Alec Caldwell
The sorry tale of yet another legitimate WSIB claimant denied benefits
Canadian Contractor Permits & Legal Liability riskWith David Marshall being re-appointed to another two years as CEO of Ontario’s WSIB, various public servant heavyweights have chimed in with praise for the man’s work in whittling down the agency’s unfunded liability. At $14.2 billion in 2012, it’s now apparently closer to $9-billion. That’s quite a turnaround.
Great news and responsible fiscal management, right?
Well, how you feel about the WSIB’s spending decreases depends on whether you are on the receiving end of a $400,000 bonus for effecting them, as David Marshall is, or whether you’re an injured worker who has been denied benefits.
Payouts to injured workers by the WSIB went down by $700-million between 2009 and 2013 – from $3.2-billion to $2.5-billion. The vast number of stories of workers being kicked off of apparently fully-legitimate benefits are all over the media, all over the web, all over the industry.
We all know that some people abuse welfare. We know that, sometimes, the WSIB gets fraudulent applicants. But the sheer volume of workers denied WSIB benefits these days seems to be a tragedy in the making.
Let’s just talk about one case. His name is Chris.
Chris is a dad of three young boys. Recently, I stood next to Chris as he watched his three young lads toboggan with his wife. It was clearly evident – from his cane and his difficulty moving around – why Chris wasn’t joining in. I asked him about his injury – his life-changing moment.
It was this. While unloading steel beams off a semi trailer in 2013, a beam swung around and hit Chrism on the head, knocking him flying off the trailer, onto the ground and into a coma for 3 to 4 days.
Chris sustained back and pelvic injuries and, worse still, he lost his memory. He had to be told, “Your name is Chris.”
“This, Chris, is your wife. These, Chris, are your boys.”
Can you imagine this situation? Chris’s memory is still missing in action and his oldest son is now under therapy, possibly partly due to the new version of his dad that lives at home.
I proceeded to offer Chris the optimistic statement: “At least WSIB is looking after you, I would expect?”
Chris swept his arm across the sky and almost spat: “Those b……s cut my benefits off!”
WSIB deemed Chris fit to carry out modified duties, meaning the company had to take him back and give him a special job.
How do you think that worked out for the company?
How do you think that worked out for Chris?
How do you think that worked out for the WSIB?
Well, one of the above parties got precisely what it needed.
I will let you guess which one of them it was.
Chris’s medical diagnosis is Post Traumatic Stress Disorder (PTSD).
Here’s what the Canadian Mental Health Association says about PTSD.
Causes intrusive symptoms such as re-experiencing the traumatic event. Many people have vivid nightmares, flashbacks, or thoughts of the event that seem to come from nowhere.
Can make people feel very nervous or ‘on edge’ all the time. Many feel startled very easily, have a hard time concentrating, feel irritable, or have problems sleeping well. They may often feel like something terrible is about to happen, even when they are safe. Some people feel very numb and detached. They may feel like things around them aren’t real, feel disconnected from their body or thoughts, or have a hard time feeling emotions.
It seems in the claim process, WSIB use doctors who are aligned with them in order to adjudicate claims, especially when it comes to long term ones. If these doctors feel claimants are fit to return to lighter or modified duties, these workers are then forced back to work and off claim.
My question is: should a claimant not be allowed their own independent doctor who isre not tied to the purse strings of WSIB? Maybe doctors who also carry the same qualifications as these WSIB doctors? Do claimants not deserve an independent opinion? Why should they have to accept doctors who are not working at arm’s length from WSIB? I personally believe the present system is flawed and heavily favors WSIB at claim time.
Have any reader experienced WSIB claims or knows of others who were denied claims? Let’s talk about the good, the bad and the ugly of WSIB.
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Hi Alec,
Do you know if there are statistics available,to compare claims rejected or modified back to work programs for Unions and Private Industry.I suggest this question may have an interesting response.
My brother was denied and is about to appeal it, not sure how he will make out. A few years ago he had a back injury at work damaged one of the L vertebrae, pain down right leg, on comp for short term, back to work. Two years later the same vertebrae (doctor verified) is causing a pain down the left leg, WSIB says not from the same accident. But it is the same disc just pinching a nerve on the other side. I hope it goes well but I am not confident as I would like.
Hi Michael…Good question and a good idea to dig a little further.
This sudden drop in billion’s of debt was NOT caused in my opinion by the mandatory WSIB premiums self employed people wereforced to pay under Bill119.
Cutting off claiments and denying their benefit payments in my opinion is what WSIB is upto and the main contributor.
Cutting people off who can’t fight back individually themselves. How can you fight back against such a powerfull organization and who it seems have doctors in their back pocket.
We need to dig more on this and get answers.
Hi LJ…Its a terrible situation your brother finds himself in. The system seems stacked against him and WSIB carries the power to control people’s lifes.
Its not that your brother does not deserve it. To me it’s all about WSIB driving down claims, to reduce their billions of debt.
Thats why this David Marshall was brought in. Not to be a good guy, but to come up with ways and ideas. Some BIG bonus he gets for closing down claims and many legitimate ones.
He does not have to worry how to pay his personel monthly expences.
WSIB is putting stress on claiments and their whole family. Everyone gets effected, but not Marshall and his cronies.
If your brother gets denied, then maybe he should get himself in front of his own qualified doctor/specialists, who are equaly qualified or better than WSIB’s and once armed, return with this new amo. This might be hard to dispute by WSIB in my opinion.
Please let us know how this works out for your brother. You can let us know here or to me directly at alec@carahs.org.
Good luck to your brother and hopefully WSIB gives him the break.
