredith specifically because workers do not have the resources or financial ability to pay medical costs, legal costs to fight WCB, DRDRB and the Appeals Commission. Workers also do not by statute have the right to investigate, do not have the same powers as a the Court of queens Bench as does WCB, they also do not have any powers of investigation as does WCB under the Public Inquiries Act. 

My question to you is the same question I have asked previous Ministers in charge of the WCB. Who has the burden of proof in the workers compensation system in Alberta or is Alberta the only province in Canada that adjudication of claims is based on an adversarial system. 

It seems no one wants to answer this very simple question which after one hundred years, the people adjudicating claims should know whether Alberta operates on a strict civil law standard where workers are regarded as plaintiffs rather than claimants. I would appreciate a response although I don’t expect you or any one else would have the intestinal fortitude to upset the sacred cow.  

Adding to this is that we have laws in Canada and in the province of Alberta which we as citizens are expected to obey. That being the case why is it that WCB and the Appeals Commission are not held to that standard and if they are not, then why should any one obey the law. Our courts, including the Supreme Court of Canada find that WCB and the Appeals Commission are not in compliance with the law and WCB and the Appeals Commission continue to ignore the law and if they are sued, claim an honest mistake. When is the Alberta Government going to either fix the system to comply with the Meredith Principles or simply get rid of the whole system and the scumbags that are placed in positions where they are allowed to abuse workers and their families. By the way I am not an injured worker, have never filed a claim but I would be amiss if I did not assist and care for the less fortunate in our society which is more than the Government can say as in my opinion, the Government does not give a rat’s ass as to what happens to injured and disabled workers.

  • Gerry Miller
Jan 222019
 

By Gerald

Gray (Minister of Labour)

Hoffman (Minister of Health)

Sabir (Minister of Community and Social Services

As a tax payer and  stake holder in workers compensation in Alberta, I 
question why Alberta Health Services and Social Services are providing 
services to workers for work related compensable injuries or diseases 
that have been accepted by WCB as being work related but WCB are not 
providing any health benefits or earning losses for disabled workers. As 
Ministers who are in charge of these services, you are responsible to 
the tax payers of Alberta to ensure that what we pay in taxes is spent 
responsibly for programs such as health care and affordable housing to 
ensure that there are no homeless people, better access to health care 
etc. rather than squander our tax money in assisting WCB to defraud tax 
payers which include workers and employers. This is not hearsay as I can 
publicly name these people as these people have graciously provided 
their claim files to me. If you are familiar with the Meredith 
Principles, the whole idea of workers compensation was to provide 
benefits to workers so they would not become a charge on family, friends 
and society. That being so, why is the Minister in charge of WCB dumping 
these people unto Alberta Health Services and Social Services and why is 
the Minister in charge of Alberta Health Services and the Minister in 
charge of Social Services accepting disabled workers on tax payer funded 
services. Why should tax payers (workers and employers) be burdened with increasing health care costs, long waiting lists for MRI examinations 
and providing social assistance to disabled workers whose claims have 
been accepted but workers compensation not paying for these services 
such as personal care allowances, house keeping allowances, home 
maintenance allowances and earning replacements. This being the case, 
why not simply abolish the whole system, eliminate premiums for 
employers and have workers simply apply for services from Alberta Health 
Services and Social Assistance as that is what is happening now. The 
Government performs audits on every thing else but fails to perform any 
audits as to how many disabled workers are on Social Services and 
medical care by Alberta Health Services.

I do realize that the Conservative Government who ruled this province 
for 44 years did nothing to address this problem and you did inherit a 
total mess but the role of Governments is to correct the mess,not to 
perpetuate the mess.I commend you on attempting to fix the mess left by 
the former Conservative Government but doing things half assed is not 
the solution. Anything worth doing is worth doing right. Workers are the 
back bone of our society as without workers our economy would crash, so 
why is it that workers in Alberta are treated with contempt and inhumane 
treatment by a body such as WCB when the whole intent was or is to treat 
workers with compassion, fairness and respect and not dump them onto a 
scrap heap for tax payers to look after.

