1 10 22 https://digitalcollections.lakeheadu.ca/files/original/4bc33529d1bd849b916d42061ac49709.pdf d32dff8f50950bc9a5fbea4ebb6fc0c7 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Inside ….. CIWA/ACVAMT Contacts ......................................................... 2 BC-WorkSafe Policy Decision .................................................... 3 SK ........................................................................................... 3 MB, Prevention ........................................................................ 3 ON, Medical Marijuana ............................................................. 4 ON, WSIB Blamed for Death ..................................................... 4 NS, IW‟s call for Rights ............................................................. 5 QC, Chronic Pain ...................................................................... 6 NL, Day of Mourning ................................................................ 7 ON, Ron Ellis Award ................................................................. 8 QC, News Releases .................................................................. 9 ON, Pain Explained................................................................. 10 Miscellaneous ........................................................................ 11 CIWA, About ......................................................................... 12 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail P L E A SE HE L P … … … … S U B S C R I B E T O D A Y ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ ________________________________ Postal Code ________________________________ Phone ________________________________ Fax ________________________________ E-Mail ________________________________ Web Site ________________________________ ________________________________ Newsletter Subscription: Highlights is published 4 times per year Injured Worker/Unemployed $ 5.00 _________ Individuals $ 10.00 _________ Organizations $ 15.00 _________ Donations $ _________ Total $ _________ CIWA THANKS YOU for Your SUPPORT Editor’s Note This newsletter is distributed via email, fax, or mail to CIWA/ACVAMT members and groups with an interest in injured worker issues as resource tool to share and exchange information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or for their opinions. You are welcome to share and distribute this newsletter with others that are interested. It is also available on our website at www.ciwa.ca. PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… SK ... Robert Lindsay, Regina Western Injured Workers Society President ... Secretary … Treasurer … NS... Dave MacKenzie, Westville Pictou County PEI ... Leonard J. Crawford, Summerside ON ... Gerry Landry, Thunder Bay Ontario Network of Injured Worker Groups AB... Sherri Scott, Fort MacMurray NL... Clive Hamilton, Labrador City Rob Lindsay Leonard J. Crawford Dave MacKenzie ADVISORS… Vincent Boyce, Injured Worker, Manitoba Andy King, U.S.W.A. Lynn Shaw, University of Western Ontario Patti MacAhonic, BC Injured Workers and Survivors Education Association STAFF… Phil Brake, National Coordinator Monika Wiitala, Office Manager L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL CANADIAN INJURED WORKERS ALLIANCE 1201 Jasper Drive Thunder Bay, Ontario. P7B 6R2 Phone: 807-345-3429 Fax: 807-344-8683 Page 2 email: ciwa@vianet.ca Toll Free: 1-877-787-7010 Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL REPORTS BRITISH COLUMBIA http://www.worksafebc.ca/regulation_and_policy/policy_decision/board_decisions/2008/march/default.asp Policy decision finalized at the March 2008 WorkSafeBC Board of Directors meeting The following resolutions were finalized by WorkSafeBC's Board of Directors in March 2008. For information about the function and mandate of the Board of Directors, please see Governing Structure. (http://www.worksafebc.ca/about_us/governance/default.asp)    Policy Amendments Regarding an Enhancement to Experience Rating to Address Impact of Change in Minimum Size Criteria for Rate Groups on Experience Rating (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#6) Section 251 Decision – Loss of Earnings (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#1) Policy Amendments regarding Average Earnings and Exceptional Circumstances (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#2)    Amount of Disfigurement Awards (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#3) Policy Amendments Regarding an Enhancement to Experience Rating – The Excess Cost Surcharge (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#4) Revised Effective Dates for Approved Policy Packages (http://www.worksafebc.ca/regulation_and_policy/p olicy_decision/board_decisions/2008/march/default. asp#5) SASKATCHEWAN An excerpt from “A Voice of Our Own”, Vol. 26, Iss. 2 With a new government in the Province of Saskatchewan, Donna Harpauer, Minister responsible for Disability Issues has made her priorities as children first and disability second. The new government also recognizes the importance of Community Based Organizations, so an increase to some cored funding is expected. The Council of Canadians with Disabilities received over 7,000 requests for assistance, ranging from advocacy, information/referral, research, income, and CPP Disability. MANITOBA Prevention The Mandate for Prevention Every year more than 35,000 Manitoba workers suffer injuries and illnesses at workplaces covered by workers compensation. On average, some 20 workers lose their lives at work each year. Five years ago, Manitoba had the highest time-loss injury rate of any jurisdiction in Canada.* We believe each incident of work-related injury and illness represents an opportunity for prevention. Since then, Manitobans have become increasingly aware that workplace injuries and illnesses are indeed preventable. It is becoming socially and morally unacceptable to maintain unsafe workplaces. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail The shift in social attitudes toward workplace safety and injury prevention has been part of a process. The first step began in 2001 and 2002, when the Government of Manitoba commissioned a major review of workplace safety and health in Manitoba. As a result of that review, the Government directed the WCB and the Workplace Safety and Health Division of Manitoba Labour and Immigration (WSHD) to assume joint responsibility for injury prevention and to achieve a 25 percent reduction in the time-loss injury rate over five years. The WCB and the WSHD launched an ambitious and successful injury and illness prevention strategy that in three years has achieved a 19 percent reduction in the time-loss injury rate.** … each incident of work-related injury and illness represents an opportunity for prevention. Yours Truly Vincent Boyce Advisor / CIWA ONTARIO Medical marijuana covered by WSIB The Workplace Safety and Insurance Appeals Tribunal has recently allowed that medical marijuana is covered by the compensation system. The injured worker must have a Health Canada card authorizing possession. The payment will be made regardless of where the marijuana is purchased and thus without the need for receipts. It will be paid for the amount indicated by Health Canada, and it will be paid at the rate that Health Canada charges. The decision can be found on the WSIAT website where all decisions are published. It is number 2335 06R dated July 8th, 2008. The neutral citation is 2008 ONWSIAT 1890. Marion Endicott WSIB Blamed for Man's Death May 10, 2008 (This story was first reported by Darrell Powell on the April 28th Day of Mourning radio special Also see August 2008 US Court decision Workplace Stress Ruled Compensable) http://www.ciws.ca/articles_us_stress_compensation.htm Stress of fight to prove injury claim blamed for man's death Globe and Mail, KATE HAMMER http://www.theglobeandmail.com/servlet/story/LAC.2008 0510.INJURED10/TPStory/TPNational/Ontario The doctor who performed the autopsy told his family that Jeff Thompson died of a bleeding ulcer due to severe stress. But according to those who knew him, Mr. Thompson was killed by the Workplace Safety and Insurance Board. While working for a cable installation company, Mr. Thompson injured his right knee in 2004 when he slipped and fell. He never fully recovered, and spent the few remaining years of his life nearly completely bound to his North Middlesex County home, arguing his workers compensation claim with the board. Mr. Thompson's family received notice Monday that the WSIB will pay his burial expenses. However, it remained unclear whether it will accept any liability in his death, or address concerns his family has raised Page 4 about how injured workers are treated throughout the claim process. "I don't want other families to go through this, I want to be able to show that my brother had a legitimate injury and nobody needs to be spoken to and treated the way he was," said Colleen Mathers, Mr. Thompson's sister. The family has requested an inquest, and has been waiting for the WSIB to release his files since his death on Feb. 10. John Slinger, chief operating officer of the WSIB, said that it is against board policy to discuss individual cases publicly, but that he couldn't recall any cases in which the board was held responsible for the death of a worker due to stress. According to advocacy groups, injured workers often suffer from depression and anxiety associated with the difficulties of filing a compensation claim. The �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance extensive paperwork and medical documents required provide tools for board adjudicators to identify fraud, but can also discourage legitimate claims and distress workers who are vulnerable. Data collected by the Ontario Federation of Labour indicate that the percentage of claims that are abandoned has more than doubled over the past 15 years. "It's a huge shock to them how much they're distrusted, and even more than that, there's nothing they feel they can do to advance their cause because even their family doctor won't be listened to in many cases," said David Wilken, a staff lawyer for the Industrial Accident Victims Group of Ontario. As the pain in Mr. Thompson's knee persisted, and he was unable to stand, sit or sleep comfortably, his WSIB adjudicator threatened to stop his benefits. "It became all he would talk about," Ms. Mathers said. "He went crazy trying to prove himself, to prove his pain. We became really worried about him." The adjudicator threatened to end his benefits when Mr. Thompson didn't comply with the "labour market re-entry plan," which required him to attend classes in London, 120 kilometers from his home. Mr. Thompson was taking morphine daily, and found that driving aggravated his pain. Ms. Mathers said her brother filed forms and doctors' notes to support his claims that he wasn't well enough to drive or attend classes, but that his adjudicator continued to threaten to cut or remove his benefits. The burden of defending the severity of his injuries and the financial strain of living off his shrinking benefits seemed to age her brother overnight, she said. The day after Mr. Thompson died, a letter from the WSIB arrived at his home. It was notification that his benefits had been cut by 50 per cent. "That would have killed him just to have seen how little he was going to get," Ms. Mathers said. Also See: http://www.safe-workplace.com/safetyblog/2008/05/stress-of-fight-to-prove-injury-claim.html NOVA SCOTIA Injured Workers Call On Business, Organizations, like CFIB Injured workers in Nova Scotia and across Canada appeal to the membership of the Canadian Chamber of Commerce and The Canadian Federation of Independent Small Business (http://www.cfib.ca/en/default.asp?l=E) to return to injured workers their rights, that they have had taken away by "your" insurance provider, the Workers Compensation Boards in Canada. We want the right to be treated as every other Canadian citizen is, according to section 15.1 of the Charter of Rights and Freedoms. It makes it easier to understand why politicians in Ottawa do not want to listen to injured workers concers now, when you see a former Elected Cabinet Minister (http://www.chamber.ca/article.asp?id=398#perrin) sitting as the President and CEO of the Canadian Chamber of Commerce. How can anyone consider themselves to be Honourable when they and their association finance these abusive WCB Boards in Canada? Our rights have been stolen away by the businesses that finance this system known as the Workers Compensation Program, through legislation known as the Workers Compensation Act. This legislation places injured workers at a major disadvantage and has resulted in far too many suicides because of the frustration these WCB Boards impose upon us. The WCB system is a denial program, forcing many injured workers into poverty. In the weeks ahead, I will explore the cause behind suicide within the injured worker family and in time, the families affected will speak out. The pain and hurt must stop and stop now. Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail QUEBEC – Info IRSST Newsletter Very interesting information can be found at their website: http://www.irsst.qc.ca:80/files/documents/en/InfoIrsst/Actuel/InfoIRSST_v06n02.htm PREVENTION GUIDE Handling work and customer service in warehouse superstores Everyone goes to superstores, but did you know that the employees working in them have a good chance of suffering from back pain? For this growing sector, the English version of a prevention guide has just been published by the IRSST and Groupe-conseil AON. In addition to offering different practical advice, this document proposes solution scenarios that are easy to implement for better prevention of handling-related accidents and the associated back pain. CHRONIC PAIN RESEARCH AND TREATMENT IN QUEBEC GETS $4.35-MILLION BOOST FROM PFIZER, ASTRAZENECA, MSSS AND FRSQ Unique public-private partnership in Quebec‟s pain research and treatment networks will provide better tools to research, diagnose and treat chronic pain. February 28, 2008 Two of Canada‟s leading pharmaceutical companies are joining forces with the Fonds de la recherche en santé du Québec (FRSQ) and Quebec‟s Health and Social Services Ministry (MSSS) to help in the battle against chronic pain and give a boost to Quebec‟s pain researchers and clinics affiliated with Quebec‟s four medical-research universities. The partnership – a first in Canada – is designed to strengthen what is already the country‟s leading pain research and treatment network, the Quebec Pain Research Network (QPRN), which links pain clinics at Quebec‟s four university-hospital networks and more than 75 doctors and researchers specialized in chronic pain. Under the partnership, Pfizer Canada, AstraZeneca, the FRSQ and MSSS will provide $4.35 million over Joint battle against chronic pain “The battle against chronic pain is really a collective effort uniting researchers in the public and private sectors, front-line medical professionals and patients themselves,” said Alain Beaudet, President and CEO of the FRSQ. In leading the partnership, the FRSQ‟s goal is to support Quebec‟s pain research, particularly to advance understanding of prevalence, incidence and the natural course of different pain syndromes, and to ensure that this knowledge is transferred to the clinic to benefit patients. “This initiative takes us to the next level by bringing our research knowledge and excellence onto the frontlines to help doctors and patients manage pain more effectively,” Beaudet said. The QPRN groups researchers and doctors at Université de Montréal, Université de Sherbrooke, Page 6 four years to fund research and education that will improve our understanding of chronic pain and help doctors diagnose and treat pain more effectively. “Chronic pain is a devastating and debilitating silent epidemic and we need better knowledge and treatments for doctors and patients,” said Dr. Yves de Koninck, Scientific Director of the QPRN and professor affiliated with Laval University and the university‟s Centre de recherche Université Laval Robert-Giffard. “More than a million Quebecers – about one in five – will suffer from chronic pain during their lifetime. The economic costs alone in health care and loss of productivity are staggering – an estimated $125 billion a year in the US.” Université Laval and McGill University, as well as their teaching hospitals, government organizations and the Association Québécoise de la douleur chronique, Quebec‟s leading patient group. “The Quebec government is pleased to partner with the FRSQ to establish this important chronic pain research initiative. This investment will enable the QPRN to structure clinical research, facilitate the transfer of discoveries and practical knowledge to medical professionals and improve the treatment of chronic pain sufferers. The QPRN‟s activities are among the most pertinent and essential in improving the quality of life for the 20% of Quebecers who suffer from pain at some point in their lives,” said Philippe Couillard, Minister of Health and Social Services. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Quebec a world leader in pain research “At AstraZeneca, we established our analgesia drug discovery laboratories in Montreal in large part because Quebec is a renowned world leader in pain research excellence,” said Dr. Philippe Walker, VicePresident Discovery, and head of AstraZeneca‟s research laboratories in Montreal, where more than 100 scientists and chronic-pain experts work on developing better medicines to treat and manage pain. “This is a unique partnership and opportunity for us to work together to gain better insight into the causes of chronic pain and how to manage pain more effectively for the benefit of patients.” “Pfizer is a leader in the research of innovative solutions for pain management, including the development of unique compounds which are breaking scientific ground and discovering novel ways to treat chronic pain," says Dr. Bernard Prigent, Vice-President and Medical Director, Pfizer Canada. "Pfizer is proud to join this partnership as the QPRN initiative is a unique model which could streamline research efforts aiming to improve diagnosis and treatment of chronic pain. The transfer of these research findings to healthcare professionals in hospital, clinic settings and research organizations such as Pfizer, will be key in our collective capacity to develop better treatment options for people living with chronic pain.” The partnership investment is $4.35 million over four years. The FRSQ has committed $2 million over four years, Pfizer Canada $1.2 million over four years, AstraZeneca $750,000 over three years, and MSSS $400,000 over four years. Pfizer and AstraZeneca have research facilities around the world and are both major investors in R&D in Canada, with Pfizer investing about $190 million a year and AstraZeneca more than $100 million a year. As the health-research funding arm of the Quebec Ministry of Economic Development, Innovation and Export Trade, the FRSQ invests about $90 million a year in health research and education in Quebec. Pain facts:  Chronic pain strikes one in five adults - 1.2 million Quebecers will suffer from chronic pain during their lifetime. Among the elderly, the proportion rises to 50 percent.  Women are more at risk of developing chronic pain than men.  People with chronic pain have been suffering on average for 7 years.  Nearly half (47%) say their pain is not under control.  Chronic pain adversely affects quality of life, both in terms of emotional well-being and ability to function normally. -30For more information please contact: For more information, or to arrange interviews with leading pain experts in Montreal, Sherbrooke and Quebec City, please contact: Michelle Dubuc, FRSQ, (514) 873-2114 Ext. 235 Sylvie Tessier, Pfizer Canada Inc., (514) 693-4609 Jennifer Robinson, AstraZeneca R&D, (514) 518-3505 Isabelle Merizzi, Ministère de la Santé et des Services sociaux (MSSS), (418) 266-7171 These press releases were issued in Canada and are intended as reference information for Canadians. The information contained in each press release was accurate at the time of issuance, and Pfizer Canada assumes no responsibility for updating the information to reflect subsequent developments. NEWFOUNDLAND April 28-Day of Mourning Hello Fellow Injured Workers and Concerned Citizens, April 28 is International Day of Mourning for Injured and Dead Workers, I mourn today for three men from Newfoundland and Labrador. Neil Lockyer, Jason House, and myself. Neil was injured in B.C. with a head injury in 1989. Jason fell through a roof in Alberta in 2005 suffering multiple injuries including his skull cracked in three Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail places, both shoulders, right hip and pelvis broken, two disks and a broken vertebra, in 2005. I was involved in a railway accident in Ontario in 1979 suffering a crushed ankle, shattered shoulder, broken arm, broken collar bone, post concussion syndrome, three herniated disks, and more. All of us permanently disabled from our employment. From three different Provinces we came home to lick our wounds. Family and friends our only comfort. But they followed and watched like vultures on a perch. Waiting. "Did he walk?" "I saw him today and he smiled so he must be okay?" They report back to Ontario and B.C. and Alberta. The checks stop. The appeals begin, and always under the microscope. Forced to relive all the events since the accident and justifying what does not need justifying. Forced to live off family and welfare, demeaned, belittled, slandered, maligned, and otherwise abused. Forced to stay in a merry go round of abuse. Poor Neil. His injured brain could not take it. He killed a man. A WCB spy he thought. Stabbed him nineteen Times in his daughters kitchen. She tried to get help. Said her Father needed help because he was believing WCB spies were after him to cut him off. How many times between 1989 and 2005 was he cut off? How many spies did he really see? But he was paranoid because of his brain injury they said, before they locked him away in the Waterford Psychiatric Hospital. Not even a look at factors that might involve the WCB in B.C. I watch, and protest , and try to get in court to help him but no one listens to me. They think I am mad. WCB spies, posing as hunters, followed him to Newfoundland one year after his accident. They videotaped him walking with a cane and getting into his fathers truck. They declared him fit for work and cut him off. He has since appealed and won a partial victory. But at what cost? Will he, in another two, five or ten years, be cut off again, hounded again? How many times? Then there is me. I don't care if they look. I will do as much as my body can do, no more, no less. But me they ignore. 1979 to present. Ignore me to the point I have no doctor or medical care. How many videos of me do they show behind closed doors to "prove" I am not disabled? I grieve for Mr. Lockyer whose life has been ruined and for his distraught daughter who could find no help. I grieve for Mr. House because I know the road he is now forced to travel. I grieve for me because everyone thinks I am crazy and a welfare bum. I am so helpless to help them or myself. Decades apart but yet the same mistreatment. I wonder how many more suicides and murders it will take for everyone to wake up and demand fundamental change? So today mourn not only the injured and dead, mourn for the abused too. Best Regards, Fred Palmer Then comes along Jason. He lost a $300,00.00 home, a mustang, a truck, a motorbike, a framing business, and lost it all in three years. Do you know what happens when you get injured at work? Find out here. www.ciws.ca and www.wcbcanada.com Ron Ellis Award June 5, 2008: The Workers‟ Compensation Section of the Ontario Bar Association honoured Steve Mantis of Kaministiquia, Ontario a longtime leader and grassroots organizer of Ontario‟s injured worker movement, with the Ron Elis Award for excellence and outstanding contribution to workers‟ compensation. OBA Centre, 200 – 20 Toronto Street, Toronto, Ontario. See the Tribute prepared and delivered by Marion Endicott at the award: http://www.injuredworkersonline.org/Documents/Ron_Ellis_Award08.pdf Page 8 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance DOWNLOAD THE REPORT (PDF) at: http://www.irsst.qc.ca/files/documents/PubIRSST/RG-546.pdf When we are deterred by what others think A new study published by the IRSST reveals, among other things, the disastrous consequences for injured workers when they do not feel believed or supported during their absence from work. Researchers actually observed the importance of workers' social reality for better understanding their rehabilitation process by listening to representations of health, illness and pain by workers unable to return to work due to musculoskeletal-related pain. The meaning of work generates stress or well-being Meaningful work has vitamin effects on the worker's mental health and encourages his commitment towards an organization, while work without it promotes the onset of symptoms of stress, and even distress. This is one of the findings of a study funded by the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) on the meaning of work, mental health and organizational commitment, whose results have just been published. FRENCH-SPEAKING SUMMIT ON WORK RELATED MUSCULOSKELETAL DISORDER (WMSD) : FROM RESEARCH TO ACTION On 18th and 19th June 2008 the IRSST held the second French-Speaking Summit on Work Related Musculoskeletal Disorder (WMSD): from research to action. About 300 researchers practitioners and professionals working in occupational health and safety field will take part in this event with the aim at drawing an overview on the topic and exploring successful initiatives to prevent WMSDs. Development of a complete solution for supporting prevention and intervention on psychosocial risks in the workplace 099-698 Jean-Pierre Brun / Université Laval Michel Vézina / Institut national de santé publique du Québec Caroline Biron / Université Laval TO FIND OUT MORE http://www.irsst.qc.ca/en/_projet_3665.html Survey and analysis of the strategies for evaluating exposure to workplace contaminants 099-694 Daniel Drolet, Nicole Goyer, Brigitte Roberge / IRSST Jérôme Lavoué / Institut universitaire romand de Santé au travail André Dufresne / Université McGill Guylaine Beauchamp / IRSST Calculation of the work/rest regimen Quebec Occupational Health and Safety Research Institute (IRSST) and Université du Québec à Trois-Rivières (UQTR) conceived a computer-based tool allowing to estimate the alternate work/rest regimen during work in a hot environment. This bilingual tool is intended to support occupational health and safety practitioners in managing hot periods in the work environment. The computer-based tool calculates the alternate work/rest regimen during work in a hot environment using the following parameters: metabolic rate, WBGT (Wet Bulb Globe Temperature) temperature values at the workstation and at the rest location, as well as the clothing worn by the worker. Chronic Pain Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail NEWS RELEASE For immediate release SIX MILLION CANADIANS LIVING IN PAIN FACE BARRIERS TO CARE The Painexplained.ca Campaign targets five top barriers preventing Canadians from accessing effective pain care Toronto, November 3, 2008 – Canadian doctors, patients, researchers, and other healthcare professionals are condemning the barriers that prevent Canadians from accessing proper and timely pain care. As part of this year‟s National Pain Awareness Week (November 2 – 8, 2008), the Painexplained.ca Campaign is targeting key reasons why Canadians are suffering needlessly or excessively from acute and chronic pain. “Our concern is this: how many of the six million Canadians out there in moderate-to severe chronic pain are suffering unnecessarily?” said Dr. Barry Sessle, President of the Canadian Pain Society and Campaign Co-Founder. “We know that too many are not getting the timely care they desperately want and deserve. That‟s why we are targeting key barriers that cause greatest delay and distress to Canadian pain patients.” “When you or someone you love is suffering, every minute spent waiting for proper pain care feels like a travesty,” said Lynn Cooper, President of the Canadian Pain Coalition and Campaign Founding Member. “It is unacceptable that so many of us are living with pain that could have been prevented, cured, or reduced with proper and timely care.” Five key issues have been identified which are exacerbating the struggle of Canadianswith untreated or undertreated pain: 1. Canadian Healthcare Professionals are insufficiently trained about pain: A 2007 audit of 41 Canadian undergraduate Healthcare Professional programs revealed that 67% of all healthcare programs surveyed could not identify specific training in the mechanisms, diagnosis or treatment of pain. The same study revealed that Canadian veterinary students get five times as much specific training about pain as medical students. ( Source: WattWatson/McGillion/Hunter, 2007) 2. Pain Patients are struggling to find doctors able and willing to help: Over 14% of chronic pain patients report being refused care by a doctor or having their care terminated because of their pain. Many new physicians are refusing to take on these patients, leaving them with nowhere to turn. 15% of chronic pain patients also report being discouraged from receiving a pain treatment necessary to relieve their pain. (Source: Nanos Research, Oct 2008) 3. Doctors feel reluctant to prescribe needed pain medications: Best practice pain management often calls for the use of opioids and other powerful medications. Historic regulatory actions against pain doctors have put a „chill‟ on general willingness to prescribe pain medications, making it harder for legitimate pain patients to access proper pain care. 4. Wait times for effective pain care are unacceptable: An audit of wait times confirmed that some Canadians must wait as long as five years to receive care from an academic pain clinic. The risk of suicide while waiting for care is double that of the general population. (Source: CPS). 5. Out-dated attitudes make us reluctant to ‘speak up’ for proper pain care: Many Canadians mistakenly feel that pain is a normal part of their disease or the healing and aging processes, and therefore don‟t speak up to get treatment. But over time, the chemical and structural changes in the nervous system of those suffering unrelieved pain actually causes our nerve pathways to become „sensitized‟. This makes the pain more difficult (if not impossible) to treat effectively. “New knowledge and best practices now exist that can help prevent, manage and even cure chronic pain,” Dr. James Henry, Scientific Director of the Michael G. DeGroote Institute for Pain Research and Care at McMaster University, and President of the Canadian Pain Foundation. “But patients aren‟t yet benefiting from this knowledge, in part because of these systemic barriers. It‟s time we did better for Canadians living with pain.” Painexplained.ca is a new campaign supported by the Canadian Pain Society, Canadian Pain Coalition, the Canadian Pain Foundation and other partner groups, companies and individuals. The campaign seeks to raise awareness and promote better prevention and management of all types of pain in Canada. Page 10 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance For more information Ingrid Thompson, Campaign Coordinator 647-428-7133 or Ingrid@painexplained.ca 701 Rossland Road East, Suite 373 Whitby, ON L1N 9K3 T : 647-428-7133 F: 905-668-3728 info@painexplained.ca www.painexplained.ca The Blind Girl There was a blind girl who hated herself because she was blind. She hated everyone, except her loving boyfriend. He was always there for her. She told her boyfriend, 'If I could only see the world, I will marry you.' One day, someone donated a pair of eyes to her. When the bandages came off, she was able to see everything, including her boyfriend. He asked her, 'Now that you can see the world, will you marry me?' The girl looked at her boyfriend and saw that he was blind. The sight of his closed eyelids shocked her. She hadn't expected that. The thought of looking at them the rest of her life led her to refuse to marry him. Her boyfriend left in tears and days later wrote a note to her saying: 'Take good care of your eyes, my dear, for before they were yours, they were mine.' This is how the human brain often works when our status changes. Only a very few remember what life was like before, and who was always by their side in the most painful situations. Life Is a Gift Today before you say an unkind word - Think of someone who can't speak. Before you complain about the taste of your food Think of someone who has nothing to eat. Before you complain about your husband or wife Think of someone who's crying out to GOD for a companion. Today before you complain about life – Think of someone who went too early to heaven. Before whining about the distance you drive Think of someone who walks the same distance with their feet. And when you are tired and complain about your job Think of the unemployed, the disabled, and those who wish they had your job. And when depressing thoughts seem to get you down - Put a smile on your face and think: you're alive and still around. Page 11 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Our Goals CIWA/ACVAMT Is about  Support We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada. Independence We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers. Partnerships We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels. Information Sharing We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives. To work towards a just system of compensation, rehabilitation and reemployment in all of Canada.  To provide a national forum for debating issues concerning injured workers at national conferences and board workshops.  To gather and share information with groups across Canada.  To improve the Occupational Health & Safety of workers across Canada.  