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Letter To Political Master In Ottawa Canada We are looking for a public inquiry

#1 User is offline   Wayne Coady 

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Posted 09 January 2005 - 03:30 PM

January 5, 2005

David Emerson, Minister of Industry
2148 Kingsway
Vancouver, BC
V5N 2T5
Fax: 604.775.6284
Email: [email protected]

Mr. Emerson,

Injured workers across Canada have been denied fair compensation by provincial Workers Compensation Boards and have been forced through obscene delays, unnecessary repeated assessments and outright denials in contradiction to all available medical evidence.. Across Canada, injured workers are losing homes, going bankrupt and committing suicide because of denial of adequate compensation. Families are suffering.

Workers Compensation is not welfare. It is a contractual agreement with employers. In an agreement called the “Historic Compromise” of the early 1900s. Every Canadian employee gave up their right to sue their employer for workplace injury when Canadian workers traded off their right to sue their employers in exchange for a guarantee of prompt, non-adversarial, no-harassment compensation in the event of a workplace injury. Under this historical agreement, all employers were protected from expensive lawsuits and employees were guaranteed prompt and adequate compensation for workplace injuries. Yet across Canada today, this agreement is being routinely violated by WCB under the direction of the provinces.

Under this government-mandated, employer-funded WCB system, this contract has been systematically eroded to the point of amounting to government-sanctioned human rights abuse of injured workers. Injured workers are denied compensation and still are not permitted to sue their employers. This is a violation of natural justice against each and every working Canadian. When WCB denies medical care to an injured worker, the worker has no rights under the Canada Health Act which exempts injured workers from the right to access health care.

Injured workers have cited increasing instances of criminal and charter violations perpetrated against injured workers by provincial WCBs. WCBs, unilaterally and without justification, force injured workers off the system prematurely. Medical reports are routinely ignored or contradicted by non-medical WCB staff members. Occupational diseases and other long-term injuries are routinely discriminated against with claim denials because of the expense of these long-term injuries. There is a backlog of unresolved contentious cases across Canada. So-called ‘arms-length’ WCB Appeals Commissions have not resolved these issues at a provincial level.

Provinces are in a conflict of interest situation when they benefit politically from having low WCB fees for employers, which they use as political tools to attract business investment in their provinces. Meanwhile, provinces leave seriously injured workers to rely on other social safety nets such as family, food banks, welfare and federal disability programs. These programs and social safety nets are paying for the failure of the WCB system across Canada. Canadian workplace safety issues go uninvestigated and become worse, while provincial WCB boast falsely of ‘decreased workplace injuries’ which are really ‘decreased injury pay-outs’.

The Workers Compensation system in Canada has failed. WCB was put in place in the early 1900s before welfare, income tax, unemployment insurance, medicare, old age pensions and many other social systems. It is now time for the federal government to revisit, reclaim and reform the corrupted WCB system so that it addresses workplace needs into the 21st century.

The federal government having signed on to the North American Free Trade Agreement (NAFTA) and the Canada-Chile Free Trade Agreement (CCFTA), is required under these agreements to make sure that Canada provides compensation in the event of workplace accidents, including occupational illnesses in a fair and equitable manner. With-out unnecessary complications, unreasonable time limits and unwarranted delays, By ignoring the human rights abuses of injured workers in Canada, the Canadian government has failed to comply with the terms of the NAFTA agreement, specifically the NAFTA side agreement, the North American Agreement on Labor Cooperation (NAALC).

There is an injured worker crisis in Canada that amounts to widespread abuse of human rights. This abuse is known to the federal government and is being actively ignored by the Canadian government under the excuse of ‘workers compensation being a provincial issue’. The Canadian government is actively disregarding the human rights abuses perpetrated by the provinces and is defaulting on its responsibility to its citizens. I ask the federal government to address the abuse of injured workers in Canada and look into reforming the workers compensation system in Canada.