Dec 142018
 

By Gerald

Click on the following link:

 https://www.thepeterboroughexaminer.com/opinion-story/9081455-peterborough-letters-wsib-caught-up-in-culture-of-denial/ 

Where have we heard this before with a reference to a culture of denial. This was the findings of Justice Friedman. As usual, the problem with the system is causation. No system can operate when the deciding factor is causation as in most cases no one knows why an injury or disease developed other than to provide opinions that will not and have not stood up in the Supreme Court of Canada. The SCC makes a decision and workers compensation systems in Canada ignore the findings of the SCC and carry on as they did before. In Alberta we have a Justice Minister that also ignores the findings of the SCC and allows the Alberta WCB to circumnavigate the law. We have a toothless tiger in charge of WCB and when asked what her responsibilities are by being in charge, there is no answer. The last MLA who was in charge of the WCB, Iris Evans when asked the same question replied that she is not in charge of the WCB, she is responsible only for the WCA which then leaves the question, “who is in charge of WCB”?  

It is about time that a task force be appointed to determine if the system is working. Problem with a question like this is that it is working but only for those workers who suffer an acute injury that after a short healing period, the worker makes a full recovery. The major costs of the system are those 20% of injuries or diseases where the worker never does recover, their claim is terminated and all of these workers apply for Social Services and becomes the responsibility of tax payers. No one has or will ever deny that WCB does in fact deny claims and benefits when a causal relation cannot be determined and the benefit of doubt then goes to employers whose premium are kept artificially low by not having to accept claims and provide benefits. 

I have said it before and I will say it again, the system should be abolished and disability benefits should be paid without causation which is the provided to public servants, many unionized workers and MLA’s themselves who have dual benefits through workers compensation and private disability insurance through most likely Sun Life. When a public servant is injured, suffers any sickness or disease, they immediately receive benefits with out having to fight WCB for 40, 50 or more years. There have been numerous comparisons to the two systems and private insurance is far better than anything that is offered by WCB. It is rare to hear of a worker committing  suicide, attempting suicide or threatening to kill any one who is providing disability insurance privately. When Meredith proposed some sort of disability insurance for workers, there were no private insurers that offered this type of insurance so this was better than nothing and in today’s workers compensation system, nothing is what workers get.

WCB employees paid to commit fraud

 Our Blog  Comments Off on WCB employees paid to commit fraud
Jan 092017
 

(originally published on July 10, 2010)

WCB employees paid to commit fraud.

For most Canadians it would come as a big shock to find that the government(s) runs organizations like the Workers Compensation Board for the sole objective of cost reduction for big business, with itself as one of the largest employers taking full advantage of the conflict of interest.

The Federal Government instituted the Meredith Principle as law into Canada approximately 80 years ago. Today, even though the Federal Government passed on authority to manage Workers Compensation to the provinces, it remains itself one of the greatest benefactors of the new perverted version of Workers Compensation.

Today there is hardly a trace left of the principals set out by Chief Justice of Ontario, Sir William Meredith. It would not be an exaggeration to say that they have taken this legislation, turned it inside out to become a one way street to ensure injured workers have no rights at all. Workers Compensations today uses its own kangaroo courts to insure every right injured worker had are decimated.

The four parts of the principles set out by Chief Justice of Ontario, Sir William Meredith are that employers bear the direct cost of compensation, receiving protection from lawsuits arising from injuries; workers give up the right to sue their employers and receive compensation benefits at no cost for work-related injuries; negligence and fault for the cause of injury are not considerations; and a system administered by a neutral agency would have exclusive jurisdiction over all matters arising out of the enabling legislation. This neutral agency became the Workers’ Compensation Board (WCB).

Today before an injured worker even gets to where they are allowed to ask the Supreme Court for justice, every appeal in the WCB kangaroo courts must be exhausted, one thing is certain, that by the time injured workers are entitled to ask for justice, the injured worker will be either dead, or dead broke. The time that passes can easily take up to or exceed a decade of abuse, a psychological, and financial bashing that is unparallel in any other form of law today.

Nearly every lawyer today rejects claims for the following reasons, first that WCB law does not comply or need to comply with the standards of our real courts of law. The second is that it’s a complete waste of a lawyers time, and clients money, there is no chance of winning. There is however the odd exception to the rule, and that’s what is thrown if the face of every critic of the WCB.

One lawyer wrote to the BC Bar asking for someone willing to take on a case where fighting WCB was like having gone into an Alice in Wonderland form of judicial law. The complete absence of any resemblance to law whatsoever, where WCB makes up and changes the rules, ignores its own rules, and imposes a twisted versions of rules on any lawyer foolish enough to stand up for injured workers.

