3 10 22 https://digitalcollections.lakeheadu.ca/files/original/8f67e76fcbbb96ea3968f3d05ee2e84f.pdf 115194cad5d8c4bd0914c9679515f332 PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Focus on Appeals All across the country, each working day, hundreds of injured workers are attempting to make someone “in Appeals” understand their particular situation. Probably about 60% of them will be successful. At the inception of the Workers‟ Compensation system in Canada, Chief Justice Meredith (the architect) ruled against allowing decisions of the Board to be appealed to the courts. It would undermine the very purpose of the compensation system by allowing relatively wealthy employers to harass injured workers who had neither the financial resources nor the health to withstand such actions. Workers‟ Compensation benefits, however, are adjudicated on the basis of forms and reports which can all too often lack detail or can be easily misinterpreted. An internal appeal system has developed which has served to provide the human face to those forms; to render justice in those cases which don‟t fit the usual mold; and to improve policies by exposing the upper echelons of the Board to the realities of the life of the injured worker. External appeals systems have also developed which provide an important impartial second look at both individual claims and, through them, the interpretation of the Act. In some jurisdictions, employers have very limited rights to challenge injured workers‟ claims, while in others, financial incentives have created an entire strata of „consultants‟ who will appeal all aspects of an injured workers‟ claim on behalf of the employer. In some provinces, it may be that the system is still improving, but in many, changes are occurring which will drastically reduce the value of the appeal system for injured workers: introduction of time limits; reduction of independence; removal of policy-changing powers; a push to “mediation and settlement” concepts; and perhaps most tellingly - an attempt to discourage actual hearings where an injured worker can explain the complexities of his/her claim to someone who should be providing undivided attention. An independent powerful appeal system which guarantees the opportunity for an “eye to eye” hearing, is extremely important for injured workers. As we fight for improvements, it is valuable to share the knowledge of what is happening across the country. Table of Contents Projects ................................. 2 Provincial Updates ........ 3 - 11 April 28 ................................. 11 Dear Andy ............................. 12 Lung Cancer Case ................ 13 Ergonomics ........................... 14 Letters to the Editor ........ 15 CIWA Info ........................... 16 1 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects For more information on any of our projects, give us call at 807-345-3429 TOGETHER WE CAN WIN We are really pleased by the response to these new resources. We have received orders for over 500 copies of these tools and are preparing for our third printing. The interest has ranged from major national unions, Workers Compensation Boards, provincial and federal governments, major employers and of course, injured workers and injured workers groups. The video is being shown on community TV stations, at public meeting sponsored by the OFL, in training sessions at the WCB and at injured workers meetings. Thanks for your support. NEW STAFF AT THE OFFICE We are pleased to welcome Tara Lewis as our newest full time staff member. She comes with experience in community development, awareness programs in the schools and is bi-lingual. We hope to have Tara develop a program to raise awareness among young people about hazards in the workplace. It sure is great having Tara working with us!! 2 SPEAKERS BUREAU A wonderful letter of praise which we received after our session in New Brunswick. Thank You! Dear Steve: Just a note to say that it was a pleasure to meet you in Moncton during our training session. You and your organizing committee are to be commended for putting on this three day Speakers Training Session. The accommodations at the Memramcook Institute were first class, the training sessions were professional and informing and most importantly were fun. I think that all those who participated, left this training session enriched with the knowledge you and your facilitators shared with us. Not forgetting all those who participated in this training session, the experiences and the exchange of ideas and the information shared, was enlightening and educational for all. We all arrived at the Memramcook Institute as strangers and left as friends. This in itself was worth the pain and suffering that we as injured workers experienced. The consideration shown by you and your committee knowing that we all have limitations because of our injuries was much appreciated and I thank you for that. In closing, on behalf of myself and Ron Jesso, I would like to extend to you and your team, our heartfelt thanks and appreciation for inviting us as members of the Newfoundland and Labrador Injured Workers Association to participate in this training session. Kindest Regards Austin Haynes �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance C.I.W.A. Board Members BC... Don McGregor, Prince George Northern Association of Injured & Disabled Workers AB ... Vacant SK... Robert Lindsay, Regina Voice of the Blue Rose Advocacy MN... Wayne Desiatnyk, Winnipeg Injured Workers of Manitoba ON... Lesley Penwarden, St. Catharines Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l‟ATTAQ NF... Phil Brake, Labrador City U.S.W.A. NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Westville Pictou County Pictou County Injured Workers Assoc. PEI... Vacant Provincial Updates: Focus on APPEALS The next issue of the newsletter will focus on Chronic Pain. We welcome your contributions. Please send, fax or e-mail your submissions, letters or comments by May 29th. APPELS Partout au pays, à chaque jour ouvrable, des centaines de victimes d‟accidents et de maladies du travail essaient de faire comprendre leur situation particulière à quelqu‟un des tribunaux d‟appels. Environ 60 % de ces personnes réussissent. Lors de la création du système d‟indemnisation des travailleurs et travailleuses au Canada, le juge en chef Meredith (l‟architecte du système) avait statué contre le fait qu‟on puisse en appeler des décisions de la Commission devant les tribunaux. Permettre à des employeurs relativement riches de harceler les victimes d‟accidents et de maladies du travail qui n‟auraient ni les ressources financières ni la santé de vivre ces procédures amoindrirait la raison d‟être même du système d‟indemnisation. Par contre, les prestations d‟indemnisation des travailleurs et des travailleuses sont accordées sur la base de formulaires et de rapports qui, trop souvent, manquent de détail ou peuvent être facilement mal interprétés. Un système d‟appel interne a été développé, lequel a servi à donner un visage humain à ces formulaires, à rendre justice dans les cas qui sortent de l‟ordinaire, et à améliorer les politiques en exposant les niveaux supérieurs de la Commission aux réalités de la vie de la victime d‟un accident ou d‟une maladie du travail. Des systèmes d‟appel externes ont aussi été développés qui permettent un deuxième regard impartial important sur les réclamations individuelles ainsi que sur l‟interprétation de la loi grâce à ces réclamations. Dans certaines juridictions, les employeurs ont des droits très restreints pour contester les réclamations de victimes d‟accidents et de maladies du travail, tandis que dans d‟autres, les mesures incitatives financières ont créé toute une strate de « consultants » qui en appelleront de tous les aspects d‟une réclamation d‟une victime d‟un accident ou d‟une maladie du travail au nom de l‟employeur. Dans certaines provinces, il se peut que le système continue de s‟améliorer. Mais dans plusieurs, il y a des changements en cours qui vont amoindrir considérablement la valeur du système d‟appel pour les victimes d‟accidents et de maladies du travail : introduction de délais… réduction de l‟autonomie… retrait de pouvoirs modifiant les politiques… une impulsion vers les concepts de « 3 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance médiation et règlement »… et, sans doute ce qui est le plus révélateur, une tentative de décourager les audiences qui permettent à une victime d‟accident et de maladie du travail d‟expliquer la complexité de sa réclamation à une personne qui devrait lui accorder toute son attention. Un puissant système d‟appel indépendant qui garantisse la possibilité d‟audiences face à face est extrêmement important pour les victimes d‟accidents et de maladies du travail. Tout en nous battant pour des améliorations, il est important de partager les connaissances sur ce qui se passe partout au pays. YUKON La situation à la commission des accidents du travail du Yukon évolue sans cesse. La législation est prévue pour l‟automne 1999 ; les personnes concernées font de plus en plus de contributions envers la politique à appliquer ; on est en train d‟aplanir les processus d‟appel. Nous percevons tout cela comme des gestes positifs posés par un président du conseil d‟administration progressif, par un nouveau président intérimaire de la commission et par le gouvernement NPD. Les changements ont débuté par la création d‟un poste de défenseur des travailleurs et travailleuses, financé et administré par la commission, et répondant seulement au ministère de la Justice, accessible sans frais aux travailleurs et travailleuses. Le processus d‟appel comporte deux paliers, le deuxième étant constitué du conseil d‟administration. Le premier niveau (comité d‟examen interne) accusait des retards prononcés entre l‟audience et la décision. Ceci est en train d‟être corrigé avec la désignation d‟un président permanent pour le comité en la personne de l‟ancien défenseur interne des travailleurs et travailleuses. Les décisions sont maintenant rendues fondées sur la législation et sur la politique avec un raisonnement clair. Tous ces changements positifs ne se font pas facilement ; nous subissons toujours l‟héritage du dernier président du conseil et des trois derniers 4 présidents de la commission en deux ans. Quelques réclamations n‟ont pas été traitées correctement dans le processus de l‟appel précédant les accusations qui sont traitées par l‟entremise du conseil d‟administration ou de l‟ombudsman en vue de les soumettre à nouveau au système mais de façon appropriée. Malgré la situation reluisante que j‟ai décrite, il y a encore des écueils. Vous ne pouvez pas montrer de nouveaux trucs à un vieux chien. L‟administration a de la difficulté à voir son autorité contestée, à justifier et à documenter ses décisions, et à exécuter les décisions du processus d‟appel. L‟attaque la plus à craindre viendra, à mon avis, dans le proche avenir. La pression économique et les coûts de la commission seront à la hausse à mesure que nous essayerons de remettre cette voiture sur ses roues. Ces changements coûtent très cher. Les coûts augmenteront à mesure que les victimes d‟accidents et de maladies du travail recevront des droits complets et que la fin des prestations commencera à être fondée sur le recouvrement médical et/ou sur la réadaptation. J‟entrevois une lutte pour maintenir le cap en encourant ces coûts assez longtemps pour que le système se stabilise à un niveau où les lésions et maladies diminuent (la sécurité est rentable) et que la durée des réclamations soit réduite grâce à une réadaptation efficace permettant de réintégrer les victimes d‟accidents et de maladie du travail dans le vrai emploi.  