Why is only One Ministry in Charge?

Any of you that follow this blog will know that this is about the Alberta Workers Compensation Board, who is the Insurer of Employees in protecting the interests of Employers.

Now the WCB is responsible for those who are Disabled/Injured by Occupation ( aka Injured Workers), the WCB controls our Medical, Financial, Re-training if needed and any other aspect of returning the Worker back into the roll of being a contributor to society.

The Ministry of Labour is supposedly responsible for the WCB , via Legislation, However the Minister can only Legislate to the WCB and not held accountable for the day to day practices of the WCB, which include: manipulation of Financial Information, manipulation of Medical Information along with manipulation of Personal Information.


The Auditor General's Office has no control over the WCB's Audits , except for the yearly, nor will they investigate any possible Fraud when the evidence is put forth in front of them, the Minister of Health cannot investigate any wrong doing by the WCB when it comes down to Medical issues, nor will the Freedom of Information investigate any wrong doing when it has been shown that Personal Information has been altered.

These are are Ministries that should be involved in the WCB as the WCB covers various areas, but some reason it is only kept in the hands of the Ministry of Labour, that is unable to actually do anything about the accusations and concerns from Albertan's, which are criminal in nature. We have Hansard's where situations  are addressed, Judicial & Ministerial Reviews are done without an outcome or resolutions, nor are the suggestions/recommendations by those considered  , the Judicial cannot get involved due to Judicial Immunity, although many have tried. A large majority of Disabled by Occupation have spent Thousands of Dollars to Lawyers only to find out a few months & a few Lawyers later , that their money to seek Justice and to get what is rightfully theirs was wasted. The WCB has all the protection in the World and free reign to do what ever they wish , to whom every they wish: you write or say something they do not like they will bring the Law down upon you.

As being an Administrator for a National Disabled/Injured Workers web site, we have had many people that are suicidal and we try to find them the help they need, sometimes it is Law Enforcement that we call  to protect the person from themselves, other are frustrated to the limit where they no longer care about the outcome of their actions as all they want to do is retaliate, we had a lady who wrote about a dream she had , it involved the WCB and Explosives, it had not been posted for more then 6 hours when we were notified that the posting had to be removed as it was considered to be a threat to the WCB, needless to say that particular lady turned out right after that to be another person that we had to call the Authorities on to prevent another suicide as she felt she was being not only deprived of her life by the WCB , but now deprived of her emotions and subconscious dreams that she has no control over.

I bring this up due to her actions , the actions of the WCB and a recording of a past Alberta MLA, who is now a Federal Member of Parliament, who Advises a WCB Claimant that Blowing up the Alberta WCB is a good Idea, yet nothing is said or done about this, the Media, Leaders of the Opposition or RCMP seem to care about that , but when it is a Claimant or any other person raising their voice , without making type of a threat, they are subject to ridicule, banned from WCB property and subject to claim reviews that more often then not have them denied benefits and cut off all Medical & Financial assistance including prescription drugs, while labeling the person as a drug addict when they are need of their prescription that they cannot afford, which leads many to drastic measures.

Why is there only One Ministry in Charge when so many Ministries are actually Involved , from Health to Justice, from Finance to Family Services.

Canadian "White Collar Criminals w/ Judicial Powers & Immunity"

“Only in Canada you say ? Pity “ that is what the world wide corporations are saying as they look at the way Canada allows “White Collar Crime” to run rampant and endorsed by the Government. The Government bails out corporations with Millions of dollars and allows them to pocket the finances for the C.E.O’s and top administrative positions of the corporations while those who are owed their pensions and benefits go unpaid. If you are not part of the corrupt system then you are more likely the ones that are being abused and sent into poverty, whether immediately or slowly over time.

Where a corporation is able to have Judicial Powers and Immunity, can doctor the books to their satisfaction and anyone that questions it will be made into a criminal or worse: have their families destroyed by the “tag teaming” of Government agencies to ensure that any person that rebuttals their decisions will not have the credibility to proceed with their fight for Rights, Freedom and Justice.

Our Government selects people to sit on tribunal’s to make judgment of these situations and depending on the person that is sitting at the time depends on a fair hearing or not, for instance a tribunal had ruled in favor of a person, regarding a selected employment position where the person was incapable of fulfilling the position, a few years later the tribunal with different people sitting as Judges, with evidence that was used prior and new evidence that was not allowed to be used by plaintiff, over turned the previous; the main overturn was pertaining to financial auditing where it had been found that the corporation had under paid the person involved by a considerable amount of Money and yet they had turned that information around and wrote up the “new pension” as the beneficiary had to pay them back for the money they actually owed , creating a situation where they had done all they could to keep this person from exposing the truth. This has happened more then once to the same person and has happened to many others in Canada, as this practice is tolerated and seemingly endorsed by our Governments and Judiciary professionals.

They use the Finances to make you do their bidding, force you into torture with their “ No pain , No Gain” policy for the sick and injured; make you follow  a program that is so painful and over bearing that if you refuse or do not complete the tasks they set out for you then again you are financially abused, most times they remove more then you are entitled to receive, as a person that was receiving $500 a week and missed a day due to a family medical emergency and was deducted $250 for that day. Another favorite tactic is to place a person into a "Deemed" employment, they state the amount a person is to make, at the highest amount they can find and deduct that amount from the benefits of a disabled worker; they then set the amounts of raises that a person would get, can you imagine a retail sales clerk making $32,000.00 per year with a $7,2000.00 raise after the first year of employment?
 You can appeal their decisions, but after a time they will refuse any future appeals on a claim by the wording of the Appeals Commissions Decision , or which has been the case prior, where the appeal letter has sat on the Claims mangers desk for months/ appeals adviser is no longer working there and the claimant does not find out until after the one year time period for appeal has expired, extortion at its finest.
They do as they wish without fear of reprisal, from our Governments or law enforcement, why? Ask our Governments and Law enforcement..  

