To my Alberta Provincial Political Leader's & Leaders for Alberta Change:

The W.C.B.'s across Canada,are a very strenuous psychological challenge, there are many "Legal" or "Illegal" acts 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, Threats, Blackmail, Medical Malpractice, Social Discrimination and countless accusations of questionable acts, that are border line criminal.


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, in some cases like family, others were just another face: but everyone stood beside/ behind each other through thick or thin,on the job , for their employer's; only to find out later, that they were nothing more then a disposable slave, to do the master's bidding.


Employers attempts & successes, to have us not file a claim, of preventing proper medical treatment, in some cases, where employer reports are "denying", the employee had an accident at work /claiming that is not their responsibility & manipulation of worker financial/ medical/ personal information, 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 never "been there, done that", which makes them unable to realize how much control this "system" has on our lives, while these same people have no-one to control them as our Governments have allowed for free reign w/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.


That when the WCB/WSIB decides to deny your benefits; that includes medical & anything else that effects your injury: a disabled worker cannot take that "injury" for medical care or prescribed medications as it is the Compensations system that is 100% responsible for your injury & proper treatment, many have been left to street drugs for pain control.


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 , knowing they need proper medical/vocational/financial assistance, of which they never get.


This alone is no less then 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, their wages & 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; of who they share the profits with.




Should we have kept our mouths shut, got treatment through the Public Health Care system, visit Family Services for loss of income;while the employer pays the large premiums for safety organizations that do
nothing other then promote "Safety on the Job".
We as employee's know our limits;safety training should be part of every school curriculum, let the employers premiums go into a publicly controlled fund that covers all that is needed, with 80% year end profits paid into Public Health Care.
Be surprised how much cheaper that would be by wiping out the Middleman: AKA Compensation Board.

Conclusion:

The answer lies in the bottom statement, regulate the system; let the employer premiums go into a Public Fund that distributes the benefits, the organizations are already in place, just need to utilize the efficiency of our public system.

Examples:

Mandatory Safety Training through out the school years, with employment specific safety training in apprenticeships/ University careers etc.

Have all health care through the public system, via workers doctor recommendations; including all surgery/physiotherapy & all other related medicinal needs.

Let the Social assistance program and AISH work together, regarding short term & long term injuries/disabilities, in the supplying of necessary needs to prevent workers from falling into poverty.

Service Alberta to assist with vocational training & job placement that is consistent with the worker's personality and injury, they will be able to assist both the worker & employer in creating a work place that is safe, secure, in the workers interests and to the employers benefit.

With the Billion dollar's that Alberta WCB had accumulated in their "non-profit" account (April 2009 report), that would leave room for the employers to receive a rather substantial deduction in premiums, while maintaining a means of contributions going directly to these services, which in turn is money back into the pockets of Albertan's.

This can be done, with simple planning, Legislative changes, co-operation between all parties would insure its success;

Which I believe that many will agree that taking out the "Middle Man" will insure proper care, while being financially beneficial to the Worker, Employer, Government Services and the tax payers of Alberta.

Workers Compensation Of Alberta : On the Job Training ( new update)

I will say this is a start,but it is to late; but a good gesture as far as I am concerned, I have tried to gain employment in areas of employment that I felt I could do and it was mainly the way WCB Alberta handled the situation with the employers. The employers were scared to hired as it would drive up their premiums if an injured worker was re-injured and all the brunt of the injury would be on that NEW employer. I have brought this up to Alberta WCB a few years ago in the Appeals Process.
http://www.canadabusiness.ca/eng/summary/2475/
It is also on WCB website with more information, they claim it has been on site since September 22, 2008.
First I heard of it, not one WCB employee mentioned this to me in all the correspondence or conversations of the claims services staff, I also subscribe to the Workers Compensation Board of Alberta's mailing list for updates on programs and policies.

