All information has been collected directly from Claim ######## November 9th 2007
Tthe financial workings of the Workers Compensation Board of Alberta, it does not include all previous evidence that called for with Appeals Commission Audit.
On January 26th, 2006, I had a hearing in front of the Appeals Commission, pertaining to an audit on my claim. When the audit was about to be put in front of the Appeals Commission ,a letter from Murry McIntosh dated January 12th, 2006 warning the appeals commission not to proceed with the portion of the audit pertaining to the charges he set against me in October of 2005 as he insinuates that I am appealing for forgiveness on the alleged fraud
(June 2004 requested an audit on my claim) or they would be subpoenaed into court
(we agreed between us that the appeal was prior to said situation, although all audits pertained after the fact).
The hearing chair had voted in favor of myself, with the chair asking for an internal audit, the audits that were done by order of the chair were neither proper or accurate; here are the reasons as why I feel it has not been done correctly, even though I have been informed by WCB that it is correct and true, letter from case manager March 22, 2007
I. WCB claims that all cheques issued to in my name are considered income on the T5 taxation for the year 2003 states that I made over $44,000.00, which included computer, reimbursements, travel & meal allowance, loan/advance, school tuition and supplies, according to Revenue Canada only paid benefits were to be on T5, : repercussion of as of June 2004, caused my family to lose our GST rebate and lowered our child tax credits,: In May 2004, my WCB benefits were originally cut off , by end of May reinstated, which time my benefits were set at a deemed position as if I had passed my schooling and working in that profession.
II. Pre-accident earnings for 1999 listed at different amounts
• letter from Shirlyann Garlinski dated May 19th, 2005, states $58,280,93 gross pay
• Rate and earning detail dated April 8th, 2004 states $48,225.89 gross and $29,515.63 net
III. July 10th, 2003 and August 06th, 2003 payments were questioned by the appeals advisor as too why these payments were issued and then deleted creating an over payment? It was explained as duplicate payments, but would not produce canceled cheques as requested:
• Note on file by Romaine Nadue payment specialist May 17th, 2004 states that “ As for the reason these payments were issued and then deleted I do not know”
IV. Same overpayments removed numerous times:
• December 20th 2001 letter on file States ‘overpayments from claims 35801 & 40801 were withheld from retro payment.
• February 18th 2003 Rob VanDoesburg case manager letter claims 35801 & 40801 were removed once again by claims manager, explanation was “ it was talked about ,but never recovered”;
• February 17th, 2006 Lorinda Thome payment specialist memo audit states that overpayment from claim # 358 01 was recovered from TPD owed to the claimant of $15,249.31. (No date as to when this was done) leaving $10,810.33 for adjustment. Remainder went to non attendance overpayment, (3 years apart?)
• Lorinda Thome payment specialist March 20th, 2006 memo audit states $4,439.08 is still outstanding from claim 358-01
• letter dated June 14th, 2006 from claims manager page 9 paragraph 2 states that $4,439.08 is still outstanding from claim 358-01
V. Claim payment list dated February 25th, 2004 states that cheque # 367069* was requested on December 19th , 2001 for the period of 1/1/00 to 9/23/01 and issued on February 19th 2003 (over a year later and listed as an overpayment) with various amounts listed to the cheque:
• With the request amount and the payment amount the first request amount is ######## (exactly as list is written in financial information; true amount unknown) payment amount $13,597.68.
• request amount $1,564.64 payment $1,564.64,
• request amount $8,754.64 payment amount $8,754.64 ,
• request amount $37.17 payment amount $37.17 ,
• request amount $1,117.62 payment amount $1,117.62 .
* Yet cheque # 367069 was issued at the amount of $5,503.66 (with overpayments from previous claim and this claim taken off) which translates into $19,568.09 paid to overpayments which did not exist.
On the payment list there is a cheque #367068 which was written the same day for the amount of $1,261.36, although it is on the list with the amount of $1,207.14 along with overpayment deduction.
IV. April 2003 I requested an advance/ loan, which was granted to me with a 12% interest charge and listed as income, which has since been called an overpayment by WCB; with a 5 year with a payment plan that was to be ongoing to
March 2008 @ $223.00 monthly payments:
(The loan paid off prior to this letter being written).
• Letter dated March 29th 2004 over payment details from Marg Sapkos payment specialist states that total of loan is $13,022.10 , with $11,015.10 remaining on loan as there were only 9 payments made out of 20 , interest calculated needs to be revised and additional interest added ( all payments are deducted prior to cheques released)
• June 29th, 2004, $3,022.10 calculated as interest which was manually added to the overpayment/ loan (double interest?)