As time has gone by, Canada’s famous police force refused to investigate, instead they told the beneficiary to hire their own lawyers and forensic auditors as they did not want to get involved, the City police that have the jurisdiction of the where the crimes were committed also would not get involved as they seem to pick and choose who they will investigate, or Ministers of Justice and Solicitor Generals refuse to request an investigation into these criminal acts and violations of many kinds, with the “War on Terrorism” that has gone world wide, makes one wonder who the real terrorists are, after all the main part of all wars is the “propaganda” to convince the people of that particular nation that they are the ones in the right and that the enemy is always the one that goes against our beliefs and principles no matter how untrue those words really are; Remember that disabled workers are terrorist minded as they have no recourse legal action due to the abuses and injustices that are permitted by Governments that believe anyone who stands up against their corrupt ways is considered a “TERRORIST”, in other words the Canadian Government along with its Provincial counterparts.

 Dealing with this situation many of us face, is the problem of Provincial Government agencies will suck the "soul" right out of you, "while your still kicking", and the Federal Government will not get involved even though they made it law for every worker to be covered by WCB/WSIB; Its like they thrive on torturous situations that are just as much a mind game in dealing with them; as it is physical in the forms of rehabilitation / over pushing the injury, causing more damage , is this how they torture/ treat the Taliban?

Letter to Mr.Mah ; Legal Representative to the WCB of Alberta

Mr.Mah
I would like to address a few issue's with you pertaining to criminal activities of the Alberta Workers Compensation Board, from fraud, blackmail and extortion to United Nations Human Rights Violations,
as well as the conduct of some WCB employee's.

What right does a WCB representative have to threaten Members of the Appeals Commission with court action against them if they follow through with a hearing pertaining to false financial reports and the practice of manipulating various types of information.

What give the Workers Compensation Board the right to choose an employment for a Disabled Person that they have no desire to participate in or have a suitable personality for that forced occupation, which in turn is a conflict of interest of the United Nations Declaration of Rights concerning the Slavery clause as being forced into an occupation and the wages for such employment are forced upon the Disabled Person, for the reason of reducing benefits and forcing those people into poverty.

What gives a WCB employee who is not medically trained, the power to over ride a Physicians instructions on medical care and rehabilitation, while forcing that person into more physical injury and unnecessary pain.

WCB employees forcing person's into academics that they are unqualified for,refusing to provide them with the academics that they need to succeed, while stipulating rules of pass, fail or drop out the WCB is done with them.

Why should these already disabled people, be subjected to Physiological terrorism by the employees of the Workers Compensation Board and its affiliate businesses, by accusing the disabled person as being a malingerer or non-compliant due to their pain threshold is at the limit and yet are forced to continue by those who are for the most part unqualified for their positions.

WCB's contact with the department of Family Services to have a family denied assistance due to the Deeming of Employment and Manipulation of Information and having that same family into the courts fighting for their children due to the corrupt actions of the Alberta Workers Compensation Board.

Extortion of monies from the disabled person's and the rise in premiums to the employer's, (I speak of the 2003 Auditor Generals report specifically and to the T-5's issued for that year)

Medical malpractice by employees and Doctors of the Alberta Workers Compensation Board, by not fully diagnosing the patients or Staff's claimed Medical knowledge from reading medical reports, to the abusive and inhumane treatment of person's at the WCB sponsored rehabilitation Centers.

For a non-profit organization you have accumulated a lot of Finances, Property and an extreme amount of high paid staff all at the cost of disabled people and the employers that are forced to be subject to the criminal and inhumane practices of a money laundering business.

Sincerely
Ken

ARM's LENGTH of GOVERNMENT" UPDATED VERSION

This posting is mostly about Alberta; however if you read on you will see the connections for all of Canada, and Internationally. I found some situations here to be very bothersome in the area of A.W.C.B.C working directly with our Military, it is bad enough that the A.W.C.B.C lobbies our Federal Government on behalf of their provincial WCB/ WSIB members, to remove our rights, while the Provincial WSIB/WCB offices lobby the Provincial Governments for other Legislation that benefits the organization.
Meanwhile the Federal Government refuses to investigate the Violations of Rights across our Country, of which they assisted in.


I added a new posting to my blog prior that was initially there to show the bullheadedness of the WCB, on how they deem the employment that they use to lower our benefits, however after a comment by a sister injured worker, I came to realize that "Hey these letters are not individual to each province", they are written in the same context pretty much word for word; now does that sound like independent WCB's for each province ?

There is more to this organization then our Government is allowing us to know. I am beginning to feel that my thoughts of an International Organization at least a National organization is in charge of the whole country with each province as it's own area.




This does not only effect the private sector,even the military has the same type of abuse, the same problem as they too are under the care of a  Income Security Insurance Plan. Too much coincidence ?





why are the Provincial compensation Acts so different from the Federal Government Employee's, beside the department of Justice in charge instead of the department of Labour?




Seems like this organization had found a way to take control in an area that our Governments did not want to walk through and allows them all the power (least in Canada) to override our basic rights and freedoms, pushing their power farther.

