Start Date: Dec 3rd 2008
We the undersigned
request amendments to Canadian Law to protect the citizens of Canada,
from poverty and financial crisis, caused by the negligent procedures
of the Provincial Workers Compensation Boards.
We the
undersigned demand that all workers in Canada receive retroactive
payments and full reinstatement of benefits until a consensus has been
reached as submitted in the policy posted below.
The Workers
Compensation Boards must establish a policy that a Medical Advisor,
when used, must reach agreement with the attending physician on
matters of diagnosis, treatment plans, and on whether the injury
prevents a return to work or modified duties.
Presently the
workers compensation medical advisor does not need to be a doctor, or
need to be governed by the Collage of Physicians and Surgeons.
Presently the claims adjudicator may ignore the findings of their own
medical advisor, and take action that results in a denial of claim.
That it shall be written into law, that any efforts to sway the
opinion of medical practitioners, by way of threats to their medical
careers will be a criminal offence. Note: As of the date of this
writing, doctors live under the threat of reprisal by the workers
compensation boards. This has in effect turned medical evidence
prejudicially in favor of a denial of a claim. Presently Compensation
Board Medical opinions are made mostly without ever seeing the injured
worker in person. (This practice is medically unacceptable and immoral
however it is expedient if the objective is denial.)
Where
consensus or agreement cannot be reached, an independent three member
medical panel must assess the injured worker, in person, and their
opinion will be final. The College of Physicians and Surgeons and the
Canadian Medical Associations must be included in the process of
setting up approved lists of physicians and specialists. The approved
lists shall not include those working for the Workers Compensation
Board, due to a conflict of interest, to obtain lower operating costs.
An injured worker's benefits may not be terminated until
conflict in medical opinion is resolved.
We the
undersigned, demand that all workers compensation claimants, having
been found by way of appeal, or court actions, to be eligible for
compensation, also be permitted to claim all losses incurred as a
direct result of the termination of their benefits by the Workers
Compensation Board. All losses, shall be determined by a regular court
of law, should there be a dispute by the Workers Compensation Board or
its Boards of Appeal. These losses by definition will be inclusive of,
family homes, automobiles, and all personal properties. That all legal
costs incurred to reinstate Compensation benefits be covered by the
Compensation Boards. Presently the cost of getting justice is 100% at
the expense of injured workers.
We the undersigned demand that
Workers Compensation Boards be required to maintain Employer Pension
Plans, as part of the lost earnings of the injured worker, on both
long term and permanently disabled workers.
We the undersigned
also demand that should an injured worker be deemed disabled and
unemployable by the Canada Pension Plan, or by the Supreme Court of
Appeals that the Workers Compensation Board adhere to the finding.
Presently you can be fully disabled from being employable under a
decision by the Supreme Court of Appeals or CPP and the Compensation
Board has the right to say you are employable. This practice must be
brought to justice immediately, there is only one definition of
unemployable. Either you are, or you are not employable.
We the
undersigned object to the use of opiod drugs as a means of avoiding
the duty to compensate injured workers, putting at risk the life of
the injured worker, as well as the lives of those around them. This
practice must be halted immediately.
We the undersigned
find that if the above amendments cannot be included in the Workers
Compensation Acts, that in its place the injured workers should
immediately be given the right to sue for injury damages. This would
include the right to sue for all injuries received from the date the
Workers Compensation Act was brought into legislation.
We the
undersigned believe that the legislation brought about under the
Meredith Agreement, has been so undermined that it is no longer giving
injured workers any protection at all. That workers compensation
policy today has become an insurance policy to insure denial of
legitimate claims, for the benefit of large corporations, and both
federal and provincial governments. These are namely the largest
employers in Canada and the main benifactors of this abusive system.
Injured workers have been suffering severe financial losses as a
direct result of compensation claims, due to willful negligence by
Canadian Workers Compensation Boards. The practice of Dereliction of
Duty to injured workers has become the primary method of reducing
claims costs for employers.
We define injured workers in
Canada as workers with long term or permanent disabilities. Injured
Workers with long term or permanent disabilities are presently
excluded from the protection of the law, that protect all other
persons in Canada with long term or permanent disabilities (not
covered by workers compensation).
Canadian Law needs to be
amended to insure that injured workers are not excluded charter rights
and freedoms, simply because they fall under the jurisdiction of
Workers Compensation Law.
Injured Workers across Canada thank you for your support. |