Is there others out there like your brother who have been denied. Tell us and lets grow a movement against WSIB and their current policies.
i have a good one to tell you.. just googla cassens transport in london ontario..go back a couple pages to 2012 2010. this company is a beauty..organized crime..convicted in the states of 13 acts of conspiring with doctors..under the R.I.C.O. ACT. guess that’s how a guy with no back problems ends up with multiple herniated disc’s and a moved sacrum pinched nerves in his lower back and despite calling to report an injury, then going straight to the doctor from work doesn’t even have a reported life ending back injury..welcome to canada.
I am a victim of the cuts. Paramedic for 17 years. Wsib Benifits for the first 4+years. A letter saying I am permanently unemployable, handicapped for life and thus Benifits until 65. (Letter from WSIB) Then along came an opportunity for someone… (Not me) to make a 400K bonus and they decided to change their mind. They asked their doctor who had never met me to review my file. He decided that my broken back was just a strain so my entire claim was cancelled. I have plenty of opinions to share about WSIB and how to fix what is broken. I will know the final disposition of my appeal within 90 days. Fingers crossed. My family has lost so much and almost lost me because of this. Feel free to contact me for my honest opinion.
2006 i had a at work accident I did Low rise for a builder in Toronto the builder is a 200.000.000 dolor a year companies or more I’m sure. I was out side of a block of units of 6 in a block building 500 units. a welder caught a wood beam on fire of a freshly framed unit and i could smell it out front of the unit. I was in Fear of the work site going up in flames and i RAN in and up the stairs looking for a fire.
Well the Framers had negligently installed the stairs incorrectly and there was not enough head room to clear the upstairs landing. Needless to say my hard hat caught the landing and compressed my neck spine and knocked me down the stairs. I was the top Handyman there doing everything even saving the suppers jobs due to their lack of knowledge and attention to detail. It was witnessed by the head laborer and he helped me to my feet after being stunned and knocked out. i told them i had a electrical feeling from my neck to my middle waste and a major head ack. they took seven days or more to finally report it to wsib. and that was only after the companies doctors told them i was severely hurt and i should be resting at home and not working, but the company kept me working on light duties and wsib said if i refused to do light duties i will be uncooperative and cut off and fired from my job for 9 months i worked after the injury damaging myself even more, even with taking 300 percocets and many other meds a month just to try to deal with the pain and injury antidepressants and more. I was told to go home one night after work and not return, i asked for a letter stating why.
Apparently they wanted me to be cleared by the doctors before i returned they were concerned about the dizzy spells and blackouts i was having and i was not to return till the doctors said i was ok to return. so wsib paid me for 6 months. but before that i was making 1000.00 to 1500.00 clear after taxes a week back in 2006 wsib said that 1 year of work history was not enough to set the amount i would receive, they said they had to go back 3 years to see if i had been laid off or if it was seasonal. Well to their surprise i was not out of work for the 3 years that they looked into and the found i had 12000.00 Banked over time hours in reserve
Need i say they were not happy with their findings. SO! in 2006 i received a letter saying i will receive X amount till i was 65 considering as i was deemed 51% total body impaired, and my doctors wouldn’t clear me and deemed me a danger to myself and others on the work site and i would not be able to return to any type of work. SO! Then My doctor went on Vacation and i received a phone call from my Case worker telling me i have a back to work meeting. The following week and they wanted a letter stating im unable to return to work and if i cant produce one im to return to work. I replied (But my doctor is on Vacation and i wont be able to see him for 3 to 4 weeks) she replied that if i don’t show up to the back to work meeting i will be considered to be uncooperative and my benefits will be cut off. So i went to the meeting, and as i thought they ambushed me they said i would have to return to work and sit at a desk and answer phones and photocopy and drive to various work sites. I replied that i don’t think it will be a good idea to do that job ( I did not in anyway refuse the job) I told them i have received NO Treatment for my injury and i am having trouble controlling my arms turning my head and the pain was unbearable most of the time. So the Back to work Specialist looked at the 6 types of Medications i was on and told me that there was nothing here preventing me from returning to work. she said the 300 percocets were only tylonal 3 strength and she clears me for being able to drive across The GTA (the police told me if i got in an accident and was found with the medication in my system i would be charged with a DUI and if anyone was hurt i would be libel and charged accordingly to the Crime) So i ASKED them if i could have a few weeks till my doctor returned from Vacation so i could be cleared to do this job. She said no she didn’t care what the doctor had to say she was god and what she says goes and that’s final. I even Begged the VP of the companie to help me, “He looked right at me a laughed and said why would I im getting what i want ” i worked for them Loyally and they came to me and asked me to quit the company i was working for to go work for them and i get this in return
(Love were you LIVE)
just don’t work for them as now i am now on welfare and live in poverty So all you people thinking your not paying for us and wsib is paying and fulfilling their obligations, you have a rude awakening.