http://www.wcb.ab.ca/pdfs/workers/WFS_Training_on_the_job.pdf

Worker Fact Sheet
Website: www.wcb.ab.ca E-mail: contactcentre@wcb.ab.ca Box 2415, 9912-107 Street Toll-free: 1-866-922-9221 (within AB) 1-800-661-9608 (outside AB) Edmonton, AB T5J 2S5
Edmonton Ph: 780-498-3999 Fax: 780-498-7999
Calgary: Ph: 403-517-6000 Fax: 403-517-6201
Training on the Job (TOJ)
When it is identified that you are medically unable (because of the accepted work place accident) to return to your date of accident occupation, your case manager will consider suitable
re-employment assistance to meet your needs. Your case manager will initially determine, by
talking to your accident employer, if any modified job opportunities exist with them. If your
accident employer is unable to find you suitable employment, other re-employment assistance is
considered. The training-on-the-job program is one of the options available through the re-employment assistance program.
How it works
A TOJ program is an individualized program set up to help you return to work with either your date of accident employer or a new employer, learning new skills. This program is also an
incentive for employers to hire people who do not have the experience necessary to get into that
line of work. WCB - Alberta subsidizes (tops up) your wages while you learn these new skills in a different job*. This working arrangement is a win-win situation for you and your new employer. Your employer gets an opportunity to see if you are appropriate for the job, while you get an opportunity to be trained in a different job and return to the workforce safely.
Your case manager will review and determine your entitlement to a TOJ program based on your individual need.
* Depending on the details of your new position, WCB can reimburse your new employer at a decreasing percentage of the wages (e.g. 1st month – 100%, 2nd month – 75%, etc.).
**WCB does not pay overtime, holiday pay or the employer’s portion of the worker’s Employment Insurance, Canada Pension Plan contributions or WCB premiums.
Finding an employer
When you have identified a potential employer, WCB can approach the potential employer to determine if they are interested in sponsoring you in a TOJ program. Talk to your case manager.
Determining the length of the program
You, your case manager and your new employer will determine the length of your TOJ program
(usually three to six months) by assessing the skill requirements of the new job, your transferable skills and the time required for you to learn new skills to become a fully productive
employee.

They sure make it sound good but you notice that they have already set the time limits and the amount of income for the injured worker, Guess my first comment was damn close to the truth, just more corruption to get rid of the injured worker so they can keep on collecting Millions to set themselves in a nice comfy retirement.
http://www.eluta.ca/top-employer-workers-compensation-board-of-alberta
If this were a court of law I know my lawyer would say this is not a good agreement to many loop holes to trap the injured worker and release the WCB of responsibility.

I have been investigating the connection between Alberta WCB and the Federal Government as I have been told so many times that Federal and Provincial Governments have no say in the day to day workings of the WCB, in fact I have been told by MP's that I have requested involvement from (as provincial Government has done nothing to investigate the WCB) that any business with WCB is to taken up with my Provincial Government.
The only connection to the Alberta WCB and Provincial Government on employers and labour incentives is to join a injury reduction programhttp://employment.alberta.ca/SFW/340.html. Now why would the Alberta WCB and federal Government join forces and not the Provincial Government?
Is this a way stating that offers were in place for the injured worker to gain employment ?

To find their own retraining programs due to WCB is incompetent at retraining?
or is it a way of proving that they had options in place to prevent Mr.Clayton from stating that the WCB had no options available for him and therefore cut him off benefits and to find his own medications without any health care assistance? regardless there has not been anywhere else then the Federal site and the WCB home site that stated this option for the injured worker's of Alberta.

I have a few major reservation's towards this situation:

1) what about after training; the I/W's restrictions would still be there, it would take very little to cause a flare-up in injury , depending on the injury it self.

2) If this is offered in Alberta , why not the rest of Canada ? seems like a new cover story by these actions of the situation of the Hostage taking.

3)Why doesn't the Federal Government, Provincial Government and WCB all work together and continue the subsidies for the employee's life span until retirement and a top off of a percentage to compensate our pensions.

4) What prevents the WCB from making "DEAL's" with the "on-the-job-training-employer" to have the workers employment terminated as soon as training is done, that does not secure any employment in the future, as the WCB could in turn increase the premiums/ stop wage subsidy or anything they want to the employer as he is no longer training.

5) Why is it only open to Employers for training ; what if I want my own business ( like I have tried before) and have always needed WCB's permission ( even via Federal Government Business Grant application), that way I can guarantee "my own" success or failure instead of falling back into the same rut

6) Sorry WCB Alberta but you have proven to many times that you cannot be trusted with the authority over the injured worker, especially now when you are not part of the Provincial Government as you have so contently stated to injured workers over the years, only to crawl into bed with the Federal Government; of whom has been washing their hands of you since the Merideth Report was written up.

This Stinks Big Time of Political Corruption;WCB is still in control of the situation; with that said I am cut off now due to non-compliance?

There is still no protection from the abuse and manipulation of the Workers Compensation Board Alberta.

Reply from WCB Supervisor

Hi Ken,

I reviewed the information you have inquired on regarding a training on the job (TOJ). This has been a re-employment assistance option for many years. This is not in conjunction with any government agency. This is not a new option and if you look at our site you will find information regarding training on the job. I have attached the link below with the fact sheet which I encourage you to review:

http://www.wcb.ab.ca/pdfs/workers/WFS_Training_on_the_job.pdf

I cannot comment on what the Government of Canada has chosen to place on their website, as we are not a government agency. I encourage you to contact them directly if you have questions regarding information that they have indicated in their website. Please also note that the reason that Alberta WCB may be indicated but others may not, is likely due to the fact that not all WCB's may have this as a vocational option. Each WCB in Canada is governed by separate legislation and have their own policies.

If you are inquiring on your eligibility for a training on the job you would need to contact us in writing with your request and a Case Manager would reply to your request. Thank you.

Nici Denney
Supervisor
Large Employers
Customer Service and Disability Management
WCB Alberta
Phone (780) 498-4358
Fax (780) 498-4078

A case manager will contact me? So once again I am without a case manager, last time I ended up on criminal charges by WCB, for no case manager available.