In a nutshell WCB does the following, in about 90% or more of all of its claims it pays in full with no complaints, these consist of everything from a sliver of wood in the hand to minor cuts and bruises. All those minor claims are WCB’s claim to fame that they are doing their job and doing it well.

Now on the other hand, injuries like Chronic Regional Pain Syndrome or other debilitating injuries that last for decades, or even for life, those are the costly claims, and are also the claims WCB has no hesitation to spend a million dollars to insure a claimant will not set a president by getting what is owed to him/her.

The crux of the matter lies in long term and permanently injured workers, everything else WCB talks about is smoke shows to divert the public from the real truth.

Well if what I am about to say might offend you, too bad, we as a society need to wake up, grow up, and take some responsibility for the mess we have allowed to exist in our country. It’s your fault we are in this mess because you and your neighbor never spoke up when someone you knew got shafted by the WCB.

My fellow Canadians, you are a bunch of idiots if you think, we as a society can gain dignity abroad fighting the Muslims in Afghanistan while on the home front we treat our injured workers as bad as the Taliban treat their women.

Let me say this, do you think the same idiots who designed WCB, will actually make an exception for our permanently disabled veterans? If you do you better crawl back under the rock you have been hiding under. Do some research; they are already being tossed to skid row.

Pardon me for not doing the “heel toe dosey doe” for the Liberal in Alberta who was honest enough to tell the story about how the WCB employees get paid to screw injured workers over.

Pardon the blunt language but common courtesy in the past and present, has meant inhuman treatment for fellow injured workers to a society too busy with their own self preservation to do anything about it.

Is there not some bitter irony that this story exposed by the Liberal Party in Alberta comes hot on the heals of the Patrick Clayton story. Will someone wake up before we have to nominate Patrick Clayton as the only man willing to stand up and tell the truth about what is going on inside the Workers Compensation system, not only in Alberta, but all of Canada? Sorry make that two people in Alberta now, let’s not forget Hugh MacDonald.

Well it was good of the Alberta Liberals to expose this crime, only the Liberals should have said that Patrick Clayton indeed had little options left and the path he chose and may have been for him the only option he could find left. This admission by the Alberta Liberals also gives powerful credibility to the claims made by Patrick Clayton and that indeed all he really wanted was to find a way to expose this story, he was a first hand witness, he was a victim of crime.

Ask any injured worker who has tried to tell their story to the press, and found they were just banging their head against a brick wall. Patrick Clayton was right in regards to the fact it was the only way people would listen to what he had to say.

The second issue is, where is the call for a police investigation into this crime, and while they are at it, they can find this crime duplicated in each and every province and territory in Canada? It’s a Pandora’s box that nobody has guts enough to take on because to do so would jeopardize a relationship with big business and industry, not to mention the cost of having government employees.

Now I also have to ask what gives with the names of our political parties. Has anyone besides me noticed that when it comes to shafting injured workers, all three major party names are very big on the list of making promises to treat injured workers fairly, then in return you might well have urinated down their throats if your actions could speak for you.

Take for example in British Columbia the Liberal Party had one member in particular who really road the band wagon of justice for injured workers. Do you know what the Liberals did once elected? After all once you defeat the existing government, what else can you do to put the truth about WCB back into hiding?

The Liberals did what they all do in every province when the WCB’s looking like the criminals they really are; they had a review, and guess who represented the big business in this review?

Well it was none other than Allen Hunt, and guess who the Liberals hired to implement the findings of that review?

Well to bad you can’t have Charles Manson as head of your justice committee, using your logic it would have made very good sense.

Isn’t it amazing when you have a government that hires one of two disputing parties to write the new rules, insanity obviously is hitting new heights and to this day no one has had balls enough to do anything about it?

Look again at the words in the Meredith Principle Agreement and try find any form of neutral party in the name Allen Hunt.

Oh, by the way, check up and find out if Allen Hunt is even a Canadian, he was not at the time our governments hired him. And pray what the hell were the Liberals in British Columbia thinking when they hired an American to re-write Canadian Law?

The citizens of Canada got what we paid for, it’s called “Screwed” and corporations all across Canada were laughing all the way to the bank. Its not just Canadian corporations, the vast benefactor of these new WCB policies befit foreign investors even more, as today the vast majority of big business is majority owned outside of Canada.