Things at the Yukon board are generally in a state of flux. Legislation is scheduled for Fall 1999, input to Policy from the stakeholders is progressing. The appeal processes are being straightened out. All of which we see as positive steps being achieved by a progressive WCB Chair, new acting President and NDP Government. The changes started with formation of a Workers Advocate position funded by the WCB, administered and only answering to the Dept. of Justice, provided at no cost to the worker. The �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance appeal process is 2 levels with the second being the Board of Directors. The first level (Internal Review Committee) had been experiencing lengthy delays between hearing and decision. This is being overcome with the appointment of a permanent chair, who was the previous internal workers advocate. The decisions now are coming out based on legislation and policy with clear rationale attached. All of these positive changes are not coming easily. We‟re still suffering the baggage of past Chair and the previous 3 Presidents in 2 years. There currently are a number of claims that were not handled properly through the appeal process. These are being dealt with through the Board of Directors or Ombudsman to return them to the system properly. Despite the rosy picture I have portrayed, pitfalls remain. You can‟t teach old dogs new tricks. The administration is having difficulty having their authority challenged, having to justify and document their decisions and implement decisions of the appeal process. The most fearful attack, I believe, will come in the near future. The pressure of the buck, the costs at the WCB, will be increasing as we try to get this wagon back on track. These changes are all expensive. Costs will increase as injured workers receive full entitlements and termination of benefits start being based on medical recovery and/or rehabilitation. I foresee a battle to stay the course incurring these costs long enough for the system to level out at a point where injuries go down (because safety is cost effective), and the duration of claims reduced by effective and proper rehabilitation returning injured workers into real employment. BRITISH COLUMBIA In BC there are essentially three levels of statutory Appeal. This is excluding the administrative systems for reviewing decisions within the department and the Judicial review process through the courts. In general, BC provides a statutory right to appeal any decisions made by Board officers with respect to a worker. This initial appeal is usually to the Workers' Compensation Review Board which is an administrative tribunal that is external to the WCB and to which both workers and employers can appeal. The greatest percentage of appeals are made by workers. Generally a notice of appeal must be filed within 90 days from the day the decision is communicated to the worker, dependents, or employer. However the Review Board has the authority to allow late requests as well as extensions of time for proceeding. The time limits relating to appeal in BC have become increasingly controversial recently due to WCB‟s consistent failure in providing timely disclosure. Deadlines and hearing dates are often reached before the worker or representative has access to information required to appropriately decide the grounds for appeal, or to properly know and prepare their case. Decisions of the Review Board can be appealed to the Appeal Division which is internal to the WCB. It is supposed to operate at „arm's length‟ from the WCB's administration. Appeals to the Appeal Division must be made within 30 days after the finding is sent out. The Chief Appeal Commissioner may allow a late appeal or extension of time. A worker, dependant, or employer, may also request review of a medical finding by the Board, the Review Board, or the Appeal Division by the Medical Review Panel (MRP) providing a physician certifies there is a bona fide medical dispute to be resolved. The MRP consists of a panel of 3 doctors who are required to be independent of the Board. The decision of the Medical Review Panel is final and binding. However, the MRP is administered internally by the Board. Although in principle these three levels of appeal should provide for appropriate dispute resolution, 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance in practice they have not. The question of true independence from Board influence, the competence, fairness, and legality of the decisions, expedience in rendering decisions, and as well, the Boards willingness, (or lack of it) to implement findings, have all resulted in significant criticism in all three levels. Current criticisms are numerous however it is generally agreed that a significant contributing factor is a failure of all three appellant bodies to know the full and true facts of the case before them. Instead they often base their decisions on inaccurate, incomplete, „summaries‟, compiled by the Board. It is also generally agreed that the current three level model is a fair system in principle if administered as intended and appropriately staffed and isolated from Board influence. Unfortunately, excessive backlogs, restrictive and manipulative information practices, lack of representation, vaguely interpretative and, in some cases, unlawful policies, and a perception of Board sympathetic practices has resulted in the majority of injured workers having virtually no confidence in the appeals process. Navigating the appeals process often takes years, only to start all over again when the Board fails to implement the appellant bodies findings. The complexity of workers‟ compensation issues and the long term impact, makes experienced and competent representation imperative. Unfortunately, it is simply not there for the majority of BC workers when they need it. Each decision must be appealed individually while waiting several years for the policy to crawl it's way up the priority list for change by the Panel of Administrators. ALBERTA In Alberta we have two levels of appeals within the W.C.B.. There is C.S.R.C., the first level of appeal. If your clam is upheld, you can appeal to the Appeal Commission. You are allowed to bring forward any issue that has been addressed by a case manager or adjudicator. There are no exclusions in Alberta. You have approximately one year after C.S.R.C. to appeal any decision Appeals Commission. There is then a 6 month time limit to appeal to the Ombudsman. Time limits are difficult in Alberta for one reason - the lack of knowledge that injured workers have of the time statutes. The first level of appeal is probably the hardest to get a positive decision from. Only about 6 percent of claimants are successful here, adding to their frustrations. At the second level, out of 1, 183 claims in 1997, only 164 were overturned. We lack representation and although it is claimed the Appeals Commission is independent of the board, we have evidence of the opposite. Depending on the worker and his/her rep, he/she might be treated fairly, but it does not mean that claims will be accepted. If they are accepted, case managers usually don‟t accept these decisions and claimants are forced through new hearings. Workers and employers have equal access to files, but as an employer, you have the right to employer services which could be anything and everything including having an appeals advisor. Your rights are constantly breached and you are always told that there is a next time. In Alberta you need a representative because another common complaint from workers is that they are being read policy and act and they don‟t understand, therefore being turned down without being fully informed. We presently have three advocates, two attorneys and the C.P.A. representing workers at both levels and judicial review. Policy change in Alberta has struggled with what the board calls, Public 6 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Hearing on Policy, but never effectively changes policy. Outside the appeals system you are allowed to submit suggestions for Policy Review. opinions are usually required when claims are fairly complex or when the written medical opinion of the injured worker‟s physician differs from the opinion of the WCB‟s medical doctor. SASKATCHEWAN When this need arises, a Medical Review Panel may be arranged. It may also be called for complex cases where the WCB requires an expert independent medical opinion. In the province of Saskatchewan, the appeals system works in three different areas. The first appeal is verbal with the case worker. If that fails, then you can appeal you case to the Appeals Committee which is a written letter of appeal. Of course in Saskatchewan this is a very slow procedure which can take up to 2 to 3 months before receiving an answer from WCB. If the individual fails at this level, he or she can then write a letter of appeal to the Board of Directors. Again this is another very slow procedure which can take another 2 to 3 months. If the individual fails at this level, he or she can then request a hearing with the Board of Directors, and try to iron out things face to face. If this fails, then the individual has no other recourse, but with the Legislative to try and reopen his or her case which is a very long and drawn out thing. In Saskatchewan there is no time limit on appeals like we are starting to see happen in other provinces. We feel that while the injured worker is going through his or her appeal, they have absolutely no income. We must enforce WCB to amend their Policy in some way so that these individuals are not out of income and that we must somehow speed up the appeal process. We also think we should have a complete independent appeals process. So we can get away from bias discussions. MANITOBA Medical Review Panels Occasionally, the WCB requires an expert, independent medical opinion before it can make a decision on an injured worker‟s claim. These The worker may request, in writing, that a panel be called to examine his/her case. The letter should be addressed to the WCB and must include the worker‟s name and claim number. The WCB may also request a panel. The panel is comprised of three physicians - a chairperson appointed by the Minister responsible for Workers‟ Compensation Act; a physician selected by the worker and a physician selected by the worker‟s employer. The physicians selected by the worker and the employer must be specifically skilled in a field of medicine relation to the injury or disease and whose name is on a list provided by the College of Physicians and Surgeons of Manitoba. A physician cannot be selected to act or serve on a medical review panel if the physician: a) has examined or treated the worker; b) examines workers on behalf of the employer; or c) has acted as a consultant in the treatment of the worker. Physicians on the Medical Review Panel review the information in the worker‟s file and then examine the worker. If x-rays or additional medical information are required, they will be obtained for review by the panel. The panel may determine its own rules of procedure. Once the panel has prepared its written opinion, this information will be forwarded to the WCB for consideration. The opinion of the panel is not binding. Other considerations may affect the outcome of a decision on a claim. The medical review panel provides a medical opinion only. 