Jun 272012

There exists little doubt in my mind that there is complicity involving the Provincial Government who controls the police and all government programs that interact with WCB. Of course that is why the lawyer you have talked to suggests that they can be compared to organized crime when he talks about RICO. Workers are in a major battle when fighting for their rights to be treated with fairness, dignity and respect and because of the inability of workers to stick together, they are able to continue to abuse workers.

Gerry Miller

“For evil to flourish, all that is needed is for good people to do nothing” – Edmund Burke

Jun 222012

Click on the following link http://news.smh.com.au/breaking-news-national/workcover-changes-are-messy-ofarrell-20120622-20rg7.html

The NSW government has now agreed to exempt firefighters and paramedics and not just policeman which for any one with a reasonable amount of intelligence results in two classes of workers, those that are exempted from legislation and those who are not exempted. This is the same situation that exists in Alberta and as well across Canada where firefighters and now all first responders are given presumptive status and other workers are not given presumptive status which in my humble opinion results in a class discrimination. According to human rights legislation and as well, the charter, when people are treated differently, this results in discrimination which is illegal. All people are supposed to be treated equally under the law and before the law.

There is absolutely no reason why the NSW workers compensation would have a 4 billion dollars debt, other than through gross mismanagement. Many workers compensation systems are in debt because of poor investment practices. Studies across America have concluded that work reported injuries are drastically down due to workers not reporting accidents for fear of losing their jobs, yet costs to administer the system have skyrocketed with many workers compensation systems blaming medical costs rather than admitting they lost money through poor investment practices. The same thing that is happening in NSW has been happening across America where workers are having their benefits reduced or eliminated due to worker compensation systems debt load and unfunded liabilities. Many people are of the opinion that the debts incurred by WCB systems should be shifted to the governments who are directly responsible for the mess they have created and is something I agree with. Notably, the WSIB are over 14 billion dollars in debt and are contemplating reducing or eliminating benefits which results in shifting the costs to government sponsored programs such as CPP disability programs and provincial social services programs. Over a hundred years ago, the historic agreement between workers and employers was to prevent workers from becoming a charge on family, friends and society and a hundred years later workers are a charge on family, friends and society. That being the case, what is the point of having workers compensation systems? Why have a system that has now become a two tiered system where you have two classes of workers, firefighters, first responders who have dual taxpayer and employer full earning loss benefits as compared to other workers who have no earning loss benefits even though they are supposed to be guaranteed earning loss benefits from worker compensation systems.

Gerry Miller

Jun 222012

Click on the following link:


Looks like Alberta is not the only workers compensation system that gives bonuses or blood money to their employees to force disabled workers back to work. As always, the governments stick their heads up their asses and pretend that all is okay.

Gerry Miller

Jun 192012


Click on the following link: Re-thinking Workers’ Compensation-The Human Rights Perspective

Re-thinking Workers’ Compensation-The Human Rights Perspective, the June 2012 special open-access issue of the American Journal of Industrial Medicine, is now available online. These articles emerged from background papers prepared for the national meeting, “Rethinking Workers’ Compensation: Developing Strategies to Protect Injured/Ill Workers’ Basic Human Rights” convened by NESRI in 2010. Authors include Emily Spieler, John Burton, Jeffrey Hilgert, Katherine Lippel, Rebecca Smith and Martha McCluskey.

In the journal commentary, guest editor Les Boden writes, “The articles in this special issue propose an alternate framework and analysis, a human rights approach that values the dignity and economic security of injured workers and their families.” Mainstream debates around workers’ compensation are very technical, market-driven and cost oriented. The focus is rarely on meeting the needs of injured/ ill workers. This discourse ignores the plight of the injured/ill workers and their grave suffering as they navigate workers’ compensation systems that often function poorly on multiple levels. A human rights framework mandates that those most directly and negatively impacted by a system, in this case injured/ill workers, be at the center of any discussion concerning system reform. Contributors to the AJIM special issue accordingly highlight the many failures of workers’ compensation and explore pro-worker strategies, solutions and alternatives that are grounded in the experiences of injured/ill workers and designed to advance their rights. For a brief overview of the journal articles, click here. To access the articles directly, click here.

