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)

Who's the malingerer and abuser of the system?

I was last re-injured in August 99 and the 3 times prior,of which I was also off work for over a year by DR's orders. Each time I was forced back to work and each time resulting in more damage to my body.This last time has had to be the most strenuous situation I have ever been in my life of 45 years,with deeming of employment of an occupation that is stated for its high rate of back injuries; then there's employers that refuse to hire due to increase of their WCB premiums as I am "HIGH RISK" employee; to whom the WCB refer me too ? To the Labour Board on grounds of discrimination.

All my life I enjoyed inventing and being creative, with wood, metal or combination of both in many various ways, with electrical , welding and carpentry experience, creating was endless. As I had shown WCB of Alberta; my portable Work station.
My plan was simple to me as I already had a National Retailer interested, basic proto-type built and a Canadian manufacture ready to go on completion and testing of proto-type, all I requested was the means for materials and proper equipment.Since I started the portable work station, I have built many more multi-purpose tools that assist me in my injury; which was(amongst other plans) stated in my business proposal to WCB. WCB then hired The Business Development Bank of Canada to take over my "portable work station", their proposal on my behalf was way out of line,pertaining to my overhead costs and marketing, my calculated cost was at least 50% less and marketing already covered; but I was also given a 45% chance of success rate even though all I had was a rough proto-type. Needless to say this is how the rest started.Later I attempted to gain my own Government grants and financing to manufacture other items such as portable fencing for one, I was unable to gain any assistance due to being under the WCB of Alberta's care. I was informed it was the responsibility of the WCB to assist me in my endeavors, it was at that time I gave up on trying to take over my own life.

I was attempting to get out of the WCB at that time and since, as I already knew I hated dealing with them, from prior experience. The last time I was in WCB's rehabilitation center, I had to force them to put me in a work out program that wasn't causing as much pain and injury. First it was tread mill set at a speed calculated by the length of my legs and arms,speed was to fast and hand rails too low; almost fell on my face, 3 days for pain to subside.Next was a go-no-where bike,with a back and hip injury already, more of I cant do; all this was to raise my heart rate. I recommended climbing stairs , there at least I had a hand rail for stability and at my own pace.Later I requested a leg press instead of squats with a box full of weights,that was refused as well as anything else I wanted to prevent more pain and immobility, all due to the supervisors comment of "who are the trained professionals here". On account of the unnecessary situation I was put in, where I was unable to participate in my program from the physical results of the day before, I was denied benefits for the time I was not participating, for listening to them I received not only pain and immobility but financial penalty as well.
To me it seems as if anything an injured worker wants to do for themselves is prevented, even in their act it states that they are the authority of the claimant, in every way shape and form. If I were to hire a lawyer in a 3rd party law suit that caused my injury, I would need WCB of Alberta's permission to proceed.That is only if they allow it,you and your lawyer become property of the Alberta WCB. If you are successful, monies are not be distributed by the court without the permission of the WCB; which at that time you will receive after all legal costs accrued by the WCB, only 25%.
For any of you that have followed my blog or have read other postings,I am not a "malingerer nor an abuser of the system", but the more I deal with WCB the more I see of false accusations pointed from the very people that are guilty of the those accusations. Who's the malingerer and abuser of the system?

If you read the comment below you will see that WCB employees take great pride in their "LAW" that enables them to commit these crimes and abuses, along with the arrogance , mis-information and belittlement that they utter, just ask any employer what happens when they hire anyone that has had a WCB claim.It is also typical of WCB employees to send the injured back to work into employment that is neither compliant to injury or that the worker is qualified for. The WCB employee is a brain washing tool to the public and a liar and manipulator to the injured.

This is written for the province of Alberta and Canada as a whole. SOMETHING MUST BE DONE !

