Sep 062012
 

The N.B. Appeals Court decision is on Canlii http://www.canlii.org/eliisa/highlight.do?text=douthwright&language=en&searchTitle=New+Brunswick+-+Court+of+Appeal+of+New+Brunswick&path=/en/nb/nbca/doc/2012/2012nbca35/2012nbca35.html

 

There are many good arguments why CPP benefits cannot legally be clawed back and the one reason I zeroed in on is the fact that workers compensation is supposed to be 100% funded by employers. That being the case, the benefits that CPP pays to a worker is partially funded by the worker. According to the WCA, a worker is not required to pay for their workers compensation benefits which when the CPP benefits are clawed back, the worker essentially is paying for their own benefits through premiums paid into CPP that are clawed back by WCB. Also is the fact that CPP benefits is a matrimonial savings account and not a slush fund to be used by WCB to reduce their obligations to pay compensation benefits. My hat off to the N.B Appeals Commission who had the intellectual capacity to fight WCB over this matter. Notice also is the fact that the employer and WCB ganged up on the worker indicating that the WCB serves only one master and that is the employer. Of course, WCB is an employer and as well the provincial government who are supposed to be overseeing this horrendous, biased, unfair piece of shit that the government created to protect employers from litigation and criminal negligence causing injury or death of a worker without any thought of protecting the worker or his/her family from becoming a burden on family, friends and society.

 

Gerry Miller

Jun 202012
 

 

” It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. The Board is funded by the employers, and the Board has a duty and probably a primary duty to protect the employer. In relation to the worker, the Board has an overwhelming wealth of knowledge and experience. It has the financial ability to fund sophisticated investigations involving highly qualified experts and have the material presented to them, guided, orchestrated and propounded by its in-house counsel responsible to the Board and paid for by the Board. The application of any standards under the rules of natural justice would identify such circumstances as being unequal in negotiating ability and unfair. This is not a level playing field, it is not fair, and it offends the basic principles of natural justice.”

– Justice Maclean – Court of Queen’s Bench of Alberta