I lost everything after working like a Real man and bringing my family a decent life and now !!! my life is only worth a bullet that i cant afford to buy, there is so much i left out Some Main points that i just don’t have the tolerance to sit in this pain to type out. but now i’m just a piece of garbage worthless and a hindrance on my Family and all you Uninjured people think its not your problem … that’s funny the only people making money or who are abusing wsib are the politicians and the workers at wsib they are killing and murdering the injured workers and their families but you all think this is ok I hope it happens to you all and then you ll be in our shoes
I believe I am a victim of abuse since dealing with WSIB. It started in 1987 when a machine with no guards on it caught the end of my work boot and sucked my foot into a small gap crushing the steel toe of the boot and my foot. I ended up with two small toes sewn back on the foot and the middle toe amputated. Over the years I have had 14 reconstructive surgeries. On numerous occasions I have reported to my doctors and WSIB that my right leg gives out and I fall. In 2014 my leg gave out and I fell off the porch, approximately 2.5-3 feet. I landed wrong and broke my ankle. In 2015 the surgeon and I decided the only thing that could be done to get me mobile and without extreme chronic pain. I have been dealing with WSIB for 27 years and I am not getting anywhere quickly. Since my accident happened before 1990 I deal with a different system. What I do not understand is how WSIB when it is beneficial to them to use the new system they use , and when it is beneficial to them to use the old system that is the one they use. Apparently they changed the old system because it discriminated against the worker. How can they still use it for anyone if it discriminates against anyone? Is discrimination not against the law. I have pretty much lost everything and can barely afford to live. When my wife and I bought our house the mortgage and all bills were only to take my paycheck into account to pay for these, now my wife has to work full time and we are still really struggling to make ends nearly meet. Something must be done about this organization who is only lining their own pockets. They get all the money and injured workers do all the suffering for them. One other thing nobody ever informed me I could refuse WSIB and deal with the company myself with a lawyer. I also was never informed that the company health and life insurance policy that I paid for should have paid me a lump sum for the missing toe. I will never give up my fight against WSIB because I have in writing that they were supposed to do certain things and did not do them. Not only would I like to have some of my wages made up Iwould like it to be fair and take into account what I have done and tried to do to get back to work. Does WSIB really think this sitting at home in pain is what I want to do?Now WSIB is keeping me waiting while they make the decision of paying for my prosthetic or not. Signed Confused ,Upset, and Depressed.
To those above which are apparently in trouble with the Worse Services In Benefices or WSIB, seems like you lost a lot, but one thing apparently you did not lose; fear, if you have fear to fight these parasites, they win all the time.
These days, we the people have the best tools to fight these crooks, using all sources of media communications, spread it far and wide.
Occupy the front doors of these places, if the need arise, and also every parasitic agency money grab created by the Liberals at Queen Park, which are many.
Queens Park alone looks more like a place out of control, leaving the impression of using legislation just to serve their cronies. All in the cost of the tax payers, called patronage.
The Liberal mess, seems not to end anytime soon, miss bla bla, seems in hot water because the issue of the new nominee at her cabinet, involved under investigation for fraud, in the north Ontario, serves the Liberal right, fraudulent poles attraction, who new miss bla bla, go so far for this. Should sorry sorry, be the mantra again.
Apparently the people of Ontario need to wake up in mass, the sooner the better, clean the mess, we all have been exposed, like a exploitation camp, for the benefit of a few.
Fear will not survive when there is love and compassion for one another, those using fear and trickery to attain their gains, only doing so because aren’t humans, only robots taking orders from another parasitic robots, destroying themselves in the end by their self elusion.
I really appreciate your heart felt responses to my article and in everyone here sharing their real stories and how WSIB have failed them.
Its a terrible situation that WSIB are allowed to get away with this crime and shatter many claimants and their families lives. Its bad enough to receive a life changing injury, causing long term disability and to find WSIB dumps their responsibility in order to reduce their debt and their CEO is receiving fistfuls of dollars in income yearly, as bonus to boot.
I received a call this week from one such claimant denied a claim. She lost her car, her credit rating, here health declined due to post traumatic stress and last November suffered a heart attack. At age 39 can this be normal or is it the situation WSIB put her in.
She suggested people link up at:
https://www.facebook.com/ONIWGNETWORK
I’d love to see banners and hundreds of people outside WSIB’s doors protesting their bad treatment. Maybe the media will finally pick this up and expose WSIB’s tactics
For a few months my husband worked for a subcontractor who retrofitted homes through WSIB. Some of the people he did work for told him they waited 8 years or more to have their claim settled and get there benefits. One day he came home and told me he saw the invoice for a bathroom reno he did for the WSIB. The vanity, toilet, and other fixtures were reused. He said at most the bathroom should have cost $5,000.00 to retrofit. The invoice for the WSIB was $27,000.00!!! He said he couldn’t believe it. There is no reason for this. This agency needs to be investigated.
I think you stumbled upon something very interesting. Did you send this to the RCMP? Did your husband get a picture of the invoice?
Sadly, David Marshall’s mandate to exterminate injured workers is condoned by the Ontario government as in the end, compensating injured workers would be detrimental to the tax trough.
As destitute people have no power, this murder for money scheme
cannot be stopped.
2 years of cronic pain and major depression. Atempted suicide twice. Feel like dying every day. Wsib has done nothing but push me to the edge of death. And have no problem pulling the trigger. Bullies are still running the show. WTF????
Please reply stand with me Reinstate Claim # (21350817) at Kathleen Wyne email – https://correspondence.premier.gov.on.ca/en/feedback/default.aspx thx
I have been waiting 8 YEARS?! For an insurance (WSIB) that I paid into from day one. I was a hard worker and paid my dues, but because of someone else’s negligence I am made to endure the unaccountability and not be compensated for their actions at my expense? WSIB is not being used today like it was setup for. With no accountability from the government services. And a huge surplus at my expense… and everyone like me ;-( I am so sad, disillusioned.
I am continually made to relive my nightmare and be humiliated, and bullied by all the strangers of different medical professions I was sent to see. WSIB disregarded all information and continue to drag me on and on through time. I feel victimized not knowing where I would sleep or eat or get my medications? For a very unhealthy length of time and now the effects of living in LIMBO have made me mentally unstable, panicking when I go out because of the high anxiety I now have, that WSIB has inflicted continuously creating an unstable environment for me and persons like me. Forcing me to live an unstable, unhealthy life. having so many repercussions on my mind and body that the physical toll has been extreme, and irreversible. This needs to stop now.