So then we must ask, what the hell is a Liberal? Not that they are better or worse than the NDP or Conservatives, they are all a bunch of liars who will say anything to get elected, and then my mind asks me if Patrick Clayton, did or did not have alternative options.

There simply is not enough space here to post the crimes each party has committed against the permanently disabled injured workers. Each and every party n power has a long standing legacy of balancing its books on the backs of injured workers.

Ask yourself this, when the government and the WCB does not have to follow the law, should the citizens of Canada be required to? Would you still condemn Patrick Clayton if you understood what he was up against? It is still against the law to endorse crime so we won’t go there.

Please don’t answer that, instead lets hammer those responsible for this mess and have them tossed out of their offices, without their lucrative pensions as penalty for the crimes they committed against fellow Canadians.

Seriously just how corrupt can our WCB Boards get before someone will say enough is enough?

Why does government continue to balance its books on the backs of the disabled?

Why do those working to screw injured workers over have such mind boggling pension plans paid for with injured workers blood?

Time For a Reality Check

Injured workers are being told on a daily basis for decades now that if the adjudicator cannot see pain, there is no claim. Blatantly adjudicators have said directly to the face of injured workers, “we have unlimited resources, we don’t care if you try seek litigation”.

Nearly every injured worker has been sneered at with the following comment, “Workers Compensation is not required to pay for pain, and it pays only for lost wages”. Now we know they don’t pay for either pain or lost wages.

We have see instances where adjudicators have bragged to employers that they have a ZERO track record for anyone staying on WCB benefits, then being promoted by coincidence for their outstanding achievements.

We have thousands of cases in Canada where Chronic Regional Pain Syndrome is being denied after having been classified as fakes by people who subcontract for WCB as physical therapists. The irony is that these people were already certified as suffering from Chronic Regional Pain Syndrome by licensed doctors, or in some cases expert medical doctors whom are specialists in the field.

The way injured workers with CRPS are being treated today makes a joke out of the Supreme Court ruling on that very same topic.

A history of DENIAL by compensation boards regardless of medical evidence proving injured workers were honest in regards to their medical history. Yet the Workers Compensation will spend hundreds of thousands of injured workers dollars to show the rare case of a fraud claimant.

The reality is that for every fraud claimant, there are about 1000 frauds committed against injured workers.

The WCB Boards have hired in nearly every serious injured worker claim, a spy to watch and video or document injured workers movements, regardless of the traumatic impact this type of investigation has on honest, and law abiding citizens of Canada, even if there is evidence that investigators fabricate evidence, they continue to be rehired.

WCB Boards have a history of hiring or refusing to rehire private investigators, rehab consultants, or any persons dealing with reporting on the condition of the victim if they do not end up getting cost reduction.

Nearly in every case where WCB contracts out work, the work entails a form of denial of claim, and its not a secret this business of denial is one of the most lucrative startup business today.

Hiring drop out doctors from med school to find in favor of reduction of cost of claims, period, and to heck with the real truth, they are the backbone of WCB’s medical review panels.

WCB to this day refuses injured workers the right to have a witness present when their own privately hired doctors do the assessment to determine permanent injury. They have the right to refuse not only the witness but the obligation to pay injured workers for their injury as forfeited by the injured worker for refusing to be examined if you refuse to be examined in the presence of a witness.

The very AMA Guide they use states clearly the rules for using that information, yet WCB allows these doctors to violate those very rules in order to reduce WCB costs.

The doctors they use are the same ones used to fight injury claims in auto accidents, so as a doctor, their job is to make a liar out of the injured worker, to negate the claims of injury are the objective of these doctors who defy the oath made by doctors to protect and serve their patients best interests.

The Hippocratic Oath is one of the oldest binding documents in history. Written in antiquity, its principles are held sacred by doctors to this day, however these doctors are paid to slander what other doctors gave diagnosed, to refute the true extent of an injury.

Ask yourself how the actions of these doctors are not the most flagrant violation of the Meredith Agreement, and it flies in the face of everything that legitimized the Workers Compensation System in the first place. Refer to the Meredith Principal.

In British Columbia the Workers Compensation Board writes letters to injured workers doctors, demanding that in order to get paid; they must conform to rules that are withheld from the public, a form of extortion that makes doctors afraid to write anything supportive of injured workers claims.

Doctor’s behaviors after receiving these letters is 180 degree shift in attitude towards their patients, they absolutely refuse to write anything that can be used in a courtroom to prove an injured workers claim. Some specialists will only agree to see you if you agree not to use their findings in a courtroom.