Workers Compensation Boards in Canada, which are under Provincial legislation, are all part of the Association of Workers Compensation Boards of Canada.
http://www.awcbc.org
Workers Compensation Boards in Canada are members of The American Association of State Compensation Insurance Funds, or AASCIF, is an association of workers' compensation insurance companies from 27 different states, plus 10 workers' compensation boards in Canada. In the US, these companies--loosely referred to as state funds--each specialize in writing workers' compensation insurance in a single state. Some of these companies operate as private insurance companies, whereas others act as agencies of their respective state governments. In Canada, all workers' compensation insurance is provided through workers' compensation boards, which have complete jurisdictional and administrative powers related to workers' compensation in their respective provinces.
Home link http://02cd9d2.netsolhost.com/public/1.0_overview.htm
Link of interest, that directly pertains to audits and anti-fraud prevention, which raises questions. http://02cd9d2.netsolhost.com/public/jul_aug_sep06/audit.htm
Addition of this link Titled Model Audit: Internal control over financial Reporting: http://02cd9d2.netsolhost.com/public/Third_Quarter_2008/modelaudit.htm
This link pertains directly to the Province of Nova Scotia: Everything is all in-house, no input from outside resources that was noticed. http://02cd9d2.netsolhost.com/public/Fourth_Quarter_2008/leadership.htm
And functions with all kinds of fun and entertainment at whose expense? http://02cd9d2.netsolhost.com/public/archive/july-august-september03/3.2.3_july-august-september03.htm


Workers Compensation Boards of Canada are also part of The International Association of Workers Compensation Boards:
http://www.iaiabc.org/
Which have input of information pertaining to; managing claims, Provincial or State Law, even financial matters. What I find most interesting is that on a web page of the I.A.I.A.B.C they refer to themselves as “an association of government agencies that administer and regulate their jurisdiction’s workers' compensation acts”
The IAIABC specializes in:
• Connecting individuals for the exchange of information and the development of lasting relationships,
• Identifying current issues and future trends to help improve the administration of workers' compensation, and
• Answering inquiries, saving members time and money
Types of IAIABC Membership
There are different types of IAIABC membership that recognize the unique needs and situations of your company or agency. Dues are paid annually, running a calendar year, and can be pro-rated on a monthly basis. Following are the membership categories. Benefits and annual dues that are associated with each category vary in amount.
Jurisdictional Membership
Jurisdictional members are governmental agencies, commissions, boards, councils and courts.
Associate Corporate Membership
Associate Corporate members are associations, insurers, employers, medical providers, and more. Associate Corporate membership includes employees in branch or remote offices of the same company and parent or majority-owned subsidiary companies.
Associate Individual Membership
Associate Individual members are individuals/employees with professional or personal interest in workers' compensation.
EDI Membership
EDI members are Associate member companies with a desire to be on the front lines of setting national EDI standards. EDI are also considered Associate Corporate Members.
City/County Membership
City/County members are local city or county government agencies.

Now if Workers Compensation Boards of Canada are Internationally Associated by not one but three separate Associations, why is it allowed to have Quasi-judicial rights in Canada?
Why is the Federal Government of Canada allowing Canadian Charter of Rights to be VIOLATED continuously by these associations ?
Why is it allowed to be part of Provincial Government Unions? Especially when it’s an arm’s length of Government!
It is obvious that the WCB’s in Canada are not independent organizations as they claim, they just use independent names.
WCB’s in Canada should either be a Government agency or Independent, regardless no organization has the right to full jurisdiction and authority over Canadian Citizens, WCB of Alberta Polices alone, is a contradiction to the Canadian Charter of Rights.


PRINCIPLES OF WORKERS' COMPENSATION (Alberta)

The principles contained in Sir William Meredith's 1913 Final Report (see Appendix C) are the foundation of workers’ compensation in Alberta. Since 1913, these principles have evolved to reflect changing conditions. The principles are intended to be a “living document” and will continue to evolve as circumstances necessitate. Where does it say in the Meredith report that it is intended to be a living document? How can a document evolve as circumstances necessitate, when laws change but have no effect on the organization that hides behind a quasi-judicial system, more manipulations?

Today, the Workers' Compensation Board - Alberta operates according to the following principles¨, which apply to all workers and employers protected by the Alberta Workers’ Compensation Act. These principles provide direction to management in the development of policy and establish a frame of reference for the Board of Directors for policy decision-making. The principles also provide staff, management, our clients and the general public with guidance on the interpretation and application of policy. The principles are intended to provide the “why” or philosophical basis behind the policies. The articulation of principles provides transparency and points of reference for all stakeholders so that policy decisions of the Board of Directors can be better understood. Policy is written by the WCB for the WCB.

