Tuesday, August 7, 2018

Mental Stress 101by WCB of Alberta

( This posting was originally placed May 2011 )

For the past 6 out of 10 years I have had many thoughts pertaining to WCB and their actions, lost many hours sleep due to nightmares or frustration, the mind games that are played by them makes me feel like they are attempting to make me lose control of my thoughts. Why? I think so they can say I am a threat to their safety, as they have done to many other injured workers. I am not allowed to enter their building to pickup cheques, why I don't know? I never threatened them, but they write down what ever they feel at the time. I have found that if I rebuttal any conversation to my claims manager, I am them penalized by slow down of progress of my claim or payments not sent out at scheduled time, but the excuses are constant; waiting on supervisor consent, computer is down on the cheque writer,file is in assistance hands etc; none of this is on paper which is why I no longer communicate via telephone. To many conversations were re-written out of context or not even posted on my file. Managers claiming that their hands are tied yet an assistant is able to accomplish what manager claimed they could not; or stating that they are unable to change another claims managers decision, yet many changes have been made. Mangers refusing professionals or my request's ; 5 years later it is claimed as "offered" though I chose a different path; regardless of what was on file years before; becomes official statement.That pertained to the first academic training, which was I unable to compete in. It was the second academic training, less then a year later, is the reason of my criminal charges.
I attempt to start my own business, only to be told "I know nothing of business", therefore you must go to "Business Administration"! Academically challenged ? need the upgrading in order to compete academically? NO!, pass, fail or dropout we (WCB) are done with you. All that was 5 years ago and I am still dealing with the aftermath. Just now priorities are to catch up with what little I receive, after no financial income for 6 months, which was social assistance. I am again under investigation due to WCB keeping 100% of benefits and informing social assistance that I was in receipt of said benefits: yearly income statement from WCB is less then what we received from assistance monthly. Manipulation of information which caused Zero income for my family, which is under enough hardship due to 2 physically restricted members of the family, one adult , one child.
It is pathetic the way WCB Alberta is allowed to operate, they are like little children allowed to play without parental supervision.

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Tuesday, June 8, 2010

What will the Alberta Auditor General say about this?

I had been told by numerous "Tweeter's" to either prove what I have been saying or shut the "F@^K UP", so here you go; just a taste of what I have been saying since 2002/2003, over Financial manipulation, you can trust me on the Personal Information Manipulation when it comes to Permanently Injured Workers, I can show that as well, but why let all my Evidence be shown ?
This alone, which is very similar to the information I sent to the Alberta Auditor Generals Office, over a 2003 issue, http://abusebyalbertasworkerscompensation.blogspot.com/2009/05/abuse-and-coverup-by-quasi-judicial.html .
That issue was Two years of information sharing after being able to convince the O.A.G of "questionable reason's" for an investigation, of which a few months later this situation came about and I never heard back from the O.A.G http://www.ffwdweekly.com/article/news-views/news/province-accused-of-muzzling-auditor-general-3615/

This was also brought before the Premier and Ministers involved over the years and nothing was done, which is the same pattern as as I discovered in 2003 with the Auditor Generals report http://abusebyalbertasworkerscompensation.blogspot.com/2009/03/auditor-generals-report-on-alberta-wcb.html and the accusations of Bribery made about Alberta WCB on the Legislature floor http://abusebyalbertasworkerscompensation.blogspot.com/2010/03/alberta-wcb-has-been-reported-prior-for.html

So here it is:


This is also the same topic that I addressed on the site Dear Mr.Premier
http://dearmrpremier.ca/2009/04/wcb-makes-criminals-of-innocent-albertans/ , which will give more of a detailed explanation of the repercussions of this T5007 and WCB claim of fraud that was supposedly committed by me , but then File manipulation and Blackmail will force anyone to do the bidding of a Corrupt Organization, worst part of this, that the Premier and the Alberta Ministers in Charge allow this type of behavior, therefore they are promoting Corruption as we have already witnessed in other areas of their Duties to the Public.

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Friday, February 12, 2010

Dealing with the Workers Compensation Boards all across Canada and Internationally

Dealing with the Workers Compensation Boards all across Canada, is a very strenuous psychological challenge, there many crimes committed in the name of profit, considering that they are a non-profit organization. We call them crimes as the actions of this World Wide Organization, violate the United Nation’s Declaration of Human Rights, in Canada our Charter of Rights is very much violated as well; not to mention the criminal actions of Fraud, Extortion, Embezzlement, Money laundering, Threats against Persons & Property, Blackmail, Medical Malpractice, Social Discrimination and countless accusations of untruths against the injured/disabled worker; yet this organization is given Judicial Immunity/ Protection across Canada.