Regardless of how honest injured workers are, WCB adjudicators are notorious for using the “laughing in your face” tactic to elicit a reaction out of you that could be used to terminate your benefits. Another common tactic injured workers must endure is the comments “your just too lazy to return to work” again to elicit a violent reaction they can use against the injured worker.

Instances of where adjudicators are suggesting patients (injured workers) use opiod drugs to be able to return to work, that despite the danger it poses to both injured workers and fellow workers.

Instances where adjudicators refuse to follow the advice by a patient’s doctor, to be referred to a specialist, and then the patient is also not allowed under WCB regulation to sue for the consequential injuries.

The WCB refuse to be responsible for any injuries that occur as a result of an injury. Example is when you have one leg that is unstable or a head injury that causes a loss of balance, the injury that occurs due to a fall is not recognized by WCB.

The WCB also like to use a chart to determine what they owe injured workers; however the very first statement in that chart says that the contents are not to be used to evaluate the disability of injured workers. I refer to the AMA charts that are being used (abused) systematically with only one objective in mind, ironically they never use the words to deny a claim, and they use the politically correct version of “cost reduction.”

Let me stop here, because if any investigation needs my help I can over them about 20 pages of abuse by WCB without ever having to repeat myself. Look up Workers Compensation on CBC or CTV and read the comments left by hundreds if not thousands of Canadians who have been burned by none other than their own government, because they had an accident at work. A crime they must pay for by living in poverty for the rest of their lives.

In closing I would like to thank Hugh MacDonald for having been honest enough to step forward with some truth in regards to the WCB. Canada is in need of more honest men and women with the courage to stand up for truth, even if it’s more cost effective to shut up and hide as most politicians do.

As for evidence to back up what I have said, I have a box that weighs over 80lbs of paper, video tapes, audio tapes, legal documents to back up everything said in this article and would be happy to hand it over to any lawyer with the integrity and courage to fight this abuse.

As for the common Canadian citizen, please have the courage to stand up and tell these political hacks to their face that their days of abuse need to end…..immediately or face the fury of the electorate.

Fight for people who have been treated worse that the victims of abuse overseas that we claim to be fighting to liberate. Fight to liberate our injured workers from a lifetime of poverty and verbal abuse from both WCB and the governments who allow them to abuse disabled injured workers.

The RCMP should put locks on the WCB offices until a complete investigation is done into the behavior of all WCB employees, likewise no unions should be allowed to negotiate excuses for crimes committed against WCB victims.

Dereliction of duty charges should be laid in the case of every upper level management position found to be supporting the current corrupt WCB system. Criminal charges should be brought against every person who willingly and knowingly reduced or removed injured workers benefits.

Charges of deliberate psychological abuse charges should be laid against all adjudicators who have verbally abused their position to reduce costs for the WCB.

Finally all charges against Patrick Clayton be placed on hold until the investigation into the WCB is completed, in the mean time Patrick Clayton needs to be sent to a rehabilitation center and compensated for the abuse committed against him. If in fact the WCB is found to be guilty, all charges against Patrick Clayton should be dismissed.

JLS ……For What It’s Worth

Jun 172012
 

Is This The Truth
Posted on July 24, 2010 by JLS

WCB Employees Paid To Commit Fraud

For most Canadians it would come as a big shock to find that the government(s) runs organizations like the Workers Compensation Board for the sole objective of cost reduction for big business, with itself as one of the largest employers taking full advantage of the conflict of interest.

The Federal Government instituted the Meredith Principle as law into Canada approximately 80 years ago. Today, even though the Federal Government passed on authority to manage Workers Compensation to the provinces, it remains itself one of the greatest benefactors of the new perverted version of Workers Compensation.

Today there is hardly a trace left of the principals set out by Chief Justice of Ontario, Sir William Meredith. It would not be an exaggeration to say that they have taken this legislation, turned it inside out to become a one way street to ensure injured workers have no rights at all. Workers Compensations today uses its own kangaroo courts to insure every right injured workers had are decimated.

The four parts of the principles set out by Chief Justice of Ontario, Sir William Meredith are that employers bear the direct cost of compensation, receiving protection from lawsuits arising from injuries; workers give up the right to sue their employers and receive compensation benefits at no cost for work-related injuries; negligence and fault for the cause of injury are not considerations; and a system administered by a neutral agency would have exclusive jurisdiction over all matters arising out of the enabling legislation. This neutral agency became the Workers’ Compensation Board (WCB).