SYSTEM
1. Exclusive Jurisdiction
The WCB should strike the right balance between affording choice to workers and employers in areas where choice is in their best interests, but in matters where the WCB has expertise or where choice may not be in the best interests, the WCB should exercise exclusive jurisdiction.
2. No Fault
The WCB assumes liability for the injury in work-related circumstances despite the presence of fault on the part of a worker or employer. The WCB’s determination of what is “work- related” must appear reasonable to an ordinary, clear-thinking person. The worker’s compensation system should also encourage individual and employer accountability in other ways.
3. Protection from Lawsuit
Protection from lawsuit should apply in situations where the activities causing the injury are part of the employer’s normal insured activities, based on a reasonable person test, and operate to displace any tort remedy for that injury.
4. Employer Pays
Employers are expected to pay the full cost of the system.
5. Neutral Administrator
The WCB is a neutral and autonomous administrator of the workers’ compensation system and strives to balance the interests of workers and employers by providing fair compensation at a fair price.
6. Appeals Process
The appeals process should be fair, impartial, independent and accessible. Appeals issues should be resolved as early as possible in the process.
7. Incident Prevention
Both the benefit and premium structure should promote incident prevention and reduce risk of loss.
FINANCIAL/PREMIUM
8. Balance between Collective Liability and Individual Accountability
The premium structure should reflect a balance between collective liability and individual employer accountability. Collective liability maintains insurance protection by spreading the costs of workers’ compensation across all employers. Employer premiums should contribute to collective liability and also be reflective of their accident experience to promote accident prevention and disability management.
9. Full Funding
There should be sufficient funds on hand to meet present and future liabilities incurred along with a provision for reasonable reserves. Rates should not fluctuate wildly from year to year. (New buildings and in-house bonuses handed out along with rebates to Safety Associations are liabilities?)
BENEFIT
10. Work-Relatedness
The WCB determines which part of the injury or illness is caused by work and compensates for that part.
11. Employability not Employment
The system should strive to restore an injured worker, through rehabilitation, to a state of pre-accident employability, not employment.
12. Retrospective Earnings
The worker’s historical earnings (up to a prescribed maximum) form the basis of the compensation rate, which is a percentage of the earnings, recognizing the normal deductions that worker would pay and encouraging return-to-work. Compensation is based on provable information, not speculation. It recognizes “What was”, not “What could be”.
13. Health Care
The WCB decides the nature, sufficiency and cost of health care, bearing in mind individual needs and system well-being.

14. Quality of Life
The WCB should take reasonable measures to maintain a reasonable quality of life for a severely injured worker where the worker has not otherwise been compensated.
15. Survivor Benefits
Survivor benefits should make reasonable provision for the spouse** and any dependent children of the deceased worker.
** As a result of the Adult Interdependent Relations Act, benefits available to spouses may also be available to adult interdependent partners as defined by the AIR Act.
¨ These principles were approved by the Board of Directors on December 11, 2001 (BoD Resolution 2001/11/57)
As I am not a lawyer, these principles appear to be loop holes for the workers compensation system to give room for their determination as to how theses are applied. Particularly the areas of Jurisdiction, protection from lawsuit, no fault, neutral administration, appeals process, work relatedness, employability, health care, retrospective earnings, quality of life, survivor benefits.
There have been many problems over these, due to WCB’s handling of these principles, as they seem to pick and chose as to how to handle each and every principle to individual claims, not all are handled the same.
Examples of each:
Jurisdiction: having this allows the WCB to make decisions, right or wrong, there is no recourse of action for any party involved.
Protection from lawsuit: WCB’s use this to protect themselves as the employer’s representative, regardless of any situation that may have legal consequences.
No fault: WCB’s assume accountability for the injury and determination of “cause of injury” even when it is “clear to an ordinary, clear thinking person” workers have to fight for their fair treatment
Neutral Administration: now this had to be the biggest loophole of them all,
Neutral and autonomous; when they control all aspects of the compensation system
Strives to balance interests between workers and employers; WCB is the employers representative, of whom injured workers detest, from their abuse of power; employers disprove of the injured worker due to their increases in premiums and WCB’s continuous comments of malingering and fraudulent abuse of the system.
Appeals Process: There is evidence of appeals purposely mishandled, paper work kept by claims managers for months, Supervisors stating the out come of decisions BEFORE appeal is heard, Appeals panels making decisions on legal/ medical / charter of rights and human rights issues that are not qualified for this position
Employability not employment: is this where deeming comes into play? Where an injured worker is deemed to be employed in a position that they have no experience, qualifications or interest in? Even when an injured worker chooses a new occupation, the WCB will and has denied the worker to proceed. It is do it their way or no way.
Retrospective Earnings: There is a ceiling limit to the amount that will be paid out to the injured worker, regardless of income. WCB Alberta claims 95% of the injured workers wage paid out and depending on which year of injury determines the maximum amount. Permanently injured workers are the hardest hit by this, as WCB’s continually reduce benefits as time goes by.
Health Care: WCB’s should not be allowed to determine health care as already has been proven by injured workers that have fallen for this trap, also proven by Physicians that make recommendations for their patients, care and treatment, is ignored or over ruled by claims managers/ WCB doctors who do not even see the patient and improper rehabilitation practices.
Quality of Life: This only applies to severely injured workers, which is determined by the WCB’s; permanently injured workers have to put-up with humiliation, poverty, abuse and frustration. All due to the WCB’s choices of “what is best for worker and employer”, while preventing the permanently injured worker’s from having a quality of life above the poverty line, let alone the social aspects that affect the permanently injured worker in their communities and socially as a whole. Which have been and is the main reason of permanently injured worker suicides, of which the WCB’s denies any wrong doing that caused the emotional breakdowns.
Survivor Benefits: How many spouse’s or dependents have been fighting for their rights after death of a worker?
What about the spouses and dependents of permanently injured workers that have committed suicide due to the actions of the WCB’s?