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance This opinion may be used to assist in the adjudication of the claim. ONTARIO Originally, under Bill 99, WSIA, AUTOMATIC retroactivity was proposed; that is NO time window to wrap-up our unsettled claims which weren‟t already in the appeal process. Meanwhile, the government was challenged in court regarding attempted overriding of “Grandfathering” under several other Acts ie: “this is tantamount to changing the rules in the middle or at the end of the game” and ruled against the government. Result: Time limit windows for appeals on accidents/illnesses established under previous WCA‟s which “skirt” the issue, not being clearly right or wrong with respect to the court‟s decision. Conversely, the Board has the power to reconsider any decision “at any time as it considers it advisable to do so”, even if the statutory appeal period has expired; reasons to reconsider range from the frivolous -- arbitrary changing of original decision to the factual -- substantial new evidence. Should our side challenge the legality/legitimacy of this state of affairs also? Can we win? Does that really matter? Can we manage it financially? I suggest it is, at least, a worthwhile investment to obtain a competent, qualified legal opinion. If the reply is “more pro than con” and we choose to pursue it, three major consequences are immediately apparent: 1. Court injunction to at least modify, if not arrest enactment of the WSIA (Workplace Sanctioned Injuries Act) 2. It may open the door for further action regarding the many injustices of the WSIA 8 3. Mega media opportunities and ammunition whether we actually win in court or not; elections are at most 1 ½ years away, almost tomorrow in political thinking. Delay is worth it. Further opportunity to debate is worth it. Opportunity to actually make change is worth it. Revealing Elizabeth Witmer, the Mike Harris Conservatives and their Big Corporate Backers as avaricious, knuckle-dragging malefactors, sacrificing human beings in exchange for profit, in open court and the press just before election time, is worth it! Anybody interested? Shall we “Go For It”? What do you think? QUEBEC Bill 79 that ATTAQ and its members fought for 7 months was finally adopted last June. This Bill that will significantly change the existing appeal structure, should come into force on the 1st of April 1998. When it was presented we knew that our rights were under attack and we foresaw that the presentation of this Bill was nothing but an attempt by the CSST (our WCB) to take control of the appeal process of its own decisions. We previously had 2 levels of appeal. With Bill 79, we will have only 1. Our last level of appeal was far from being perfect but was at least independent, not tri-partite and under the jurisdiction of the Minister of Justice. Once Bill 79 is put in place, our only level of appeal will be tri-partite and under the jurisdiction of the Minister of Labour who is also responsible for the CSST. One will have 30 days to ask for an internal review and then 45 days to ask for an appeal. The President of the new tribunal worked for 15 years within the CSST, one Vice-President comes from the Review Board of the CSST and the other Vice-President comes from a law office that always worked on behalf of management. The effects of this Bill are easily foreseeable. The appeals presented will be fewer and the only �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance tribunal that will hear and decide on the appeals will be a controlled one. That's what we denounced during our fight against the Bill and we now have the confirmation that we were right. We, in Québec, fought from 1931 until 1977 in order to have access to an independent appeal body and this right has just been taken away from us. We will now have to start a new battle in order to have access once again to tribunals that are susceptible to offering a minimum of justice. NEW BRUNSWICK In New Brunswick (NB) “any decision, order or ruling of any officer of the Commission under the Workers‟ Compensation Act affecting the rights of an employer, a worker or a dependent, can be appealed to the Appeals Tribunal. However, it is possible to have that “officer”, usually the Case Manager, reconsider their original decision. This can eliminate the need to go to the Appeals Tribunal. Note: There are no exclusions about what can be appealed. You could say that there are two levels of appeal within the Commission: 1. reconsideration by the Case Manager; and 2. Appeal to the Appeals Tribunal Chairperson or Vice-Chairperson acting alone or the full Appeals Tribunal. For example: “within thirty days after receipt of notice of the decision” any party directly affected by a decision shall apply for a Statement of Facts; the Commission “shall within thirty days provide the party with such information”; “within thirty days of receipt of the statement of facts”; “..Notice of Appeal shall be served upon the Commission within fifteen days.. ; No time limit on reconsideration‟s by Case Managers and appeals to the Appeals Tribunal is a good thing for injured workers in NB. However, the time limit on appeals to the Court of Appeal is detrimental.. Money is a big factor. The injured worker must be represented by a lawyer and the clock is always ticking. The Workplace Health, Safety and Compensation Commission (WHSCC) establishes the Appeals Tribunal in NB. The Tribunal consists of a Chairperson, appointed by the LieutenantGovernor in Council, a representative of workers and a representative of employers, appointed by the board of directors. The Commission will say that the Tribunal is an “external” body, but the Tribunal is bound by the policies of the Commission. It is possible for a member of the Commission to be a member of the Appeals Tribunal, by that, bound by the very policy that they established !! I think, under these circumstances, it is very difficult for an injured worker to get a favourable decision. Upon written request an injured worker, or dependents (if injured worker deceased), and/or an employer, or their appointed representative, will be provided with a copy of the claim file. This copy is provided at the cost of .25¢ per page. However, before an Appeals Tribunal hearing a comprehensive summary document is prepared and supplied to all parties involved, at no cost. Also, an injured worker is allowed to review their Claim File, supervised, any time, if prior arrangements are made. Representation is available, free of charge, by the Dept. of Labour (Workers‟ Advocate). The employer is also allowed representation. You never know when the Employer‟s Advocate will show up. It is also possible for you to be represented by your union, a friend or whomever you wish. Although the system is designed so that you can represent yourself, having someone else with you is definitely recommended. 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Policy change is an internal process. Advocates have appealed certain items to the Appeals Tribunal and policy was changed when it was proven to be unfavourable to the injured worker. It is not something that happens every day, only occasionally. Normally, policy changes are made without the injured worker‟s participation. In NB, I believe the employers have strong representation on the board of directors and, by that, influence policy NEWFOUNDLAND Workers‟ Compensation Commission (WCC) has one level of appeal (review). It is a paper review only, and is called Internal Review. It is the final decision of WCC. There is one level of appeal (review) outside the Commission. The outside review system is called Workers‟ Compensation Review Division (WCRD). A worker, who disagrees with a decision of the Commission, may request a hearing before the Review Division and his/her case is heard by a single review commissioner who renders a decision in writing. There is a statutory requirement that sets a six month time limit from the time the worker requests a review to the time a decision is rendered by the commissioner. All issues are appealable. Though there are no exclusions, it is pretty difficult to overturn a Permanent Functional Impairment (P.F.I.) Award. A worker has only 90 days to appeal a decision of the Commission to Internal Review. A worker has ninety days to appeal a Commission‟s final decision to WCRD, however, WCRD can sometimes extend the time limit for valid reasons. Legislation dissallows reviews beyond one year of the Commission‟s final decision. The time limits effect injured workers in that they are barred from having a decision, made by the Commission, overturned. Injured workers can be, and some are, sentenced to a life of poverty and despair because of time limits. 10 Internal Review Specialists are appointed by the administrators of the Commission. Commissioners of the WCRD are appointed by the Minister of Labour. They are bound by Commission policy. They are not permitted to decide on the merits of a case. Internal Review overturns about 20% of the decisions reviewed. Many times workers are treated in an abusive manner and with very little respect. There is still the feeling that injured workers are scamming the system. WCRD overturns approximately 40% of the cases placed before it. Some employers are very active in the appeal system. Some may have representation at appeal hearings to contest the right of injured workers to receive benefits. Employers‟ rights are protected very well under the compensation system. I wish the same could be said for injured workers‟ rights. Every precaution is taken to ensure that employers‟ rights are not infringed upon. Employers have access to injured workers‟ claim files. All that is necessary is for some representative of the employer to write the Commission and request the file. A worker does not have access to information on the employer. Representation at reviews is not provided for injured workers. Sometimes an injured worker can get Legal Aid to represent them. If they are lucky enough to have a union, their union may represent them. Sometimes injured workers may get representation from MHA‟s, Lawyers (paid), Clergy, spouses, members of the family, and friends. All injured workers should have the right to be represented at appeals if they wish. Most policies are changed by the Commission itself. Such changes are made to conform to new legislation. Other changes are made as a result of decisions made by WCRD. Many changes are made as a result of lobbies by the Newfoundland and Labrador Federation of Labour, Unions, injured workers‟ associations and other interested groups and individuals. Some changes are made as a result of lobby from the Office of the Workers‟ Advisor. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NOVA SCOTIA The appeals system in Nova Scotia is a major disaster! When a person becomes involved in the appeal system of Workers Compensation, one should be prepared for a long hard struggle. In their brochures, they tell clients they have the right to appeal, but they don‟t say it could take up to five years or longer, with no clear decision rendered. Several years ago, I gave WCB a suggestion on how to clear up the back log of appeals, and how to give people a faster decision. The suggestion would be to put all injured workers that are waiting for their decision back on regular benefits, while they go through the appeals system. I am quite sure that nobody would be waiting for five or six years then! The Workers‟ Compensation board of Nova Scotia is the only organization in Nova Scotia where an employee can make numerous wrong decisions and have a bad attitude towards their customers, and then in turn, be rewarded with a promotion within the organization. Before the appeals system will ever change, they have to have a complete house cleaning of some employees at the WCB. It would also be nice to have a Minister of Labour in Nova Scotia with some back bone, and will stand up to high ranking officials at WCB and tell them this is the way it‟s going to be and if they don‟t like it, give them their walking papers. I am quite sure there would be a major attitude change with the employees serving clients! Maybe then the clients would be treated like people, not beggars! People who never dealt with WCB will never understand the frustration that an injured workers goes through while dealing with WCB. You are only one accident away from becoming an injured worker ! Press Release Exerpts from a Report from London, England REMEMBER THE DEAD & FIGHT FOR THE LIVING April 28th is Workers’ Memorial Day, a day to remember workers around the world who have been killed, disabled, injured or made unwell by their work. It highlights the preventable nature of the greater majority of workplace accidents and ill health, promoting campaigns and union organization in the fight for improvements in workplace safety. Our slogan for the day is “Remember the dead - fight for the living”. Many events are currently being organized around the country and around the world. Workers Memorial Day originated in Canada in 1985 when the public sector union CUPE arranged events to commemorate those killed, injured or made unwell by their work. The Canadian government gave official status to the day when it passed the “Act respecting a day of mourning for persons killed or injured in the workplace” on February 1st 1991. Trade Unions in the USA, the UK, Asia and elsewhere have been organizing events on this day since 1989. CUPE‟s symbol for the day is a caged canary as used to detect poisonous gas in mines, with a slogan of “Remember the canary”. As CUPE says: “Today, CUPE members act as front line protection for their fellow citizens … they have become the canaries.” April 28th is Workers’ Memorial Day The International Confederation of Free Trade Unions (ICFTU) estimates that every day of the year worldwide 500 workers are killed at work 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Workers Memorial day originated in Canada in 1985 when the public sector union CUPE arranged events to commemorate those killed, injured or (approx. 