To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups.  To enhance the local base of the injured workers movement through all our activities.  To form partnerships that will achieve common goals. Publications Available  The VOICE OF INJURED WORKER  PLAIN TALK  HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR  REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992  RETURNING TO WORK  VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE  INJURED WORKERS … ON THE MOVE  COMING TOGETHER VIDEOS & WORKBOOKS  YOUTH PROJECT MANUAL, 2002  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT 1201 Jasper Drive Thunder Bay, ON P7B 6R2 Ph: 807-345-3429/Fx: 807-344-8683 Toll Free: 1-877-787-7010 Email: ciwa@vianet.ca Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers/ groups / organizations, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Page 12 � 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 2008 Description An account of the resource Articles about WorkSafeBC policy decisions, WSIB in Ontario covering medical marijuana as well as potentially causing the stress-induced death of an injured worker, research on chronic pain being done in Quebec, the Ron Ellis Award being awarded to Steve Mantis, chronic pain and the painexplained.ca campaign, two brief stories, updates on the state of injured worker's rights in Saskatchewan, Manitoba, Nova Scotia, Newfoundland. 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 2008 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English 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/b841033863827120bc58bd2c06b15814.pdf ffc2d772acde14816af3f97d424091c3 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Inside ….. CIWA/ACVAMT Contacts ......................................................... 2 ON – Medical Marijuana ........................................................... 3 QC – Chronic Pain ................................................................ 3, 4 NL – Day of Mourning ............................................................. 5 Web Site Links ......................................................................... 6 Provincial Rate Comparisons .................................................... 6 Pain Explained Campaign ........................................................ 8 CIWA Guest Editorial .................................................... 9, 10, 11 CIWA, About ......................................................................... 12 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail P L E A SE HE L P … … … … S U B S C R I B E T O D A Y ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ ________________________________ Postal Code ________________________________ Phone ________________________________ Fax ________________________________ E-Mail ________________________________ Web Site ________________________________ ________________________________ Newsletter Subscription: Highlights is published 4 times per year Injured Worker/Unemployed $ 5.00 _________ Individuals $ 10.00 _________ Organizations $ 15.00 _________ Donations $ _________ Total $ _________ CIWA THANKS YOU for Your SUPPORT Editor’s Note This newsletter is distributed via email, fax, or mail to CIWA/ACVAMT me mbers and groups with an interest in injured worker issues as resource tool to share and exchange information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy o r for their opinions. You are welcome to share and distribute this newsletter with others that are interested. It is also available on our website at www.ciwa.ca. PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… SK ... Robert Lindsay, Regina Western Injured Workers Society President ... Secretary … Treasurer … NS... Dave MacKenzie, Westville Pictou County PEI ... Leonard J. Crawford, Summerside ON ... Gerry Landry, Thunder Bay Ontario Network of Injured Worker Groups AB... Sherri Scott, Fort MacMurray NL... Clive Hamilton, Labrador City Rob Lindsay Leonard J. Crawford Dave MacKenzie ADVISORS… Vincent Boyce, Injured Worker, Manitoba Andy King, U.S.W.A. Lynn Shaw, University of Western Ontario Patti MacAhonic, BC Injured Workers and Survivors Education Association STAFF… Phil Brake, National Coordinator Monika Wiitala, Office Manager L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL CANADIAN INJURED WORKERS ALLIANCE 1201 Jasper Drive Thunder Bay, Ontario. P7B 6R2 Phone: 807-345-3429 Fax: 807-344-8683 Page 2 email: ciwa@vianet.ca Toll Free: 1-877-787-7010 Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL NEWS / UPDATES ONTARIO Medical marijuana covered by WSIB The Workplace Safety and Insurance Appeals Tribunal has recently allowed that medical marijuana is covered by the compensation system. The injured worker must have a Health Canada card authorizing possession. The payment will be made regardless of where the marijuana is purchased and thus without the need for receipts. It will be paid for the amount indicated by Health Canada, and it will be paid at the rate that Health Canada charges. The decision can be found on the WSIAT website where all decisions are published. It is number 2335 06R dated July 8th, 2008. The neutral citation is 2008 ONWSIAT 1890. Marion Endicott WSIB loses $3.34B as stocks fall Aug 18, 2009 04:30 AM STAR STAFF WIRE SERVICES http://www.thestar.com/news/canada/article/682439 Ontario's Workplace Safety and Insurance Board says it lost $3.34 billion last year as payments to injured workers rose while stock markets fell. The massive setback came on the heels of a $2 billion loss in 2007. The WSIB collects premiums from employers and provides benefits to more than 155,000 injured workers. Its latest annual report says the board took in $2.4 billion less in 2008 than it paid out in benefits and other expenses. The shortfall was more than double the $1.13 billion reported a year earlier. The board has a reserve fund to help pay future benefits. But two-thirds was invested in stocks, which took heavy losses in 2008. Back-to-back losses have slashed the size of that reserve fund to about $10.4 billion, leaving it about $11.4 billion short of what is estimated could be required. The WSIB says the shortfall will not threaten its ability to provide benefits to workers. Ontario passed legislation in 2007 providing for a 2.5 per cent increase in benefits that year, and the two following years. WSIB may now have to consider increasing premiums to employers at a time when many are struggling. Workplace insurance board loses $3B Posted By JONATHAN JENKINS, SUN MEDIA, August 20, 2009 http://www.stcatharinesstandard.ca/ArticleDisplay.aspx?e=1706229 The Workplace Safety Insurance Board lost about $3 billion on the markets last year, but the massive loss won't mean higher premiums, the board's head vows. "We're very solvent, we're very stable," Steve Mahoney said Tuesday. "This is not a loss of our ability to meet our obligations." The market turmoil of last fall hit the WSIB's insurance fund hard, its value falling 15.5 per cent. Combined with other factors -- including a $104 million drop in premiums from job losses, the board's overall unfunded liability has soared to $11.4 billion. The liability was less than $6 billion just two years ago. But Mahoney said the unfunded liability is a long-term problem that doesn't affect its ability to deliver benefits to injured workers now. Premiums haven't risen on average in the past three years and Mahoney said only 36,000 companies out of 238,000 the board insures are seeing an increase in 2010 -- and that's because those companies have a poor safety record. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail "The reason the companies whose premiums are frozen are achieving that is because they have an excellent record on safety." Benefits paid to injured workers are set by the government and the WSIB can't change them, he pointed out. Still, the investment loss and the prospect of gh unemployment driving premium revenue down mean the board is reviewing its investment strategy and some heads have rolled. "If you perform poorly, you get fired. That's absolutely the case," Mahoney said of investment counsellors and advisers. The huge setback shows there's serious problems at the WSIB, New Democrat labour critic Paul Miller said. "This is mismanagement," Miller said. "It's really a mishmash the way they run things. "The amounts that they're losing -- I would not consider that to be a conservative portfolio. There has to be more accountability on the finances. Are they not managing the portfolios properly? Are they not monitoring? Are they taking to much risk?" And given the magnitude of the drop, Miller said he doubts Mahoney can keep premiums where they are for long. "They say no and I don't believe that," he said. "The only way they're going to recoup their losses would be to increase premiums." QUEBEC – Info IRSST Newsletter Very interesting information can be found at their website: http://www.irsst.qc.ca:80/files/documents/en/InfoIrsst/Actuel/InfoIRSST_v06n02.htm PREVENTION GUIDE The English version of a prevention guide has been published by the IRSST and Groupe-conseil AON. In addition to offering different practical advice, this document proposes solution scenarios that are easy to implement for better prevention of handling-related accidents and the associated back pain. CHRONIC PAIN RESEARCH AND TREATMENT IN QUEBEC GETS $4.35-MILLION BOOST FROM PFIZER, ASTRAZENECA, MSSS AND FRSQ Unique public-private partnership in Quebec‟s pain research and treatment networks will provide better tools to research, diagnose and treat chronic pain. February 28, 2008 Two of Canada‟s leading pharmaceutical companies are joining forces with the Fonds de la recherche en santé du Québec (FRSQ) and Quebec‟s Health and Social Services Ministry (MSSS) to help in the battle against chronic pain and give a boost to Quebec‟s pain researchers and clinics affiliated with Quebec‟s four medical-research universities. The partnership – a first in Canada – is designed to strengthen what is already the country‟s leading pain research and treatment network, the Quebec Pain Research Network (QPRN), which links pain clinics at Quebec‟s four university-hospital networks and more than 75 doctors and researchers specialized in chronic pain. Under the partnership, Pfizer Canada, AstraZeneca, the FRSQ and MSSS will provide $4.35 million over Joint battle against chronic pain “The battle against chronic pain is really a collective effort uniting researchers in the public and private sectors, front-line medical professionals and patients themselves,” said Alain Beaudet, President and CEO of the FRSQ. In leading the partnership, the FRSQ‟s goal Page 4 four years to fund research and education that will improve our understanding of chronic pain and help doctors diagnose and treat pain more effectively. “Chronic pain is a devastating and debilitating silent epidemic and we need better knowledge and treatments for doctors and patients,” said Dr. Yves de Koninck, Scientific Director of the QPRN and professor affiliated with Laval University and the university‟s Centre de recherche Université Laval Robert-Giffard. “More than a million Quebecers – about one in five – will suffer from chronic pain during their lifetime. The economic costs alone in health care and loss of productivity are staggering – an estimated $125 billion a year in the US.” is to support Quebec‟s pain research, particularly to advance understanding of prevalence, incidence and the natural course of different pain syndromes, and to ensure that this knowledge is transferred to the clinic to benefit patients. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance “This initiative takes us to the next level by bringing our research knowledge and excellence onto the frontlines to help doctors and patients manage pain more effectively,” Beaudet said. The QPRN groups researchers and doctors at Université de Montréal, Université de Sherbrooke, Université Laval and McGill University, as well as their teaching hospitals, government organizations and the Association Québécoise de la douleur chronique, Quebec‟s leading patient group. Quebec a world leader in pain research “At AstraZeneca, we established our analgesia drug discovery laboratories in Montreal in large part because Quebec is a renowned world leader in pain research excellence,” said Dr. Philippe Walker, VicePresident Discovery, and head of AstraZeneca‟s research laboratories in Montreal, where more than 100 scientists and chronic-pain experts work on developing better medicines to treat and manage pain. “This is a unique partnership and opportunity for us to work together to gain better insight into the causes of chronic pain and how to manage pain more effectively for the benefit of patients.” “Pfizer is a leader in the research of innovative solutions for pain management, including the development of unique compounds which are breaking scientific ground and discovering novel ways to treat chronic pain," says Dr. Bernard Prigent, Vice-President and Medical Director, Pfizer Canada. "Pfizer is proud to join this partnership as the QPRN initiative is a unique model which could streamline research efforts aiming “The Quebec government is pleased to partner with the FRSQ to establish this important chronic pain research initiative. This investment will enable the QPRN to structure clinical research, facilitate the transfer of discoveries and practical knowledge to medical professionals and improve the treatment of chronic pain sufferers. The QPRN‟s activities are among the most pertinent and essential in improving the quality of life for the 20% of Quebecers who suffer from pain at some point in their lives,” said Philippe Couillard, Minister of Health and Social Services. to improve diagnosis and treatment of chronic pain. The transfer of these research findings to healthcare professionals in hospital, clinic settings and research organizations such as Pfizer, will be key in our collective capacity to develop better treatment options for people living with chronic pain.” The partnership investment is $4.35 million over four years. The FRSQ has committed $2 million over four years, Pfizer Canada $1.2 million over four years, AstraZeneca $750,000 over three years, and MSSS $400,000 over four years. Pfizer and AstraZeneca have research facilities around the world and are both major investors in R&D in Canada, with Pfizer investing about $190 million a year and AstraZeneca more than $100 million a year. As the health-research funding arm of the Quebec Ministry of Economic Development, Innovation and Export Trade, the FRSQ invests about $90 million a year in health research and education in Quebec. Pain facts:  Chronic pain strikes one in five adults - 1.2 million Quebecers will suffer from chronic pain during their lifetime. Among the elderly, the proportion rises to 50 percent.  Women are more at risk of developing chronic pain than men.  People with chronic pain have been suffering on average for 7 years.  Nearly half (47%) say their pain is not under control.  Chronic pain adversely affects quality of life, both in terms of emotional well-being and ability to function normally. For more information please contact: For more information, or to arrange interviews with leading pain experts in Montreal, Sherbrooke and Quebec City, please contact: Michelle Dubuc, FRSQ, (514) 873-2114 Ext. 235 Sylvie Tessier, Pfizer Canada Inc., (514) 693-4609 Jennifer Robinson, AstraZeneca R&D, (514) 518-3505 Isabelle Merizzi, Ministère de la Santé et des Services sociaux (MSSS), (418) 266-7171 These press releases were issued in Canada and are intended as reference information for Canadians. The information contained in each press release was accurate at the time of issuance, and Pfizer Canada assumes no responsibility for updating the information to reflect subsequent developments. Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail NEWFOUNDLAND April 28-Day of Mourning Hello Fellow Injured Workers and Concerned Citizens, April 28 is International Day of Mourning for Injured and Dead Workers. I mourn today for three men from Newfoundland and Labrador. Neil Lockyer, Jason House, and myself. Neil was injured in B.C. with a head injury in 1989. Jason fell through a roof in Alberta in 2005 suffering multiple injuries including his skull cracked in three places, both shoulders, right hip and pelvis broken, two disks and a broken vertebra, in 2005. I was involved in a railway accident in Ontario in 1979 suffering a crushed ankle, shattered shoulder, broken arm, broken collar bone, post concussion syndrome, three herniated disks, and more. All of us permanently disabled from our employment. From three different Provinces we came home to lick our wounds. Family and friends our only comfort. But they followed and watched like vultures on a perch. Waiting. "Did he walk?" "I saw him today and he smiled so he must be okay?" They report back to Ontario and B.C. and Alberta. The checks stop. The appeals begin, and always under the microscope. Forced to relive all the events since the accident and justifying what does not need justifying. Forced to live off family and welfare, demeaned, belittled, slandered, maligned, and otherwise abused. Forced to stay in a merry go round of abuse. Poor Neil. His injured brain could not take it. He killed a man. A WCB spy he thought. Stabbed him nineteen Times in his daughters kitchen. She tried to get help. Said her Father needed help because he was believing WCB spies were after him to cut him off. How many times between 1989 and 2005 was he cut off? How many spies did he really see? But he was paranoid because of his brain injury they said, before they locked him away in the Waterford Psychiatric Hospital. Not even a look at factors that might involve the WCB in B.C. Labour federation has questions Published Wednesday August 5th, 2009 Page 6 I watch, and protest , and try to get in court to help him but no one listens to me. They think I am mad. Then comes along Jason. He lost a $300,00.00 home, a mustang, a truck, a motorbike, a framing business, and lost it all in three years. WCB spies, posing as hunters, followed him to Newfoundland one year after his accident. They videotaped him walking with a cane and getting into his fathers truck. They declared him fit for work and cut him off. He has since appealed and won a partial victory. But at what cost? Will he, in another two, five or ten years, be cut off again, hounded again? How many times? Then there is me. I don't care if they look. I will do as much as my body can do, no more, no less. But me they ignore. 1979 to present. Ignore me to the point I have no doctor or medical care. How many videos of me do they show behind closed doors to "prove" I am not disabled? I grieve for Mr. Lockyer whose life has been ruined and for his distraught daughter who could find no help. I grieve for Mr. House because I know the road he is now forced to travel. I grieve for me because everyone thinks I am crazy and a welfare bum. I am so helpless to help them or myself. Decades apart but yet the same mistreatment. I wonder how many more suicides and murders it will take for everyone to wake up and demand fundamental change? So today mourn not only the injured and dead, mourn for the abused too. Best Regards, Fred Palmer �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance http://miramichileader.canadaeast.com/opinion/article/751885 Letter to the editor The New Brunswick Federation of Labour is calling on Minister Donald Arseneault to immediately conduct an internal enquiry into the governance of Worksafe New Brunswick. Discrepancies in the information given to Board members has rendered an internal enquiry crucial for all injured workers in New Brunswick. Our representative on the Board of Directors of Worksafe New Brunswick found out that the board has been making decisions based on misleading and non-factual information." In mid-June the Corporate Board were presented with a plan, by CEO Doug Stanley to discontinue operations of the therapeutic pool at the Workers Rehabilitation Centre in Grand Bay-Westfield. Concerns surrounding this plan were raised and information provided to the Board were that only the staff uses the pool, almost no injured workers and the cost to operate the pool were $238,000 per year. Since then, our Labour representative has learned that, in fact, there were up to 16 injured workers per week using the therapeutic pool and the cost to operate was in fact $160,000 per year. Only yesterday at a Corporate Board Meeting, Mr. Stanley informed members that the heat had been shut off for three weeks, when in fact it was only turned off that day. Furthermore, injured workers were using it for therapeutic rehabilitation. How many services to injured workers have been discontinued at the Rehabilitation Centre based on erroneous information? Injured workers are being failed by a system that was intended to facilitate rehabilitation and return to work. Workers made great sacrifices, including giving up the right to sue our employers in exchange for this service. We are calling on Minister Arseneault to look very closely at the decision making process of the Worksafe New Brunswick Board of Directors. Is the rehabilitation of injured workers still a priority or is it another issue that is being driven at any costs? Michel Boudreau, NBFL President Do you know what happens when you get injured at work? Find out here. www.ciws.ca and www.wcbcanada.com Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Worker’s compensation doesn’t work Email Print Letter to Editor Share Text Published: August 11, 2009 11:00 PM 0 Comments The recently minted MLA’s of the province of British Columbia are an expensive commodity. An enlarged body of governing brilliance naturally expected to achieve profound goals. Time is money, and the talents of so few, to which we are all beholding, should not be wasted in frivolous pursuits. This leads one to ask the question: Why is it that over sixty percent of all MLAs’ time spent in his riding is deployed in conflict resolution with WCB, or Work Safe BC. This alarming fact was confirmed by Rich Colman, then Solicitor General, and Robin Austin our returning MLA from Terrace. I have had the pleasure of working with both members of the house pertaining to my ongoing battles with WCB. The root of the majority of problems within WCB relate directly to the indiscriminate changes foisted on the system by Gordon Campbell during his first tenure in office. The Liberal government had been lobbied long and hard as to the unsustainable cost of WCB operations. Remember that this is a corporation that must be self supporting, no government funding required. WCB was to be funded by the employer, offsetting the loss of the employee’s right to sue the employer, and the government, regarding injury in the work place. The foundation theory is very sound with the anticipation that the employee and the employer would both support the benefit of working safely. Long term saving would be realized by all parties. The actual charge to the government was that the cost of the program was too high for the employer. The Liberal government was extremely shortsighted in its inept handling of the issue. I suggest that if they could have foreseen the growing outrage that now fuels this fight they would have taken a different venue. At present, permanently disabled workers are shocked to find that at age sixty five, any disability pension they may have clawed from this government is suddenly stopped. I can only presume that we are dead, in recite of a miracle cure, or cast aside to live in abject poverty. The answer, unfortunately, is the latter. A case in point, a worker reaches his prime earning years, the time to build future equity, plan for retirement, stabilize his family, then in the instant of time that becomes an eternity, the worker is injured, permanently! The worker’s ability to project a future is gone, family stability, retirement plans, life savings, gone in an instant. A future totally dependent on the social conscious of governments. A life change of command, to servitude. Why must the injured worker be cast with the lot of poverty through no neglect of his own? Why does Work Safe BC think it has the right to lessen the value of a human being because of injury? A rotten house covered with vinyl siding is still a rotten house. WCB, draped in the new name of Work Safe BC, it is still a rotten house. Page 8 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance The endorsement of Work Safe BC, its methods of operation, its abuse of injured workers, its unlimited powers of control, are all planks of support in a rotten house. The impact of the deceit, lies, and self interest that governs the operation of WCB has resulted in direct confrontation with the workers it is designed to help. The BC. Federation of Labour is uniting against the tyranny of Work Safe BC. The Public Service Alliance of Canada has formed an investigation body to review the process of WCB. A paper is being drafted for presentation to the Auditor General requesting an internal investigation in to the operation, goals, and methods employed by Work Safe BC. The operations area of Work Safe BC has been transformed into a highly regulated security zone. Guards are abundant and obtrusive. The reception desks are made so that people can not achieve physical contact with the administrators. The interview rooms are small segregated cells with one way door locks, cramped seating, and hidden audio, and visual recording capabilities. Escorts are required to travel the maze of deliberately confusing passages. The order of the day is control. The public is no longer willing, nor able, to wait for the honesty, humanity, and helping hands they have been deceived into expecting. The single question arising from the reality that is Work Safe BC, should be “how has this come to pass”? The people of British Columbia should become much more politically alert to the intrusions of all levels of government. People should become much more vigilant in the protection of their freedoms. Society should not be afraid to challenge government doctrine. The statements and judgements of our provincial leaders should be questioned, and held to account. The status quo must be reviewed, and if a deficiency is found the will of the people must mandate change. Tony Vincenzi lives in Terrace. SUPREME COURT ISSUES MAJOR PENSION RULING > > In a precedent-setting decision, issued on August 7, the Supreme Court of Canada > has ruled that an employer did not violate its obligations as administrator of > its employee pension plan when it used the funds in the plan to pay the plan's > administrative expenses, or when it allowed surplus funds arising from the defined > benefit (DB) component of the plan, covering one group of employees, to be used > to meet its funding obligations to another group of employees covered by the > defined contribution (DC) component of the plan. > > The rest of this report is available at: http://www.lancasterhouse.com/ Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Website Links – Information Resources PFIZER Has this page where you can look up organizations in Canada by type: http://www.morethanmedication.ca/en/find_support/?gclid=CKOx0I_ziZkCFRhhnAodlTSQmA Worker’s Advocate Information Kit for Ontario (from the Office of the Worker Advisor Website) http://www.owa.gov.on.ca/workers_kits/NEL_kit.html Workers Compensation Boards of Canada http://www.awcbc.org/en/ Ron Ellis Award June 5, 2008: The Workers‟ Compensation Section of the Ontario Bar Association honoured Steve Mantis of Kaministiquia, Ontario a longtime leader and grassroots organizer of Ontario‟s injured worker movement, with the Ron Elis Award for excellence and outstanding contribution to workers‟ compensation. OBA Centre, 200 – 20 Toronto Street, Toronto, Ontario. See the Tribute prepared and delivered by Marion Endicott at the award: http://www.injuredworkersonline.org/Documents/Ron_Ellis_Award08.pdf Page 10 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance IRSST News Releases DOWNLOAD THE REPORT (PDF) at: http://www.irsst.qc.ca/files/documents/PubIRSST/RG-546.pdf When we are deterred by what others think A study published by the IRSST reveals, among other things, the disastrous consequences for injured workers when they do not feel believed or supported during their absence from work. Researchers actually observed the importance of workers' social reality for better understanding their rehabilitation process by listening to representations of health, illness and pain by workers unable to return to work due to musculoskeletal-related pain. The meaning of work generates stress or well-being. Meaningful work has vitamin effects on the worker's mental health and encourages his commitment towards an organization, while work without it promotes the onset of symptoms of stress, and even distress. This is one of the findings of a study funded by the Institut de recherche Robert-Sauvé en santé et en sécurité du travail (IRSST) on the meaning of work, mental health and organizational commitment, whose results have just been published. Research Projects by the IRRST Development of a complete solution for supporting prevention and intervention on psychosocial risks in the workplace #099-698: Ongoing Jean-Pierre Brun / Université Laval, Michel Vézina / Institut national de santé publique du Québec, Caroline Biron / Université Laval #099-698 : Companies, unions and joint sector-based associations are increasingly concerned about psychological health in the workplace. The research team's objectives are to inform, equip, train and support workplaces by developing a complete and diversified support solution for the prevention of psychosocial risks and interventions in this regard. The result of this activity will be a range of easily accessible information and tools that can be referred to by managers, union representatives, employees and resource people in the occupational health and safety field so that they can successfully carry out their procedures to prevent psychosocial risks in the workplace. TO FIND OUT MORE: http://www.irsst.qc.ca/en/_projet_3665.html Survey and analysis of the strategies for evaluating exposure to workplace contaminants #099-694 Daniel Drolet, Nicole Goyer, Brigitte Roberge / IRSST Jérôme Lavoué / Institut universitaire romand de Santé au travail André Dufresne / Université McGill Guylaine Beauchamp / IRSST Calculation of the work/rest regimen Quebec Occupational Health and Safety Research Institute (IRSST) and Université du Québec à Trois-Rivières (UQTR) conceived a computer-based tool allowing to estimate the alternate work/rest regimen during work in a hot environment. This bilingual tool is intended to support occupational health and safety practitioners in managing hot periods in the work environment. The computer-based tool calculates the alternate work/rest regimen during work in a hot environment using the following parameters: metabolic rate, WBGT (Wet Bulb Globe Temperature) temperature values at the workstation and at the rest location, as well as the clothing worn by the worker. Page 11 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Chronic Pain SIX MILLION CANADIANS LIVING IN PAIN FACE BARRIERS TO CARE The Painexplained.ca Campaign targets five top barriers preventing Canadians from accessing effective pain care. For more information: Ingrid Thompson, Campaign Coordinator, 647-428-7133 or info@painexplained.ca Ingrid@painexplained.ca 701 Rossland Road East, Suite 373, Whitby, ON L1N 9K3 Ph: 647-428-7133 / Fx: 905-668-3728 / Web: www.painexplained.ca Toronto, November 3, 2008 – Canadian doctors, patients, researchers, and other healthcare professionals are condemning the barriers that prevent Canadians from accessing proper and timely pain care. As part of this year‟s National Pain Awareness Week (November 2 – 8, 2008), the Painexplained.ca Campaign is targeting key reasons why Canadians are suffering needlessly or excessively from acute and chronic pain. “Our concern is this: how many of the six million Canadians out there in moderate-to severe chronic pain are suffering unnecessarily?” said Dr. Barry patients, leaving them with nowhere to turn. 15% of chronic pain patients also report being discouraged from receiving a pain treatment necessary to relieve their pain. (Source: Nanos Research, Oct 2008) 3. Doctors feel reluctant to prescribe needed pain medications: Best practice pain management often calls for the use of opioids and other powerful medications. Historic regulatory actions against pain doctors have put a „chill‟ on general willingness to prescribe pain medications, making it harder for legitimate pain patients to access proper pain care. Sessle, President of the Canadian Pain Society and Campaign Co-Founder. “We know that too many are 4. Wait times for effective pain care are unacceptable: An audit of wait times confirmed that some Canadians must wait as long as five years to receive care from an academic pain clinic. The risk of suicide while waiting for care is double that of the general population. (Source: CPS). “When you or someone you love is suffering, every 5. Out-dated attitudes make us reluctant to ‘speak up’ for proper pain care: Many Canadians mistakenly feel that pain is a normal part of their disease or the healing and aging processes, and therefore don‟t speak up to get treatment. But over time, the chemical and structural changes in the nervous system of those suffering unrelieved pain actually causes our nerve pathways to become „sensitized‟. This makes the pain more difficult (if not impossible) to treat effectively. not getting the timely care they desperately want and deserve. That‟s why we are targeting key barriers that cause greatest delay and distress to Canadian pain patients.” minute spent waiting for proper pain care feels like a travesty,” said Lynn Cooper, President of the Canadian Pain Coalition and Campaign Founding Member. “It is unacceptable that so many of us are living with pain that could have been prevented, cured, or reduced with proper and timely care.” Five key issues have been identified which are exacerbating the struggle of Canadians with untreated or undertreated pain: 1. Canadian Healthcare Professionals are insufficiently trained about pain: A 2007 audit of 41 Canadian undergraduate Healthcare Professional programs revealed that 67% of all healthcare programs surveyed could not identify specific training in the mechanisms, diagnosis or treatment of pain. The same study revealed that Canadian veterinary students get five times as much specific training about pain as medical students. (Source: WattWatson/McGillion/Hunter, 2007) 2. Pain Patients are struggling to find doctors able and willing to help: Over 14% of chronic pain patients report being refused care by a doctor or having their care terminated because of their pain. Many new physicians are refusing to take on these Page 12 “New knowledge and best practices now exist that can help prevent, manage and even cure chronic pain,” Dr. James Henry, Scientific Director of the Michael G. DeGroote Institute for Pain Research and Care at McMaster University, and President of the Canadian Pain Foundation. “But patients aren‟t yet benefiting from this knowledge, in part because of these systemic barriers. It‟s time we did better for Canadians living with pain.” Painexplained.ca is a new campaign supported by the Canadian Pain Society, Canadian Pain Coalition, the Canadian Pain Foundation and other partner groups, companies and individuals. The campaign seeks to raise awareness and promote better prevention and management of all types of pain in Canada. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Page 13 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Our Goals CIWA/ACVAMT Is about  Support We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada. Independence We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers. Partnerships We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels. Information Sharing We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives. To work towards a just system of compensation, rehabilitation and reemployment in all of Canada.  To provide a national forum for debating issues concerning injured workers at national conferences and board workshops.  To gather and share information with groups across Canada.  To improve the Occupational Health & Safety of workers across Canada.  To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups.  To enhance the local base of the injured workers movement through all our activities.  To form partnerships that will achieve common goals. Publications Available  The VOICE OF INJURED WORKER  PLAIN TALK  HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR  REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992  RETURNING TO WORK  VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE  INJURED WORKERS … ON THE MOVE  COMING TOGETHER VIDEOS & WORKBOOKS  YOUTH PROJECT MANUAL, 2002  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT 1201 Jasper Drive Thunder Bay, ON P7B 6R2 Ph: 807-345-3429/Fx: 807-344-8683 Toll Free: 1-877-787-7010 Email: ciwa@vianet.ca Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers/ groups / organizations, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Page 14 � 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 2009 Description An account of the resource Articles about medical marijuana in Ontario, Ontario WSIB losing $3.34B to payouts and stock market drops, chronic pain research in Quebec, the Day of Mourning deaths in the workplace in Newfoundland, news and research projects by the IRRST, the Painexplained.ca campaign for education on chronic pain. Letter to the editor about issues with the governance of Work Safe New Brunswick. List of website links to resources for injured workers. 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 2009 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English 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/418beecbe1a3ea19eda3b560d08d8432.pdf 347eadb931a4bc155d38ff2d56fe851e PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Inside ….. CIWA/ACVAMT Contacts ......................................................... 2 Provincial Reports ............................................................ 3, 4, 5 Harmonized GST/PST .............................................................. 6 Repetitive Strain Injury............................................................. 6 Prescription Painkillers .............................................................. 7 UN Convention – Rights of Persons with Disabilities .............. 7, 8 Chronic Pain .................................................................... 10, 11 CIWA, About ......................................................................... 12 ANNUAL EVENTS: National R.S.I Day Injured Workers Day Chronic Pain Awareness Week National Day of Mourning February 28 June 01 November April 28 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail P L E A SE HE L P … … … … S U B S C R I B E T O D A Y ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ ________________________________ Postal Code ________________________________ Phone ________________________________ Fax ________________________________ E-Mail ________________________________ Web Site ________________________________ ________________________________ Newsletter Subscription: Highlights is published 4 times per year Injured Worker/Unemployed $ 5.00 _________ Individuals $ 10.00 _________ Organizations $ 15.00 _________ Donations $ _________ Total $ _________ CIWA THANKS YOU for Your SUPPORT Editor’s Note This newsletter is distributed via email, fax, or mail to CIWA/ACVAMT members and groups with an interest in injured worker issues as resource tool to share and exchange information. The vi ews and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or for their opinions. You are welcome to share and distribute this newsletter with others that are interested. It is also available on our website at www.ciwa.ca. PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… SK ... Robert Lindsay, Regina Western Injured Workers Society President ... Secretary … Treasurer … NS... Dave MacKenzie, Westville Pictou County PEI ... Leonard J. Crawford, Summerside ON ... Gerry Landry, Thunder Bay Ontario Network of Injured Worker Groups AB... Sherri Scott, Fort MacMurray NL... Clive Hamilton, Labrador City NB... Thomas Connolly, Mirimachi Rob Lindsay Leonard J. Crawford Dave MacKenzie ADVISORS… Vincent Boyce, Injured Worker, Manitoba Andy King, U.S.W.A. Lynn Shaw, University of Western Ontario Patti MacAhonic, BC Injured Workers and Survivors Education Association STAFF… Phil Brake, National Coordinator Monika Wiitala, Office Manager L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL CANADIAN INJURED WORKERS ALLIANCE 1201 Jasper Drive Thunder Bay, Ontario. P7B 6R2 Phone: 807-345-3429 Fax: 807-344-8683 Page 2 email: ciwa@vianet.ca Toll Free: 1-877-787-7010 Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL REPORTS / UPDATES President’s Report: ONTARIO (Represented by G.Landry) CIWA and its Board members across Canada have been very busy over the last year. We’ve been in discussions with Labour Organization in Saskatchewan and Alberta trying to revive our Youth Project. We feel this is an important project as it stills seems that youth in the workplace are unaware of their rights and Occupational Health & Safety. Even with all the programs for youth out there, the abuse and neglect it still extremely evident and we want to be part of educating Canada’s youth on workplace rights and responsibilities of both the employer and themselves as the employee. We are seeking and very hopeful in attaining financial donations from Labour as well as any organizations that would like to see a specialized program for Youth in the Workplace. Lobbying to improve pensions has went well. 2.5% increase for 3 years We have also had the opportunity to voice our opinions on Workers Compensation issues across Canada, following three lengthy radio interviews. These were with Global Radio One in Saskatchewan, another from a station in Toronto, and another with a radio station in Toronto. These interviews came about after a hostile hostage taking incident in the WCB building in Calgary, Alberta that was broadcast nationwide. The Office of Disability Issues is conducting various teleconferences regarding technology for persons with disabilities and we are very excited to be part of these discussions. The president attended a meeting with the Canadian Pain Coalition in Toronto, in March of 2010. This meeting was part of a working group which is geared toward partnering and achieving CPC and CIWA goals and objectives. We are extremely excited to be part of this fantastic organization and look forward to a long partnership. We continue to receive many inquiries from injured workers across Canada regarding their WCB claims. We are able to refer them to injured worker groups and other like minded organizations that help injured workers with their claims. We do need to update our database as it seems that there are new groups popping up and others closing down that we are unaware of. If anyone has any information that we could update our database and website with, it would be greatly appreciated. New Bill passed – you must be a paralegal to represent injured workers before WSIB. We should lobby for full legal aid for injured workers. Dr. Lynn Shaw:  Client insights on knowledge - use and access in return to work  Opening doors to information for injured workers through knowledge exchange and research with consumer community groups  Evaluating the support needs of injured workers in managing occupational transitions after injury  Using metaphors to study occupational transitions  Knowledge to action - Advisory Board request for nominations went out; none were reviewed  The CIWA Board will assume this role. She will have two fact sheets ready for next meeting. New Brunswick How many services to injured workers have been discontinued at the Rehabilitation Centre based on erroneous information? Injured workers are being failed by a system that was intended to facilitate rehabilitation and return to work. Workers made great sacrifices, including giving up the right to sue our employers in exchange for this service. We are calling on Minister Arseneault to look very closely at the decision making process of the Worksafe New Brunswick Board of Directors. Is the rehabilitation of injured workers still a priority or is it another issue that is being driven at any costs? Michel Boudreau, NBFL President BC (Presented by Patti MacAhonic) The government of BC made changes to WCB that have saved the employers hundreds of millions of dollars which directly, negatively affect injured workers. Our next Board of Directors meeting will be held in Newfoundland in June or July sometime. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail April 22, 2009, BC cont’d … A Report released today by the BC Federation of Labour shows that controversial changes made by the Campbell government to the Workers Compensation Board (WCB) have resulted in massive cost-savings for employers but has come at a profound cost to injured workers. "This Report shows the Campbell government's changes to WCB were based entirely on the false claim that the existing compensation system was unsustainable," says Jim Sinclair, President of the Federation. "Employers lobbied hard for these changes and they have been rewarded with huge cost-savings that have destroyed the lives of seriously injured workers." The most extreme consequences of the changes are the effective elimination of loss of earnings pensions and the virtual elimination of vocational rehabilitation services. This has had a negative economic impact on thousands of permanently injured workers and their families. "The loss of earnings pension is one of the most important benefits for a seriously injured worker," says Stan Guenther, one of the authors of the Report. "Without a pension and without the ability to work, an injured worker faces a lifetime of financial hardship." The changes made to the WCB pension system have also led to the virtual elimination of any need for vocational rehabilitation. As a result, the WCB's rehabilitation budget was slashed from $130 million in 2002 to just $3 million in 2006. "The loss of rehabilitation means the WCB has stopped providing the crucial assistance that injured workers need to return to the workplace and regain their ability to earn a living," said Janet Patterson, one of the authors of the Report. "Employers are saving hundreds of millions of dollars because seriously injured workers are being denied the compensation they need while disability claims and workplace fatalities continue to rise," Sinclair added. The Federation is calling on the provincial government to restore loss of earnings pensions, restore vocational rehabilitation services and implement the other recommendations made by the authors of the Report. To see the full Report and Summary, click here. Page 4 http://bcfed.ca/files/1520-09brInsult%20to%20Injury_1.pdf Patti has been searching for a suitable candidate to sit on the Board, but has been unsuccessful so far. SASK (Represented by Rob Lindsay) Western Injured Workers Society would like CIWA to become more involved as things are getting worse in the West. QUEBEC Visit – Info IRSST Newsletter at http://www.irsst.qc.ca/files/documents/en/InfoIrsst/Ac tuel/InfoIRSST_v08n01.htm To read or download the whole story: RESEARCH REPORT NOW AVAILABLE 4,4'-Diphenylmethane diisocyanate (MDI) Safety practices and concentration during polyurethane foam spraying This study documented the practices relating to occupational health and safety (OHS) under a variety of conditions under which insulation work is done, and evaluated the MDI concentrations in the work areas. The workers run a risk of exposure to MDI in aerosol form, particularly when they do this work indoors. The report's authors note that nothing indicates that OHS practices are completely respected on Québec construction sites and recommend that the subject of respiratory and skin protection be integrated into the continuing training of workers. DOWNLOAD THE REPORT at: http://www.irsst.qc.ca/files/documents/PubIRSST/R629.pdf MANITOBA Supreme Court absolves national union of liability for Giant Mine nine-fatality explosion In a long-awaited 9-0 decision, the Supreme Court of Canada has ruled that the CAW as a national union is not liable for the actions of Roger Warren, a local union member who deliberately set an underground explosion that killed nine gold miners in the midst of a bitter and violent strike at the Giant Mine in the Northwest Territories. The Court held that the national union was a distinct legal entity from the local union and was neither directly nor vicariously responsible for what occurred. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Manitoba, cont’d … Upholding a 2008 decision by the Northwest Territories Court of Appeal that quashed a lower court judge's award of $10.7 million in damages, the Supreme Court also found no liability on the part of either the Northwest Territories government or the Pinkerton's security firm hired by the mining company to protect the miners who replaced the striking workers during the bitter dispute. The rest of this report is available at: http://www.lancasterhouse.com/ NOVA SCOTIA Injured civilian workers also battling government red tape Letter to The Annapolis County Spectator Article online since November 25th 2009, 19:57 Dear Editor: Mrs. Dornan stated ('Military families battling red tape,' Spectator, November 19): ―If civilians are injured on the job, they can expect to receive assistance from Workers Compensation,‖ she said. ―But we have to prove everything, starting from the fact that he served in Bosnia, to establishing a conclusive cause of his illness.‖ That is far from the truth. We as injured workers have received the same treatments by those that are meant to help us, namely WCB and our government. We have our rights and freedoms removed from us via government that allows for the WCB to lobby them for changes made to legislation that enable this illegal act. Here in Canada we had a protest planned for December 10, 2009 as that is United Nations Human Rights Day, to take place at war memorials and monuments across Canada. We were told NO by the Royal Canadian Legion, even though those who sacrificed their lives to ensure our rights and freedoms, it was considered to be a disgraceful act upon us. They can fight for our rights and freedoms, but we are not allowed to have their support, for fighting for the same cause. Also here is a link to the United Nations Human Rights Violations that we as injured workers are experiencing: abusebyalbertasworkerscompensation.blogspot.com Sincerely, Ken Markkula Bruce, AB Website Links – Information Resources Injured Workers Online http://www.injuredworkersonline.org/  Facing poverty: how does Ontario's new strategy meet the needs of injured workers? Poverty and suffering is too often the result of workplace injuries or diseases that affect approximately 300,000 workers and their families in Ontario.  Find local support groups and join the Ontario Network of Injured Workers' Groups (ONIWG) to help make a difference.  