Today before an injured worker even gets to where they are allowed to ask the Supreme Court for justice, every appeal in the WCB kangaroo courts must be exhausted, one thing is certain, that by the time injured workers are entitled to ask for justice, the injured worker will be either dead, or dead broke. The time that passes can easily take up to or exceed a decade of abuse, a psychological, and financial bashing that is unparalleled in any other form of law today.

Nearly every lawyer today rejects claims for the following reasons, first that WCB law does not comply or need to comply with the standards of our real courts of law. The second is that it’s a complete waste of a lawyers time, and clients money, there is no chance of winning. There is however the odd exception to the rule, and that’s what is thrown if the face of every critic of the WCB.

One lawyer wrote to the BC Bar asking for someone willing to take on a case where fighting WCB was like having gone into an Alice in Wonderland form of judicial law. The complete absence of any resemblance to law whatsoever, where WCB makes up and changes the rules, ignores its own rules, and imposes a twisted versions of rules on any lawyer foolish enough to stand up for injured workers.

In a nutshell WCB does the following, in about 90% or more of all of its claims it pays in full with no complaints, these consist of everything from a sliver of wood in the hand to minor cuts and bruises. All those minor claims are WCB’s claim to fame that they are doing their job and doing it well.

Now on the other hand, injuries like Chronic Regional Pain Syndrome or other debilitating injuries that last for decades, or even for life, those are the costly claims, and are also the claims WCB has no hesitation to spend a million dollars to insure a claimant will not set a precedent by getting what is owed to him/her. The crux of the matter lies in long term and permanently injured workers, everything else WCB talks about is smoke shows to divert the public from the real truth.

Well if what I am about to say might offend you, too bad, we as a society need to wake up, grow up, and take some responsibility for the mess we have allowed to exist in our country. It’s your fault we are in this mess because you and your neighbor never spoke up when someone you knew got shafted by the WCB. My fellow Canadians, you are a bunch of idiots if you think, we as a society can gain dignity abroad fighting the Muslims in Afghanistan while on the home front we treat our injured workers as bad as the Taliban treat their women.

Let me say this, do you think the same idiots who designed WCB, will actually make an exception for our permanently disabled veterans? If you do you better crawl back under the rock you have been hiding under. Do some research; they are already being tossed to skid row.

Pardon me for not doing the “heel toe dosey doe” for the Liberal in Alberta who was honest enough to tell the story about how the WCB employees get paid to screw injured workers over.

Pardon the blunt language but common courtesy in the past and present, has meant inhuman treatment for fellow injured workers to a society too busy with their own self preservation to do anything about it.

Is there not some bitter irony that this story exposed by the Liberal Party in Alberta comes hot on the heals of the Patrick Clayton story. Will someone wake up before we have to nominate Patrick Clayton as the only man willing to stand up and tell the truth about what is going on inside the Workers Compensation system, not only in Alberta, but all of Canada? Sorry make that two people in Alberta now, let’s not forget Hugh MacDonald.

Well it was good of the Alberta Liberals to expose this crime, only the Liberals should have said that Patrick Clayton indeed had little options left and the path he chose and may have been for him the only option he could find left. This admission by the Alberta Liberals also gives powerful credibility to the claims made by Patrick Clayton and that indeed all he really wanted was to find a way to expose this story, he was a first hand witness, he was a victim of crime.

Ask any injured worker who has tried to tell their story to the press, and found they were just banging their head against a brick wall. Patrick Clayton was right in regards to the fact it was the only way people would listen to what he had to say.

The second issue is, where is the call for a police investigation into this crime, and while they are at it, they can find this crime duplicated in each and every province and territory in Canada? It’s a Pandora’s box that nobody has guts enough to take on because to do so would jeopardize a relationship with big business and industry, not to mention the cost of having government employees.

Now I also have to ask what gives with the names of our political parties. Has anyone besides me noticed that when it comes to shafting injured workers, all three major party names are very big on the list of making promises to treat injured workers fairly, then in return you might well have urinated down their throats if your actions could speak for you.

Take for example in British Columbia the Liberal Party had one member in particular who really road the band wagon of justice for injured workers. Do you know what the Liberals did once elected? After all once you defeat the existing government, what else can you do to put the truth about WCB back into hiding? The Liberals did what they all do in every province when the WCB’s looking like the criminals they really are; they had a review, and guess who represented the big business in this review?