200,000 annually) and an estimated 65 to 165 million contact occupational diseases. accidents are preventable and that 70 % of these are the result of employers failing to act positively. The HSE estimates the cost of this to the nation is up to $16 Billion annually! In reality this financial cost is a subsidy to employers, so we pay them for trashing us at work. Studies by the government‟s safety enforcement agency, the Health & Safety Executive (HSE), have continually shown that 90% of workplace Mick Holder London Hazards Centre, England. Letters to Dear Andy Are you experiencing problems in your local group and need a bit of advice? Andy would be pleased to answer any of your questions about your group’s dynamics. Do you have a good story to tell about your group? Please write in and share the news, either good, or not so good. Dear Andy, Dear Don’t want to be bribed, I work in a hotel. Each year at Christmas, each worker in my unit (housekeeping) receives $500 worth of shares in the company if there have been no accidents at work. We get $300 worth even if accidents are reported to the WCB, as long as they do not result in time off work. We get nothing if someone has to go on Workers‟ Compensation benefits. The situation you describe is becoming all too common all across Canada. Employers are discouraging their workers from reporting accidents so they can get big refunds from the WCB. This is called “Experience Rating”. I agree with you. This practice is wrong. Your coworkers must understand that they are all at risk of getting hurt. Then, if they don‟t have a chance to heal completely, that injury can turn into a permanent, life long disability. Right now, we have two people at work who should really be at home on compensation. My co-workers tell people who have had accidents not to tell the company. They say: “Just come to work and we‟ll cover for you until you fell better.” The closer to Christmas, the worse it is. I think this is wrong. I wonder if other readers have similar experiences and what they do about it? Because there was no time lost from work, the WCB won‟t recognize it and the worker will get no compensation and will have no job. We have to stick together and fight for our Health and Safety - Our long term Health. Good Luck, Andy Sincerely, “Don’t want to be bribed” from Ontario 12 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Supreme Court of Canada/Lung Cancer For once we have good news! A major legal victory in the struggle to obtain compensation for all workers suffering from industrial disease, and particularly for lung cancer victims, and for asbestos workers. M. Guillemette died in 1986 and it is deplorable that it took 12 years to get a final decision, given the reasons for refusing his widow‟s claim. Nevertheless, I believe this decision may be a significant step forward. On February 23rd, 1998 the Supreme Court of Canada in a unanimous decision overturned a Québec Court of Appeal Decision in the case of Succession Guillemette v. J.M. Asbestos, and subscribed in full to the reasoning of the dissenting judge in the Québec Court of Appeal (Justice Forget). No other reasons will be given by the Supreme Court. Given that all the Québec judgments, including Justice Forget‟s judgment, are in French, I fear that the significance of the Supreme Court‟s decision will not be known outside Quebec. I strongly recommend that something be set up so that an appropriate translation of the dissenting judgment in the Québec Court of Appeal may be circulated to the community of people who care about workers‟ rights to compensation for industrial disease. (If you are interested in following up on the translation, let me know what you suggest and I‟ll be glad to forward the judgment and reread the translation if that can be of help). The specialized compensation tribunal (Commission d‟appel en matiére de lèsions professionnelles), the CALP, had upheld the workers‟ compensation claim of the widow of an asbestos miner who had died of lung cancer. The tribunal had accepted the claim, even thought the worker was never diagnosed with asbestosis. While admitting that the epidemiological data was not all conclusive, the tribunal held that there was sufficient evidence to compensate, particularly given that Québec legislation includes in scheduled diseases covered by a rebuttable presumption “asbestosis, lung cancer, and mesothelioma caused by asbestos.” The J.M. Asbestos company went to Superior Court to get the decision quased, on the grounds that it was manifestly unreasonable and incorrect, and that for the legislative presumption to apply the worker (or his widow) must prove that his lung cancer was caused by asbestos. Both the Superior Court of Québec and the Québec Court of Appeal accepted this reasoning and refused compensation. In a very eloquent dissenting opinion, Justice Forget of the Québec Court of Appeal underlined that legislative presumptions regarding industrial disease would be of little use if the worker had to prove causation. He also underlined that it was no more an injustice to mistakenly compensate a worker whose disease had not been caused by work, than it was to wrongly refuse compensation to a worker whose disease had in fact been caused by work. Among the questions underlying his judgment is the issue of scientific uncertainty: who bears the consequences of unclear scientific evidence. I think the Supreme Court judgment is very important for many reasons. Aside from the administrative law considerations (it reiterates that Courts must defer to specialized tribunals), it justifies a broad interpretation of schedules containing presumptions and contains many very useful considerations about the role of these presumptions. Because of the issues involved, I‟m sure that this judgment could be used in the defense of workers suffering from industrial disease whose claims are governed by the law in other provinces. Please spread the word. In solidarity, Katherine Lippel UQAM: Département des sciences juridiques Montréal 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Making Work Fit The Worker When the office workers at the Manitoba Government Employees‟ Union began to wonder if strains and aches were related to their use of computers, they and their employer called in the Occupational Health Centre. compensation board, approximately 50 percent of lost time injuries in 1995 were the result of sprains, strains and tears. Ergonomic approaches to this growing problem are effective. A 1992 Quebec study found that According to Margaret Day, the worker co-chair ergonomic changes reduced time-loss workplace of the MGEU‟s workplace health and safety accidents by 30 to 50 percent. Estimated savings committee, the OHC organized a half-day session were six to ten million dollars. Other benefits that provided workers and from ergonomic changes the employers with the include: A 1992 Quebec study found that ergonomic information needed to • improved attendance changes reduced time-loss workplace make effective changes. • reductions in the number and severity accidents by 30 to 50 percent. “It was a truly of accidents educational session,” said • reduced WCB costs Day. “It showed us that you don‟t have to spend • increased productivity millions of dollars to address many workplace While the computer has brought with it a rise in health problems. It was not the sort of educational the number of repetitive strain injuries, ergonomic session where you sit and listen to a lecture all problems can arise in the most traditional of work day. By the end of the day, we were doing things settings. The OHC‟s Occupational Health Nurse differently.” Diane Gagnon said, “For this reason the Occupational Health Centre has designed two different ergonomic approaches, one for offices Focusing on the workplace The half-day session organized for the MGEU is and one for industrial workplaces.” just one example of the Ergonomic Group Services the the Occupational Health Centre is now offering. Ergonomics is the science of Reprinted from Focus at the MFL Occupational adapting work so it matches workers‟ needs, Health Centre capabilities, and limitations. Consideration is given to how workers interact with all aspects of the work environment. The task, the work space, tools, and equipment are all examined. The goal is to fit the job to the worker, not the worker to the job. We all pay a price when there is a bad fit. Musculoskeletal injury is one of the ten leading occupational problems in the United States. In 1992 Statistics Canada reported that strains and sprains accounted for 42 per cent of all time loss claims accepted by workers‟ compensation boards. According to the Manitoba Workers‟ 14 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Letters to the Editor Dear Editor: I am writing to tell you of a totally stupid rehabilitation plan which I am currently being forced into by the Workplace Safety Insurance Board. They have decided that I will attend a four year College course because a one year course will be too hard on me. I was also told that my F.E.L. was based on the amount of money I would make on completion of said four year course. Upon completion of this course I will be 54 years of age and will have to compete with the twenty or so young people who will also be looking for the same type of employment. Personally, if I was an employer, it wouldn‟t take me long to figure out which person to hire. I may have life experience but the younger people have life and they will gain life experience as they age. The one year course would only give me experience in the field in which I am already involved in and which I enjoy. With the four year course, I will basically have to start my own business to get gainful employment, which is what I wanted to do with the one year course. I really don‟t understand how four years of walking on cement floors and sitting in screwed up chairs is easier than one year of walking on cement floors and sitting in the same chairs. The only reason that I got from the WSIB is that I would have to lift about 40 lbs. When I asked if they had ever heard of a mechanical lifting device to assist with the lifting, they got upset. With the thousands of unemployed people around, it would be no problem to hire someone to do the lifting for me. satisfaction. If I had the money that they have wasted on me in the last eight years, I would have my business well established, and I would be a productive member of society. I think that their plan is to keep the injured workers under their fist until he can no longer think for himself or he is too afraid to voice his opinion because of the fear that he will be cut off and left to starve. I have tried every way that I know of with the exception of my “wife and sons” (they are non-existent according to the Board) getting a lawyer and suing their asses off. I am a reasonably mild tempered person, but that mildness is being slowly replaced with the temperament of a rattlesnake. As far as I am concerned, the “Boards Buddy” Mike Harris is as useless as tits on a boar pig. As long as his pockets are filled, he doesn‟t give a tinkers damn for the rest of the people in this province. I would like to know if there is any way that I could get the “Board” to get it together and stop their screwing around. If not then do you know the name of a good lawyer. My VR Plan is supposed to be being appealed, but as of yet, I have heard nothing. Thank you for your time and understanding, Allan Kellar I personally think that the “Board” is wasting untold thousands of dollars on stupidity, and yet they cry and complain about the lack of money. I‟m sure if they would put the brain in gear and give the mouth a rest, everything could be worked out to everyone‟s We welcome your letters. By sharing our thoughts and experiences with the each other, we all stand to benefit. Please send your letters, questions or comments to: The Editor, Highlights. P.O. Box 3678, Thunder Bay, ON. P7B 6E3 or e-mail to ciwa@norlink.net or fax to 807-768-7240. 