Does Workers Compensation Board of Alberta and its Government Discriminate against Injured workers?

WCB Alberta has over the years, has done surveys on the injured workers.
Many of the injured workers are those that have had minor injuries, by that I mean a broken bone or an illness that would allow the worker back to work after a short period of time; they are surveyed workers that give a good report on WCB as they have not been subject to benefit denial or reduction, are treated with fairness, understanding and are given any assistance that is asked for while collecting their total benefits and those are the reports that most of the population hears about and allows WCB to be praised by their stakeholders and themselves.

Permanent injured workers; who make up the lower percentage of the surveys and lower percentage of injured workers, are those that do not give a good report about the WCB and are the ones that have suffered through denial, benefit reduction, they are/ been subject to verbal, financial, physical, emotional abuse/ harassment, which in all is psychological abuse..
What I have found is that WCB Alberta has all these policies and procedures in place for the injured workers, that are in reality nothing more then a false statement of wording;
eg: Increase the modified work placement for all disabling claims: establish a baseline and improvement target
The truth is that modified work placement is nothing more then the WCB “deeming” a position that they believe the injured worker is capable of doing, regardless if the injured worker has interest or personality conflicts in that area of employment . Once a permanently injured worker is “deemed”, the benefits to that worker are deducted by the amount calculated by the WCB; eg: retail sales clerk, with no experience, is calculated at $34,000.00+ and has a percentage added annually ( representing wage increase) which is subtracted from the original benefit amount until the “deemed” employment matches the original income of the injured worker, than all benefits are cut off; regardless if that injured worker was able to secure employment or not.

The WCB also has in its power to gain medical information about a person with the Freedom of Information act; without the claimants permission or knowledge, whether it is injury related or not, with this information they alone determine if the injury is compensation able or not; eg: an injured worker has a spinal injury and they find a history of arthritis, your benefits could be lowered or they can refuse a claim on the grounds pre-existing condition, which has happened to many.
Not including the claims that have been accepted and then later re-written as pre-existing condition due to development of arthritis or another condition that they feel fit to use as reason.

With the above stated pertaining to the Freedom of Information act, where as the WCB can get all medical information including from a 3rd party, when an injured worker attempts to get information on their claim via the Freedom of Information act, much of the information is withheld, which prevents the injured worker from fully being able to investigate what has been happening on their claim; this is especially true when an injured worker needs this information for appeals purposes.

Many seriously injured workers have been subject to extremes of physical abuse, where they are made to over extend they capabilities of physical rehabilitation; eg: WCB employees telling the injured that they are not trying hard enough to complete the program that had been set out for them and any rebuttal is considered non-compliance and then they are threatened that non-compliance is grounds for denial of benefits and any further assistance from WCB, which this common practice, constitutes psychological, financial and verbal abuse.

It has been proven that the WCB’s actions of physical therapy, has caused more problems then it attempts to correct, survey done by Hospital of Special Surgeries in New York as there has not been any such type of independent survey done in Canada ( least not known to author). Personally I have witnessed injured workers where due to the actions of WCB employees, where a mans screws in his foot were retracting due to the exercise program authorized by Alberta WCB at Mallard Rehabilitation center, another where an elderly lady was forced to haul wheel barrels of fire wood back and forth at Richmond WCB rehabilitation center until she turned blue in the face with chest pains, yet she was told to keep going or be reported for non-compliance; that incident almost caused a physical confrontation against the WCB employee.

The WCB of Alberta has been well known for their use of verbal, emotional, physical and financial abuse, as have the various other WCB/WSIB’s across Canada.

Our Federal Government has been preaching to the world on discrimination and abuse of those that are unable to protect themselves, preaching about Human rights violations around the globe, yet they stand by and allow these criminal acts to go on in their own country, animals have more rights then permanently injured workers in Canada.

Our Provincial Government does nothing but sits back and allows this to happen to it citizens, even though it does legislate the WCB, the answer from the Provincial Government and its Ministries is that they do not have control of the WCB as it is an arm’s length of Government, yet the WCB states that they are Governed by the Province and must follow legislated regulations that enable them to commit crimes against Humanity, defraud the injured and employers, manipulate information and take total control of the injured worker’s life; eg: an injured worker wants to become self employed, then they are required to submit a business plan to the WCB and they will investigate whether it is viable or not; want to do it on your own via Federal Government grants? , you will be told that you are the responsibility of the WCB and that any such grants must be through them.


Along with Judicial powers and total power over the injured worker, the law in Canada has no Jurisdiction over the WCB’s, if they do, nothing has ever been done about the criminal activities that they so often perform, which is contrary to the Canadian Charter of Rights. No Organization has power over Canadians, let alone a world wide criminal organization.
http://abusebyalbertasworkerscompensation.blogspot.com/2009/04/this-is-written-for-province-of-alberta.html

As I write this the WCB’s in the United States are under investigation via the R.I.C.O laws, which are racketeering and other criminal acts performed by the WCB’s and employers.
http://iwocac.ning.com/forum/topics/employers-face-rico-claims-for?commentId=2011525%3AComment%3A10508

Now I know why the Police will not investigate

After I read this article http://www.thestar.com/printArticle/702444 I now know why I never received any assistance from my local police or Government officials.I am not the only person that has witness this type of corruption as SuperNewf has also made public http://injuredworker.ca/v1/node/34.

