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Workers Compensation Board's Of Canada

Petition to the Government of Canada

Conflicting Medical Opinion

 

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.

 
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