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance SPECIAL THANKS TO SHEL/DON REPRODUCTION CENTRE LTD. 936 Tungsten Street Thunder Bay, ON. P7B 5Z6 C.I.W.A. / A.C.V.A.M.T. P.O. Box 3678 1201 Jasper Drive, Suite B Thunder Bay, Ontario. P7B 6E3 for their assistance in printing our newsletter. Phone: ................................................. 807-345-3429 Fax: ..................................................... 807-768-7240 E-Mail ........................................... ciwa@norlink.net URL............................................ http://indie.ca/ciwa/ Editor’s Note This newsletter is intended to share and exchange information only. The views and opinions expressed here are those of the individuals or groups making the submission. We take no responsibility for their accuracy or opinions. THE CANADIAN INJURED WORKERS ALLIANCE L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL is supported by people like you. WE NEED YOUR HELP !! Your contribution goes towards office rent, telephone, printing and postage. The “Project Funding” we receive from the federal and provincial governments does not cover these basic operating costs. Please Subscribe Name: ________________________________________ Address: ________________________________________ Date: ________________________________________ Postal Code: ___________________ __________________ Fax: ________________ E-MAIL: Phone: ___________________ ___________________ Newsletter Subscription: Injured Worker / Unemployed Individuals Organizations Donation $ 5.00 $ 10.00 $ 15.00 Thank You for your TOTAL SUPPORT: $ $ $ $ _____________ _____________ _____________ _____________ $ =========== 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Spring 1998 Description An account of the resource Articles about Provincial Updates on Appeals; British Press Release for Workers' Memorial Day; Supreme Court of Canada / Lung Cancer; "Making Work Fit the Worker". "Together We Can Win" resources; Speakers Bureau feedback; Letters to the Editor- rehabilitation plans and the WCIB. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 1998 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English, French Type The nature or genre of the resource Text Subject The topic of the resource Labour and Labour Unions https://digitalcollections.lakeheadu.ca/files/original/711790d01c254339cfc7dbf930548b57.pdf 30526e4ba8660ea5c2ecb10f13ea43a8 PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Focus on ORGANIZING ! This issue of Highlights is full of information from across the country. In our Provincial Updates, we get a snapshot of the history and activities of injured worker groups across Canada. This includes:  Why are groups needed in the first place.  Peer Counseling  Relations with Labour  Successes and Failures  Political Action In the last 7 years, we have seen the number of injured workers groups more than double in Canada. Our groups are getting stronger. They are developing new initiatives to respond to the needs of their members and the changing workers compensation systems. We expect this trend to continue as workers benefits are increasingly under attack. Our challenge is learning to use the tools and resources available to become better organized. We are seeing an increased move to go to the courts to enforce our rights; from a Supreme Court of Newfoundland decision to a class action against an employer in Illinois, to suing an adjudicator in British Columbia. We hope you enjoy this issue and we welcome your comments for future issues. Read on! Table of Contents Projects ................................................2 Provincial Updates ....................... 3 - 11 Letters to the Editor ....................... 12 News & Views ........................... 13 - 15 CIWA Info .......................................... 16 1 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects For more information on any of our projects, give us call at 807-345-3429 INJURED WORKERS … ON THE MOVE SPEAKERS BUREAU This is a manual we developed in 1994-95 to help Injured Workers Groups become better organized. It is a friendly, easy to use tool with includes sections on:  Building a firm foundation - bylaws, constitutions and incorporation  Organizing  Leadership  Planning  Coalitions  Resources One of the ways to expand our membership is to get the word out. This project does just that. “An Excellent resource” Available in both French & English See the enclosed handbook for more details and the presenter nearest you. We have 53 volunteers from all across the country trained to give presentations on “what it’s like to be an injured worker.” We hope to increase the awareness of the barriers and injustices we face. Then to increase the support for our cause. You can help. Arrange for one of our presenters to deliver a presentation at your next local meeting ! Thanks to the HRDC for supporting this project. NEW WEB SITE CIWA/ACVAMT has a new web site at www.ciwa.ca - Check it out!! It is loaded with lots of information about us and lists many local contacts for Injured Workers Groups and the Canadian Labour Congress. Sections of the web site are  History  Objectives  People & Organizations  Projects  Resources  Newsletters  Your Comments  Links Plans includes more development of the site in French as well as regular updates to the newsletter and resources. 2 OFFICIAL LANGUAGES As many of you know, we recently sent out surveys to local injured groups. These surveys were done in a combination of French & English. The purpose of these questionnaires is to figure out which publications/resources are the most useful to you. This will help us focus our energy on the tools and resources you find most valuable. We need your help!! PLEASE FILL OUT THE SURVEY AND RETURN TO US ASAP. THANKS. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance C.I.W.A. Board Members BC... Vacant …………………………………….. AB ... Jim Burke, Calgary Calgary Injured Workers Assoc. SK... Robert Lindsay, Regina Western Injured Workers Society - Sask. MN... Wayne Desiatnyk, Winnipeg Injured Workers Assoc. of Manitoba ON... Joan Crevar, Hamilton Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l‟ATTAQ NF... Phil Brake, Labrador City U.S.W.A. NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Westville Pictou County Pictou County Injured Workers Assoc. PEI... Vacant ADVISORS… Andy King, USWA Orlando Buonastella & Marion Endicott, IWC Provincial Updates: Focus on ORANIZING We welcome your contributions. Please send, fax or e-mail your submissions, letters or comments to us by December 10th, 1998. Injured Workers' Groups …Why Are They Needed? Like many of you, after being injured, I assumed that the WCB, the medical profession and my employer would treat me with respect and fairness. Well, many of us know the answer to that kind of thinking. After losing too much of my life to feelings of anger, bitterness, frustration, uncertainty and fear, I realized that I must make a decision on what I was going to do about the mess I was in. That's where an Injured Workers Support and Information Group came into the picture. There wasn't one in my community so with the help of the Worker Advisor we began to lay the foundation for a group. Yes, there has been some rocky hills to climb, but the benefits for myself and other members have been miraculous. All those clichés you hear about "Knowledge is Power, In Unity There is Strength" are for real. The realization of not being alone is the first benefit from gathering with other injured workers. From there on it just takes off. There are so many people and agencies that are willing to assist and guide you that often you are left filled with emotions. For example, the Ontario Federation of Labor offers free training in regards to WCB awareness and advocacy. You learn about the Act and how to interpret things in your file. Remember, your file is your life and you must realize that the only person who can really help.... is you...! The Ontario Network of Injured Workers Groups coordinates all provincial groups and maintains pressure on the government to recognize the struggles of injured workers and legislate effective changes. The Canadian Injured Workers Alliance provides information and support across the country. With these two major networks behind us, we are beginning to be taken seriously by employers and governments as well as our former co-workers who quite often have had their opinions about Injured Workers. I believe that through the Injured Workers Groups we can create employment for ourselves. There are many areas such as Occupational Health and Safety, 3 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance where we can make an impact. First we must organize and join together to fight for what we are rightfully entitled to. It starts with you in your community, remember you are not alone. Stay Well......Mike Lawson Here is United Injured Workers Web Page...... http://geocities.com/HotSprings/Villa/6904/ Pourquoi avons-nous besoin des groupes de victimes d'accidents et de maladies du travail ? À l‟instar de plusieurs d‟entre nous, à la suite de ma lésion, j‟ai présumé que la Commission des accidents du travail (CAT), la profession médicale et mon employeur me traiteraient avec respect et équité. Plusieurs connaissent la réponse à cette façon de penser. Après avoir gaspillé une partie de ma vie avec des sentiments de colère, d‟amertume, de frustration, d‟incertitude et de crainte, j‟ai compris que de devais prendre une décision sur ce que j‟allais faire du pétrin dans lequel je me trouvais. C‟est à ce moment-là qu‟un groupe de soutien et d‟information pour victimes d'accidents et de maladies du travail est entré dans ma vie. Il n‟y avait pas de tel groupe dans ma communauté ; avec l‟aide d‟un conseiller pour travailleurs et travailleuses, nous avons jeté les bases d‟un tel groupe. C‟est sûr qu‟il y a eu des difficultés majeures à surmonter, mais les avantages pour moi et les autres membres ont été extraordinaires. Tous ces clichés que l‟on entend selon lesquels « savoir, c‟est pouvoir », que « l‟unité fait la force » sont vrais. Le fait de savoir que vous n‟êtes pas seul est le premier avantage de se réunir avec d‟autres victimes d'accidents et de maladies du travail. Le reste se fait tout seul. Il y a tellement de personnes et d‟organismes qui sont prêts à vous aider que souvent vous êtes envahi(e) par les émotions. 