Wednesday, July 8, 2009

An Apology and advice to the Alberta Government

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My main complaint was the double dipping into the finances that was claimed I owed to their department and that when I originally made these accusations, it was due to T-5 tax statements made by the WCB of Alberta for the years of 2003 and 2008, both to the extremes, 2003 claimed I made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

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Thursday, April 9, 2009

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.

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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.

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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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