It is bad enough with the lies, manipulation and being spied on by this Corporation, that they also send their paid workers too infiltrate groups of person’s that have been disabled while on the job and causing disruptions to the point of total paranoia amongst these emotionally fragile people, that they no longer trust each other and begin to question their own thoughts and actions, due to the frustrations of their attempts for gaining a little self esteem and self worth.

Our employers, of whom we had worked for as a team and in some cases our jobs were like family, where everyone stood beside/ behind each other through thick or thin, only to find out later, that we are nothing more then a disposable slave to do their bidding.
From the employers attempts to have us not file a claim on the accident or their attempts of preventing proper medical treatment and in some cases, denying that you the employee even had an accident at work or that the employee is faking the injury, just to save them from paying out to the Workers Compensation Boards.

So people in our situation find it very hard to trust anyone, even members of our own families; friends are lost due to arguments as they have not walked in our shoes, which makes them unable to realize how much control this corporation has on our lives, while these same people have no-one to control them as our Governments have allowed for free reign with Judicial protection that prevents them from being held accountable for all that they do.

With Billions of dollars in the accounts of these non-profit corporations across Canada and the Millions of dollar’s being handed over to different committees and organizations from a fund that was originally set in place for the injured and disabled, by the employers of Canada, which includes our respective Governments, federally and provincially; while those for which this was originally created for, live in poverty, medically untreated, abused financially, physically and psychologically.
Some have been driven to suicide, some to criminal acts, others left to rot in the confines of their minds, while contemplating their next move towards the life they once had and knowing that they are in need of assistance, of which they will never get, in order of gaining it all back
This alone is no less the Money laundering, taking from the employers that is meant for the employees and using it as if it their right too control and distribute as they seem fit, from their own wages to their pensions, with incomes of hundreds of thousands, the people in charge make their living from robbing the vulnerable and being praised for their actions amongst their peers.

What has been found to be more of a concern for Canadian Disabled workers; is the influences and guidance by:

Association of Workers Compensation Boards of Canada (A.W.C.B.C) to the independent Provincial Compensation Boards, also known as Work Safe Insurance Boards in selected Provinces; is the influences of International Associations that promote their tactics of financial, medical and individual claim handling techniques.

The American Association of State Insurance Funds  is an association of workers' compensation insurance companies from 27 different states, plus 10 workers' compensation boards in Canada.

International Association of Workers Compensation Boards:
 “an association of government agencies that administer and regulate their jurisdiction’s workers' compensation acts”, who takes pride in their Jurisdictional members who they state are governmental agencies, commissions, boards, councils and courts.

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Thursday, October 22, 2009

WCB Hostage taking could have been Prevented

October 21st ,2009 was not a great day in Edmonton Alberta, the hostage taking at Alberta’s Worker’s Compensation Board was a very depressing situation for the employees of WCB and for the injured worker and his family. In all reality "ALL" were the victims of WCB abuse, with their policies and practices to "Profit" (as they are a nonprofit organization) any way they can, which unfortunately leads the injured worker into poverty and loss of family, loss of home and sometimes suicide.
The man that did the hostage taking Patrick Clayton, was a man at the end of his rope, I would imagine he attempted every avenue of appeal within the WCB, as many of Alberta’s injured workers have done. After the appeals the only recourse of help is going to your MLA, to the Ombudsman, Premier, lawyers, media and protesting, as many injured workers have found out, each and every one of these last options are dead ends.

From my personal experiences with the WCB and the fight that I have been forced into, it has come to my realization that no matter what direction a person attempts to go, whether it is though the appeals process or just trying to get a claims manager to accept your Doctor’s report, it is a hassle. WCB staff and employers will and have attempted to close down an injury claim before it starts, to those that wish to ignore the actions of the WCB, like MLA Doug Griffiths and his P.C political party, we do have the proof.

I attempted to make Mr. Griffiths aware that all of the hostage taking could have been prevented, however each time I made a statement as to the abuse of the WCB he would twist my words into me claiming that the hostage taking was justified and continued to state that I have a twisted, terrorist mind an should seek physiological help, all for speaking out against the WCB and his political party that were the roots of the situation.