4 Par exemple, la Fédération du travail de l‟Ontario offre de la formation gratuite sur la CAT. Vous apprenez au sujet de la loi et de comment interpréter le contenu de votre dossier. N‟oubliez pas que votre dossier est votre vie et que la seule personne qui puisse réellement vous aider, c‟est vous ! Le réseau Ontario Network of Injured Workers Groups coordonne tous les groupes provinciaux et exerce des pressions sur le gouvernement pour que celui-ci reconnaisse les luttes des victimes d'accidents et de maladies du travail et pour qu‟il légifère des changements réels. L‟Alliance canadienne des victimes d'accidents et de maladies du travail fournit de l‟information et du soutien partout au pays. Grâce à ces deux importants réseaux, les employeurs, les gouvernements, ainsi que nos ex-collègues de travail (qui très souvent avaient leur opinion sur les victimes d'accidents et de maladies du travail) commencent à nous prendre au sérieux. Je crois que par l‟entremise des groupes de victimes d'accidents et de maladies du travail, nous pouvons créer des emplois pour nous. Il y a beaucoup de domaines — comme la santé et la sécurité au travail — dans lesquels nous pouvons faire une différence. Premièrement, nous devons nous organiser et réunir nos forces pour nous battre pour ce qui nous revient de droit. Tout cela débute par vous au sein de votre communauté. Rappelez-vous que vous n‟êtes pas seul. Portez-vous bien ! Mike Lawson Voici l‟adresse du site Web de United Injured Workers : http://geocities.com/HotSprings/Villa/6904/ �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance YUKON are actively searching to regain some of the strength lost by our gains, the Workers Advocate position. The injured workers group in the Yukon is called the Yukon Injured Workers' Alliance, founded by Robbie King in 1993. Mr. King, after having a significant injury while at work, followed by poor BRITISH COLUMBIA treatment at the hands of WCB, was lucky enough to attend an injured workers meeting in Edmonton while on holidays. After that meeting, having seen the need for a similar group in the Yukon, he contacted and got assistance from CIWA and Yukon Injured Workers' Alliance was formed. Based on the size and population of the Territory having one group based in Whitehorse was the best solution. With the help of CIWA, the group organized quickly and expanded membership rapidly. Some early successes and positive media attention helped the group grow in credibility and numbers. The group was aided by both opposition Parties at the time, the NDP and Liberals. When the election was called in 1996, the group actively canvassed all the politicians running with regards to their stance on WCB issues. The strength gained by the group through positive media relations provided for favorable responses and electorate knowledge of our issues. We still don't have very good relations with the Board as they dislike being questioned and having to answer for their actions. The method we have used extensively is through the media and questioning our MPP's. Some of the current problems facing the Injured Workers Alliance are our relations with Organized Labor surrounding who should be worker representatives on the Board of Directors. We also have a problem with the Workers' Advocate, not in a bad way. He has been successful and some of our members are moving on. It is also giving the Board and Politicians a way out "go see the Workers Advocate" or "have you talked to the WA yet". While he is independent of the WCB (in the Justice Department) he is still a Government employee and won't openly criticize the Board in the media. We July 24, 1998 one of our injured workers tried unsuccessfully to sue her adjudicator in Provincial Court. Of course, Section 96(1) reared it‟s ominous head. However, I believe that Judge H. Stansfield provided us an answer within his decision. He wrote, and I quote, “Unless and until the legality or Constitutionality of Section 96(1) is before the Court - and by that I mean properly before the Court in a proceeding in which notice to the Attorney General has been given under the Constitutional Questions Act - Section 96(1) is the “law of the land” If Ms……….. disagrees with that law, her remedy, like that of any other citizen is to promote a change in the law.” We are presently looking into this. As you are aware, Section 96(1) appears in all WCB legislation, Canada wide. This could help us all. We have planned our September 30th meeting, with guest speaker Carey Vienette, a lawyer from Swinton & Co in Vancouver to discuss doing a Class Action lawsuit against the WCB. Karie Hay RORY Group ALBERTA There are 9 groups in the province which include Alberta Injured Workers Society Edmonton (AIWS), Leduc Injured Workers Society (LIWS), Lethbridge and District Association of Injured Workers (LDAIW), Red Deer Injured Workers Association (RDIWA), Calgary Injured Workers Association (CIWA), North American Chronic Pain Association of Canada Calgary (NACPAC), Provincial Injured Workers Coalition Society Edmonton (PIWCS), 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Airdrie Injured Workers Living with Disabilities (AIW and FM/ME) First Step and Beyond Calgary. They do not belong to a coalition. They are all separate entities. At present they are all working together under the AIWG Alberta Injured Workers Groups as one. There may be several more groups out there, but locating some of them is difficult. Some don‟t want to be found for fear of reprisal from the WCB. Also there is talk of groups reorganizing as they have heard CIWA is now present in Alberta. The Alberta Federation of Labour called for a meeting of all the Injured Workers group leaders in the province. They wanted to set up a more solid relationship with injured workers and decided they needed an individual who would be elected as a liaison to better deal with issues involving the WCB. The biggest success to date is coming together and sharing the wealth of information each group has collected over the years. Most of the problems encountered in organizing groups in our province were trust, where to hold meetings, finances and locating all the injured workers groups within the province. In order to address these issues we decided that trust is something we all had to work on. Meetings would be held halfway in the province. Aid in finances from our labour organizations, as well making our government aid in finding these injured worker groups through the media. The main priority in Alberta is reinstatement of our injured workers, support and to establish a better, fairer process at the WCB. All injured workers in the province want to have the Government of Alberta hold a public inquiry into the abuses at the WCB. Activities have consisted of demonstrations as well rallies and gathering some of the groups for outdoor parties or potluck lunches so everyone could discuss their battles or similar circumstances. 6 Number one point to be made in organizing is patience and having everyone involved to keep the interest within the group. The second thing is putting out the message that such organizations exist to aid people in need. The relationship between Injured Workers and the WCB is very poor in Alberta. Mistreatment, abuse, lies, very slow in payments to long term claimants, unjust denial of claims and benefits terminated with very lame excuses are reasons for a lack of trust. Tips would be to advertise. Get the word out about your group - set committees in motion, do fund raising, setup bylaws & constitutions and put leadership in place. Robert‟s Rule is a great help for anyone just starting out as well as Benoit rules of order, Canadian addition. Jim Burke SASKATCHEWAN In our Province of Saskatchewan we have an injured workers group called the Western Injured Workers Society. We only deal with WCB matters and helping injured workers do advocacy work in regards to Appeals & Board Hearings as well as assisting injured workers and their families as a support group. This is the provincial organization. We had joined together with the “victims of no-fault auto insurance” and organized the Voice of the Blue Rose in 1997. Unfortunately we have found out through internal problems that we must pull away and concentrate only on injured workers, as trying to represent multiple disabled persons only causes confusion amongst the organization. We felt that by trying to represent too many different areas that none of them were receiving proper representation. So we organized the Western Injured Worker Society (SASK) only to represent injured workers and WCB matters. Some of the successes we have had are the recognition from Unions, and SFL (SK Federation of Labour). We have been very successful at solving �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance injured workers claims with WCB and have a very good rapport with WCB. We also have the disenfranchised widows as part of our organization. Some of the problems we have with organizing the group is funding. We now hope the Union support we have may help us with that. We have gone out to employers and unions and presented ourselves to them. We explained our objectives and goals, and showed them what we do for injured workers. We informed them of our future goals in regards to helping the injured workers and educating the public on problems they may encounter if they were to be hurt on the job. This was very successful and very well accepted. We are now looking forward to donations, such as office space, office supplies, and possibly funding. Some of the lessons we‟ve learned in organizing a group is you must not become too diversified. You must concentrate on one area and do the best you can to represent injured workers. Concentrate a little more on a support group. Master all policies and legislation in regards to WCB. Our relations with WCB are very good. They recognized our organization, which only represents injured workers. We have no problem going to WCB and negotiating an individual‟s claim. We think organizing your group is showing support to the injured worker: by being honest, understanding, caring and straight forward with injured workers, by not leading them on that you are a miracle worker. There is no guarantee you can win their case. Be organized, be strong and stay focused. Show and tell everyone that the injustices done to injured workers must be addressed. The WCB and government must become accountable. MANITOBA Manitoba has only one group, which is the Injured Workers Association of Manitoba Inc. The IWAM has, on several occasions over the past few years, endeavored to organize other groups throughout the province. We had a team go out to six urban communities to assist in setting up injured worker groups. One of the biggest stumbling blocks with respect to organizing is that injured workers are more focused on their own personal case, rather than the formation of an injured workers group which would assist them and others who are enduring the same type of circumstances. Our relationship with the WCB in Manitoba is fairly good. The office for the Injured Workers Association of Manitoba was re-established, and has been back in operation since April „98. The emphasis was on providing advocacy services in the past and although IWAM still provides this service, the main emphasis has been placed on peer counseling. Since we started in April, we have printed and circulated brochures around the city. Information was collected from other agencies in the city, in regards to the services they provide, and are used as a referral base. As of April 15th, the WCB began to refer clients to IWAM. Since that time the numbers of clients have been steadily increasing. As stated, the objective of the program is to provide peer counseling to injured workers. The counselor assists workers to deal with the psychological ramifications of their injury and to provide support. In addition, the worker is assisted to return to work through a variety of means. Referrals to agencies that are already providing employment services are utilized, while other services are provided in house. Of the callers that we have had to date, the major concern is their financial status and their ability to 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance continue working. The injured worker generally has a considerable amount of information to comprehend and accept. Many are confused as to how all things fit together and how it will effect them in the future. Whether or not this information is given to the client by WCB, they sometimes require that it be given to them several times before they fully comprehend or sort out the details. In over 80% of the calls, the clients are in a state of crisis. In general, most of these callers are able to talk out their concerns and re-evaluate their situation to a point where they are no longer in crisis. Once they have talked out their situation, options are suggested to them or referrals are given to the client to assist them. The clients are presented with options in order to empower them to make choices that they feel best suit their needs and to take control of their own life. In order to evaluate whether the clients are satisfied with the service, or that there is a need for this type of service, statements and their sincerity denoting satisfaction are noted. In summary, many callers felt they had no one to talk to about their situation. Others felt that no one was listening to them and they had to deal with everything on their own. Many callers were very appreciative for our listening to them when they felt they were just rambling on. When callers did make a positive comment, it was said with considerable sincerity. The peer counselor position allows callers to vent their frustrations and