Its very obvious that the WSIB gives claimants PTSD.
Yet another preposterous statement from a WSIB adjudicator:
In 91 I suffered a torn ACL in a fall (contractor convicted). After half a lifetime of pain, surgeries, physio, financial ruin etc. a knee replacement seems imminent. The vermin at WSIB stated that I will not be covered as the condition is not related to my injury but because I am sixty. I am meeting with a surgeon next week for an assessment next week but as he is not on the WSIB bribery list I am sure his diagnosis will be dismissed as quackery.
Duh
I guess those wsib agents forget that people age with their injuries and as time goes by old age makes injuries hurt even more. Thats a fact of life they cant dispute so I would suggest you find a lawyer to go after the wsib on this one because its ludicrous.
try that waxman dude on the radio commercials. maybe he wants to help or is that only for private insurance companies and he is not willing to fight the WSIB. The one that doesnt have time to go to the cottage on the weekend as he is busy helping sick or injured workers get what they deserve.
The wsib hires ex rcmp to investigate claimants. The question is are these ex rcmp agents using unethical spying techniques? Why would these rcmp agents leave the rcmp and go to work for the wsib-more money? and if this is the case perhaps thats why the deficit is so high including the exorbitant wages of the wsib (office) workers. Meanwhile its the injured workers suffering.
Hello my son had a bad accident in october 2011, he fel down on a ciment floor, fractured pelvis, back injuries and PTSD, the agent made him a promise off finding him a proper job because by that agent injuries and PTSD is in the head off the injured worker, they send him to a use part car and truck, not fit for him, greasy floor, no lights, and no heat, after the second placement agency they could find him a proper job so they cut him off, 70% for PTSD and mental and 13% for his injuries, last week he was send to a mental hospital for a week, and now he is worst then before, WSIB got no feeling for the injured workers off Ontario, you are not a human for them, the goverment dont want to change that system that is proken, the federal goverment should get involve because the Ontario goverment want do it
I was also diagnosed by more than psychiatrist and numerous psychologist with chronic, severe PTSD with anxiety and depression symptoms after a second a workplace injury. My first injury was a severe and permanent back injury with chronic pain. I tried very hard to return to work at a new employer despite the obstacles of my physical and psychological injuries. In addition to the list of symptoms presented in your article, PTSD also interferes with short term memory and a person’s ability to learn new work skills. I have filed a Human Rights complaint against WSIB that has been accepted since it seems none of our politicians care about the disabled. We haven’t even been able to get the Ontario Ombudsman office to listen to numerous members of our various Disabled Workers groups. WSIB forces businesses to pay premiums to WSIB, some businesses get these premiums rebated, and these rebates are likely paid to the large multi-national corporations who are supporters of government. The quantity of WSIB management on Ontario’s Sunshine list continues to grow to more than 400 people. WSIB was created to help the injured and the disabled workers with a hand up to rebuild their lives. Businesses were given the security of predictable payments for unpredictable workplace injuries and disabilities that occur. WSIB has instead denied legitimate benefits to 1000s of injured and disabled workers every day to instead create an investment fund that we believe very likely invests in the purchase of provincial bonds. Most businesses and most workers are being denied the WSIB that they were promised. In summary, this has been my experience despite overwhelming medical evidence from dozens of doctors that includes CAMH specialists that have determine I am medically disabled and unable to return to work at this time. PTSD is often a chronic and episodic injury that has good days and days of total disability so many times working in any workplace is impossible. This is the reality. According to WSIB though, a non-medical case manager has the ability through WSIBs NEW Discriminatory policy alone can DEEM a Disabled Worker well so then WSIB non-medical case manager can then DEEM a totally disable worker working some phantom job when they are unable to even function. Once a Disabled worker is DEEMED WELL, DEEMED working DEEMED Phantom wages are deducted from benefits paid to the disabled. WSIB has been deducting $1600.00 from my WSIB benefits despite being disabled. Then to add insult to injury WSIB counts these Disabled Persons as their success stories by implying these disabled worker who have been forced onto welfare are their successes based on cuts to their benefit. If the first cuts to a disabled worker’s benefits doesn’t wipe out their WSIB benefits then a non-medical case will DEEM a raise in the phantom wages that were already being deducted from their WSIB benefits. Health care and benefits are cut to these disabled workers and their families and these Canadians are kicked to the curb. How does this help the disabled and their families. These are your neighbours and customers of many small businesses that WSIB are deliberately forcing into bankruptcy, losing their homes and cars, wiping out their savings and has been causing thousands to commit suicide. This is reality today. WHY? WSIB earns bonuses to destroy the lives of the disabled.
WSIB, it is hard to deal with them, my son had a accident in 2011, fractured pelvis, back injuries, and PTSD, he fell down from a first floor to a cement floor in a dark basement, his boss decide not to call 911, my son had to climb a home maid later to get out of that dark basement, now no more WSIB just 57.00$ a week and 194.00$ from welfare
Wsib it’s the most corrupt organization in Canada I really hope they rot in hell
i agree
I sustained a work related injuries. I have severe pain in my hip and lower back, neck, shoulder and hand. I filed out all the relevant claim forms and so did my doctor. WSIB refused my claim of being off work for two weeks and physiotherapy as prescribed by my doctor. This is really frustrating. The CEO of WSIB and his cronies in the legislature are laughing all the way to the bank with the money the WSIB was supposed to give to the injured workers. Since WSIB is not serving the injured workers, why not abolish it and get rid of the CEO and the staff and maybe then they will come to their senses when they get injured and unable to work. It’s such a pity that our politicians are not doing anything about it when instead listening to their constituent they are ignoring the plight of injured workers.