He kept asking for proof so I would direct him to websites with the information, his reply was give me something that he could verify, while the proof is in my possession; this went over and over repeatedly as if he and I were on the legislative floor wasting time continually repeating the words, as they so often do. By the end of the night which shortly after 12 am, I challenged Mr. Griffiths to prove me wrong, have an investigation into all that I stated about WCB or to prove me right by doing nothing as the Alberta legislature has done pertaining to the WCB for many years, decades in fact. Nearing the end of our conversation he informed me that he does not have the power to request an investigation, but he does have the power to present it on the floor of the legislative, which he refused to comment on and ended our conversation with an accusation that I need help, which he cannot give and mentioned that he wanted to know my name so he could find me the help I needed, and for me to go to bed as I need sleep more so then he did.

What I learned from this conversation is that anyone that speaks out against the WCB in this matter is considered a terrorist and after informing him that if the Alberta Legislative
had done their job properly years ago, that this situation would most likely not have happened, I was then again accused of being a twisted individual with a terrorist mind.

I had spent the day on the internet informing people that the WCB is not the victim here, they are the cause, with judicial powers and immunity to any court action, it is allowed free reign to do what ever they wish, I have talked with many about this organization from injured workers, advocates and lawyers and it is the same about the unfairness to the injured and one sidedness to the employer.
Justice MacLean: Alberta Court of Queens Bench has commented on the unfairness of the WCB, “This is not a level playing field, it is not fair, and it offends the basic principles of natural justice."

Yet this Alberta government allows this to keep going on, is it because they promote corruption or that the injured workers are a waste of their time and let fall into cracks of time and be forgotten?
The WCB has tactics of their own as well, from manipulating files, whether medical, financial or personal, they do it to justify their end goal of profit and savings for the employer, yet WCB is a non-profit organization with over a Billion in its account as of April 2009. There are many different tactics that they use as well, mainly the use of word manipulation, where if an injured worker questions an action of the WCB they are declared non-compliant and then all benefits are cut off until that person makes it to the appeals commission which can take up a year and some have gone a lot longer.
From deeming of employment to denial of doctors reports, they will do anything to the injured they wish, it is kiss their feet as (in their minds) they are holier then thou and if you don’t agree with that then you can no-longer come into our building as they will and have, written people up as a threat when no threatening actions have ever been made.

If all that isn’t enough to deter you from fighting for your rights, they will contact another arm’s length agency to also start harassing the injured worker. People should question how many injured workers have been forced to Social Assistance when it is the WCB’s responsibility to care for the injured worker, if nothing is done about this criminal organization the there most likely will be more situations like October 21st ,2009.

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Tuesday, September 29, 2009

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.

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Tuesday, July 28, 2009

Mental Stress by WCB of Alberta

For the past 6 out of 10 years I have had many thoughts pertaining to WCB and their actions, lost many hours sleep due to nightmares or frustration, the mind games that are played by them makes me feel like they are attempting to make me lose control of my thoughts. Why? I think so they can say I am a threat to their safety, as they have done to many other injured workers. I am not allowed to enter their building to pickup cheques, why I don't know? I never threatened them, but they write down what ever they feel at the time. I have found that if I rebuttal any conversation to my claims manager, I am them penalized by slow down of progress of my claim or payments not sent out at scheduled time, but the excuses are constant; waiting on supervisor consent, computer is down on the cheque writer,file is in assistance hands etc; none of this is on paper which is why I no longer communicate via telephone. To many conversations were re-written out of context or not even posted on my file. Managers claiming that their hands are tied yet an assistant is able to accomplish what manager claimed they could not; or stating that they are unable to change another claims managers decision, yet many changes have been made. Mangers refusing professionals or my request's ; 5 years later it is claimed as "offered" though I chose a different path; regardless of what was on file years before; becomes official statement.That pertained to the first academic training, which was I unable to compete in. It was the second academic training, less then a year later, is the reason of my criminal charges.
I attempt to start my own business, only to be told "I know nothing of business", therefore you must go to "Business Administration"! Academically challenged ? need the upgrading in order to compete academically? NO!, pass, fail or dropout we (WCB) are done with you. All that was 5 years ago and I am still dealing with the aftermath. Just now priorities are to catch up with what little I receive, after no financial income for 6 months, which was social assistance. I am again under investigation due to WCB keeping 100% of benefits and informing social assistance that I was in receipt of said benefits: yearly income statement from WCB is less then what we received from assistance monthly. Manipulation of information which caused Zero income for my family, which is under enough hardship due to 2 physically disabled members of the family, one adult , one child.
It is pathetic the way WCB Alberta is allowed to operate, they are like little children allowed to play without parental supervision.
In all this time the WCB Alberta talks with me as if they are doing me a favor instead of their job, if they truly did their job then I would no longer be dependent on them, I would have been properly trained and succeeding into a new life and career.