Workers Compensation Boards have become the sole authority over the injured workers and their physicians, claim managers over ruling medical professionals. WCB hired physicians that do not even see the injured worker physically, making diagnoses of the injury.
Appeals Commission chairs ruling on legal, medical, Canadian Charter of Rights and human rights issues that are unqualified for the position of such decisions. As many court judges have stated in their closing rulings.
Many injured workers have to wait until the WCB has closed their claim before getting proper medical attention, due to loss of medical and judicial rights when in the WCB system.
Recommendations:
Massive changes need to be changed and met:
1. Removal of the Principals of Jurisdiction and Neutral Administration.
2. All medical needs covered by Canadian Health care system, Insurance Corporation’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.
3. Emergency /closest physicians or workers personal physician: shall be deciders of degree or cause’s of injury and all treatment.
4. Government having direct responsibility for insuring, that the WCB’s do not abuse their position pertaining to the care of the injured worker; federally as a whole; provincially as individual.
5. Board shall provide all necessary needs and insuring all needs to assist/allow the worker to progress to a new life with any and all assistance needed due to injury.
6. Proceeds and payments by the employers to the employers fund for injured workers to be handled by the provincial auditor, along with employment insurance to assist in benefits, as injured pay into that as well, but are not able to collect if injured on the job.
7. 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.
8. Deeming of employment to no longer be regarded as basis for benefit entitlement.
9. Employer’s refusal / restriction or interferences of medical care to be open for lawsuit.
10. WCB’s shall recognize the need and importance of injured workers in dependency and privacy.
11. WCB’s shall encourage in an injured workers plight for independence of income, in assisting by supplying the resources available and insuring that all injured workers, who choose this route, are competent in success.
12. Injured worker training to be taught in schools across Canada.
13. Appeals to be heard only by qualified person’s , not those chosen for personal or corporate reasons, there should be at least one qualified person from each of the legal and medical professions on a hearing committee.
14. Violations of Canadian Charter of Rights or human rights shall have charges laid directly to the person or persons that made the infringement.

I.A.I.A.B.C : An International Association of government agencies

Workers Compensation Boards in Canada, which are under Provincial legislation, are all part of the Association of Workers Compensation Boards of Canada.


Workers Compensation Boards in Canada are members of The American Association of State Compensation Insurance Funds, or AASCIF, is an association of workers' compensation insurance companies from 27 different states, plus 10 workers' compensation boards in Canada. In the US, these companies--loosely referred to as state funds--each specialize in writing workers' compensation insurance in a single state. Some of these companies operate as private insurance companies, whereas others act as agencies of their respective state governments. In Canada, all workers' compensation insurance is provided through workers' compensation boards, which have complete jurisdictional and administrative powers related to workers' compensation in their respective provinces.

Link of interest, that directly pertains to audits and anti-fraud prevention, which raises questions.

Addition of this link Titled Model Audit: Internal control over financial And Audit reporting

WCB employees attend functions with all kinds of fun and entertainment at whose expense?