Something many people do not know, is that WSIB does not have any doctors. Your medical goes to a team of case workers, who have no medical background whatsoever. These are young aged people that can easily manipulated by WSIB management, and will do whatever they are told. When these people are hired by WSIB, they must sign a consent form, that states they are not allowed under any circumstances to reveal any information, regarding the staff at WSIB or any injured worker who has applied at WSIB for benefits, or who may be receiving benefits.
The only people that oversee, audit or investigate the corruption and illegality and discrimination of the WSIB, is the WSIB themselves. In violation of our constitution and charter of rights, the WSIB is above the law. Basically, we are dealing with a type of mafia. Canadians are not treated equally under the law, which is entirely in violation of the Charter of rights and Freedoms.
There is only one solution to solving this problem, and it would indeed be successful, Until I have proof of who it is I am writing to, I will say no more. I love my wife, my kids and my grandchildren. Compensation in Ontario has been around for a hundred years and it has not been legitimate to date. There is an answer, there is just no commitment to the solution.
Well, hang on a second. There are a number of WSIB clinics and MDs therein. I personally know of many doctors who do WSIB work, from their independent practices. Not sure that WSIB relies on its medical information on people with “no medical background whatsoever.”
my issue is not as severe but I tore my PCL when I fell on a winter carpet that had a bubble. 5 months later it is still a grade 2-3 tear over 50%. WSIB says I can do my line of work Administrative and the fact they found degenerative arthritis when had the MRI that never hurt before the fall. but was there.
So now due to not needing a cane anymore they have taken me off WSIB.. But my knee is not healed. and there are things I can do but was basically told you would have issues no matter what due to arthritis. I feel how lucky for them that they found arthritis. sort of saves them.
Hello,
My girlfriend was injured at Starbucks by one of their signs that hangs on a cabinet. She works there and went into the cabinet as she regularly does and the sign suddenly fell on her face and broke her nose. Her nose was bleeding for more than 30 minutes and her assistant manager on duty was not trained in Health & Safety and did not know what to do. They kept her in the back room until her nose stopped bleeding and went back to work to finish her closing duties. The next day at the doctors the x-rays showed a broken nose. She came back from vacation and missed 2 weeks of work and the injury happened right after she came back and had to take another 2 weeks off. The WSIB is not fully paying her for her hours missed and saying it was her fault she decided to stay at work. She works about 30-40 hours per week and has bills to pay. She has been getting constant headaches and they put her on modified duties. After talking with WSIB she was trying to find a place to get physio done that is covered by WSIB and so she asked the WSIB worker where she could find this place and they told her to google it. She puts in 110% for Starbucks and now since this accident she doesn’t feel safe or comfortable working for them after the way she has been treated. Any advice on what she should do would be greatly appreciated.
I’m having the same problem with wsib. I believe they decline your claim when it’s blatantly obvious it’s a legitimate claim. I believe they do this to stress you out even more because it takes a lot of fighting when you maybe not mentally well enough to fight for yourself. I actually received a email obviously the wsib worker sent it to me by mistake. So I got to read another employee’s return to work plan. So much for confidentially. Who is holding them accountable.
I have been off work for one month. My FAF forms filled out by a doctor, state ‘not to return to work until further assessment’. Yet WSIB denied my claim to lost wages. Stating regardless of the ‘unable to return’ checked off, it is noted I can sit for 15 minutes. This is complete BS. I did what the doctor told me to do, and am now being punished by WSIB for doing so, an entire month of wages I am out on.
Many Veterans and Injured Workers in Canada are going Bankrupt, Homeless, in Poverty, On Social Assistance and Denied Medical Care
Some unfortunately, end up in Jail, or Commit Suicide and Murder.
Response from the Federal Government’s MP Colin Fraser is that it is a Provincial Matter- but they are going to make a Commitment to VETERANS.
The Workers’ Comp Systems benefit WCB/WSIB EMPLOYEES’, Employers’, Lawyers’, Government and least of all the Injured Workers’
.
WCB/WSIB was Created by the Federal Government – which they Forfeited Injured Workers Rights to Sue Employers, for Compensation and Medical Care for their injuries.
What was once the “Meredith Principles” which the WCB/WSIB were based on (in Canada), now reads like a Chapter of “Animal Farm”.
Basic Laws (Thin Skull Rule) have been stripped from the Injured Workers, and Government has bestowed the Rights of Injured Workers, upon themselves- for which they Fine and Sue Employers for Profit.
http://webcache.googleusercontent.com/search…
WCB/WSIB use their own Medical Advisors and Staff, – (some who have no expertise in the field of Medicine or law) to Deny Claims and Downplay Injuries, to FORCE Injured Workers Back to Work- which in many cases is against their Family Doctors and Independent Specialist’s Advice
thestar.com:
“A November report by the Ontario Federation of Labor and advocacy groups alleged the board was systematically disregarding the advice of injured workers’ own physicians in favor of so-called “paper doctors” — physicians who review medical evidence on a workers’ file without even meeting them. ”
https://www.thestar.com/…/wsib-stands-by-use-of-paper-docto…
Some Injured Workers experience Additional Injuries through their dealing with the WCB/WSIB. WCB/WSIB avoid paying Benefits by “Deeming” -saying there is suitable work available and that is your pretend job, yet- this does Not Employ Injured Workers; nor, does it pay the bills. WCB/WSIB considers an Injured Workers Income for benefits- and takes into account, that if Injured Workers’, were not working, they should not be entitled to income. Deeming with Pretend Jobs and Pretend Money Does not Pay Bills or put Food on the Table.