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Wednesday, July 8, 2009

An Apology and advice to the Alberta Government

Before I go to much into this I want to say that all that has been written in my blog I still standby it.The comments on Government, Provincially and Federally are still responsible for the WCB's across Canada, with that said it has come to my attention (via freedom of information)that the Alberta Government has done somewhat of an inquiry into my situation. The information I supplied to the GoA,in all honesty,pertained to the actions of manipulation of financial and personal information (now it has included medical). The GoA had received responses from the WCB of Alberta and those replies are not answers, as per your questions about my claim;information was withheld by the WCB and only part of the situation was answered. WCB admitted that they did not give all the financial information and passed the blame to the department of Social Services. My main complaint was the double dipping into the finances that was claimed I owed to their department and that when I originally made these accusations, it was due to T-5 tax statements made by the WCB of Alberta for the years of 2003 and 2008, both to the extremes, 2003 claimed I made approximately $24,000.00 more then my benefits; 2008 stated I only made $943.11 when they also claimed that I was paying back $818.00 per month towards overpayments, which they withheld 100% and forced my family to Social Services.
Now how can I make $818.00 per month and yet only receive $943.11 for the whole year; especially when I am being investigated for not reporting the $818.00 per month, of which I did inform the Department of at the beginning of assistance, but a year later am told that I had to report it each month.During that time WCB had been ordered by the Appeals Commission to supply me with regular updates on my claim pertaining to financial interactions, which had obviously not been done. WCB also stated in their communications to the GoA that I did not comply with the Appeals Commission's request to hand over all WCB benefit cheque stubs, therefore I was non-compliant and they did not have to proceed any further. The WCB of Alberta has put the blame on Social Assistance and myself for their mishandling of my claim, but that does not excuse them from everything else that happened,(example; information handed to the Appeals Commission after the hearing that purposely defends the claims manager in the manner of financial mistakes made by "her" not by the payment specialist's). That then creates another matter for investigation,this particular claim needs to addressed directly and not by WCB staff like it has been for the past few years all that does is allow the WCB to keep re-writing information that will reflect accuracy of their financial statements that they have used to remove monies for the same overpayment numerous times. The GoA has been told lies and half truths by the WCB of Alberta pertaining to my situation, as well as the F.O.I.P office has taken a very long time to go through my information before handing it me (as of July 8,2009 I have only received half of it and was ordered in March 2009),with a large amount of information being withheld from disclosure.
I am apologizing to the Government of Alberta for many of things I have said towards your lack of intervention, mainly due to the information that the WCB has supplied back to the Premier and Minister's that did inquire into my claim, was inaccurate, half truths and dealt with the present finances; not directly with the complaints that were originally made to your office .
I would like to offer some advice to the GoA pertaining to the WCB and the claimants that contact your offices on a daily basis, listen to the injured workers and be more thorough on information received from the WCB, when WCB sends back letters advising that they made a mistake on a financial amount and inform you of the "real" amount and it is twice that original amount; then you should question the actions of the WCB and have things investigated immediately. As it says in the F.I.O.P documents that I have received so far; the replying agent for WCB,sends requests for permission and answers from another department before answering your inquiries.
One last piece of advise I would like to add Mr.Premier is that please let the complainants such as myself, be more informed of Government intervention and actions, that will cease any doubts of non-compliance by this Government. A investigation is needed into this organization,WCB is under R.I.C.O investigation in the States http://www.riskandinsurance.com/story.jsp?storyId=185931550&topic=Main ;the main difference here in Canada is that the WCB has judicial protection; the Justice Minister has been claiming to do "GET HARD ON ORGANIZED CRIME" well remember that CORPORATE CRIME is also ORGANIZED CRIME.

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Wednesday, June 17, 2009

Dear Prime Minister Harper and any other Politician that claims to stand for Canadians

After all the searching that has been done by myself and other injured workers, we are curious as to why with the Free Trade Agreement that there is an agreement pertaining to labour, namely the North American Agreement on Labour Cooperation.