to re-evaluate their situations in a safe and constructive manner. This helps to alleviate unfortunate situations, whereby individuals feel their situation is hopeless or situations where threats are uttered against ones own life or others. In summary, providing injured workers with a place to talk out their concerns, fears, and to provide them with support, alleviates many of the frustrations that are encountered when one is injured. As the number of clients increase, the types of services provided by IWAM can also increase to meet the needs of the injured worker. IWAM looks to the future to assist injured workers and help them regain their lives. Wayne Desiatnyk 8 ONTARIO There are approximately 34 active groups in Ontario who belong to the Provincial Network. There are other injured worker groups in our province but are fee for service, which is against the Ontario Network of Injured Workers Group‟s (ONIWG) Constitution. The ONIWG was formed in 1990 with about five groups. During the struggle over Bill 162, we expanded every year through organizing by our vice presidents and president. This was very controversial with the government at that time. Our successes are many. (1) Working together, (2) Seminars, (3) Trained advocates, (4) an Annual Conference, (5) Support from the local groups. Some problems do arise with some groups, mainly because there are people who have differences of opinions or feel, because they are president or on the executive board, they own the group. You must keep your members involved. The ONIWG has always had a fair relation with the WCB and is still ongoing. The ONIWG top executives speak on behalf of all injured workers groups at the Board. To organize an injured workers group you must get other groups involved such as Legal Clinics, or other advocates, activists, labour and injured workers. Advertise a town meeting and ask these people to cover the associated costs of holding a public meeting. When word gets around, you will succeed. Joan Crevar QUEBEC As it is often the case, the injured workers‟ groups in Québec got together when faced with an attack on their rights from the CSST (Québec WCB). It was in 1981 that they felt the need to regroup in order to coordinate their struggle and that ATTAQ, our provincial network in Québec, was founded. At that time ATTAQ regrouped 12 injured workers‟ groups. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Since then, most injured workers groups remained poor, 2 of them disappeared, while others were able to develop. Our provincial network allowed for weaker organizations to be in touch with stronger ones and to benefit from their experience that all were quite happy to share. After working on the funding issue for many years, most injured workers‟ groups in Québec now have enough funding to hire at least one person full time. We are now faced with new challenges in organizing since the reality of many ATTAQ members has changed with the funding obtained. That is why ATTAQ will visit all its member organizations in the province while meeting with 2 new ones that wish to join our network. The strengthening of our member organizations will be the big task of the year to come and an important one. In effect, we will need strong injured workers‟ groups in the near future since the government has announced its intention of reducing our benefits as well as the coverage offered by the compensation system in Québec. Workers group. To my knowledge, these groups do not hold regular meetings. EDMUNDSTON AREA The one group that was active in this area, the North West Injured Workers Association, was chaired by an injured worker that started his own business. He started a consulting firm that would represent an injured worker when they had to deal with the WHSCC, for a fee. The last I heard of this group was that they too were not having regular meetings. SAINT JOHN AREA In the time that I have been active, Saint John has had three injured workers‟ groups. The most recent group meets irregularly and sometimes only has executive members present. Injured workers‟ represented by this executive, union activists or the Worker‟s Advocate regularly fight with the Commission for what they are entitled to. MONCTON AREA Liane Flibotte ATTAQ NEW BRUNSWICK Over the years, New Brunswick has had numerous injured workers‟ groups start but fold after a short time. How many active groups there are at present is a difficult question to answer. But let me try. The Workplace Health, Safety and Compensation Commission (WHSCC), formerly WCB, divides their operations into four (4) regions around the province: North East (Campbellton, Miramichi area), North West (Edmundston area), South West (Saint John area) and South East (Moncton area). I‟ll use their geographics to relate to the injured worker‟s groups around the province. CAMPBELLTON, MIRAMICHI AREA This area had two active groups at the same time: the Acadian Peninsula and the Campbellton Injured In the past, injured workers were represented by union activists. Presently, a new group is trying to establish itself. We are hoping for more success this time. New Brunswick has no provincial organization or coalition. Why no truly active local groups? Why no provincial organization? I believe lack of organizational skills is to blame. I‟m not saying this is deliberate. I believe that those who have attempted to help others were doing so for all the right reasons. Their down fall is due to the fact that organizational resources were not readily available to them. If they were, continued support wasn‟t available. The Workplace Health, Safety and Compensation Commission (WHSCC) of New Brunswick, is well established in the province. Policies and directives are in place; legislation is amended from time to time; and operational funds are constant. The 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance WHSCC is constantly changing. It is difficult, anytime, to be fully familiar and informed about the legislation. On the other hand, injured workers‟ groups are disorganized, not structured, constantly trying to finance their activities and, just like any normal household, they end up fighting amongst themselves about money. No money, no meeting hall; no money, no supplies for a newsletter, etc. I have also noticed that some injured workers will no longer be active once their issue is resolved with the Commission. Why? I don‟t know! However, I do know that it is time to establish a provincial organization. An organization by its very structure that will survive over time and support those injured workers, and their families, when they are in need, whatever that need might be. Wendy McGee NEWFOUNDLAND ORGANISER DES GROUPES DE VICTIMES D‟ACCIDENTS ET DE MALADIES DU TRAVAIL À Terre-Neuve et au Labrador, il y a trois groupes qui aident les victimes d'accidents et de maladies du travail à obtenir leurs droits en vertu de la Workers‟ Compensation Act (loi sur les accidents du travail). Deux de ces groupes sont situés dans l‟île proprement dite et le troisième se trouve au Labrador. Bien que nous soyons trois groupes distincts, nous collaborons ensemble dans la mesure du possible, nous partageons des renseignements sur différentes questions a mesure qu‟elles se présentent. La NLIWA a été fondée en 1993 et s‟est développée en neuf sections à travers la province ; elle appuie les victimes d'accidents et de maladies du travail dans leur lutte pour obtenir un système d‟indemnisation des travailleurs et des travailleuses qui soit juste et équitable. Nous avons présenté plusieurs demandes à la Workers Compensation Commission ainsi qu‟au gouvernement dans le but 10 d‟améliorer le système. Certaines de nos recommandations ont été acceptées sous forme de modifications dans les politiques, lesquelles se sont avérées positives pour les victimes d'accidents et de maladies du travail. Le mandat de la NLIWA est d‟améliorer considérablement le système d‟indemnisation des victimes d'accidents et de maladies du travail et de leurs familles. Pour atteindre cet objectif, nous avons entrepris d‟exercer des pressions sur notre gouvernement afin qu‟il opère des changements législatifs ; nous avons rencontré des dirigeants de la Commission pour discuter des problèmes des victimes d'accidents et de maladies du travail. Comme n‟importe quel groupe, nous avons connu des difficultés de croissance, mais grâce à d‟autres groupes qui ont l‟expérience de l‟organisation, nous sommes aujourd‟hui autonomes et bien structurés. Nous profitons toujours d‟un bon réseau de soutien pour y puiser de l‟expérience au sujet des nombreuses questions qui nous assaillent dans nos relations avec la Commission. Notre conseil à n‟importe quel groupe qui éprouve des difficultés à s‟organiser, c‟est d‟être patient et d‟apprendre par ses erreurs et de profiter de l‟expérience des membres syndiqués, de la communauté juridique, des gestionnaires du gouvernement, des groupes d‟invalides, de Développement des ressources humaines Canada, ainsi que d‟autres organismes au sein de sa communauté. Austin Haynes ORGANIZING INJURED WORKERS' GROUPS In the province of Newfoundland and Labrador there are three different groups up and running helping injured workers fight for their rights and entitlements as prescribed by the Workers' Compensation Act. Of these groups two are on the island portion of the province and the third is in Labrador. Although we are different groups, we work together when possible. We share information with each other on issues as they arise. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance The Newfoundland and Labrador Injured Workers Assoc. (N.L.I.W.A.) was formed in 1993 and has since grown to have nine chapters across this province helping injured workers in their struggle to have a fair and balanced system of Workers Compensation. We have put many requests to the Workers Compensation Commission and our Government to improve this system. Some of our recommendations have been approved by way of policy changes that were positive to injured workers. N.L.I.W.A.‟s mandate is to have a much improved system of Compensation for injured workers and their families. In trying to achieve this goal, we have taken on the task of lobbing our Government for legislative changes. This includes meeting with officials from within the Commission to discuss the concerns of injured workers. As with all groups, we experienced growing pains, but with the help of others who have experience in organizing we are today self - supporting and well organized. We still have a good support network of people to draw experience from concerning the many issues that we encounter in our dealings with the W.C.C. Our advice to any group who are having problems in getting organized is to be patient and learn by your mistakes and draw on the experience of union members, the legal community, government officials, disability groups, H.R.D.C., and others from within your own community. Unfortunately, far too often the local group will begin to go downhill and eventually folds. This is due to two main reasons. 1) Internal conflict 2) Burnout of leadership These are some of the challenges faced in Nova Scotia. This past year, injured workers got national media attention during a sit-in in the Premier‟s office. This increased the public awareness of the problems faced by injured workers. PRINCE EDWARD ISLAND In the past year, we have been in touch with two new injured workers groups on Prince Edward Island. This is our first contact on the Island and we hope the groups there grow and prosper. Want to get involved ? To connect with the injured workers group nearest you, check out our website at www.ciwa.ca and click on people and organizations. Or call the office at (807) 345-3429. Austin Haynes NOVA SCOTIA Organizing injured workers groups in Nova Scotia has had it‟s ups and downs, much like other regions of the country. Injured worker groups have surfaced in many communities across the province. Some grow and become active in their local communities. As well, they have lobbied Politicians and the WCB. 