With evidence of outright fraud by WCB for monies wrongfully collected, monies re-claimed as owing ( already collected) and payment file information altered on claim, I took the information to the R.C.M.P with a formal complaint, the R.C.M.P will not investigate, instead they advised I retain a lawyer and forensic auditor, each at a minimum of $250.00 per hour, yet when the WCB requests their help they jump on the person with great enthusiasm,I also took this information to the auditor generals office and received a similar answer, that they do not do privet audits to assist in fighting WCB, the office only audits WCB's yearly finances (that are juggled to suit the company), our government allows WCB to do what they wish , when I requested an audit on my claim due to wrongful monies taken from me more then 3 times for the same so called overpayment,after 4 different audits by WCB ( each one was different). Later I was informed by the appeals commission that WCB is not legislated to provide audits to the claimants. Where is our protection from WCB, if it is not our Government or R.C.M.P then who is it? Who is there to protect the public from companies like WCB? If the WCB's of North America all work this this way , then who runs our countries? Who police's them? Why are they not accountable for their crimes? I demand an answer from our so called heads of government why this is allowed to happen.

Government, WCB and computer Viruses

The letters I have received from MLA's in my province of Alberta, all say the exact same reply when asking for help from them pertaining to the workers compensation board; The WCB is an arm's length of government, "We have no say in the day to day workings of the WCB, it is best that you talk to your claims manager or their supervisor pertaining to the problems you are having. I wish you the best of luck with your injury and related problems with it." That same type of reply I received over the past 10 years from different MLA's and my Premier Mr. Stelmach. Why is it that though WCB Alberta is able to commit criminal acts of fraud, medical malpractice, manipulation of information, threats and intimidation; not only to the injured but also the Physician's and anyone that may be assisting the injured in their battles against this organization.
Though the WCB is legislated by Government, that is all the control our Government has over the WCB. With judicial powers,total authority over the injured worker they are continuously over riding the injured workers Doctors, by using their paid physicians, of whom never see the patient, stating medical reports of the person's injury and turning it into fact. Injured workers that request treatment for injuries have been forced to wait months or even years in some cases to get a M.R.I, cat scan or surgery; during these waiting periods the injured worker is healing and by the time that they are able to get help it is to late in some cases as scar tissue has formed an the surgeon is unable to correct it.

At that point the WCB claims that nothing can be done and the injured worker is then "deemed"(made-up)to an employment that they are incapable to succeed at or is directly opposing of their injury, and then the workers benefits are set at that fictitious employment with gradual decreases in wages, until the worker is no-longer collecting benefits ; yet is still unable to gain employment due to injury; I myself was an electrician and WCB Alberta forced me into academics for Electrical Engineering, but would not give me the upgrading to succeed in this course, a letter was written on my behalf by the program head stating I am in need of upgrading in order to succeed in the course; I was then removed from academics but the WCB still "deemed" me as an Electrical Engineer and the wage that an E.E would make was deducted from my benefits, which lowered my benefits to approximately $140.00 per month while still (to my knowledge) charging my employer the full rate of compensation.I was forced to take them to appeals at which time they would again "deem" me at employment that matched the income of an E.E and I would have to appeal that decision again and again.
Now is this the workings of an honest business ? That is part of every working person's life, whether you are injured or not, your employer is forced to make payments for you for every 100 hours you put in, it stays in the back ground like a computer virus until it gets involved and ends up screwing up your life just like it would your computer, slowly the longer it is there the more damage it does until you have lost everything and there is no getting it back cause you have no protection that would avoid the outcome.
( and yes I have had my hard drive wiped out after receiving emails from my WCB supervisor's, 3 separate times)

History of Workers Compensation in Canada

The need for a fair and equitable system of workers' compensation evolved out of the industrial revolution. As economic and industrial activities flourished, the number of work injuries also grew. The increasing use of machinery, new concepts of producing goods, and the pressure of increased demand for products resulted in more injury problems without solutions for employers and employees. For the most part, workers who were injured on the job had no recourse other than to sue their employers at common law, an expensive and time-consuming process. The court system was crowded, causing long delays. Compensation for injuries was usually insufficient and uncertain. The employee sometimes was forced to bear the expense of injury himself or had to throw himself on the mercy of welfare.
http://02cd9d2.netsolhost.com/public/1.0_overview.htm
http://02cd9d2.netsolhost.com/public/1.1.1_history.htm

Between 1884 and 1886, Germany's Chancellor Otto Von Bismarck introduced a mandatory state-run accident compensation system. Workers and employers financed this initial system.

Canadian workers' compensation began in Ontario, and laws developed along timelines similar to those in Great Britain. In 1910, Mr. Justice William Meredith was appointed to a Royal Commission to study workers' compensation. His final report, known as the Meredith Report, was produced in 1913.
There are five Meredith Principles:
• No-fault compensation: Workplace injuries are compensated regardless of fault. The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury. Fault becomes irrelevant, and providing compensation becomes the focus.
• Collective liability: The total cost of the compensation system is shared by all employers. All employers contribute to a common fund. Financial liability becomes their collective responsibility.
• Security of payment: A fund is established to guarantee that compensation monies will be available. Injured workers are assured of prompt compensation and future benefits.
• Exclusive jurisdiction: All compensation claims are directed solely to the compensation board. The Board is the decision-maker and final authority for all claims. Nor is the Board bound by legal precedent; it has the power and authority to judge each case on its individual merits.
• Independent board: The governing board is both autonomous and non-political. The Board is financially independent of government or any special interest group. The administration of the system is focused on the needs of its employer and labour clients, providing service with efficiency and impartiality.
http://www.awcbc.org/en/index.asp http://www.awcbc.org/en/historyofworkerscompensation.asp