• Lorinda Thome payment specialist November 2nd, 2005 memo states that as of 30/9/05 loan balance is $6,555.10
• Lorinda Thome March 20th, 2006 memo audit states the $8,369.21 remains outstanding on advance.
• Letter dated June 14th, 2006 from claims manager page 9 paragraph 2 states that $8369.21 remains outstanding on loan as per memo of March 20th, 2006. updated amount was requested
• Letter of September 18th , 2007 states that only $239.18 remains owing on loan
V. Although each audit that has been done the main reference to monies owed is from those charges, with each audit is a different amount calculated as to the monies owing for the same time period:
• Inquiry dated May10th, 2004 stating that there is an overpayment of $14,659.67 left on claim # 01.
• Marg Sapkos payment specialist memo October 26th 2004 further summary to March 29, audit claims $26,230.81 overpayment from nonattendance
• Mr. McIntosh fraud investigator October 2005 claims $22,872.73
• March 20th, 2006 by payment specialist Lorinda Thome states that $22,776.50 is left owing due to non-attendance at school.
• Shirlyann Garlinski , letter of July 14th, 2006, Quoting from memo audit of March 20th, 2006, that $18,337.42 overpayment was due to my non attendance.
• WCB lawyer claims just over $13,000.00, July 16th, 2007 court proceedings
• Shirleyann Garlinski claims manager letter of September 18th, 2007, quotes $19,308.23is remaining amount of over payment from not attending school, and $239.18 remaining on loan.
• Janet Welch case supervisor e-mail November 5th, 2007 states that amount owing now $14, 648.65. ELP benefits now listed $816.46 which is automatically going into over payments, has been since July 1st, 2007.
Court was concluded on July 30th, 2007; therefore I was already forcibly paying back on overpayment before a fixed amount was determined, the amount owed or paid is unknown to me as well as on the advance/loan.
I have no idea as to how much is owed or owing as all the calculations are mixed up, along with unmatching check numbers/monies not accounted for when compared to audit and other financial information along with monies proven to be removed more then once. It is unknown as to how many times the same monies have been removed and claimed that it has not been collected. January 26th, 2006, Appeals Commission informed WCB to list all deductions. To this date WCB has yet to co-operate.
From all that I can see from going though my file is that any cheques issued to me that state on them “user changes” comes back as an over payment, when I questioned this to my claims manager in 2003, I was informed that it was due to my changing of the payment schedule when I requested to have my benefit cheque picked up on a Friday instead of a Monday as it was already written up and ready to mail; however this was not the case in December 2001. There are many such cheques stating user changes when I was receiving benefits.
Along with the unknown amounts mentioned above; also unknown as to the amount of time frame that WCB has decided the monies are owed for:
• In letter from September 5th, 2007 WCB claims non attendance from April 7th, 2003 – April 30th, 2004
• November 2nd, 2004 letter states non-attendance from September 2003 onward.
• WCB submitted a claim on court documents for non-attendance to school from February 1st, 2003 to July 28th, 2004,
(more then scheduled school).
• Court agreement between lawyers states that it was from October 13th, 2003 – April 30th, 2004
As of July 1st 2007, though my claim is still open I no longer receive benefits as 100% goes towards over-payments, I do not receive any information as to amounts paid and to my knowledge that when all collected , although claims manager stated that I would receive updates.
Although I had an appeal on February 4th, 2007, I was informed that the appeals commission will not deal with the over payments, just the audit that was requested by the appeals commission on January 26th, 2006, will be considered. Any appeal to the Dispute Resolution and Decision Review Body pertaining to overpayments will not be addressed again “as it was to be addressed by the Appeals Commission” letter of September 19th, 2007 from claims manager.
Thank You Sincerely
(Revised February 5th, 2008)
(Added April 8th, 2008)
As of receiving the appeal commission’s decision Dated February 15th, 2008, even with this information above shared with the commission, they found the audit to be correct and true. They therefore ordered I hand over all cancelled cheque stubs to WCB within 60 days of dated letter, to compare to their payment list or I am to forfeit any future claims towards audits. Appeals commission stated that a letter from claims manager June 14th, 2006 pertaining to monies owed from previous claim was written in error and had been recovered in 2001, but this does not explain the other letters from previous claims manager/ payment specialists audit or the deductions that have been removed for the said overpayments. The Appeals commission also makes reference to the information above,” as that they did not receive this information from WCB in the file package”.
UPDATE:
As of July /07, my family was forced to Social Services, September 2008 WCB informs Social Services that I am making $816.00 per month, I am then again under FRAUD INVESTIGATION, all assistance cut off. T-5 for the fiscal year from WCB $911.43. Hows that for Fraud and manipulation.
Labels: agency, Alberta, Auditor General, corruption, false, finance, fraud