WCB/WSIB Employees get Big Bonuses to Keep Claims Lower for the Employers- and Employers get Lower Experience Ratings and Rebated from Investments made by the WCB/WSIB from the Employers Premiums, whom are the Sole Shareholders- In this Non Profit Organization.
https://www.canadiancontractor.ca/…/wsib-ontari…/1003274958/
Most Workers that are Permanently Injured fight Appeals, for Benefits and Medical Care, for YEARS with WCB/WSIB and most often they do not come- with the False Promise of Timely Payments for Work Injuries. Many others give up because the Appeals are Exhaustive and they do not get Proper and Adequate Representation.
The Workers’ Con Boards have FAILED MANY Permanently and Disabled Injured Workers around the World. There are many Permanently Disabled and Injured Workers and Veterans looking for Justice!
MPP Colin Fraser, was recently on the Radio Y-95 – Talk Show “The Weekender” (Jan/22/17), but would not address these issues (and I was disconnect TWICE and could not fully present all of this information)- and you suggested that I contact you in person; to Discuss my Personal Issues-However- this should be a PUBLIC ISSUE.
Many of these things I talk about like Lost Wages/ Health Care and Benefits for Injured Workers was supposed to be coved by Employers and the Premiums they pay – Under the WCB/WSIB SCHEME-and the “Meredith Principals- ” NOT THE PUBLIC”! The “Meredith Principles” stated the Injured Worker should not be a Burden on Society!
Every Injured Worker whom is on Social Assistance or Disability Pensions, or receives Health Care/Medical Attention and Medication and is not able to work from their Work Related Injuries; if it is not being coved by WCB/WSIB;- as it is supposed to be Covered by the W.C.B./W.S.I.B through Employer Premiums Paid is “FRAUD UPON the PUBLIC” . That was the “Historic Compromise” the Federal Government Legislated through “The Meredith Report” which WCB/WSIB was Created. Yet; sadly many Permanently and Disable Injured Workers, are being Mistreated and Denied Benefits and Medical Care through a BIAS and CORRUPT SYSTEM!
http://drkuntz.blogspot.ca/
The Nova Scotia LEGISLATURE:
“I also have here, under the Detrimental Reliance Act, estoppel, and I believe you are in the law department, sir? Yes. I think you will understand where I am coming from here. The meaning of estoppel is assertion of facts on which another relies, assumption of position, which if not maintained, will result in injustice to another, concealment of facts. Now it is obvious here today what Mr. Gillis had told you, on February 17, 1998, the final appeal was put through and the three member Nova Scotia Appeal Court threw it back to the compensation board and told them to pay the chronic pain. This is on February 17, 1998. On February 26, 1998, this gentleman was told that there was no chronic pain. Do you understand where I am getting here with the dates? This man was misrepresented. He was misled and there was an unjust done to this man, not only to him but to other injured workers who went to these ADR hearings. What you have to understand is that you put yourself in the position of an injured worker. Now you gentlemen come to this side. Come live with an injured worker for a day and see what he goes through. You have a gun to your head when you go into these ADR hearings. ”
“It is like a gentleman told me, he said it is like taking a rubber tube or a dinghy and putting it on the government wharf and having three holes in it. They are telling you to go and swim to the Joey Smallwood. If you make it to the Joey Smallwood with that rubber dinghy with the holes in it, then we will give you what you deserve but if you don’t want to take that chance, we will give you what we think we are going to give you. Do you think that is fair to the injured worker of Nova Scotia, especially when the banks are phoning. There are people in the institutions here, they are under that much distress and duress, it is unreal. Like the kids don’t have rubber boots to go to school with in the winter time. They go home, all they eat is Kraft Dinner and hot dogs. I mean do you think they deserve this? They do not deserve this and hopefully, gentlemen, that you people, actually I am begging here today on behalf of the injured workers of Cape Breton and of Nova Scotia, that you do something to help the injured workers. This is our last shot and our last hope, is you people. “…
http://www.ontla.on.ca/…/…/committee_transcripts_details.do…
Legislative Assembly of Ontario:
“The Canada pension plan was never meant to be a disability system, but injured workers apply for CPP disability because they have a three- or four-year wait before they can get an adverse decision overturned. Other agencies now have to bear the costs—taxpayers bear the costs—of these workplace injuries instead of having the employers, who are supposed to be paying these costs, paying them. So the taxpayers pay them.”
http://www.ontla.on.ca/…/…/committee_transcripts_details.do…
Some Permanently Injured and Disabled Workers do not apply for a Disability Pension as they are under the False Pretense by the WCB/WSIB that they will receive Workers Compensation Benefits- when after years of Appeals they are Denied these Just Benefits and the time has expired to apply for Canada Disability Pensions.
Colin Fraser has said the Provincial Government’s and Federal Government’s should work together-However; that was not his response to me during his On Air Interview. Colin Fraser, had shifted it to the Provincial Governments Responsibility. Yet; it was the Federal Government whom created WCB/WSIB and called it a “Separate Entity”.
The Federal Government had given WCB/WSIB “Exclusive Jurisdiction”, which means, In civil procedure, exclusive jurisdiction exists where one court has the power to adjudicate a case to the exclusion of all other courts. It is the opposite situation from concurrent jurisdiction (or non exclusive jurisdiction), in which more than one court may take jurisdiction over the case.