PREAMBLE
- protect, enhance and enforce basic workers' rights

Article 5: Procedural Guarantees

"1. Each Party shall ensure that its administrative, quasiiudicial, judicial and labor tribunal proceedings for the enforcement of its labor law are fair, equitable and transparent and, to this end, each Party shall provide that:

(a) such proceedings comply with due process of law;

(b) any hearings in such proceedings are open to the public, except where the administration of justice otherwise requires;

(c) the parties to such proceedings are entitled to support or defend their respective positions and to present information or evidence; and

(d) such proceedings are not unneccessarily complicated and do not entail unreasonable charges or time limits or unwarranted delays.

2. Each Party shall provide that final decisions on the merits of the case in such proceedings are:

(a) in writing and preferably state the reasons on which the decisions are based;

(b) made available without undue delay to the parties to the proceedings and, consistent with its law, to the public; and

(c) based on information or evidence in respect of which the parties were offered the opportunity to be heard.

3. Each Party shall provide, as appropriate, that parties to such proceedings have the right, in accordance with its law, to seek review and, where warranted, correction of final decisions issued in such proceedings.

4. Each Party shall ensure that tribunals that conduct or review such proceedings are impartial and independent and do not have any substantial interest in the outcome of the matter.

5. Each Party shall provide that the parties to administrative, quasijudicial, judicial or labor tribunal proceedings may seek remedies to ensure the enforcement of their labor rights. Such remedies may include, as appropriate, orders, compliance agreements, fines, penalties, imprisonment, injunctions or emergency workplace closures.

6. Each Party may, as appropriate, adopt or maintain labor defense offices to represent or advise workers or their organizations.

7. Nothing in this Article shall be construed to require a Party to establish, or to prevent a Party from establishing, a judicial system for the enforcement of its labor law distinct from its system for the enforcement of laws in general.

8. For greater certainty, decisions by each Party's administrative, quasijudicial, judicial or labor tribunals, or pending decisions, as well as related proceedings shall not be subject to revision or reopened under the provisions of this Agreement".

Pertaining to Article 5 the only enforcement is where the WCB’s and employers are concerned, they are given protection of their Quasi-judicial tribunals, however the injured worker has no protection from the abuse that takes place against their very daily living, from mental stress to poverty ,from denial of medical treatment to being forced into an employment that is in direct conflict with the injury, along with the information manipulation that so many injured workers are forced into dealing with. Degrees of injury re-written months or years later as to a lesser degree, financial information that is re-written so blatantly that any ordinary person can see the fraud and corruption within this organization also personal information written as to the benefit of the WCB’s where have literally charged innocent injured workers of criminal acts and then penalizing the injured more then the courts have already done. There are many types of fraud but this type also reflects the quality of Government across Canada, if this world wide organization is to be an arm’s length of Government (Federal law mandates WCB in each Province, therefore Federal Government should police the actions if the provincial Governments do nothing) with all the powers of Canada within its hands, including Court of Queens Bench status that commits these and crimes against Humanity (yes does qualify) it shows to us that injured workers are disposable which enables abuse towards them in the same manner as physical or mentally handi-capped with the exception they have protection; injured are abuse in the worst possible sense, animals get better treatment. You may ask why does this happen, the answer is simple, WCB’s across Canada have billions in their accounts and are controlled by the employers; Millions of dollars are funneled through the WCB to safety organizations and rebates to employers that have been found guilty of labour violations. To any person that has any intelligence this has the markings of money laundering, does this mean our Governments practice this type of criminal activity? If so then maybe it is time we as Canadians took back our country and jail all those that have been part of the Canada wide corruption as accessories to the fact.

"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)

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Friday, June 12, 2009

Manipulation of Information will go on forever more

This Government in Alberta with their forcefulness, uncaring for human rights and a passion for corruption in big business, will not intervene into this matter nor will they even stand-up for the people that they are supposed to represent. As long as they are in power no Albertan will be safe from the illegal acts that are permitted to be inflicted upon the public as long as their agencies and big business friends can make money off the innocent Alberta families that stand-up for themselves against this cruel and inhumane political province.