Well it was none other than Allen Hunt, and guess who the Liberals hired to implement the findings of that review?

Well to bad you can’t have Charles Manson as head of your justice committee, using your logic it would have made very good sense.

Isn’t it amazing when you have a government that hires one of two disputing parties to write the new rules, insanity obviously is hitting new heights and to this day no one has had balls enough to do anything about it?

Look again at the words in the Meredith Principle Agreement and try find any form of neutral party in the name Allen Hunt.

Oh, by the way, check up and find out if Allen Hunt is even a Canadian, he was not at the time our governments hired him. And pray what the hell were the Liberals in British Columbia thinking when they hired an American to re-write Canadian Law?

The citizens of Canada got what we paid for, it’s called “Screwed” and corporations all across Canada were laughing all the way to the bank. Its not just Canadian corporations, the vast benefactor of these new WCB policies befit foreign investors even more, as today the vast majority of big business is majority owned outside of Canada.

So then we must ask, what the hell is a Liberal? Not that they are better or worse than the NDP or Conservatives, they are all a bunch of liars who will say anything to get elected, and then my mind asks me if Patrick Clayton, did or did not have alternative options.

There simply is not enough space here to post the crimes each party has committed against the permanently disabled injured workers. Each and every party n power has a long standing legacy of balancing its books on the backs of injured workers.

Ask yourself this, when the government and the WCB does not have to follow the law, should the citizens of Canada be required to? Would you still condemn Patrick Clayton if you understood what he was up against? It is still against the law to endorse crime so we won’t go there.

Please don’t answer that, instead lets hammer those responsible for this mess and have them tossed out of their offices, without their lucrative pensions as penalty for the crimes they committed against fellow Canadians.

Seriously just how corrupt can our WCB Boards get before someone will say enough is enough?

Why does government continue to balance its books on the backs of the disabled?Why do those working to screw injured workers over have such mind boggling pension plans paid for with injured workers blood?

Time For a Reality Check

Injured workers are being told on a daily basis for decades now that if the adjudicator cannot see pain, there is no claim. Blatantly adjudicators have said directly to the face of injured workers, “we have unlimited resources, we don’t care if you try seek litigation”.

Nearly every injured worker has been sneered at with the following comment, “Workers Compensation is not required to pay for pain, and it pays only for lost wages”.Now we know they don’t pay for either pain or lost wages.

We have seen instances where adjudicators have bragged to employers that they have a ZERO track record for anyone staying on WCB benefits, then being promoted by coincidence for their outstanding achievements.

We have thousands of cases in Canada where Chronic Regional Pain Syndrome is being denied after having been classified as fakes by people who subcontract for WCB as physical therapists. The irony is that these people were already certified as suffering from Chronic Regional Pain Syndrome by licensed doctors, or in some cases expert medical doctors whom are specialists in the field.

The way injured workers with CRPS are being treated today makes a joke out of the Supreme Court ruling on that very same topic.

A history of DENIAL by compensation boards regardless of medical evidence proving injured workers were honest in regards to their medical history. Yet the Workers Compensation will spend hundreds of thousands of injured workers dollars to show the rare case of a fraud claimant.

The reality is that for every fraud claimant, there are about 1000 frauds committed against injured workers. The WCB Boards have hired in nearly every serious injured worker claim, a spy to watch and video or document injured workers movements, regardless of the traumatic impact this type of investigation has on honest, and law abiding citizens of Canada, even if there is evidence that investigators fabricate evidence, they continue to be rehired.

WCB Boards have a history of hiring or refusing to rehire private investigators, rehab consultants, or any persons dealing with reporting on the condition of the victim if they do not end up getting cost reduction. Nearly in every case where WCB contracts out work, the work entails a form of denial of claim, and its not a secret this business of denial is one of the most lucrative startup business today.

Hiring drop out doctors from med school to find in favor of reduction of cost of claims, period, and to heck with the real truth, they are the backbone of WCB’s medical review panels.

WCB to this day refuses injured workers the right to have a witness present when their own privately hired doctors do the assessment to determine permanent injury. They have the right to refuse not only the witness but the obligation to pay injured workers for their injury as forfeited by the injured worker for refusing to be examined if you refuse to be examined in the presence of a witness.