I call on the federal government to make effective workplace injury compensation a right of Canadian citizenship and simply bypass and make irrelevant the corrupted and obsolete provincial WCB systems Canada wide. All functions performed by provincial WCBs could be easily implemented by present federal agencies, which are already in place (such as Medical EI and CPP/Disability Pension). No new bureaucracies would need to be created and the expensive provincial systems would be rendered redundant. This will level the corporate playing field in the national marketplace and equalize injury compensation costs for a mobile workforce through out Canada. It will eliminate provincial bureaucracies, which waste money in adversarial claims denial processes and will decrease costs to business by implementing Canada-wide efficiencies.
The federal government has the power and responsibility to act unilaterally to protect injured Canadian citizens.


SIGN NAME HERE

Wayne Arthur Coady

Dartmouth. Nova Scotia. 902-434-9306


CC: To All Liberal Cabinet Ministers / Members of Parliament


References:
http://www.wcbcanada.com
http://www.cira-acri.ca/IIRA%20CIRA%20docs...n,%20Elaine.pdf
http://www.wcbsask.com/Forms_&_Publication...WorkersComp.pdf

The Meredith Principle:
In the early 1900s, Mr. Justice William Ralph Meredith defined the principle of workers’ compensation now known as the "Meredith Principle". Ontario first passed this into legislation and all provinces subsequently followed suit.

The "Meredith Principle" consists of five basic principles (all of which have been violated by the provinces):

1. No-fault: Workplace injuries are compensated regardless of fault (has been violated)
2. Collective liability: The sharing of risk by employers (other social systems assume the costs)
3. Security of payment: Injured workers are assured prompt compensation (has been violated)
4. Independent board: The board is independent of government or special interest groups (has been violated)
5. Exclusive jurisdiction: Claims are the exclusive jurisdiction of the board and are never subject to court action or compensation through the court (prompt compensation in exchange for waiving the right to sue) (has been violated)

The last principle is known as the "Historic Compromise":
- In exchange for a fair and speedy wage loss compensation system,
workers give up their right to sue employers for workplace injuries.
- In exchange for the protection from costly lawsuit and legal fees,
employers agree to fund the system.

(The historic compromise has been violated.) and all while union members sit on the Board of Directors.
-
http://www.wcb.yk.ca/fileadmin/user_upload...t_us/report.pdf

Please feel free to email me at [email protected]
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#2 User is offline   doppelganger 

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Posted 09 January 2005 - 09:03 PM

I agree with you IDB and that this letter could be sent to ACC minister with very little to change
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#3 Guest_IDB_*

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Posted 09 January 2005 - 10:44 PM

add this quote from south america poverty:

" We are already struggling and they corner us economically"
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#4 User is offline   Wayne Coady 

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  Posted 10 January 2005 - 01:37 PM

Hi all you good people down under, would you be able to answer me a few questions. Who sits on the Board of Directors of the WCB system in your country?

Here in Canada we have three business representatives, three union representatives, a government appointed Chairman and CEO. Now here in Canada all policies that affect the injured worker are passed by the Board, what I find shocking is that the Unions who are suppose to be true supporters of workers rights and an organization that upholds Human Rights would associate themselves with one of the worlds worst insurance providers. Don't you all find that strange?
and if unions are their to protect people like yourself and other injured workers,then why are we still trying to have this abusive system held accountable?

Myself being a Canadian, I would like to see our Federal Government hold a public inquiry and since every province in Canada has its own Human Rights Commission, that the Commissioner from every province sign on with the Federal Governments Human Rights Commissioner and all head the public inquiry commission looking into this abusive vial system we have in Canada.

I go one step further, isn't the Workers Compensation Act between two parties, and both are employers and injured? So, who is speaking for the injured workers who was terminated from the union because he / she could nolonger pay their union dues? I THINK THAT YOUR UNION AND MY UNION HAVE TAKEN US FOR A RIDE, WHAT DO YOU THINK?
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#5 User is offline   Wayne Coady 

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Posted 10 January 2005 - 02:38 PM

IDB, on Jan 9 2005, 08:28 PM, said:

claimants talking - why do ACC hold onto your money?

if acc pay claimants then the claimants have some means
to acquire tools to fight back at acc. food for thought.

also other insurance companies have recognised ACC's limitations whereby
sufficient remedies might not be available then the right to sue and pursue remedy ought to be available.....