The Federal Government, has let the Provinces Change the Legislation Dramatically to benefit Employers, Government, Lawyers, and Least of all the Injured Workers!
These Issues have been discussed/debated and many studies have shown that the Injured Workers are not treated fairly!
http://nslegislature.ca/…/co…/committee_hansard/C18/wc980901
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Response from Dishonorable Minister of Labour and Advanced Education Labi Kousoulis:
Dear Mr. MacKay:
Thank you for your email correspondence dated February 25, 2018 relating to concerns with the Workers’ Compensation Board (WCB). As the Minister of Labour and Advanced Education, I am responsible for the WCB and have been asked to respond to your email.
It is unfortunate that your experience with the WCB has not been a positive one. As Minister, it is not appropriate for me to get involved in individual WCB claim matters, nor am I in a position to overturn a WCB decision.
I would encourage you, however, to contact the Workers’ Advisers Program to discuss your specific claim. A Worker Adviser will review your information and advise you of any options which may exist. The Workers’ Advisers Program can be reached at 1-800-774-4712.
Sincerely,
The Honourable Labi Kousoulis
______________________________________________________________
As was written in “The Meredith Report”:
“In these days of social and industrial unrest it is, in my judgment, of the gravest importance to the community that every proved injustice to any section or class resulting from bad or unfair laws should be promptly removed by the enactment of remedial legislation and I do not doubt that the country whose Legislature is quick to discern and prompt to remove injustice will enjoy, and that deservedly, the blessing of industrial peace and freedom from social unrest. Half measures which mitigate but do not remove injustice are, in my judgment, to be avoided. That the existing law inflicts injustice on the workingman is admitted by all. From that injustice he has long suffered, and it would, in my judgment, be the gravest mistake if questions as to the scope and character of the proposed remedial legislation were to be determined, not by a consideration of what is just to the workingman, but of what is the least he can be put off with; or if the Legislature were to be deterred from passing a law designed to do full justice owing to groundless fears that disaster to the industries of the Province would follow from the enactment of it. ”
All of which is respectfully submitted. W.R. MEREDITH, Commissioner.
Dated at Osgoode Hall, Toronto, the 31st day of October, 1913.
https://www.wcat.bc.ca/…/1913%20Meredith%20Report%20(Comple…
ACCOUNTABILITY And FAIRNESS should be ADDRESSED at the TOP- Would you not agree?
https://www.facebook.com/groups/110338662763574/
Had accident in 2008 , construction accident The company I worked for fired me in 2010 I won the case for worn full dismissed Told WSIB and response was to bad has nothing to do with us In2010 they say I was sent a form to fill out and send back. I never received said letter so now I have to appeal again, they say to much time has passed .I asked why that letter was not sent registered. They said we don’t do that. Where is the justice!!!
my husband was granted his claim in august 2017 for PDS have we had any money no they are stalling i hate them and agree i hope they rot in hell they are the worse of the worse
I am a 48 yr old energetic male, married with a six yr old son with a business management, Applied Counseling education and a class 1 truck driving license for over 22 yrs. I have been actively employed since I was 16 yrs old.
On September 29th 2016 after finishing loading my truck in Calgary, Alberta to return to Winnipeg, Manitoba the next day I had a bad accident.
The accident was a result of not using a safety basket to lower me down off a semi-trailer.
I was working up on top of a tractor trailer and needed a lift to bring me down to the ground. The companies safety representative arrived on his forklift with a pallet to lower me down. As the forklift driver was pulling away from the top of the trailer with me on the pallet. The pallet broke and I fell to the ground. I broke enough of my body that without emergency surgery would of killed me.
Just finished my 5th surgery since the accident, I ‘ve had over 230 staples used to close the inscisions and have been in a wheelchair for a good portion of time since the accident.
Four months after my accident I was still in a lot of pain daily, using lots of pain meds and couldn’t walk very well. Even though this was how I felt I was told that I was fine and I was being directed back to work. The first case manager told me that “every decision I make will have a consequence”, warning me that if I go against the WCB that I will be the one that loses.
I learned afterwards that the physiotherapist sent in a report that stated I was fine for light duties even though I was told by all three doctors overseeing my recovery that I wasn’t fine to return to work because of my unstable pelvic bone and broken hip.
I received a letter that I was to attend a meeting at my place of employment and that I had to attend. At the meeting my employer blamed me for the accident and told me I should feel bad because of how I made the other employees feel that seen me fall. This was said to me in front of the WCB case manager and a friend of mine that just happened to be a lawyer! I told them I wasn’t doing well but they told me if I don’t follow the back to work plan I would be cut off. This caused me lots of anxiety and despite how I felt I was forced back to work with a broken hip, unstable pelvic bone and a broken shoulder that was still considerably sore even though it had healed a fair amount.
I was provided janitorial duties, stocking shelves and various other undesirable duties that I never did prior to my fall and I was told that if I didn’t like it to quit.
The WCB case worker said to me that “I looked fine” and shouldn’t be such a “wimp”. ” Your a big guy “the sooner you stop thinking about it, the sooner I will get better”. Well I returned to work because I was in fear of being cut-off
For the next month and a half after returning to work I continued to be threatened by the WCB for calling them and reporting how I was feeling. I also wasn’t receiving any funds from them and was falling behind in my bills. Even though I was not earning the same amount of money because I worked lots of overtime prior to the accident and couldn’t anymore. I was not paid full benefits from WCB for almost three months and than told my income wasn’t based on overtime and that overtime was a privilege according to my employer. My employer told me that I was just milking it and that I was very difficult to manage because of my behavior.