The very AMA Guide they use states clearly the rules for using that information, yet WCB allows these doctors to violate those very rules in order to reduce WCB costs.

The doctors they use are the same ones used to fight injury claims in auto accidents, so as a doctor, their job is to make a liar out of the injured worker, to negate the claims of injury are the objective of these doctors who defy the oath made by doctors to protect and serve their patients best interests.

The Hippocratic Oath is one of the oldest binding documents in history. Written in antiquity, its principles are held sacred by doctors to this day, however these doctors are paid to slander what other doctors gave diagnosed, to refute the true extent of an injury.

Ask yourself how the actions of these doctors are not the most flagrant violation of the Meredith Agreement, and it flies in the face of everything that legitimized the Workers Compensation System in the first place. Refer to the Meredith Principal.

In British Columbia the Workers Compensation Board writes letters to injured workers doctors, demanding that in order to get paid; they must conform to rules that are withheld from the public, a form of extortion that makes doctors afraid to write anything supportive of injured workers claims.

Doctor’s behaviors after receiving these letters is 180 degree shift in attitude towards their patients, they absolutely refuse to write anything that can be used in a courtroom to prove an injured workers claim. Some specialists will only agree to see you if you agree not to use their findings in a courtroom.

Regardless of how honest injured workers are, WCB adjudicators are notorious for using the “laughing in your face” tactic to elicit a reaction out of you that could be used to terminate your benefits. Another common tactic injured workers must endure is the comments “your just too lazy to return to work” again to elicit a violent reaction they can use against the injured worker.

Instances of where adjudicators are suggesting patients (injured workers) use opiod drugs to be able to return to work, that despite the danger it poses to both injured workers and fellow workers.

Instances where adjudicators refuse to follow the advice by a patient’s doctor, to be referred to a specialist, and then the patient is also not allowed under WCB regulation to sue for the consequential injuries.

The WCB refuse to be responsible for any injuries that occur as a result of an injury. Example is when you have one leg that is unstable or a head injury that causes a loss of balance, the injury that occurs due to a fall is not recognized by WCB.

The WCB also like to use a chart to determine what they owe injured workers; however the very first statement in that chart says that the contents are not to be used to evaluate the disability of injured workers. I refer to the AMA charts that are being used (abused) systematically with only one objective in mind, ironically they never use the words to deny a claim, and they use the politically correct version of “cost reduction.”

Let me stop here, because if any investigation needs my help I can over them about 20 pages of abuse by WCB without ever having to repeat myself. Look up Workers Compensation on CBC or CTV and read the comments left by hundreds if not thousands of Canadians who have been burned by none other than their own government, because they had an accident at work. A crime they must pay for by living in poverty for the rest of their lives.

In closing I would like to thank Hugh MacDonald for having been honest enough to step forward with some truth in regards to the WCB. Canada is in need of more honest men and women with the courage to stand up for truth, even if it’s more cost effective to shut up and hide as most politicians do.

As for evidence to back up what I have said, I have a box that weighs over 80lbs of paper, video tapes, audio tapes, legal documents to back up everything said in this article and would be happy to hand it over to any lawyer with the integrity and courage to fight this abuse.

As for the common Canadian citizen, please have the courage to stand up and tell these political hacks to their face that their days of abuse need to end…..immediately or face the fury of the electorate.

Fight for people who have been treated worse that the victims of abuse overseas that we claim to be fighting to liberate. Fight to liberate our injured workers from a lifetime of poverty and verbal abuse from both WCB and the governments who allow them to abuse disabled injured workers.

The RCMP should put locks on the WCB offices until a complete investigation is done into the behavior of all WCB employees, likewise no unions should be allowed to negotiate excuses for crimes committed against WCB victims.

Dereliction of duty charges should be laid in the case of every upper level management position found to be supporting the current corrupt WCB system. Criminal charges should be brought against every person who willingly and knowingly reduced or removed injured workers benefits.

Charges of deliberate psychological abuse charges should be laid against all adjudicators who have verbally abused their position to reduce costs for the WCB.

Finally all charges against Patrick Clayton be placed on hold until the investigation into the WCB is completed, in the mean time Patrick Clayton needs to be sent to a rehabilitation center and compensated for the abuse committed against him. If in fact the WCB is found to be guilty, all charges against Patrick Clayton should be dismissed.

JLS ……For What It’s Worth