Wednesday, October 6, 2010

Where has the Canada Pension Money gone?

There has been a lot of talk in the past couple of decades that our Canadian Pension is dwindling , to the point of nothing being available when my generation gets to retirement age (which is not that far away).

In the past few years I have been fighting for my rights which have been taken away by a provincially Legislated Non-Profit Organization, this Organization is responsible for the coverage of those who are injured or become ill from their work place. As many of the permanently disabled/ ill have come to realize the hard way is that the WCB's across Canada will do anything to protect their profits, which they use for international meetings, rewards to safety groups that basically do nothing, wages and most importantly their pensions. So we can see from their side as to why they want the employers of Canada, which includes our Provincial/ Federal Governments, our RCMP, our Military and those who stand guard of the Criminals that are kept in our prisons.
A recent court document that I had the opportunity to view, dealt with a Disabled by Occupation employee that fit into the latter of these categories, one sentence really caught my eye from the court transcript: " Your Honour,  the court of this province (Alberta) has no jurisdiction regarding the WCB " the Judge agreed and the lawsuit against WCB was dismissed.
(Alta WCB Act sec2.1: States " the Board has the same Rights, Powers & Privileges of a Natural Person")

The WCB of Alberta has made it clear that they do not have to follow the laws that are written up for all Canadians, nor do they have too fulfill their Legislated responsibilities to those who they were created for back in 1913,  as the tens possibly hundreds of thousands of Disabled by Occupation will verify and that have been lead to a life of poverty.

There is now a new way of preventing poverty of which the WCB of Alberta hopes all disabled by occupation will follow, they have their spokesmen going around talking to other Disabled by occupation into forgetting about their WCB benefits and to collect the pensions they are entitled too from Canada Pension.

Many have been informed of this "New" prevention of Poverty, only to find out that once they are accepted for pension , whether it is CPP or ASIH, they lose their benefits of WCB, including any monies that may still be owed to the claimant. Upon collecting CPP, depending on your age and contributions, will determine your pension and upon reaching retirement age your pension will then be recalculated for the amount you previously received and "deducted accordingly".
Mean while the Canada Pension decreases, the employers pay their premiums to WCB, who does nothing for the disabled Worker, the disabled worker's life is borderline poverty "until retirement age" and those who go around helping the WCB promote this "New Poverty Prevention" have no idea of what they are promoting, what should be promoted is the fact that the WCB of Alberta and across Canada for that matter should be stripped of their Judicial Immunity, laws that are in place for insurance carriers to be enforced to fullest extent of the law, and to prevent non-profits organizations such as the the WCB from having over a Billion in profits that is handed over to others, when it is meant to keep those Disabled by Occupation out of poverty and to assist them in gaining control of lives, instead of being treated like the poorest people of 3rd world countries.

After All the Majority of Disabled Workers became so from building this Province/Country , not by sitting behind a desk dictating what is best for others, destroying lives of Canadians, basically stealing from our pockets, when their only goal is to Profit themselves and have others succumb to their demands, sounds a lot like Organized Criminals to me .

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Friday, June 5, 2009

Government, WCB and computer Viruses

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

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

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Thursday, May 28, 2009

History of Workers Compensation in Canada

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

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

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

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


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

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


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




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

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History of Workers Compensation in Canada

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

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

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

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

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

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

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

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

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

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


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

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

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

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

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

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

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

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

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

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

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

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

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Thursday, April 30, 2009

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.

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Sunday, April 19, 2009

Judicial powers allow corruption in business

Injured workers across Canada have been the subject of unreasonable wrong doings by the Workers Compensation Board's, they use a clause in their legislated acts that gives them the same powers as the Court of Queens Bench (sec.12 sub(5)), with which they become immune to any court action that any person may have grounds to proceed with (sec.12.sub(1)), as they have their own processes to go through and there is no recourse once they have been completed; neither the Board or any employee are subject to court action (sec12. sub2)).

They hide behind this status while being Judge, Jury and Prosecutor, handing out penalties and disciplinary actions against those that they themselves have unreasonably wronged, including the changing of previous decisions made by other members of the board. (sec12.sub(4))

You can help by signing this petition to prevent such fascist organization's from operating in our country, as it is a free country; except to those that are forced to deal with others that put themselves above the law.
;Online petition - Removal of Court of Queens Bench status from the Workers Compensation Board

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Monday, March 23, 2009

Letter for help to United Nations

To whom it Concern:

After reading the criteria for communication acceptance, I am not sure I would have any assistance in this matter; however I will state my story and pray.

As an injured worker I and many others have been subject of fraud, corruption and violated of my human and chartered rights by my country. The main source of the problem is due to a quazi-judicial system employs non-professional persons as legal decision makers, along with their positions, they and their organization (including all employees) are protected from true legal action.

Their actions here in my country have and do create poverty, restrict health care, and make criminals of innocent people that attempt to better themselves. How this happens is when an injured person attempts to take control of their own life, files are manipulated by rewording, false statements and even as far as holding back monies and preventing that person from collecting assistance from other Government services in order to feed and house their families:

Sample of situation; a man’s benefits are 100% withheld due to monies claimed to be owed to this organization, he then goes to Social Services of his Province for assistance for his family. The organization then contacts the Social Services department, advising them of monies being received by him from their organization. The man is then faced with fraud investigation, however the amount that the organization claims to be paying him is still less then what it costs to live. Come taxation time when taxes are due, the official statement from this organization to the revenue service of my country is +/- 10% of the amount that they claimed was being paid when they contacted the Social Services.

The money that this organization claimed that this man owes is due to their fraud investigation, which was started after the man requested a financial review of his benefits. The financial review was requested due to misleading document information and monies that were redirected by the organization. All this information has been placed in the hands of those politically in charge (over the course of 10 years), to this day there has been no investigation, no comments or any interest in doing so. The Provincial Government of who is to be in charge of this organization claimed their hands were tied due to political legislation, so the next step was to approach our Federal Government as their stance on this behavior is world famous via the United Nations, only to be redirected to another agency or back to the Provincial level. Even the human rights community is aware of what is happening here, yet nothing is done.

The corruption in this organization is at a world class level, is world wide associated and yet promotes itself as individual and independent to each province or state.

The man mentioned here is just one of thousands in Canada that is receiving the same or similar treatment by the Workers Compensation Boards, with no intervention by the Government that is there to protect them; in fact the Government allows this to happen by increasing the powers of the WCB and removing rights of the injured worker.



Thank you for reading this letter

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