When I told them how I was feeling they told me to stop complaining. The WCB case manager lied in a report stating I said, “the work was below me”, and that was the main reason why I didn’t want to return. I was told by my employer that I was expected to be at regular duties in two weeks and that if I didn’t start to listen I would be disciplined.
At that point I stopped my return to work plan on my own and was cut off my benefits almost totally.
I could not return because of how I was feeling. The WCB worker called me on my phone while I was driving. My blue tooth auto answered and she began screaming at me in front of my wife and four year old, threatening to cut me off, if you don’t go back to work!”
Jumping up to present day. My employer has been charged with 19 charges that fall under the Health and Safety Act in Alberta.
I was asked to attend as a witness if the company pleads not guilty. The company has not spoken to me despite a number of attempts to contact them on the past year.
My six year old keeps asking me when I am going to get better and I am barely hanging on to my home. My wife is stressed to the point of how much things have changed in are lives and more so what is to come for us as a family. I am still recovering. I have been off work for the past two and half years and have lost a lot of income and credit. I am afraid for the future for what I will be doing and how will I support myself and family.
If interested I will fill you in on the rest as there is a lot more…My story isn’t over but I wonder often if I would have been better off to have died well my family anyway. I was insured before…my home would have been paid and the insurance money would have given my wife and boy enough money to support themselves through to a better life. Now they are stuck with me.
My workplace injury: It occurred in April 1994 and I still hurt everyday from this. My range of motion has changed but not enough for WCB of Manitoba to warrant. [disability]
1,000lb crate of glass landed on me, pinning me to the floor of a semi trailer. 8 people to lift it, 1 person to drag me out. I am lucky to be alive, also lucky to be walking. The crate was approx. 7’h X 8″w X 12’L, I was told that the signs being moved out of the dry van were 300-500lbs [Plastic Petro Canada Neon Signs] This last one, just over a 1,000lbs, moved away from the wall [it was not strapped against the wall] I was leaning towards it, as I was told to hold it in place. This crate drove me into the floor, dislocated my pelvis, amongst other numerous injuries. Took 3 months to learn to walk, lost over 30lbs [I weight 160] Still suffer to this day, as I get older [50’s now] it’s getting worse. I have way more details on this, but I just get way to worked up for this.
I was injured on the job in 2014. I have seen 19 doctors, 10 phyisotheripist, spent 3 years in rehab . I went to monkey school was offered a security guard or costumer service. I was not in shape to do no job. I have use of 1 arm and have CRPS type 2 had surgery to save my hand from being amputated. I was just wondering can WSIB be sued for bullying ? I just received a call that I have to o back into the WTP . I also applied for my CPP and was notified within 2 months I qualified and recieved that also..
Seem we have a problem with what I call greed and the fact money is the issue. What about the government side they were thinking hay lets make money off the injuried worker as we have nothing too loose most of it will help pay for our fat penions and no one cares about some unskilled labourer. But now its more like thousands . Wow screw them all ,cut benifits if they have kids maybe they can screw the politicans we can hope revange is served too them.
Thank you for great story. I have seen WCB’s neglect as well. I have injured my back multiple times. As a journeyman plumber and a journeyman gasfitter my job is to lift extremely heavy things all day every day… and constantly be hunched over something to work. So now my back is so bad that I can barely stand or walk. I have not been able to receive an MRI in Alberta because the waiting list is so long, they said because of my age (35) that I wouldn’t make the list.
So after 13 years of plumbing and nine out of nine WCB claims denied, I now see that it is not safe to work a physical job in Canada. And Alberta most of all because of the immoral bonuses given to companies for claims suppression. I have now sold my house and bought a trailer and moved to B.C., where I was able to get on the MRI list on my fist visit. I think Alberta healthcare and WCB are both causing Canadians extreme suffering. I have not worked in a year and my back is still worse than ever, so they can’t say my pain is from something I did recently at work.
I do not receive WCB, EI or any other income support. I am just living off the money from the sale of my house. I believe that WCB is a big cause of Canada’s skilled trades shortage, as I know many other journeymen that weren’t able to make it to retirement due to injuries.
The last job I had was at a big commercial site. They had a “safety” person on site, whose job is to discredit your injuries and prevent you from going to the hospital and prevent WCB claims from being made. I have come to see that WCB policy changes made in the early 2000s have benefited companies at great cost to their employees’ health. The CEO of WCB in Alberta makes $900,000 a year and the other board members are making $500,000-$600,000 per year, so it is obvious where the money goes and why they deny all injuries.
The shortage of skilled trades in Canada is well deserved. Until WCB is reformed it is not safe to work a physical job. For this reason I will try to discourage as many young people I can from joining the trades. I believe it was the biggest mistake of my life. At 35 years old, my quality of life is terrible due to constant, extreme pain and weakness in my back.
I have now quit the plumbing and gas fitting trade to pursue work from home opportunities such as art and print on demand.
I think when Canada becomes desperate for trades people, WCB policies may change. Until they do I refuse to work as a red seal journeyman plumber and a journeyman gasfitter. It’s kind of hard going from making $80,000 to $0 per year, but unlike the man in this story, I decided at a young age to never have kids. And that has made my life much easier. My spouse and I made over $160,000 per year and never felt like we could afford to have kids.
All of my denied WCB claims foreshadowed a future where I would not be working and not receiving income support. I’m so very glad to not have kids and be chained to a job. The WCB and Alberta healthcare systems are broken and only provide a lifetime of suffering.
I feel for Chris and his family. You are not alone.