QUOTE MERIDTH REPORT wsbc:
In a note to section 22 it is stated that "it is submitted that it would not be wise to entirely shut out appeals and place in the hands of the Board the sole right to interpret the act .... and the right to define its own jurisdiction." What danger is to be apprehended from conferring these rights I do not understand, nor do I see what questions as to the construction of the act are likely to arise other than those enumerated in section 22.
In my judgment the furthest the Legislature should go in allowing the intervention of the courts should be to provide that the Lieutenant-Governor in Council may state a case for the opinion of a Divisional Court of the Appellate Division of the Supreme Court of Ontario, if any question of law of general importance arises and he deems it expedient it should be settled by a decision of a Divisional Court. Although I say this my judgment is against the introduction of any such provision, as it is probable that if any form of appeal to an appellate court is allowed, a defeated litigant will have the right to take his case to the Judicial Committee of His Majesty's Privy Council.
The draft bill of the Association has but one schedule of industries to all of which the act applies, and it makes no provision for abrogating or modifying the rules of the common law as to employers who are not within the scope of the act. How my draft bill differs from this will be apparent from what I have said in dealing with the general plan upon which it has been drafted.
By my draft bill (sec. 60) the Board is given exclusive jurisdiction as to all matters and questions arising under Part I, and subject to its power to rescind, alter or amend any of its decisions or orders, its action or decision is final and is not subject to appeal.
It is difficult to understand from the Association's draft bill what the jurisdiction of the Board is intended to be. Section 21 provides that the Board shall have jurisdiction to enquire into, hear and determine all matters and questions of fact and law necessary to be determined in connection with compensation payments and the administration thereof and the collection and management of the funds thereof.
This language would confer on the Board a rather limited jurisdiction and probably, judging from the provisions of section 22, less than the draftsman intended it should have. The decisions and findings of the Board upon questions of fact are made final and conclusive, but on questions of law an appeal is allowed.
http://www.awcbc.org/common/assets/english%20pdf/meredith_report.pdf


" 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
Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
http://iwocac.ning.com/

This organization has come a long way from its roots, with Millions of Dollars going into rebates not going to just one, but to the many Safety Associations and big employers; even those employers that have deaths reported.
Injured workers and small business employers are being defrauded by WCB, medical professionals being financially reprimanded for not writing out the medical report for the way the WCB has requested; yet the blame goes onto the injured and in some cases the small business employers and medical professionals as the defrauders and liar’s. All this you can find in the above link.


My personal suggested changes needed: Removal of the Meredith Principals of Exclusive jurisdiction and Total Authority of a truly Non-Independent board.




• all medical needs covered by GOV, WCB’s removal of hiring private medical or rehabilitation staff for injured workers diagnoses or treatment But may be employed to ensure safe and appropriate rehabilitation.
• Emergency /closest physicians or workers personal physician: shall be deciders of degree or cause’s of injury and all treatment.
• Gov having direct responsibility for care the injured worker; federally as a whole; provincially as a residence, municipally as a casual basis for assist in injured workers needs.
• Board shall provide all necessary needs and insuring all needs to assist/allow the worker to progress to a new life with any assistance needed due to injury.
• Proceeds and payments by the employers to the employers fund for injured workers to be handled by the provincial auditor or separate authority, not by the WCB’s or their affiliates.
• WCB to only concentrate on retraining necessities, appropriate rehabilitation and any needs/ aids for the injured worker including personal mobility or daily aids, safe transportation for injured workers, meal and expenses for any injury related appointment or meeting.

History of Workers Compensation in Canada

The need for a fair and equitable system of workers' compensation evolved out of the industrial revolution. As economic and industrial activities flourished, the number of work injuries also grew. The increasing use of machinery, new concepts of producing goods, and the pressure of increased demand for products resulted in more injury problems without solutions for employers and employees. For the most part, workers who were injured on the job had no recourse other than to sue their employers at common law, an expensive and time-consuming process. The court system was crowded, causing long delays. Compensation for injuries was usually insufficient and uncertain. The employee sometimes was forced to bear the expense of injury himself or had to throw himself on the mercy of welfare.
(seems like it has gone full circle; present has gone back to the beginning)
http://02cd9d2.netsolhost.com/public/1.0_overview.htm
http://02cd9d2.netsolhost.com/public/1.1.1_history.htm

Workers Compensation was first used by the Egyptians while building the pyramids, so far that is all I know by archeologists on documentaries.
(injured were well taken care of also)

Between 1884 and 1886, Germany's Chancellor Otto Von Bismarck introduced a mandatory state-run accident compensation system. Workers and employers financed this initial system.(same location where the International Symposiums are held)

Canadian workers' compensation began in Ontario, and laws developed along time lines similar to those in Great Britain. In 1910, Mr. Justice William Meredith was appointed to a Royal Commission to study workers' compensation. His final report, known as the Meredith Report, was produced in 1913.
There are five Meredith Principles:

• No-fault compensation: Workplace injuries are compensated regardless of fault. The worker and employer waive the right to sue. There is no argument over responsibility or liability for an injury. Fault becomes irrelevant, and providing compensation becomes the focus.

• Collective liability: The total cost of the compensation system is shared by all employers. All employers contribute to a common fund. Financial liability becomes their collective responsibility.

• Security of payment: A fund is established to guarantee that compensation monies will be available. Injured workers are assured of prompt compensation and future benefits.