This link pertains directly to the Province of Nova Scotia: Everything is all in-house, no input from outside resources that was noticed. 


Workers Compensation Boards of Canada are also part of The International Association of Workers Compensation Boards:


Which have input of information pertaining to; managing claims, Provincial or State Law, even financial matters. What I find most interesting is that on a web page of the I.A.I.A.B.C they refer to themselves as “an association of government agencies that administer and regulate their jurisdiction’s workers' compensation acts”
The IAIABC specializes in:
• Connecting individuals for the exchange of information and the development of lasting relationships,
• Identifying current issues and future trends to help improve the administration of workers' compensation, and
• Answering inquiries, saving members time and money
Types of IAIABC Membership
There are different types of IAIABC membership that recognize the unique needs and situations of your company or agency. Dues are paid annually, running a calendar year, and can be pro-rated on a monthly basis. Following are the membership categories. Benefits and annual dues that are associated with each category vary in amount.
Jurisdictional Membership
Jurisdictional members are governmental agencies, commissions, boards, councils and courts.
Associate Corporate Membership
Associate Corporate members are associations, insurers, employers, medical providers, and more. Associate Corporate membership includes employees in branch or remote offices of the same company and parent or majority-owned subsidiary companies.
Associate Individual Membership
Associate Individual members are individuals/employees with professional or personal interest in workers' compensation.
EDI Membership
EDI members are Associate member companies with a desire to be on the front lines of setting national EDI standards. EDI are also considered Associate Corporate Members.
City/County Membership
City/County members are local city or county government agencies.

Now if Workers Compensation Boards of Canada are Internationally Associated by not one but three separate Associations, why is it allowed to have Quasi-judicial rights in Canada?
Why is the Federal Government of Canada allowing Canadian Charter of Rights to be VIOLATED continuously by these associations ?
Why is it allowed to be part of Provincial Government Unions? Especially when it’s an arm’s length of Government!
It is obvious that the WCB’s in Canada are not independent organizations as they claim, they just use independent names.
WCB’s in Canada should either be a Government agency or Independent, regardless no organization has the right to full jurisdiction and authority over Canadian Citizens, WCB of Alberta Polices alone, is a contradiction to the Canadian Charter of Rights.


PRINCIPLES OF WORKERS' COMPENSATION (Alberta)

The principles contained in Sir William Meredith's 1913 Final Report (see Appendix C) are the foundation of workers’ compensation in Alberta. Since 1913, these principles have evolved to reflect changing conditions. The principles are intended to be a “living document” and will continue to evolve as circumstances necessitate. Where does it say in the Meredith report that it is intended to be a living document? How can a document evolve as circumstances necessitate, when laws change but have no effect on the organization that hides behind a quasi-judicial system, more manipulations?

Today, the Workers' Compensation Board - Alberta operates according to the following principles¨, which apply to all workers and employers protected by the Alberta Workers’ Compensation Act. These principles provide direction to management in the development of policy and establish a frame of reference for the Board of Directors for policy decision-making. The principles also provide staff, management, our clients and the general public with guidance on the interpretation and application of policy. The principles are intended to provide the “why” or philosophical basis behind the policies. The articulation of principles provides transparency and points of reference for all stakeholders so that policy decisions of the Board of Directors can be better understood. Policy is written by the WCB for the WCB.