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Letters to the Editor Dear Editor: think of Bill 99, and all the other cuts to those in need. "NEVER GIVE UP". For five years, one of our group members has gone through the stressful hassle with WCB. From phone calls, faxes, answering machine calls …………not returned. Letters, repeated doctors visits ,lost reports, misplaced information, "YOU NAME IT", she went through it all. Our group supported her all the way. What a wonderful day it was when she heard from the OWA, she won her appeal. I hope this will give others "hope" "YOU TOO CAN WIN". Lily Bergman Kenora Injured Worker Group . ps Congratulations on your Newsletter. It is great reading for injured workers, Contact the Ottawa and District Labour Council at 613-233-7820 for more info. Doug Perrault President ORGANIZING ON THE NET As we grow more comfortable with the internet, we will be learning new skills and acquiring new tools. These may have a tremendous potential for organizing; for including more people; for broadening the discussion. We will need to share our successes with each other so we can fulfill this potential. One of the ways to do this is through injuredworkers.online. Dear Editor: Great site! (Referring to the new CIWA/ACVAMT website) Just to let everyone know, the Ottawa and District Labour Council's Labour Day Parade, held on Sept 7th, had a trophy awarded to the best float or entry. The Ottawa & District Injured Worker Group won 1st place. Pictures will be sent if you can publish on your site. injuredworkers.online is a new website coordinated by a group of injured workers, union activists and community legal clinics based in Toronto. The O.W.A. is inviting all area groups to a meeting with Ministry of Labour Staff to discuss the OWA‟s continuing role in relation to injured workers. We need as many ( free) advocates to help as we can get. I suggest presenters keep that in mind. Join injuredworkers.online by sending the message (not in Subject line) subscribe injured -l and your email address without the brackets. Those who can, plan to be in Ottawa on Oct 17th. Mike Harris is having his pre-election Tory convention and we want to let him know what we 12 Check it out. Send message to: majordomo@list.web.net �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NEWS & VIEWS Campaigns of the Ontario Federation of Labour The 1995 OFL convention set in motion a 'Fight Back' campaign to counter the regressive policies of the current provincial government under Premier Mike Harris. The Campaign is a combination of action, education and grass roots mobilization. Organize new members to protect as many workers as possible from the Harris agenda. Make it a priority for unions to affiliate to labour councils and the OFL, with an emphasis on the participation in labour councils of key local union leadership. Educate and mobilize local activists, work with labour's community partners across the province. Affiliated unions will meet with their employers and deliver a clear message that employers cannot support the Harris agenda. Expect harmonious labour relations, regional and provincial strike support committees established, convey to the general public the value of quality public services Pursuing this action plan requires the OFL to work closely with the New Democratic Party of Ontario, its caucus members and riding associations. Building links with community groups opposed to the Harris agenda begins with our political partners, without whom most of the gains we are struggling to defend would not have been achieved in the first place. Wayne Samuelson, President, O.F.L Telephone: 1-416-443-7678 …………….………………………………… MIKE HARRIS GOODBYE PARTY OTTAWA, OCTOBER 17 …………….………………………………… Mike Harris will attend his last Tory policy convention as Premier, October 16 - 18 in Ottawa. This is the final policy convention before a provincial election expected in the spring. Activists in the Ottawa area are working with the Ontario Coalition for Social Justice, the Canadian Federation of Students and the OFL to organize a fitting GOODBYE to Harris and his cronies. "This is an opportunity to remind the Tories and the provincial media about the damage this government has done the most vulnerable people in our province, " said OFL president Wayne Samuelson. "People who care about Ontario have got to make their way to Ottawa to bid Harris goodbye ……. And good riddance!" Mark your calendar now to be in Ottawa on Saturday, October 17. TOOLBOX OF BARGAINING RIGHTS The Canadian Labour Congress (CLC) has created a new resource for union activists and workers’ compensation advocates. They have collected copies of actual contact language covering the areas of:  health and safety  environment  labour standards  the duty to accommodate  workers’ compensation There are a number of examples of good language that you can use in the next round of negotiations. Also included is a model checklist which can act as a guide for negotiators. You can order the toolbox or get more information from Amber Hockin at the CLC (613) 521-3400. 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Newfoundland Supreme Court Decision There was a recent Supreme Court of Newfoundland decision in which an injured worker and his wife were successful in suing the Workers‟ Compensation Commission for mental suffering. This resulted in a total settlement of almost $100,000. Copies of the 55 page decision are available for $10 from the CIWA/ACVAMT office. Media know-how Learning To Live With Editors Editorial line-ups Periodicals have editorial calendars, writers‟ guidelines, readership profiles for advertisers. Study these and back issues. Editorial fit, good writing and readership relevance will interest an editor. Canadian Periodical Index The Canadian Periodical Index lists stories from hundreds of periodicals, showing title, publication, issue, date, page reference. Study it for keywords and to see how stories have played. (ISSN 1192-4160) Response Time A journalist may need to play voice mail tag with twenty sources, do a dozen phone interview, draft and polish a 2,000 word story … for a oneweek deadline. Return all media calls within 20 minutes. You‟ll make friends. Contact Log Start a sheet on every story: Create date/time, journalist, paper/station, phone, fax, Email, topic, approach to story, also contacting, 14 Ontario Network Of Injured Worker Groups Provincial Conference The Ontario Network of Injured Worker Groups (ONIWG) is holding it‟s 8th Annual Conference in North Bay, Ontario from October 21 - 25, 1998. The focus of the conference is ……..Preparing for the Future”. For more information phone Francis Bell at: 1 807-622-8897 To Register phone Joan Crevar at: 1-905-387-1894 deadline, run date section/program, action, date, time, person, comment. Use it to stretch your goals in being responsive. Co-ordination The benefits of coordinated media relations are: response time fast, story lines identified, background information available, the right spokespeople involved, people and locations prepared, approvals determined, PR counsel available. In-depth interviews Imagine a conversation where the other person is pulling written sentences out of a hat. When you generate media interest, you should be prepared to do in-depth interviews. Genuine leather has crease, grain, character. You can be both real and positive at the same time. You‟ll gain credibility. Al Czarnecki APR is president of Al Czarnecki Communications (416) 261-9828. You can find more resources relating to public relations and social marketing on his World Wide Web site www.web.net/alcom. Thanks to Sources for this article. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance OCCUPATIONAL CANCERS WCBs Compensate Few In 1995 there were 16,400 cancers in BC. In 1995 the BC WCB accepted 15 cases of occupational cancer, or less than 0.1% of all cancers in the province. In 1997, the figure was only 8 cancers accepted. Even a conservative estimate of 10% of all cancers being work-related (which we dispute) would show that 1,640 cancers should have been accepted by the WCB. What is the figure for your province? If you don‟t know, contact your provincial Workers‟ Compensation Board (in Ontario now called WSIB), and ask them. “One of the reasons Boards don’t accept more cancer claims is because we don’t file them,” explained CAW National Representative and Board of Director of Manitoba‟s WCB, Karen Naylor, at the June CAW Occupational Cancer Claims Conference. Local 1959 President, Harold Whitson, has taken a lot of initiative in this regard by uncovering 34 cases of cancer, possibly work related, among his members who work at the Windsor salt mine and production facility. Bros. Whitson has submitted their names to the Ontario WSIB and will follow up with additional information to attempt to establish claims for the members or their families if the member has passed away. INJURED WORKERS GO TO COURT A group of injured workers in Illinois have gone to court to regain their jobs following injury. The Court decided: “The plaintiffs in this case represent a class of individuals who sustained permanent injuries while working on the production line of a meatpacking plant owned by the Excel Corporation (“Excel”). These permanently restricted employees sought to continue working for Excel in their original jobs or in some other capacity but were placed on medical layoff and eventually were terminated. They filed their complaint as a class action, alleging that Excel‟s unfair employment practice of laying off and terminating its employees because of their disabilities violated the Americans with Disabilities Act (“ADA”), 42 U.S.C. sec.se.121010-213. The district court granted Excel‟s motion for summary judgment; the plaintiffs timely appealed. For the reasons that follow, we reverse the judgment of the district court and remand the case for proceedings consistent with this opinion.” - Decided: August 28, 1998 If you know of someone in your workplace who has contracted cancer as a result of his or her work, make sure your local union officers and WCB or benefit rep knows about it so a claim can be filed. If you need medical evidence in support, ensure that an occupational health clinic doctor is able to see the individual or their worker‟s family Reprinted from the CAW Newsletter. 15 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance C.I.W.A. / A.C.V.A.M.T. Phone: Fax: Fax E-Mail 807-345-3429 807-768-7240 807-344-8683 ciwa@norlink.net P.O. Box 3678 1201 Jasper Drive Thunder Bay, Ontario. P7B 6E3 URL www.ciwa.ca THE CANADIAN INJURED WORKERS ALLIANCE L’ALLIANCE CANADIENNE MALADIES DU TRAVAIL SPECIAL THANKSDES TO VICTIMES D’ACCIDENTS ET DE Editor’s Note is supported by people like you. This newsletter is intended to share and SHEL/DON REPRODUCTION CENTRE LTD. exchange HELP !!information only. The views 936 Tungsten Street WE NEED YOUR and opinions expressed here are those Thunder Bay, ON. P7B 5Z6 of the individuals or groups makingwe the Your contribution goes towards office rent, telephone, printing and postage. The “Project Funding” submission. We take no responsibility forreceive their assistance printing newsletter. from the in federal andour provincial governments does not cover these basic operating costs. for their accuracy or opinions. Please Subscribe Name: ________________________________________ Address: ________________________________________ Date: ________________________________________ Postal Code: ___________________ __________________ Fax: ________________ E-MAIL: Phone: ___________________ ___________________ Newsletter Subscription: Injured Worker / Unemployed $ 5.00 $ _____________ Individuals Organizations Donation $ 10.00 $ 15.00 $ _____________ $ _____________ $ _____________ $ =========== Thank You for your 16 SUPPORT: � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Fall 1998 Description An account of the resource Articles about Injured Workers' Groups needed; Provincial updates on Injured Workers' Groups. "Injured Workers...On The Move" resource; Speakers Bureau; Survey for CIWA; Letters to the Editor: Injured Workers' Group success, OWA and Ministry of Labour meeting. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 1998 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English, French Type The nature or genre of the resource Text Subject The topic of the resource Labour and Labour Unions