Since I started investigating my claim file , I have come across many instances where wording had been changed on my claim; from work restrictions to financial information. The financial information has been protected forever by the Appeals Commission by requesting that I hand over all my WCB pay stubs or forfeit any appeals pertaining to over payments in the future, as if they didn't have their own; I can only guess that with all the other situations that the WCB has been part of, that they only want my stubs so they can destroy any evidence I may have against them. The other information that has been manipulated shows how they are working towards a position that enables them to close my claim as soon as they are able to without my ability to start an appeal. This last manipulation lowered my injury from both hips and damaged vertebrae to degenerative disc disease, which is a condition that they have stated in other documents as non-work related, but with the other claims on my back since I originally injured it in 1992 WCB continually forced me back to work even though I was unable to have proper physical mobility.
With all the financial manipulation on my file there has been over $70,000.00 defrauded from my claim, yet they manipulate the files and charge me for the same crime, even then they would not agree on a fixed amount of money I had so called defrauded them of. It has recently come to my attention that they have taken certain over payments from me more then 3 times for one stated over payment which was for approximately $5,000.00 and I have found another that has been removed from me twice now for over $10,000.00, there is probably more but I am tired of rereading my file as it is three banker boxes full.
But manipulation of information is common within this Government and its agencies, whether it is a survey created by themselves or information that they refuse to show publicly; to saying one thing today and tomorrow it is a different reaction depending on who is asking the question or who told who to answer the question in the way that they want it answered (remember the free vote at the Alta legislature)
If I were a dog or a cat, I would have more rights, then I do as an injured worker trying to fight for what is right.

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Thursday, May 28, 2009

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.

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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

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Wednesday, May 27, 2009

Abuse and Coverup by Quasi-judicial system in Alberta

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.

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Monday, May 25, 2009

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

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Friday, May 22, 2009

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.

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Wednesday, May 13, 2009

Appeals Commision of Alberta Who do they work for

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 scheduled payment March 2008, interest was included in the payment schedule, then added again on March 29th, 2004, including early payout of loan(September2007) 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 000002 and claimed that it has still not been recovered by Ms. Shirleyann 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 over payments 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
Ken

So who do they work for ? The board wants my WCB benefit stubs to check against their records? Don't they have their own? My thought on this is with all the manipulation I have seen by this criminal organization, all they want to do is destroy my evidence of manipulation. I was also informed by my claims supervisor the outcome of this appeal 3 months before the appeal happened, this along with Mr.Murry Macintosh of who had gone to the appeals commission with threats of Court against the Commission if they were to go ahead with first Audit appeal; Lorinda Thome payment specialist stating that over payment had been collected and a month later state's in file that it still has to be collected. Are these the actions of a legit business? More on the criminal side as I and others see it. To have them vote in favor of a situation that was not even remotely done correctly, as well as refusing to view any evidence I presented as it being already known to the Commission, what about a letter they received "after" the Appeal was heard in defense of the claims manager of which I have yet to see? CORRUPTION AT ITS FINEST

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Wednesday, March 25, 2009

Auditor Generals Report on Alberta WCB


EXCERPS from Alberta Auditor Generals Office on WCB
http://www.oag.ab.ca/files/oag/ar2004-05.pdf Human Resources and Development; pages 243- 248 of 378
2003 audit of my claim also coincided with The Quality Assurance Group’s investigation into Alberta WCB, at which time I did not know about. I find it quite curious, especially pertaining to financial matter of my own concern that reflects directly to “possibly the validity of” this Report.
The Quality Assurance group completed a review of high dollar ELPs that
were established during 2003. Results indicated that there is room for
improvement in the entitlement decision of ELP cases.
High Dollar ELP’s? Would that be like when my T-5 for 2003 stated $ 44,000.00 income when my actual was approx $19,000.00. 

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.

Were claims altered to make them seem larger in order to keep premiums high and then lower the actual income for injured workers by disguising claimant income for that year?
From attending school the year before there were no additions (tuition, travel, expenses) on my T5, only paid benefits! 2004 T5 was the done up same as the T5 in 2002, except no school involved. 2006 T5 was done with benefits only also, which had training involved.
The WCB again made satisfactory progress in implementing this
recommendation as follows:
• WCB made a policy change to require a review of ELP entitlement and
rate setting after the first three years and then annual reviews
thereafter. This should allow management the opportunity to identify
and account for changes in worker entitlement and earnings over time.
• New ELPs require supervisor and manager review and approval.
• Claims staff and management have completed training and been
provided comprehensive tip-sheets, checklists and procedures
detailing the adjudication processes that need to be completed prior to
implementing an ELP award.
• Monthly reports providing detailed ELP information are distributed to
management.
When we completed the follow up of this point in March 2005, the Quality
Assurance group was in the process of obtaining management responses to
the findings for 2004.
To implement this recommendation, WCB’s Quality Assurance group must
finalize its review of the 2004 entitlement decisions and management must
demonstrate that changes made to the control environment have been
effective.