• Exclusive jurisdiction: All compensation claims are directed solely to the compensation board. The Board is the decision-maker and final authority for all claims. Nor is the Board bound by legal precedent; it has the power and authority to judge each case on its individual merits.

• Independent board: The governing board is both autonomous and non-political. The Board is financially independent of government or any special interest group. The administration of the system is focused on the needs of its employer and labour clients, providing service with efficiency and impartiality.

QUOTE MERIDTH REPORT wsbc:
In a note to section 22 it is stated that "it is submitted that it would not be wise to entirely shut out appeals and place in the hands of the Board the sole right to interpret the act .... and the right to define its own jurisdiction." What danger is to be apprehended from conferring these rights I do not understand, nor do I see what questions as to the construction of the act are likely to arise other than those enumerated in section 22.
In my judgment the furthest the Legislature should go in allowing the intervention of the courts should be to provide that the Lieutenant-Governor in Council may state a case for the opinion of a Divisional Court of the Appellate Division of the Supreme Court of Ontario, if any question of law of general importance arises and he deems it expedient it should be settled by a decision of a Divisional Court. Although I say this my judgment is against the introduction of any such provision, as it is probable that if any form of appeal to an appellate court is allowed, a defeated litigant will have the right to take his case to the Judicial Committee of His Majesty's Privy Council.
The draft bill of the Association has but one schedule of industries to all of which the act applies, and it makes no provision for abrogating or modifying the rules of the common law as to employers who are not within the scope of the act. How my draft bill differs from this will be apparent from what I have said in dealing with the general plan upon which it has been drafted.
By my draft bill (sec. 60) the Board is given exclusive jurisdiction as to all matters and questions arising under Part I, and subject to its power to rescind, alter or amend any of its decisions or orders, its action or decision is final and is not subject to appeal.
It is difficult to understand from the Association's draft bill what the jurisdiction of the Board is intended to be. Section 21 provides that the Board shall have jurisdiction to enquire into, hear and determine all matters and questions of fact and law necessary to be determined in connection with compensation payments and the administration thereof and the collection and management of the funds thereof.
This language would confer on the Board a rather limited jurisdiction and probably, judging from the provisions of section 22, less than the draftsman intended it should have. The decisions and findings of the Board upon questions of fact are made final and conclusive, but on questions of law an appeal is allowed.
http://www.awcbc.org/common/assets/english%20pdf/meredith_report.pdf


" 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
Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
http://iwocac.ning.com/

This organization has come a long way from its roots, with Millions of Dollars going into rebates not going to just one, but to the many Safety Associations and big employers; even those employers that have deaths reported.
Injured workers and small business employers are being defrauded by WCB, medical professionals being financially reprimanded for not writing out the medical report for the way the WCB has requested; yet the blame goes onto the injured and in some cases the small business employers and medical professionals as the defrauders and liar’s. All this you can find in the above link.

Where has it gone to now ? It is national, part of a North American and International organizations that advise and share information to work towards the success of the Workers Compensations Boards .
http://www.awcbc.org/en/index.asp
http://02cd9d2.netsolhost.com/public/1.0_overview.htm
http://www.awcbc.org/en/historyofworkerscompensation.asp

My personal suggested changes needed: Removal of the Meredith Principals of Exclusive jurisdiction and Total Authority of a truly Non-Independent board.

• all medical needs covered by Healthcare, WCB’s removal of hiring private medical or rehabilitation staff for injured workers diagnoses or treatment, claimants physician to do all diagnostics and treatment, But WCB may employed those to follow prescribed procedures for appropriate rehabilitation.

• Emergency /closest physicians or workers personal physician: shall be deciders of degree or cause’s of injury and all treatment.

• -Federal Government having direct responsibility for care the injured worker; federally as a whole;All injured workers across Canada, to insure equal treatment to all.
- Provincially as they are presently, enforcing all laws in place,

-Municipally as an employer to assist the injured in gaining the employment that is suitable to the worker and within their work restrictions ,.

• Board shall provide all necessary needs and insuring all needs to assist/allow the worker to progress to a new life with any assistance needed due to injury.

• Proceeds and payments by the employers to the employers fund for injured workers to be handled by the provincial Labour Board and Health board or a combination of the two, not by the WCB’s or their affiliates.

• WCB to only concentrate on retraining necessities, finding the appropriate rehabilitation and any needs/ aids for the injured worker including personal mobility or daily aids, safe transportation for injured workers, meal and expenses for any injury related appointment or meeting.

In other words WCB to only handle the paper work, no Authoritative Powers

Provincial Government agencies all work together?