SYSTEM
1. Exclusive Jurisdiction
The WCB should strike the right balance between affording choice to workers and employers in areas where choice is in their best interests, but in matters where the WCB has expertise or where choice may not be in the best interests, the WCB should exercise exclusive jurisdiction.
2. No Fault
The WCB assumes liability for the injury in work-related circumstances despite the presence of fault on the part of a worker or employer. The WCB’s determination of what is “work- related” must appear reasonable to an ordinary, clear-thinking person. The worker’s compensation system should also encourage individual and employer accountability in other ways.
3. Protection from Lawsuit
Protection from lawsuit should apply in situations where the activities causing the injury are part of the employer’s normal insured activities, based on a reasonable person test, and operate to displace any tort remedy for that injury.
4. Employer Pays
Employers are expected to pay the full cost of the system.
5. Neutral Administrator
The WCB is a neutral and autonomous administrator of the workers’ compensation system and strives to balance the interests of workers and employers by providing fair compensation at a fair price.
6. Appeals Process
The appeals process should be fair, impartial, independent and accessible. Appeals issues should be resolved as early as possible in the process.
7. Incident Prevention
Both the benefit and premium structure should promote incident prevention and reduce risk of loss.
FINANCIAL/PREMIUM
8. Balance between Collective Liability and Individual Accountability
The premium structure should reflect a balance between collective liability and individual employer accountability. Collective liability maintains insurance protection by spreading the costs of workers’ compensation across all employers. Employer premiums should contribute to collective liability and also be reflective of their accident experience to promote accident prevention and disability management.
9. Full Funding
There should be sufficient funds on hand to meet present and future liabilities incurred along with a provision for reasonable reserves. Rates should not fluctuate wildly from year to year. (New buildings and in-house bonuses handed out along with rebates to Safety Associations are liabilities?)
BENEFIT
10. Work-Relatedness
The WCB determines which part of the injury or illness is caused by work and compensates for that part.
11. Employability not Employment
The system should strive to restore an injured worker, through rehabilitation, to a state of pre-accident employability, not employment.
12. Retrospective Earnings
The worker’s historical earnings (up to a prescribed maximum) form the basis of the compensation rate, which is a percentage of the earnings, recognizing the normal deductions that worker would pay and encouraging return-to-work. Compensation is based on provable information, not speculation. It recognizes “What was”, not “What could be”.
13. Health Care
The WCB decides the nature, sufficiency and cost of health care, bearing in mind individual needs and system well-being.

14. Quality of Life
The WCB should take reasonable measures to maintain a reasonable quality of life for a severely injured worker where the worker has not otherwise been compensated.
15. Survivor Benefits
Survivor benefits should make reasonable provision for the spouse** and any dependent children of the deceased worker.
** As a result of the Adult Interdependent Relations Act, benefits available to spouses may also be available to adult interdependent partners as defined by the AIR Act.
¨ These principles were approved by the Board of Directors on December 11, 2001 (BoD Resolution 2001/11/57)
As I am not a lawyer, these principles appear to be loop holes for the workers compensation system to give room for their determination as to how theses are applied. Particularly the areas of Jurisdiction, protection from lawsuit, no fault, neutral administration, appeals process, work relatedness, employability, health care, retrospective earnings, quality of life, survivor benefits.
There have been many problems over these, due to WCB’s handling of these principles, as they seem to pick and chose as to how to handle each and every principle to individual claims, not all are handled the same.
Examples of each:
Jurisdiction: having this allows the WCB to make decisions, right or wrong, there is no recourse of action for any party involved.
Protection from lawsuit: WCB’s use this to protect themselves as the employer’s representative, regardless of any situation that may have legal consequences.
No fault: WCB’s assume accountability for the injury and determination of “cause of injury” even when it is “clear to an ordinary, clear thinking person” workers have to fight for their fair treatment
Neutral Administration: now this had to be the biggest loophole of them all,
Neutral and autonomous; when they control all aspects of the compensation system
Strives to balance interests between workers and employers; WCB is the employers representative, of whom injured workers detest, from their abuse of power; employers disprove of the injured worker due to their increases in premiums and WCB’s continuous comments of malingering and fraudulent abuse of the system.
Appeals Process: There is evidence of appeals purposely mishandled, paper work kept by claims managers for months, Supervisors stating the out come of decisions BEFORE appeal is heard, Appeals panels making decisions on legal/ medical / charter of rights and human rights issues that are not qualified for this position
Employability not employment: is this where deeming comes into play? Where an injured worker is deemed to be employed in a position that they have no experience, qualifications or interest in? Even when an injured worker chooses a new occupation, the WCB will and has denied the worker to proceed. It is do it their way or no way.
Retrospective Earnings: There is a ceiling limit to the amount that will be paid out to the injured worker, regardless of income. WCB Alberta claims 95% of the injured workers wage paid out and depending on which year of injury determines the maximum amount. Permanently injured workers are the hardest hit by this, as WCB’s continually reduce benefits as time goes by.
Health Care: WCB’s should not be allowed to determine health care as already has been proven by injured workers that have fallen for this trap, also proven by Physicians that make recommendations for their patients, care and treatment, is ignored or over ruled by claims managers/ WCB doctors who do not even see the patient and improper rehabilitation practices.
Quality of Life: This only applies to severely injured workers, which is determined by the WCB’s; permanently injured workers have to put-up with humiliation, poverty, abuse and frustration. All due to the WCB’s choices of “what is best for worker and employer”, while preventing the permanently injured worker’s from having a quality of life above the poverty line, let alone the social aspects that affect the permanently injured worker in their communities and socially as a whole. Which have been and is the main reason of permanently injured worker suicides, of which the WCB’s denies any wrong doing that caused the emotional breakdowns.
Survivor Benefits: How many spouse’s or dependents have been fighting for their rights after death of a worker?
What about the spouses and dependents of permanently injured workers that have committed suicide due to the actions of the WCB’s?