Yes changes were effective, as my benefits were cut at that time, cut right off, then reinstated at a lower rate of benefit. I remember my claims manager mentioning this to me, as due to the delay of my benefits being processed, same time as they lowered benefits (re-calculating?).
Makes one wonder as to what kind of training, tip-sheets, check lists and procedures detailed for the process of determining the implementation of the ELP award.
For the Quality Assurance Group I am not sure if this was internal or external, however a point of interest, the only financial business I found pertaining to that name, belongs to a division of the World Bank.(It was not them ) 

The “padding” my benefits would *benefit WCB down the road, even better considering all the “overpayments” they have collected off me, not even mentioning the “Fraud charges” for which they are collecting almost 3 times the stated amount in court documents. Charging me did 3 things, damaged my credibility to pursue the financial truth that I started prior by requesting an audit on my claim, criminal record and poverty. All from a T-5 that was purposely created, but then again in 2008, WCB claimed I made $816.00 monthly for income to a Government Financial Assistance agency, when my T-5 states $943.11 for the same year; and again a Fraud investigation against me.
*Implications and risks
If the ELP classifications and calculations are not accurate, the WCB may
pay inaccurate benefits to injured workers and charge incorrect costs to
employers.
Is this the reason that my rate calculations are all different but mysteriously calculated by their payment specialists to same amount?
More confusion like the financial reports that have the payments scattered around so bad that it takes a week to separate and put into proper order?
The WCB’s 2003–2004 strategic plan describes four strategic themes to guide
the organization:
• Commitment to fairness
• Focus on return to work
• Leveraging prevention
• Financial stability
Who does this apply too?
This is only part of the report I find pertaining to my case only, with possibly more information yet to be discovered.

Canadian Federation of Independent Business , Alberta District, tried to abolish the tribunal ( appeals) system at the WCB, due to cost. Tribunal alone $45 million and premiums increased 77% on average.
http://www.cfib.ca/legis/alberta/pdf/5179.pdf
GEE that relate to posting ? 


Same time frame when all this was happening!
Making our employers aware of what they/ we are getting for which they pay for?
Over a Billion Alberta WCB, in their pockets right now!
Go to the site and see if it pertains to yours!
I brought this to the attention of the Auditor General office and was informed that they do not get involved with individual claims of the WCB, I requested to have an investigation by the A.G.O and the only reply I received back is 
http://www.ffwdweekly.com/article/news-views/news/province-accused-of-muzzling-auditor-general-3615/

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Monday, March 23, 2009

IS IT FINANCIAL MANIPULATION OR IS IT A RETURN TO WORK PROGRAM?

I have been dealing with WCB of Alberta for over 15 years now, the last couple years I have taken WCB to Appeals over overpayments, requesting audits due to overpayments and payments not sent out to me that I was entitled too, the amount involved here was over $ 25,000.00. Through their manipulation of files they had taken me to court for fraud all this was 3 years after I started with the audit to be done, which had been in front of that Appeals commission 3 separate times, the last time the Appeals Commission said that they would only look and see if the Audit was done correctly, not to review information about overpayments or monies owed to claimant. There is much more to this story pertaining to actions of WCB employees with threats and intimidation. To make a long story shorter the WCB of Alberta set me up with a deemed position for which I was to $32,000.00 a year as a sales clerk, in which I was to receive approx. $814.00 per month on my claim, however they were keeping this money due to over payment for $32,000.00 which they were not entitled to remove from me as they already had that money from not giving it to me 4 years before, with no income in our household to pay bills, we were forced to go to social assistance, after about 8 months of assistance I received a phone call informing me that I had not claimed the $814.00 monthly to the social worker and was therefore cut off and file sent to a collection agency. I have just received my T-5 for the year of 2008 from WCB of Alberta, it states that my income from them for the year is $943.11, yet they call social services and inform them that I am making $814.00 per month, causing my family to live below the poverty line and yet they still continue to make discussions on my claim without informing me of these decisions

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