Ontario's injured worker movement has a long and proud history. Read about it in the Injured Workers' History Project bulletins!  Check on current worker-centred research projects and training.  Understand your legal rights and access community legal information (CLEOnet updates) injuredworkersonline.org is a collaborative effort of injured workers, trade unionists, community activists and advocates, and doctors. We seek better treatment for injured workers by their employers, government and workers' compensation system.  Learn more about the key issues and what's happening at Queen's Park to review and reform workers' compensation law. Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail NEW HARMONIZED GST/PST In July (2010) the ONTARIO Government is set to put into force its new harmonized GST/PST sales tax which will apply a 13% sales tax to everything we purchase. Things That Were Not Subject To The Current 8% PST Will Be Now Taxed at 8%. - The new 13% tax will therefore apply to things like your electric bill, your gas bill, your water bill, condominium fees, insurance premiums, and every other good and service you purchase.. There are almost no exemptions. - The current Ontario PST tax does not apply to services, nor does it apply to the purchase of certain goods. The New 13% Tax will also apply to the purchase of All New Homes - If a person were to purchase a new $1 million dollar home in Toronto, they would have to pay roughly $200,000 in taxes as a result of the Ontario land transfer tax, the new city of Toronto land transfer tax, and the new harmonized 13% GST/PST. - The extension of the new 13% GST/PST to homes is simply a tax assault by the government on your primary home. They want to tax your primary home and you will suffer because of it. The New 13% Tax Will Effectively Raise Your Income Taxes Currently, the combined Federal/Ontario income tax rates are roughly 25% on the first $20,000 of taxable income, 42% on the next $40,000 of taxable income, and 46.5% on each dollar of taxable income over $60,000. On top of that you have to add the "Fair Share Health Tax" of up to $1,000 each of us has to pay. If the Ontario Government gets away with implementing their new harmonized GST/PST sales tax of 13%, the top effective income tax rates in Ontario will be as follows (since you can't spend any of your tax paid dollars without paying the new harmonized 13% GST/PST tax): 38% on the first $20,000 53% on the next $40,000 59.5% on every dollar over $60,000 On top of that, you have to pay your Ontario Fair Share Health Tax, your city realty taxes, your city garbage fees, your city water fees, your city street parking permit fees, your annual Ontario and new city of Toronto vehicle license plate fees, your Ontario land transfer tax, your new city of Toronto land transfer tax, your gasoline taxes, your liquor taxes, your air departure taxes, your entertainment taxes, and so on. Of all the money you worked hard to earn, what percentage are you really keeping for your own use? 25%? 20%? 10%? TAKE THIS ISSUE SERIOUSLY - FILL AND SIGN THE PETITION AT www.unfairtaxgrab.com AGAINST THE NEW HARMONIZED GST/PST TAX. Repetitive Strain Injury Awareness Day - February 29 The Canadian Labour Congress calls on all levels of government to take the issue of Repetitive Strain Injury more seriously. Ergonomic regulations to protect Canadian workers from coast-to-coast-to-coast are long over due, as is proper enforcement of regulations where they currently exist. This call for government action is supported by a Statistics Canada report going back to 2003, indicating that one out of every 10 Canadian adults had a repetitive strain injury (RSI) serious enough to limit their normal activities. In terms of lost work time and reduced productivity, the cost of RSI to the economy demands action. Among federal government workers alone, between 11,000 and 17,000 RSI claims are filed each year. The Page 6 total work days lost each year are estimated between 45,000 and 73,000. The estimated cost: between $24 and $40 million. Broader studies, using a societal approach (regardless of payer) have placed the total cost of RSIs at $26.6 billion, or about 3.4% of the gross domestic product. Workers in sales or service, trades, transport or equipment operating, farming, forestry, fishing or mining, and processing/manufacturing or utilities are at high risks of reporting an RSI. Women’s jobs, especially office jobs and micro assembly work, often involve a high risk for RSI which may explain why generally, more women reported a new RSI to worker’s compensation boards. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Repetitive strain injury creates significant personal and economic burden for workers and also has a major impact on health care costs, since many of these injuries are not reported to worker’s compensation boards. Today, we have regulations in some provinces and, federally, ergonomics have been incorporated in the Hazard Prevention Regulations. While this is a victory, there is still much to be done to ensure enforcement of these regulations. Work stress deriving from a fast work pace, role ambiguity, worry and monotonous tasks have been associated with RSIs in the past. The Statistics Canada report supports the association between work stress and RSIs. We call on the federal government to ensure that the ergonomic regulations which were recently incorporated in the federal Hazard Prevention Regulations, be enforced. In 2000, amendments to the Canada Labour Code Part II included the prescription of ergonomics standards in the federal jurisdiction. In 2002, union representatives started to work with government representatives in order to develop regulations on ergonomics. We also call on the government to provide proper training to federal workplace inspectors so that ergonomic hazards are identified and eliminated wherever possible. We call on provincial and territorial governments to introduce ergonomic regulations if they have not yet done so. Deadlier than Cocaine, Heroin, and the Swine Flu? Posted by Dr. Mercola | November 21 2009 | Addiction to prescription painkillers — which kill thousands of Americans a year — has become a largely unrecognized epidemic, experts say. In fact, prescription drugs cause most of the more than 26,000 fatal overdoses each year, says Leonard Paulozzi of the Centers for Disease Control and Prevention. The number of overdose deaths from opioid painkillers — opium-like drugs that include morphine and codeine — more than tripled from 1999 to 2006, to 13,800 deaths that year, according to recently released CDC statistics. In the past, most overdoses were due to illegal narcotics, such as heroin, with most deaths in big cities. Prescription painkillers have now surpassed heroin and cocaine however, as the leading cause of fatal overdoses, Paulozzi says. Experts say it's easy to see why so many Americans are abusing painkillers. As Americans age and carry extra pounds, more are asking for pain relief to cope with joint problems, back pain and other ailments. Sources: USA Today October 2, 2009 Orthomolecular.org October 27, 2009 Daily Mail August 11, 2009 Canada Ratifies UN Convention on the Rights of Persons with Disabilities (No. 99 - March 11, 2010 - 11:15 a.m. ET) The Honourable Lawrence Cannon, Minister of “Canada is committed to promoting and protecting the Foreign Affairs, and the Honourable Diane Finley, rights of persons with disabilities and enabling their full Minister of Human Resources and Skills Development, participation in society,” said Minister Cannon. today announced that, with the support of all provinces “Ratification of this convention underscores the and territories, the Government of Canada has ratified Government of Canada’s strong commitment to this the Convention on the Rights of Persons with goal.” Disabilities at United Nations headquarters in New York City. “Canada is proud to have been one of the first countries to originally sign the Convention in 2007,” Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail said Minister Finley. “The ratification of this agreement is just further acknowledgement that Canada is a world leader in providing persons with disabilities the same opportunities in life as all Canadians.” “Today is a momentous day for Canadians with disabilities and their families,” said Bendina Miller, President of the Canadian Association for Community Living (CACL). “CACL is thrilled that Canada has ratified the Convention. Canada has been an international leader on disability and human rights, and through ratification can continue to play this important role. CACL looks forward to working with the Government of Canada on implementing and monitoring compliance with the Convention.” “The Government of Canada’s ratification today of the Convention is a historic event for Canadians with disabilities,” said Marie White, National Chairperson of the Council of Canadians with Disabilities. “It signals the end of an era where people with disabilities were seen as objects of charity. Ratification of the Convention makes real our goal of recognition as full and equal citizens of Canada. “Ratification of the Convention puts an end to the medical model and opens exciting new opportunities for building a more inclusive and accessible Canada. Canadians with disabilities applaud the Government of Canada for this historic action.” “As the Government of Canada continues to play a leading role with respect to the inclusion of persons with disabilities in sport, we wish our paralympic athletes the best of luck at the upcoming Paralympic Games in Vancouver,” said Minister Cannon. The Convention on the Rights of Persons with Disabilities is an international human rights instrument of the United Nations intended to protect the rights and dignity of persons with disabilities. Parties to the Convention are required to promote, protect and ensure the full enjoyment of human rights by persons with disabilities, and to ensure that they enjoy full equality under the law. There are approximately 4.4 million persons with disabilities in Canada—about 14.3 percent of the population. - 30 – For further information, media representatives may contact: Catherine Loubier Director of Communications Office of the Minister of Foreign Affairs 613-995-1851 Foreign Affairs Media Relations Office Foreign Affairs and International Trade Canada 613-995-1874 Michelle Bakos Press Secretary Office of the Minister of Human Resources and Skills Development 819-994-2482 Media Relations Office Human Resources and Skills Development Canada 819-994-5559 Backgrounder - UN Convention on the Rights of Persons with Disabilities The United Nations General Assembly adopted the Convention on the Rights of Persons with Disabilities on December 13, 2006, after several years of negotiation in which Canada took an active role. Canada was among the first countries to sign the Convention when it was opened for signature on March 30, 2007. The purpose of the Convention is “to promote, protect and ensure the full and equal enjoyment of all human rights and fundamental freedoms by all persons with disabilities, and to promote respect for their inherent dignity.” It reaffirms for persons with disabilities existing civil, political, economic, social and cultural rights set out in international law. The Convention’s core obligations relate to nondiscrimination and reasonable accommodation. These core obligations are then elaborated in specific provisions that address such issues as freedom of Page 8 expression, political rights, liberty and security of the person, legal capacity, education, health and employment. The Convention also contains provisions on issues unique to people with disabilities, such as accessibility, independent living and inclusion in the community, as well as the processes of rehabilitation and habilitation, through which those with disabilities learn to function fully in society. The Government of Canada consulted provincial and territorial governments throughout the Convention’s negotiation, signature and ratification processes. The Canadian government also consulted civil society through a national round table with stakeholders, and an online consultation open to the public. It also sought the views of self-governing Aboriginal groups on how ratification of the Convention might affect their communities. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Mourning Day Act http://www.ccohs.ca/events/mourning/act.html S.C. 1991, c. 15 An Act respecting a Day of Mourning for Persons Killed or Injured in the Workplace [Assented to 1st February, 1991] WHEREAS it is desirable that Canadians should designate a day of mourning to remember workers killed, disabled or injured in the workplace and workers afflicted with industrial disease; AND WHEREAS Canadians seek earnestly to set an example of their commitment to the issue of health and safety in the workplace; NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows Short title 1. This Act may be cited as the Workers Mourning Day Act. Day of Mourning 2. (1) Throughout Canada, in each and every year, the 28th day of April shall be known under the name of "Day of Mourning for Persons Killed or Injured in the Workplace". (2) For greater certainty, the Day of Mourning for Persons Killed or Injured in the Workplace is not a legal holiday or a non-juridical day and shall not be required to be kept or observed as such. National Day of Mourning, April 28, 2010 - CLC Statement Posted: Thursday, 15 April 2010 Is today the day you die at work? http://www.canadianlabour.ca/news-room/statements/national-day-mourning-april-28-2010-clc-statement Over the past twenty-five years, successive governments have pledged their support to workers and their unions. They announced new workplace health and safety laws and regulations - some of the best in the world. Unfortunately, they have failed to provide the resources needed to enforce those new laws. Over the last twenty-five years, the number of Canadians who die every year because of something that happened to them at work has been steadily growing. We know that hundreds more deaths occur due to exposures to carcinogens and toxins in the workplace, but they are never identified or accepted as work-related by Workers’ Compensation Boards. The slogan for the CLC National Day of Mourning, ―Is today the day you die at work?‖ asks, why is it that so many Canadians unjustly lose their life? Sadly, for 2008, the most recent year for which we have statistics, 1,036 Canadians lost their lives because of their work. This is the reason why Canada’s workplaces claim a growing number of lives every year; the laws are not enforced, so reckless employers are allowed to carry on without consequence. It’s time for the federal government and the provincial and territorial governments to appoint special prosecutors to lay charges under the Criminal Code against employers when their actions cause death or serious injury. More inspectors must be hired to ensure employers comply with the law. Government regulators must be held accountable for this carnage that seems to go unchecked. As we take time today, April 28th, to remember those who have lost their lives, been injured or became ill, due to their work, I ask you to do more than reflect on the importance of health and safety, I ask you to think of those who are closest to you, your child, your spouse, your sibling, your parent, your best friend. Consider the role they play in your life and your family’s lives. Imagine if their life was taken from them. Every single one of those 1,036 lives that ended in 2008 had dreams, had a mom and had people who loved and continue to love and miss them. In Solidarity, Ken Georgetti, President Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Ontario: Correen DiFlorio (IWC)" <DifloriC@lao.on.ca> On Christmas Eve 2009, four workers were killed and one seriously injured when a construction swing stage snapped in half and plummeted 13 storeys to the ground. Another 400 Ontario workers were killed the same year and about 374,000 were injured. On Wednesday, April, 28th join the Toronto and York Region Labour Council as we remember our sisters and brothers who have been killed on the job or who have died as a result of workplace diseases. This special day also offers an opportunity to rededicate our efforts to achieve healthier and safer workplaces and seek justice and fair compensation for injured workers. Toronto Location: Nathan Philips Square, 100 Queen Street West Date: Wednesday, April 28th, 2010 at 12:00 Noon For more information contact the Toronto and York Region Labour Council at: 416-441-3663 or Enzo Mancuso @ 416-522-2386 New Brunswick http://www.gnb.ca/cnb/news/wcs/2010e0160wc.htm New Brunswick will soon have a seventh Day of Mourning monument, which will be erected at the entrance to the Hatheway Labour Exhibit Centre (Lily Lake Pavilion) in Rockwood Park in Saint John. The mock-up was unveiled at a ceremony in October 2009. The monument will take over a year to complete, and the official unveiling is planned for the Day of Mourning