Workers Compensation Boards have become the sole authority over the injured workers and their physicians, claim managers over ruling medical professionals. WCB hired physicians that do not even see the injured worker physically, making diagnoses of the injury.
Appeals Commission chairs ruling on legal, medical, Canadian Charter of Rights and human rights issues that are unqualified for the position of such decisions. As many court judges have stated in their closing rulings.
Many injured workers have to wait until the WCB has closed their claim before getting proper medical attention, due to loss of medical and judicial rights when in the WCB system.
Recommendations:
Massive changes need to be changed and met:
1. Removal of the Principals of Jurisdiction and Neutral Administration.
2. All medical needs covered by Canadian Health care system, Insurance Corporation’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.
3. Emergency /closest physicians or workers personal physician: shall be deciders of degree or cause’s of injury and all treatment.
4. Government having direct responsibility for insuring, that the WCB’s do not abuse their position pertaining to the care of the injured worker; federally as a whole; provincially as individual.
5. Board shall provide all necessary needs and insuring all needs to assist/allow the worker to progress to a new life with any and all assistance needed due to injury.
6. Proceeds and payments by the employers to the employers fund for injured workers to be handled by the provincial auditor, along with employment insurance to assist in benefits, as injured pay into that as well, but are not able to collect if injured on the job.
7. 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.
8. Deeming of employment to no longer be regarded as basis for benefit entitlement.
9. Employer’s refusal / restriction or interferences of medical care to be open for lawsuit.
10. WCB’s shall recognize the need and importance of injured workers in dependency and privacy.
11. WCB’s shall encourage in an injured workers plight for independence of income, in assisting by supplying the resources available and insuring that all injured workers, who choose this route, are competent in success.
12. Injured worker training to be taught in schools across Canada.
13. Appeals to be heard only by qualified person’s , not those chosen for personal or corporate reasons, there should be at least one qualified person from each of the legal and medical professions on a hearing committee.
14. Violations of Canadian Charter of Rights or human rights shall have charges laid directly to the person or persons that made the infringement.

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 ? 

 http://abusebyalbertasworkerscompensation.blogspot.com/2009/05/abuse-and-coverup-by-quasi-judicial.html

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/

Hello fellow injured workers:



I have been dealing with Alberta WCB for many years, more years then I spent in my electrical apprenticeship, almost as long now as time in the trade itself. I have been through lots due to WCB, especially when the department of Children’s Services stated that I am fighting WCB, therefore I am abusing and neglecting my children. Since September 2008 WCB has prevented me from assistance from Family Services due to their withholding of 100% OF MY BENEFITS. I have been seeing a high ranking Psychologist in my province to assist me in dealing with the mental anguish that I have been and am still going through thanks to the quazi-judicial system that they use for their protection. Since I have not received any assistance from my provincial Government, I then went to our Federal Government for assistance, again no help just runaround to different areas and/ or referrals back to my Provincial MLA and Ministers. Here is what I have come up with, as our Federal Government prides themselves in Human rights and anti-corruption on the world’s stage, yet do nothing with-in their own country.

Send letters of corruption, fraud and human rights violations to the United Nations, here is a link to the U.N anti-corruption tool which will explain it better; as I read this it showed to me on how much is wrong with the WCB’s across Canada and how our Government allows this to happen is against all that they claim to work towards, especially on an international basis. The Only way is to let U.N know how all the injured workers in Canada are being treated, and then maybe our Politicians will stand up for the people that they are to represent.



http://unpan1.un.org/intradoc/groups/public/documents/UN/UNPAN020658.pdf
this link is a must read http://www2.ohchr.org/english/bodies/chr/complaints.htm


Sincerely fellow injured worker