I take it that ACC is a sister to our WCB? Here in Canada as long as you do not sign any paper work agreeing that you will let the WCB look after your loss wages due to your work place accident, you can sue the employer.

I have been speaking to some working people who are showing an interest in what I am saying. Lets face it, if the ACC or the WCB system put the screws to you lose your home, family and life style anyway. So what is the difference when it goes, at least if you can get the company into a courtroom you will be able to recover your losses if you win. Whereas if you lose all under the ACC or WCB system if you win your right to benefits, benefits is all you get, you do not get back your home and all others assets.

When you have been refused your ACC benefits for along period of thime, lets say two years and at the end you win your claim, do you only get back you lost benefits? So since you proved your injuries and won your benefits, and if you lost your home, car and credit because the system was proven wrong, why shouldn't you have the right to recover what they stole from you?

[email protected] your Canadian Friend
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#6 User is offline   Juscallin1 

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  Posted 10 January 2005 - 09:59 PM

Hi Wayne, nice to have your input but distressing to know there are more corrupt insurance systems in the world. Thought that Acc were bad enough but yours sounds disgusting as well.

Here in NZ, we cannot sue the person who caused our injury or the insurer for that matter.
Our right to sue was taken away by the introduction of the ACC law way back in 73/74. It is a "no fault system" with many faults!
If you are succesful you can claim back payments of compensation or other entitlements covered by the act, but sometimes you may have to wait years and take them back to court as well.!!
It certainly does not include your house or any other items you lost or financial loss etc.

We could claim "exemplary damages" but this is not used very often to my knowledge.

If the ACC do not like a court's judgement they will endeavour to change the law to suit themselves.
We have a very inept ACC minister in government. She is guided completely by her officials in the ACC Ratpack. It is impossible for anyone, even her constituents to get a meeting with her over ACC matters. She just does not want to know. Many people are referred back to the Case manager, the rat where it all began.

I had the cheek to email her and tell her that her ACC officials were corrupt and had fraudulent practise. Her reply was amazing. She was very disappointed at my claims as" the ACC staff follow a CODE OF CONDUCT"> Well, Minister, they would not have a clue what was in the code and they sure do not follow it.

Good luck with your case and your research. There are friends for you here on the other side of the world, or the bottom of it anyway....!
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#7 User is offline   Wayne Coady 

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Posted 11 January 2005 - 12:41 AM

Hi Juscallin1: Well no matter where one looks, the injured workers has been set up to fail. What skocks me is our Labour movement (unions) do not seem to be willing to address this abusive process, in the same way they do when they want ask us to go on strike for wages.
I would think that the loss of income through a workplace accident is every bit, if not more important than getting a raise. After all what good is a pay hike, when you are put out of work because of a workplace injury?

If the Corporate world can go global then maybe the union movement should too, and fix this mess. My goodness something has to be done about this international abuse.
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#8 User is offline   Wayne Coady 

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Posted 12 January 2005 - 11:40 AM

Here you go my good friends down under, one of our members published this article in an online paper.

My Webpage
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#9 Guest_IDB_*

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Posted 30 January 2005 - 12:28 PM

Hey go read the response wayne has had from 3 politicians

http://wcbcanada.com/modules/WCB-BB/viewto...1156&highlight=
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#10 Guest_IDB_*

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Posted 31 January 2005 - 06:31 PM

have a read of this:

TREATMENT OF INJURED WORKERS IN CANADA NOT REALLY DIFFERENT FROM THE REPRESSION OF HUMAN RIGHTS BY COMMUNIST CHINA
http://www.wcbcanada.com/

it turns thought to trade agreements, trade unions and " are injured workers the new age "niggers". food for thought.
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