In 1999 was when I suffered my last work related injury ( which reoccurred for the forth time), I was forced into fighting for my claim with the Alberta Workers Compensation Board as my Doctor said enough is enough, to many times I had re-injured my lower back and hips, with over a year off each time; and each time to be cut off by WCB for what ever reason they came up with. This last time was a fight that took almost two years of paper and WCB personal shuffle, living those months I will never forget. First my employer Tracer Canada Inc, which is a company out of the U.S; who's representative had stopped my doctor in the hallway leading up to the examination room I was in. My employer's representative (safety officer) requested to the doctor NOT to list this as a lost time injury, regardless of what had happened; my doctor REFUSED. I then returned to the job site with more medical appointments for chiropractor,physiotherapy and my doctor for the next week. My employer then set me on light duty at work, mainly paper work of schedules and material confirmations. The safety officer for the company informed me that he would be taking me to my appointments so the company would know first hand what is happening with my injury,but when it was time for appointments I was informed I had to find my own transportation to the appointment; without my own vehicle as I car pooled to work, I was forced to walk/ hitch hike 5 miles to town then across town to the doctors office; while re-injuring myself along the way. That had happened 3 separate times and my employer making comments of "Alberta WCB's treatment of the injured worker was to lenient, this would never happen in the states; time to get the WCB laws changed so the workers can't be faking it". My last appointment with the doctor after he received the reports from the chiropractor and physiotherapist stated I could no-longer return to my trade as an electrician, so into WCB's hands I went.After two and a half months of WCB's physical rehabilitation, their answer to everything whether you are physically capable or not, which I wasn't. Due to the pain and immobility they inflicted upon me by their routine of therapy,which after three weeks,I had re-structured myself in order to decrease the pain and increase my mobility to enable myself to be there each day so I wasn't penalized or cut off benefits. It had come to the point of a supervisor making a comment to the therapist "why do we pay you when the claimant sets their own program, which in turn caused me more pain an immobility again to the point of not being able to lift myself out of bed or even to sit and get back up again without a type of mechanical assistance; it was then I was cut off and forced to fight in appeals. During my fight in the Appeals process the department of Child Services came into the picture, they had heard I did not have an income, the children were going without food and that I was abusing the children due to the stress of fighting the WCB. They then decided to monitor our household 24/7 claiming it would only be a few days, it turned out to be 54 days of constant watching, my wife and I were forced to sleep with our bedroom door open as we found a listening device beside it. My WCB files had been gone through as was all the information I had been gathering to enable me to proceed with my appeal, which some of that was copied down into our "baby sitters" daily statements.On the 54th day Social Services took our children into their custody due to my second oldest getting two swats on the butt for putting two rather large holes in the new drywall that had been completed a month before, of which the child had been warned that would happen if there was to be any more holes in the wall, which is why it was redone in the first place. Two years of fighting the department of Social Services, only to find out in the court room that they too practice file manipulation as does the WCB, those two swats on the butt with the flat of my hand were written down as multiple excessive punches upon the child's body. What all this had done to our family was devastating enough, but to have to live in a community that heard what the Social Workers claimed made living there very hard, threats continually, literally having to physically defend myself from others that didn't know me or my wife and friends going to odds with each other over this whole mess. As I was attempting to start my own business and everything else going, on we decided to move to the country so I would could show my determination towards and have less overhead for my business; which I was penalized by WCB for not getting their permission to move to that location ; but if I moved to the city they would have paid for my movers and covered first months rent(according to Rob VanDoesburg clam's manager, who was no-longer my claims manager after I moved)

In the mean time I had won my appeal from the WCB, even with the mis-information from my employer and WCB as I was able to show on file that they had conspired together on manipulation of information in order to have my claim denied and another year and a half later we won our court case against the Department of Social Services; although we now had four very messed up children, so messed up that one child had to be put on medications for behavioral problems (not our choice)that were created from being shifted from foster home to foster home.I found that WCB and Social Services both use improper medical and psychological tactics, even in using the worst professionals that are out there, re-writing information, contradicting themselves and posing a holier then thou attitude, all this just to show that worker or claims manger was always right and everyone else is wrong, to the point of withholding information from the professionals that were hired by my wife and I to assist us in correcting what ever wrongs we may have done; which we found out later in court we had not committed any wrong's.
But again WCB and Social Services have teamed up together, it seems that when they want you and your family to live in poverty they will go to any lengths to keep it that way, as I am once again facing charges from trying to keep my family fed, if I didn't then I would be on charges again for not feeding my family

WCB's Across Canada have they committed CRIMES AGAINST HUMANITY ?

The Workers Compensation Boards of Canada and possibly those on the international scale; along with the Politicians that have protected them, are in Violation of Crimes Against Humanity.

Crimes against humanity, as defined by the Rome Statute of the International Criminal Court Explanatory Memorandum, "are particularly odious offences in that they constitute a serious attack on human dignity or grave humiliation or a degradation of one or more human beings. They are not isolated or sporadic events, but are part either of a government policy (although the perpetrators need not identify themselves with this policy) or of a wide practice of atrocities tolerated or condoned by a government or a de facto authority. Murder, extermination, torture, rape, political, racial, or religious persecution and other inhumane acts reach the threshold of crimes against humanity only if they are part of a widespread or systematic practice. Isolated inhumane acts of this nature may constitute grave infringements of human rights, or depending on the circumstances, war crimes, but may fall short of falling into the category of crimes under discussion."

For the purpose of this Statute, "crime against humanity" means any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack

(h) Persecution against any identifiable group or collectivity on political, racial, national, ethnic, cultural, religious, gender as defined in paragraph 3, or other grounds that are universally recognized as impermissible under international law, in connection with any act referred to in this paragraph or any crime within the jurisdiction of the Court;

(k) Other inhumane acts of a similar character intentionally causing great suffering, or serious injury to body or to mental or physical health.

For more information on how injured workers are treated in this Country just do a search on injured workers or WCB/WSIB, you will find many horror stories of injured being denied proper medical care, physical and mental abuse, threats, fraud, manipulation of files and WCB's misuse of power that was wrongfully given to them in the name of the employer.
WCB's in Canada are protected by a judicial immunity, however that does not apply to International Law, nor does it protect Politicians . As for who gets punished is not up to me but up to the Courts that make the rulings, as WCB's and the Politicians, are National.
I look forward to the threats and intimidation that will be forth coming,as WCB has demonstrated prior and does practice; I WILL meet it with great enthusiasm, it will only give me more strength and determination. Nothing in this world will please me more then to watch a giant fascist organization come crumbling down.