You do not have one assigned at this time Ken, as your file is not under active management, but if you would like to send something in writing regarding a request for a training on the job, you are welcome to do so and a Case Manager will be assigned to your claim and contact you in that regard.

Nici Denney

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.

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)

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.

IBEW 424 Where are you ?

I was there when Tim (present Business Associate) was working with George at dispatch, now he is least to my knowledge business manager, regardless of placement he knows my story as he was there from the beginning.
But the main part that gets me is why? ,(when George was alive) my situation was conflict of interest?
George was administrative to the IBEW and also on the WCB board, is this why I have not received assistance from my "BROTHERS ?
Having my rights been taken away?
No assistance for all the years of dues I paid?
Insurance is non-existent, how many years of payment to the employees benefit plan?
No representation other then qualifications for job placement?
My family has to live in poverty with no medical or dental for me and my wife?
We have to go through all this bull just because those I thought were there for me turned out only to be there to better there own lives?
When I worked for IBEW. it was all together or stand alone, thats why I stood to picket and fight the non-union (remember Hinton or A.E.C pulp mill)what do I get ?
No more I am now officially against UNIONS cause the brotherhood is not there.

History of Workers Compensation in Canada

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

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

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

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


" It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. The Board is funded by the employers, and the Board has a duty and probably a primary duty to protect the employer. In relation to the worker, the Board has an overwhelming wealth of knowledge and experience. It has the financial ability to fund sophisticated investigations involving highly qualified experts and have the material presented to them, guided, orchestrated and propounded by its in-house counsel responsible to the Board and paid for by the Board. The application of any standards under the rules of natural justice would identify such circumstances as being unequal in negotiating ability and unfair. This is not a level playing field, it is not fair, and it offends the basic principles of natural justice."- Justice Maclean - Court of Queen's Bench of Alberta
Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
http://iwocac.ning.com/

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


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




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

History of Workers Compensation in Canada

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

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

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

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

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

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

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

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

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

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


" It cannot be said that the Board is independent insofar as the worker is concerned. It is a Board set up to protect the employers. The Board is funded by the employers, and the Board has a duty and probably a primary duty to protect the employer. In relation to the worker, the Board has an overwhelming wealth of knowledge and experience. It has the financial ability to fund sophisticated investigations involving highly qualified experts and have the material presented to them, guided, orchestrated and propounded by its in-house counsel responsible to the Board and paid for by the Board. The application of any standards under the rules of natural justice would identify such circumstances as being unequal in negotiating ability and unfair. This is not a level playing field, it is not fair, and it offends the basic principles of natural justice."- Justice Maclean - Court of Queen's Bench of Alberta
Wilson v. Medicine Hat (City) [1999] A. J. No. 269 (February 3, 1999)
http://iwocac.ning.com/

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.

Picketing got me Somewhere

March is Anti-Fraud Month, so I went and parked my van downtown Edmonton at the corner of of 99th ave. and 107 street, Workers Compensation Board and towards the driveway of the Legislative Building.
I had mounted some large posters on it, they were written with markers and highlighters, parked there from 8:15 am - 2:30 pm, then went to visit a friend the hospital.
Here's what the posters said:
MARCH is fraud prevention Month, STOP the FRAUD WITHIN our GOVERNMENTS CONTROL
I.D. FRAUD or CORPORATE FRAUD! FRAUD IS FRAUD
INJURED WORKERS have the EVIDENCE; ORGANIZED CRIMINAL's?
ARM'S LENGTH of GOVERNMENT ( with a listing of wrong doings)
NOTHING HAS BEEN DONE; FEDERAL INTERVENTION NEEDED? (yes)
WCB is a FEDERAL ORGANIZATION that is IMMUNE to JUDICIAL PROCEEDINGS
Along with some WCB comments like:
Weasels Creating Bankrolls
Waiving Claimants Benefits
Willfully Collaborating Betrayers
Wrongful Criminal Barbarians
Wicked Cruel Brutality
Whitewashing Corrupted Business
and my personal favorite: Wildcats Controlling Bureaucracy

Well needless to say I did get some attention, WCB employees taking pictures, looking and laughing, black limousines all full of suits on their way to lunch and back. While I stayed there trying to keep my posters from blowing away in the wind, what bale twine and magnets can achieve. Even had security come to check out me and my van, however I was no threat in any manner.Security came back an forth asking me questions, taking information and relaying it back to whom ever, even tried to convince me that someone will get in contact; in a few days type of routine, but I didn't budge.He later came back and informed that something will be done as I am in dire need of help, geeze, 7 months of no income what so ever, after all the rest of the bull?
Well when I got home that evening,I live outside the city, there is a message for me to contact WCB, well they told me that they will be sending me $614.00 per month, accept that or nothing, so I guess picketing did help to pay my mortgage, for this month.