Many of you who receive my e-mails may recognize the name of Dr. Emily Spieler who I have had the privilege of corresponding with and being supported by her during my 7 year fight with the American Medical Association and the Alberta WCB. With her assistance and the co-operation of Dr. Brigham (Editing Chair of the AMA Guides 6th Edition), the AMA Guides were changed to reflect my criticism of the previous “Guides” prior to the release of the AMA Guides 6th Edition which changed significantly from the 5th to the 6th Edition. Many of you also know that the Alberta WCB were forced to admit that they were wrong as to their understanding of how to assess impairment when using the AMA Guides and rather than assess an impairment rating using the AMA Guides as directed by Dr. Talmage (AMA Medical Consultant) reverted to the use of the Alberta Guides which were the old meat charts used by all workers compensation systems in Canada who have abandoned the use of those antiquated earlier guides put together by Dr. Bell in 1960 which are still being used by the Alberta WCB. The Alberta Guides do not recognize chronic pain in any of their impairment ratings whereas the AMA Guides do. Legally, based on the Martin decision, the Alberta WCB is not in compliance with the Supreme court’s decision to recognize chronic pain as being a compensable condition. The Alberta WCB recognizes chronic pain only if it results in an earning loss but does not assess an impairment rating for a discernible diagnosed medical condition. The Alberta WCB must provide an impairment rating for chronic pain just as the Nova Scotia WCB had to and noticeably also is that the BC workers compensation board amongst others provide an impairment rating for chronic pain. A chronic pain rating must also be assessed for conventional impairment ratings and must be added to or combined with other assessed impairment ratings. Not doing this is a human rights violation or a violation of Section 15.1 of the Charter.

Dr. Spieler and her colleagues continue to be a thorn in the sides of workers compensation systems and as well as the Government’s involvement in creating legislation that strips workers of their rights and loss of dignity after suffering a work related injury. The system was and is not meant to be adversarial and was the reason why the system went to an administrative system instead of having claims heard before the courts. As it stands now, the system as it stands now was better 100 years ago then what it is today because of legislation brought in by Governments over the years to protect the “Boards” at the detriment of workers.

I would suggest that you click on all the links within the article to read the full versions of the studies and comments of the authors of the studies.


Gerry Miller

Jun 182012

The new worker’s compensation bill … is an example of man’s inhumanity to man. It is inhumane in the way workers will be treated and is also a good example of social Darwinism.

The so-called new benefits they claim makes them falling-on-the-floor laughable. Increasing the death benefit and payment for disfigurement will cost probably less than a mere $100,000 a year, while the other changes likely will cut injured workers’ benefits tens of millions of dollars or more.

Workers will have to have a lawyer now in almost every case, who will basically have to work for free. They’ll visit a lot of law offices, but I’ll bet they never find that lawyer. (I was chairman of the Mississippi State Advisory Board to the Mississippi Workmen’s Commission in 1994 and around that period for some time handled more cases before the commission, representing insurance companies, than any other single lawyer.)

It was passed because the Legislature (and Governor God) wait each year for the Mississippi Economic Council to come down from the mountain with what they want done written on their stone tablets.

The last few decades prove that letting these so-called businessmen run the state will always keep Mississippi at the wrong end of every state ranking of performances. They aren’t really true capitalists. All they think about is the next quarterly or annual profit-and-loss statement and making sure someone else pays the taxes.

We need some true capitalists who look at the whole picture and work toward a good future for all and not just to keep the money slide headed in their direction regardless of what the costs are to everyone else.

Joe Clay Hamilton



Original Source:  Worker’s comp changes inhumane?


Notably is the fact that the article was written by a lawyer who represented employers and was the chairman of the Mississippi State Advisory Board to the Mississippi Workmen’s Commission. Workers have to realize that their enemy is not the “Boards”, it is the people they elect and specifically the people who are elected and form the government. People like Redford, former premiers of Alberta, Klein,Stelmach, Getty,Lougheed and the present Minister in charge of WCB, Hancock along with former Ministers in charge of WCB, Lukaszuk, Goudreau, Evans, Dunford, Smith are despicable people who allow the abuse of workers by not proposing and enacting appropriate legislation, regulations and policies to enable workers to be treated with fairness, dignity and self respect rather than forcing workers to either commit suicide to end their torment or to continue to fight for acceptance of their claims and benefits and being driven to major depression, homicidal thoughts of killing their tormentors and as well alienating their families by their extreme helplessness to do anything to make the government listen to their pleas for help. All of the afore mentioned people should be charged with crimes against humanity and either be incarcerated for life or face the death penalty. I consider crimes of this nature far worse than treason, yet these people who have the power to stop the abuse and inhumanities to workers seem to think that everything is okay and workers are dissatisfied with how their claims have been handled. What started off as a good system is presently nothing more than a sham to make workers and the public believe that the system will look after workers if a worker suffers a work related injury. Nothing could be further from the truth as many disabled workers have to turn to social programs paid for by taxpayers and sponsored by the despicable people who have unfortunately been voted back in to continue to abuse workers.


Gerry Miller