Federal Liberal's and Alberta WCB useing the same tactic's?

It’s now official. The court has unanimously ruled that Jean Chretien and his Cabinet, which included Paul Martin, were unlawfully seizing money from our pay cheques.

In a 7-0 judgment, the Supreme court ruled the former Liberal governments of Jean Chrétien and Paul Martin collected EI contributions illegally in 2002, 2003 and 2005.

In those years, EI rates were set directly by cabinet without proper authorization from Parliament, violating the ancient constitutional principle of no taxation without representation.

The economic wizardry of Paul Martin has direct links all the way to the pockets of tax payers, whose monies were being grabbed illegally for the sake of boosting the Liberal government’s claims of deficit and debt reduction.

Critics have long maintained the strategy amounted to balancing the federal books on the backs of the unemployed.

Critics say the government then went on to set the premiums charged to workers and employers at higher rates than were necessary to fund the reduced benefits and new programs. (courteously of CIVITATENSIS)

Now with the WCB of Alberta in 2003 with the high ELP's (economic loss payment's), which in turn increased the employer's premiums by 77% on average. The WCB then lowering the injured workers ELP's and re-calculating the ELP benefits, while keeping the premiums set at a higher rate; does this not sound the same kind of illegal activity?

One would think that when a federal political party gets caught doing such crimes, wouldn't other political parties realize that it is wrong? But then again WCB's across Canada have judicial powers and total authority over the injured worker (including the injured workers legal representation when it comes to a 3rd party law suit) which enables them to do what ever they want with no fear of being reprimanded. So who's the guilty party in this situation? Alberta Government , WCB or both ?

Alberta Federation of Labour and Canadian Labour Federation, wheres your duty to abused workers?

Who or if anyone (certainly not my union ibew 424) will help the injured workers of this province? Those that need protection from fraud, abuse, manipulation, intimidation and harassment. Our Governments don’t seem to care, as there is no assistance from them, are injured workers to fight for themselves? If so the WCB of Alberta (and across Canada) have immunity against our legal system, trust me your organizations part in this is rather invisible, you stand for the workers, where are you people when you’re really needed? After all isn’t this one of the reasons that started the federation of labour?

Instead you just sit back and wait for the opportune time to show you are around with propaganda on how your so important to the working class,,, your like the WCB’s you people assist by not doing what is right for those that paid your way to your position, once their monies no longer come to you or the unions, those people are left to the dogs, while you sit in comfort and pretend your position is worthy. I hope you feel good about the way you do your job, by crawling into the same bed as those who walk over us. Its pretty bad when a labour organization sleeps with the political parties that allow this to happen,,, if only the founding fathers of the Federation of Labour were able to foresee this sellout of the worker.

" IT WAS WRITTEN IN ERROR "

Claim # March 12th, 2008

To the Appeals Commission Hearing Chair

I would also like to make request of reconsideration of appeal #2008-161 due to the interest that has been charged on the $10,000.00 loan that I received in April 2003, last payment March 2008, interest was included in the payment schedule, then added again on March 29th, 2004, including early payout of loan the interest is way above the agreed amount of 12%.
The monies that were withheld from me in December 2001 with the minimum known amount of $19,568.09 from 2001 that were used (according to the Appeals Commission) towards the over payments from non-attendance (years apart) also the amount of $10,810.33, (unknown issue date) that was withheld to the same non-attendance overpayment, not to mention the amount of $4,439.08 the was removed least three times from claim # and claimed that it has still not been recovered by Ms. Garlinski, though it has been stated by the appeals commission that that was a mistake (Ms. Garlinski has informed me that WCB does not make mistakes), yet non of these were addressed clearly in the audit
Also I would to add that in the 2006 appeals decision that certain examples were used to assist the WCB in completing a proper audit, that’s just what they were “EXAMPLES” just cause they had been included in the audit does not mean it was a proper audit, nor has proper dates and amounts been included in the audit pertaining to information that I had brought forth to the appeals commission , let alone the amount of benefits that are to have been received and explanation of the various overpayments that are claimed to be owed. In that Appeals decision the audit was called upon due to correct all financial matters owing and owed, removed and withheld.
Last but least, pertaining to canceled cheque stubs, WCB has their own copies which to compare too, unless there is a more viable reason that I should be aware of?

Thank you
Sincerely

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”.That letter was never received by me nor was in the information package sent to me by the Commission, I have not to this day received such information that states " IT WAS WRITTEN IN ERROR "

Provicial Government refuses to do anything

I have send many e-mails and information to my premier Mr.Ed Stelmach,also to the Auditor Generals office. What I received was nothing from Mr.Stelmach, his ministers delete my e-mails before reading, only the Auditor Generals Office replied back stating that they do not adjudicate on personal claims. I have since found more evidence that the WCB of Alberta had padded my claim finance's and increased the employers premiums, then I was cut right off to nothing. If our Government allows this type of behavior, what does that say about our Government? Are they guilty as well for allowing this to happen and not doing anything? It is sickening on how they treat the permanently injured worker, what will it take to correct all this? A revolution where the people take back their rights that were lost? We all know that criminal acts to correct another criminal act does nothing to the first party , especially when its an "Arm's length of Government". Are we to sit and be quiet, pretending that it does not happen like our Government does? Even when I try to ignore WCB and its actions it still affects me and my family , especially when they interfere on our financial support. WCB Alberta is the most corrupt, manipulating organization ever created, it should be abolished.