commemorative ceremonies on April 28, 2011. For further information on the Day of Mourning monuments and other labour landmarks in New Brunswick, visit the Labour History in New Brunswick website. http://www.lhtnb.ca/ 10/02/05 MEDIA CONTACTS: Elizabeth Joubert, communications, Department of Wellness, Culture and Sport, 506-457-6445; Nicole Lang, Université de Moncton, Edmundston campus, 506-737-5191 Chronic Pain Visit the Canadian Pain Coalition website for more information: http://www.canadianpaincoalition.ca/index.php/en/help-centre/conquering-pain/stress-pain Is There a Connection Between Pain, Stress and Depression? What Can I Do Myself to Lower Stress? Page 10 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Chronic pain disrupts your life, lessens your ability to handle stress, weakens your immune system, and can result in anxiety, anger, and depression. Depression is one of the most common problems experienced by people with chronic pain. If pain results in a loss of independence or mobility that decreases an individual’s participation in social activities, the risk of depression significantly increases. If you suspect that you may be depressed, it is very important that you discuss this with your doctor. Your brain can send signals to your body that can affect the way you experience pain. These signals use chemicals similar to morphine (called endorphins) that naturally occur in your body. Relaxation exercises with visual imagery can help you take advantage of these endorphins to cope with your pain and the stress it causes. Here are the steps to follow:        See our website for a downloadable video. Sit in a comfortable position in a quiet room. Take three deep breaths. Feel the air rush in through your nose when you inhale, and then blow the air out as you exhale. Listen to the sound this makes. Think of a place where you felt really safe and in control of your pain. It could be the beach where you spent your last vacation or sitting by the window in your home, for example. Picture yourself there now. Imagine what it feels like to sit in that favourite spot, with the wind through your hair or the warm sun on your face. Keep taking deep breaths. Now turn your attention to your body. Pay attention to your pain. What colour is it? Is it a sharp, bright orange? A dark, cloudy grey colour? Picture where that colour is on your body. Now as you take slow breaths, feel how you can control that colour. See it slowly getting lighter and lighter with each breath. Feel the pain flow out little by little as you exhale. See     how the colour shrinks down to a smaller size as you breathe in and out. Imagine that the parts of your body that are in the least pain are spreading decreasing the intensity of your pain. Picture yourself in control of your pain, right here in your safe place. Take a few more deep breaths, feeling the air rush in through your nose when you inhale and the air blowing out as you exhale. Picture that light, soft colour that lets you know you are in control of your pain. Stay there in that safe spot for a while, listening to your breath, or open your eyes when you feel ready. You can repeat this exercise several times a day if you need to. It may be helpful to have someone read it to you. Try it when you can feel your pain starting up. Don’t wait until your pain gets severe. This exercise is one of the tools you can use to stay in control of your pain. The exercise becomes more powerful the more you practice it. Don’t give up if you do not get results the first few times. Relaxation with music. You can turn listening to music into a relaxation exercise. Use music that makes you feel good. Some people prefer music with no lyrics for these exercises. Others enjoy recordings of nature sounds. Find a quiet room and make yourself comfortable. Take three deep breaths. Feel the air rush in through your nose when you inhale, and then blow the air out as you exhale. Put on your stereo or your headphones and listen to your chosen music. You can close your eyes if you like. Try to concentrate on the music itself and block out other thoughts you are having. You can stay like this for twenty minutes if you like, and you can make this another tool that you use daily to stay in control of your pain. Page 11 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Our Goals CIWA/ACVAMT Is about  Support We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada. Independence We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers. Partnerships We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels. Information Sharing We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives. To work towards a just system of compensation, rehabilitation and reemployment in all of Canada.  To provide a national forum for debating issues concerning injured workers at national conferences and board workshops.  To gather and share information with groups across Canada.  To improve the Occupational Health & Safety of workers across Canada.  To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups.  To enhance the local base of the injured workers movement through all our activities.  To form partnerships that will achieve common goals. Publications Available  The VOICE OF INJURED WORKER  PLAIN TALK  HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR  REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992  RETURNING TO WORK  VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE  INJURED WORKERS … ON THE MOVE  COMING TOGETHER VIDEOS & WORKBOOKS  YOUTH PROJECT MANUAL, 2002  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT 1201 Jasper Drive Thunder Bay, ON P7B 6R2 Ph: 807-345-3429/Fx: 807-344-8683 Toll Free: 1-877-787-7010 Email: ciwa@vianet.ca Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers/ groups / organizations, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Page 12 � 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 2010 Description An account of the resource News updates from each province in regards to injured worker's rights. Articles about harmonized GST/PST tax, Repetitive Strain Injuries and Repetitive Strain Injury Awareness Day, the rise of opioid addiction, Canada's ratification of the Convention on the Rights of Persons with Disabilities, National Day Of Mourning work-related deaths, managing chronic pain with relaxation and meditation. 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 2010 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English Type The nature or genre of the resource Text Subject The topic of the resource 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 https://digitalcollections.lakeheadu.ca/files/original/54c620627de9fb5ee6d66e7f88a9b06f.pdf 9cde571219372c6ad00c7aff1b137b7a PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Focus on Experience Rating As you probably know, we have adopted the practice of focusing each issue of this newsletter, "Highlights", on one specific issue or area of the Workers' Compensation System in Canada. This allows us to explore one area in more depth and analysis as well comparing provincial similarities and differences. This issue focuses on Experience Rating. We are seeing most provinces expanding their Experience Rating Programs in the name of incentives for Health & Safety. Does Experience Rating actually promote Health & Safety? There is no conclusive proof that it does. But there is proof that some employers are receiving multi-million dollar rebates through these programs. Could that be the real reason these programs are expanding? You be the judge. Check out what people from across the country have to say in our Provincial Comparisons. Don't miss the news and happenings sections and updates on our projects and activities. And most important, share your experiences with us. Our next issue of Highlights will focus on the Openness or secrets of the Workers' Compensation System. We would love to hear from you. Please send us your thoughts & experiences for the next newsletter. Visit our Web-site at http://www.ciwa.ca Table of Contents CIWA/ACVAMT contacts ...................... 2 News & Happenings ............................ 3 Projects ............................................... 3 Interesting Articles ................................ 4 Do We Care? (Fr/Eng) ...................... 5 - 8 Provincial Comparison Charts (Fr/Eng)9 - 15 CIWA/ACVAMT Info ............................ 16 Page 1 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PLEASE HELP ………… S U B S C R I B E ! Name: ________________________________ Organization: ________________________________ Date: ________________________________ Newsletter Subscription: ________________________________ Highlights is published 4 times per year ________________________________ Injured Worker/Unemployed $ 5.00 __________ Postal Code ________________________________ Individuals $ 10.00 __________ Phone ________________________________ Organizations $ 15.00 __________ Fax ________________________________ Donations $ __________ E-Mail ________________________________ Total $ __________ Web Site ________________________________ THANKS for Your SUPPORT! Address: Editor’s Note This newsletter is for sharing and exchanging information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or opinions. PROVINCIAL REPS TO THE STEERING COMMITTEE BC … Craig McLachlan, North Vancouver COMPONET SK ... Robert Lindsay, Regina Western Injured Workers Society. MB… Vincent Boyce, Winnipeg Injured Workers Association of Manitoba ON... Joan Crevar, Hamilton Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l’ATTAQ NF... Patricia Dodd, Mount Pearl NLIWA Phil Brake, Labrador City USWA NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Pictou County Pictou County Injured Workers Association YT… Robert A. King, Whitehorse Yukon Injured Workers Alliance ADVISORS… Andy King, Occupational Health Clinic for Ontario Workers Orlando Buonastella & Marion Endicott, Injured Workers Consultants NATIONAL COORDINATOR … Steve Mantis, Canadian Injured Workers Alliance L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL MAILING ADDRESS: CANADIAN INJURED WORKERS ALLIANCE STREET ADDRESS P.O. Box 3678 1201 Jasper Drive Thunder Bay, Ontario. P7B 6E3 Thunder Bay, Ontario. P7B 6R2 Phone: 807-345-3429 email: ciwa@norlink.net Fax: 807-344-8683 Web-site: www.ciwa.ca Page 2 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Toll Free 1-877-787-7010 News & Happenings Thanks to the Social Development Partnership Program of HRDC for the funding necessary to produce this newsletter. STAFF CHANGES We sure appreciate your help !!! We have had a change of staff over the summer. Corinne Yantha, the Executive Assistant, has moved to Timmins, Ontario and is now teaching secondary school there. Upcoming Events We want to thank Corinne for her hard work and dedication to justice for injured workers. We wish her the best in Timmins. We will miss her. November 17 - 20, 2000. "Unions Mobilizing for Disability Rights" hosted by the CLC The Queen Elizabeth Hotel Montreal, Quebec We also want to welcome Melanie MacEachern as our newest staff member. Melanie started work with us on Labour Day and will be assuming many of Corinne's previous responsibilities including maintaining our web site. So the cheerful voice you may hear when calling our office belongs to Melanie. CIWA/ACVAMT Projects Youth Project Report UPDATE: The Youth Project is coming together very well. Following is a summary of what has been happening at the various test sites. Background Our Youth Project aims to educate young people on workplace accident prevention and post-accident issues. Throughout the project, we will develop a model workshop, resource package and peer support model to reach out to young workers. Thunder Bay Has it's first four presentation test dates set for October and November, 2000. Cornwall In Cornwall, Ms. Beate Wildraut is presently recruiting more youth to present. She has contacted the high schools in her area for possible presentation sites. OSHAWA In Oshawa, Mr. Rick Williams has test sites lined up and will be booking the sites in the near future. Ontario is very excited about this project and believes that we will be able to reach many more young people than do the existing programs. NEWSFLASH: Mr. Don Hall from the Ministry of Labour who has responsibility for the Young Workers Health and Safety Advisory Council in Note that Ross Singleton is the ONIWG representative on that council. We need you! For the second phase of this project, we are planning on training 42 members from injured workers groups across Ontario . The training will occur in the winter of 2001. In the third phase, we plan to take the training across the country in the spring of 2001. These members will be trained: i) to recruit young people as volunteers ii) to arrange presentations in schools iii) to deliver the presentations Page 3 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance For more information or to sign up for the training sessions, phone Melanie at the CIWA/ACVAMT office at 1-877-787-7010. Page 4 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance W.C.B. STILL ROLLING IN DOUGH! Read all about it! Ontario WCB 1999 Annual Report now out! http://www.wsib.on.ca/wsib/wsibsite.nsf/Public/AnnualReports In spite of reducing employers' premiums by 6.6% (p.14) to an average rate lower than it has been since 1985, our corporate workers' compensation board (the Ontario WSIB) collected a 4.4% increase in total premiums and a 6.8% increase in investment income (p.17). Even after generous increases in the salaries of its executives (e.g. salaries of Chair / Pres.>$1,000,000 per year), and an unfortunate 3.6% increase in the number of allowed lost time injury claims (p.23), the Board still had an excess of revenue over expenses in the amount of $904 Million (p.26). In a private insurance system, that would be profit, which explains the interest in privatization from some quarters. Compared to inflation, as measured by a 2.4% increase in the Consumer Price Index, that's still a healthy increase. Unfortunately, that was due in part to the losses suffered by most permanently disabled injured workers who only received a 0.2% increase in their compensation this year, much less than the increase in their cost of living. It seems about time to give some consideration to the financial well being of injured workers, the people this is all about. This is just a brief review - take a look for yourself. A lot of information is available online. It will be interesting to see other people's analysis. Injured Workers' Consultants/John McKinnon U.S. WORKERS LACK BASIC FREEDOM OF ASSOCIATION RIGHTS In a report released today, Human Rights Watch (HRW) finds that U.S. workers lack the basic rights to organize, bargain and strike required by universal human rights norms. The result of a yearlong study, the report concludes that U.S. labor laws allow employers to fire, harass, and intimidate with impunity, workers trying to form unions; to refuse to bargain with them seriously when they do form unions; and to nullify their right to strike by permanently replacing them. What is more, tens of millions of workers lack even the inadequate coverage U.S. labor laws provide, including most farm workers, various types of contingent workers, and public workers in many states. You can get a copy of the HRW report on the web. Just go to www.hrw.org and click on "'Deck is Stacked' Against U.S. Workers," one of the lead items under "Breaking News." LETTER TO THE EDITOR "Lost at Sea" I am writing to let you know about a memorial project for a little known occupational tragedy that occurred off Lockeport, Nova Scotia in March, 1961. Seventeen fishermen, in three boats, were lost in a late winter storm, leaving 65 children fatherless in a town of 1,000. I have a special link to this tragedy because our family lived in Lockeport in the early 1950's, when my father was the United Church minister there. He and my mother knew the fishermen and their families well. Laurie Swim, a prominent Canadian quilter and fabric artist who grew up in Lockeport, has sparked the memorial project. She is working with community members there, on a quilt which will contain images of fishing and of the lost fishermen. Some of the fishermen's survivors are involved. Many of you may know of Laure's recent, very moving, fabric mural commemorating the deaths of five Italian-Canadian workers in the 1960 Hogg's Hollow disaster in Toronto. This mural was unveiled at Toronto city Hall on the Worker's Day of Mourning, April 28, 2000 and has been on display recently in the lobby at the Workplace Safety and Insurance Board (formerly WCB). So many of us, even activists in health and safety, probably go to the market to buy fish without thinking Page 5 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance about the incredible dangers and suffering that have marked that industry though the years. Alec Farquhar, Director, Ontario O.W.A. DO WE CARE HOW COMPENSATION BOARDS ARE FUNDED? YES WE DO ! All across the country, provincial Worker Compensation Boards are quietly transforming the financing of their system from one based on collective employer liability to one based on individual employer liability. The implications, for those who rely on the WCB for benefits and services after a workplace injury or illness, are profound. The effect of this transformation is nothing short of financial and emotional disaster for many, many injured workers. The transformation is occurring primarily under the guise of what is generally known as experience rating. In the mid-80's and through the 90's this system was introduced and expanded for the stated purpose of improving workplace health and safety. Simply put, the idea is that where an individual company has fewer and less serious injuries, than expected for that kind of industry, it will receive a rebate. Where the record shows a poorer than expected health and safety record, the company will pay a surcharge. The measure for the rebate or surcharge is the number of accidents reported to the WCB and the duration of the injured workers time on benefits. While this method of measuring may promote improved working conditions, there is no clear evidence that it does so. What workers know is that it certainly promotes employer claims management behaviour. Claims management includes the following negative elements:  Employer failure to report accidents.  