Sep 212018
 

By Gerald

I was invited by Dr. Chris Brigham who I have known for years to participate in this particular webinar which is the fourth webinar I have participated in by invitation from Dr. Brigham. This particular webinar was specifically to discuss the illegal use of impairment ratings as a direct method of rating a disability. This illegal method was used by all of the workers compensation systems in Canada until the courts in Alberta, Nova Scotia and the Yukon determined that using impairment ratings as a direct method of rating disability was not in compliance with the provincial workers compensation acts. Rather than addressing this, the workers compensation systems in Canada secretly went to a dual award system by providing a separate award for an impairment rating (NELP) and a separate award for an ELP to comply with the courts. However the provincial governments aided and abetted workers compensation systems to defraud workers whose disability ratings were determined based on the direct use of impairment ratings before going to a dual award system.

As noted in the webinar and agreed by the panelists, it is the governments who allowed this to happen. In Alberta, it was the Conservative Government who allowed this illegal practice and now the NDP Government are covering up for the Conservative Government and the Alberta WCB by not reopening these long standing claims where impairment ratings were used illegally as a direct method of rating disability. Obviously this constitutes criminal fraud and is why the Calgary Commercial Crimes Unit recommended criminal charges be laid against the Alberta WCB rather than having some one pursue civil action as recommended by the Senior Crown Prosecutor. It was the Senior Crown Prosecutor who refused to lay criminal charges most likely as directed by the Justice Minister.

This issue is going before the Alberta Court of Queens Bench via Judicial Review on Feb. 19 and 20, 2019 where Jason Bodnar (WCB Legal Counsel) and Dale Wispinski (Appeals Commission Legal Counsel) will attempt to convince a Judge that every one is wrong including Dr. Brigham, Bob Wilson, David Langham, Allan Pierce and Dr. Emily Spieler who also attended this webinar. Both legal counsel will attempt to convince a Judge that WCB was doing nothing wrong by using impairment ratings as a direct method of rating a disability. Most Judges do not have a clue that there is a difference between an impairment rating and a disability rating as was evidenced by a Lethbridge Judge on Judicial Review when this issue was brought before him by listening to WCB legal counsel who made a fool out of him.

This is a webinar that should be heard in its entirety.

In case you missed the webinar session, or in case you’d like to watch it again, here’s the link to the replay video:

Link : http://events.genndi.com/r/3/0/replay/169105139238449234/d506426a10/0/74197196
Room password : N/A

Webinar title : Impairing the Guides: The Legal Assault on the 6th Edition
Webinar description : The 6th Ed of the AMA Guides to Permanent Impairment have been under assault in US courts; Can they withstand the scrutiny? What comes next?

Webinar hosted by : Robert Wilson, David Langham, Alan Pierce, Dr. Christopher Brigham

Date : Thursday, 20 September 2018
Time : 01:00 pm Eastern Time (US and Canada), GMT -4

Aug 012018
 

By Gerald

I was one of the privileged attendees that were invited by Dr. Brigham who I have known for over 10 years. For those who are unfamiliar with Dr. Brigham, he is one of the world’s leading experts on impairment ratings and is the Editing Chair of the AMA Guides 6th Edition. This is the second Webinar I have been invited to by Dr. Brigham specific to problems within the workers compensation systems with other Webinars being planned. The topic was something that affects every one, from the tax payer who is forced to subsidize workers compensation systems when workers claim and benefits are illegally denied based on WCB friendly doctors, in house lawyers and insurance companies who are to blame for the anger and frustration of the injured worker. The topic specific to the Webinar was “Anger and frustration of the Injured Worker”

It was agreed by all attendees that the grand bargain that resulted in the formation of workers compensation is no longer the grand bargain that it was supposed to be. Many in attendance believe that the whole idea of workers compensation should be abolished and some other form of disability insurance be provided through the Federal Government rather than through provinces or states who do a pathetically poor job of ensuring workers get the benefits that they should be entitled to. All in all it was an interesting topic.

Obviously, everyone knows that the system does not work and most workers with permanent disabilities wind up on CPP disability benefits or Social Assistance resulting in taxpayers paying for work-related injuries.