Pressure on workers not to report accidents (often with an offer to maintain the worker on regular wages).  Creation of worker peer pressure not to report accidents (through rewards to accident-free units of workers).  Conversion of lost-time claims to non-lost-time (or shortened lost-time) through:  direct salary payment;  offers of inappropriate suitable or modified work;  direct contact with the injured workers treating doctor to influence quick return to work; and  regular challenges to injured workers entitlements regardless of the merit of the claim. Readers across the country will have stories of what has happened to them and to others under claims management practices. Through experience rating, the system is shifting, away from administrating a legislated right of injured workers, to an adversarial battleground where well-resourced companies engage private investigators, video cameras, lawyers, medical clinics and more, to fight the unlucky soul who was injured at work. Aided by Page 6 the dominance of corporate thinking (the current neo-liberal ideology), the aggressive activity of employers and their high powered consultants is increasingly pushing Compensation Boards to see employers as their clients. The Boards increasingly see themselves as administering an employer based insurance plan and they are adopting the practices of private insurance. Forgotten is the injured worker--except as an undesired expenditure. Forgotten is the �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance bargain that was struck in 1915. In 1915 injured workers gave up their Right to Sue in exchange for the Right to No-fault Compensation which was to be paid quickly, by an independent Board, for as long as the disability lasted. Page 7 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance LE FINANCEMENT DES ORGANISMES D’INDEMNISATION NOUS PRÉOCCUPE-IL? OUI! Partout au pays, les organismes provinciaux d’indemnisation des travailleuses et travailleurs accidentés sont en train de transformer en douce le financement de leur système basé sur la responsabilité collective des employeurs en un mécanisme basé sur la responsabilité individuelle des employeurs. Les implications pour les personnes qui dépendent de la CSST (ou de la CAT, de la CSAT, de la WCB, selon la province) pour des prestations et services à la suite d’un accident ou d’une maladie du travail sont d’une grande portée. L’effet de cette transformation n’est rien de moins qu’un désastre financier et émotionnel pour plusieurs victimes du travail. Cette transformation s’opère principalement sous le couvert de ce qui s’appelle couramment la « fixation de taux particuliers ». Au milieu des années 80 et à travers les années 90, on a introduit et étendu ce système dans le but avoué d’améliorer la santé et la sécurité au travail. En termes simples, quand une entreprise connaît moins d’accidents, ainsi que des accidents moins graves, que prévu pour cette catégorie d’industrie, elle reçoit un rabais. Quand les dossiers indiquent une fiche de santé-sécurité moins bonne que prévu, l’entreprise paie alors une surcharge. La mesure pour le rabais ou la surcharge est le nombre d’accidents signalés à la CSST (ou CAT, CSAT, WCB, selon la province) et la durée des prestations pour la victime du travail. Même si cette méthode de mesurer peut favoriser de meilleures conditions de travail, il n’y a pas de preuve claire que c’est en effet le cas. Ce que les travailleurs et travailleuses savent, c’est que ce système favorise sûrement un comportement de traitement des réclamations chez les employeurs. Le traitement des réclamations comprend les éléments négatifs suivants :  Le défaut de l’employeur de signaler les accidents.  Des pressions sur les travailleurs et travailleuses pour qu’ils et elles ne signalent pas les accidents (souvent avec l’offre de maintenir le salaire régulier de cette personne).  La création de pressions par les collègues pour ne pas signaler les accidents (au moyen de primes pour les unités de travail sans accident).  La conversion des réclamations pour temps perdu en temps non perdu (ou en moins de temps perdu) au moyen de :  versements directs du salaire;  offres inopportunes de « travail convenable ou modifié »;  contacts directs avec le médecin traitant de la victime du travail pour favoriser un retour rapide au travail; et  atteintes constantes aux droits de la victime d’un accident ou d’une maladie du travail sans égard au mérite de la réclamation. Les lecteurs et lectrices d’un bout à l’autre du pays peuvent raconter ce qui leur est arrivé ainsi qu’à d’autres personnes dans le cadre des pratiques de traitement des réclamations. Grâce à la fixation de taux particuliers, le système est en voie de se transformer d’administration d’un droit prévu par la loi en faveur des victimes du travail en un champ de bataille, où des entreprises bien nanties ont recours à des enquêteurs privés, des caméras vidéo, des avocats, des cliniques médicales et plus pour combattre la pauvre victime qui a subi une lésion au travail. Soutenue par la domination de la mentalité d’entreprise (l’actuelle idéologie néo-libérale), l’activité agressive des employeurs et de leurs puissants Page 8 consultants force de plus en plus les organismes d’indemnisation à percevoir les employeurs comme leurs « clients ». Ces organismes se voient de plus en plus comme des administrateurs d’un régime d’assurance établi par les employeurs et adoptent les pratiques de l’assurance privée. La victime du travail est oubliée  sauf comme dépense indésirable. Le marché conclu en 1915 est relégué aux oubliettes. En 1915, les victimes d’accidents et de maladies du travail ont cédé leur droit de poursuivre en justice pour le droit à l’indemnisation sans égard à la responsabilité, laquelle indemnité devait être versée rapidement par un organisme indépendant aussi longtemps que durerait l’invalidité. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Today, employers are paying lower and lower rates and are receiving rebates and they continue to be protected from being sued. Employers are enjoying excellent financial protection from the costs of injury to their employees. Injured workers, on the other hand, are increasingly confronted with an unhelpful Board and with financial distress, but still have no right to sue their employer. In the meantime improved Health and Safety at the workplace is all but forgotten. It is clear that as the system shifts increasingly to individual employer liability, workers can expect decreasing assistance from their WCB's. Under these circumstances the terrible fact is that increasing numbers of injured workers will chose themselves not to put in claims. Injured workers will unwittingly take part in the destruction of the compensation system. How can we stop this shift of the Workers Compensation System to an Employer Insurance System? CIWA is interested in hearing your views and stories about the effects of Experience Rating about the shift to individual employer liability. We are interested in hearing what is happening in the Provinces and Territories to eliminate experience rating and/or to prevent its negative impacts. A recent submission to the Ontario WCB on the matter made a few points which may be of interest : 1. Any rebates must be used for Health and Safety initiatives. 2. No rebate to the company unless workers can confidentially verify claims statistics used to determine the rebate. 3. All workers and injured workers associated with a particular company to be informed of a rebate to the company and be able to appeal it. 4. WCB monitor return-to-work situations to ensure genuine assistance and long-term security for injured workers. 5. Do not mix incentives for Health and Safety and Return-to-Work. 6. Provide subsidies, not incentives, to employers for Health and Safety Improvements and Return-to-Work workplace modifications. 7. Limited employer rights of appeal. (Since experience rating/individual liability promotes antagonism to a workers claim, employers must be limited to appealing accident recognition and some return-towork issues and even in these cases, the Board must ensure that there are merits to the appeal rather than simple cost-driven behaviour.) 8. There must be extensive public hearings on the use and expansion of experience rating. The expansion of experience rating system represents a shift away from one of the fundamental principles of the system: collective liability. The collective liability system protects employers (especially smaller employers) from unplanned costs and protects workers from adversarial involvement of their employer. The shift should not occur without public scrutiny and submissions. Whatever proposals labour and injured worker groups may have, it seems that the starting point should be to make it very clear to Compensation Boards that we do have an interest in this topic, a keen interest. Whether it is public hearings, paper consultations, focus groups or application to specific situations, injured workers and labour want to participate in any and all discussions about experience rating and funding of our compensation systems. Page 9 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Aujourd’hui, les employeurs paient des primes de plus en plus basses tout en recevant des rabais; ils continuent d’être protégés contre les poursuites. Les employeurs jouissent d’une excellente protection financière contre les coûts des lésions subies par leurs employés. D’autre part, les victimes du travail affrontent de plus en plus un organisme d’indemnisation peu obligeant ainsi que des difficultés financières  toujours sans le droit de poursuivre l’employeur en justice. Entre-temps, la santé et la sécurité améliorées au travail sont presque oubliées. Il est évident qu’à mesure que le système évolue de plus en plus vers la responsabilité individuelle des employeurs, les travailleurs et travailleuses peuvent s’attendre de recevoir une aide décroissante de la CSST (ou de la CAT, de la CSAT, de la WCB, selon la province). En pareilles circonstances, le fait atroce est que de plus en plus de victimes du travail décideront elles-mêmes de ne pas faire de réclamation. Les victimes du travail participeront involontairement à la destruction du système d’indemnisation. Comment pouvons-nous arrêter cette transformation du système d’indemnisation des travailleurs et travailleuses en un système d’assurance par l’employeur? L’ACVAMT aimerait connaître votre opinion et vos anecdotes au sujet des effets des taux particuliers et du changement en faveur de la responsabilité individuelle des employeurs. Nous désirons savoir ce qui se fait dans les provinces et territoires pour éliminer les taux particuliers et/ou pour prévenir ses effets négatifs. Une proposition faite récemment à la CSAT d’Ontario sur cette question a soulevé certains points qui pourraient vous intéresser : 1. Tous rabais doivent servir aux initiatives de santé et sécurité. 2. Aucun rabais pour l’entreprise à moins que les travailleurs et travailleuses puissent vérifier confidentiellement les statistiques de réclamations utilisées pour déterminer ces rabais. 3. Tous les employés et victimes d’accidents et de maladies du travail associés à une entreprise particulière doivent être informés d’un rabais consenti à l’entreprise et doivent pouvoir en appeler. 4. Que la CSAT suive les cas de retour au travail pour assurer une aide authentique et la sécurité à long terme pour les victimes d’accidents et de maladies du travail. 5. Ne pas confondre les récompenses pour la santé-sécurité avec le retour au travail. 6. Fournir des subventions, et non des récompenses, aux employeurs pour améliorer la santé et la sécurité ainsi que pour modifier le lieu du travail lors d’un retour au travail. 7. Limiter le droit d’appel des employeurs. (Vu que la fixation de taux particuliers et la responsabilité individuelle favorisent l’opposition à la réclamation d’un employé ou d’une employée, les employeurs doivent être limités dans leur appel de la reconnaissance d’un accident et de certains cas de retour au travail; même dans ces cas, la CSAT doit Page 10 s’assurer que l’appel est justifié plutôt que d’être motivée simplement par les coûts.) 8. Il doit y avoir des audiences publiques poussées sur l’utilisation et l’expansion de la fixation de taux particuliers. L’expansion du système de taux particuliers représente un écartement d’un des principes fondamentaux du système : la responsabilité collective. Le système de responsabilité collective protège les employeurs (surtout les plus petits) contre les coûts imprévus, et protège les travailleurs et travailleuses contre l’implication contradictoire de leur employeur. Le changement ne doit pas se produire sans examen public ni propositions Qu’importent les propositions que puissent faire le monde ouvrier et les groupes de victimes d’accidents et de maladies du travail, il nous paraît que le point de départ devrait être de faire savoir très clairement aux organismes d’indemnisation des travailleurs et travailleuses que nous avons un intérêt dans cette question  voire un vif intérêt. Qu’il s’agisse d’enquêtes publiques, de consultations sur papier, de groupes de discussion ou d’applications à des situations spécifiques, les victimes du travail et le monde ouvrier veulent prendre part à toute discussion touchant la fixation de taux particuliers et le financement de nos systèmes d’indemnisation. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL COMPARISONS ON "EXPERIENCE RATING" NF NS PEI NB QC ON MB SK AB YT BC 1. IS THERE A SYSTEM OF REBATES; LOWERED RATES TO INDIVIDUAL OR EMPLOYERS; OR ANY OTHER DIRECT FINANCIAL INCENTIVE TO EMPLOYERS TO REDUCE THE NUMBER AND COST OF WORKPLACE ACCIDENTS? YES YES YES YES YES - to be in YES YES NO YES effect 2001 2. IF SO, WHAT IS THE SYSTEM CALLED? (E.G. IN ONTARIO IT IS CALLED "EXPERIENCE RATING") "1999 Experience Experience Rating Experience Premium reduction & PIR - "Partners in Rating." Rating rebates. Injury Reduction" QC - A mix of class based and personalized rating - most frequent retrospective rating for big industries. NF - As well "Worksafe Plan" - separate from Experience Rating. BC - Premium Modification System (PRM) & ER2000 3. HOW DOES THIS SYSTEM WORK? Based on Based on no lost claims costs. time accidents. NF - The concept is "reward & penalize" employers. It is compulsory to the firms who qualify; to qualify WHSCC uses a process based on history of the firm, i.e. claims cost, assessment premiums & payroll. Differences also exist in how cost allocations & debt recovery are included in rate calculations; also, variations in administrative costs can be a factor in assessment rate differences. AB - Employers who have put a priority on reducing injuries and managing claims receive higher rebates to reflect their contribution. YT - Attempts have been made, but so far, both employers' and employees' groups have managed to prevent implementation. BC - Calculating on employers claims cost performance relative to its rate group. A) IS IT BASED ON ACTUAL COSTS OF CLAIMS COMPARED TO PREMIUMS PAID? YES NO YES NO MB - It is based on a combination of direct claim cost & pooled system costs. B) ARE COSTS PRORATED OVER 3 YEARS? OR OTHER # OF YEARS? YES YES. NO YES YES - 5 years YES Not sure. YES Not sure. Don't know YES YES 3 years NF - It is prorated over three years, for example 2000 rates were set based on 1996,97,98, and 1999 is considered a lag year, so when setting 2001 rates it will be 1997,98,99 and 2000 will be the lag year. So yearly the rates can change lower or higher etc. YES C) IS THE ACCIDENT FREQUENCY CONSIDERED IN THE PROGRAM? NO NO NF - Employer would consider reflection in rates & surcharges. NO D) IS A HEALTH AND SAFETY AUDIT PART OF THE PROGRAM? No sure. NO Not sure. NF - NF has approx. 5000 employers - this would be an administrative nightmare. YES Not sure. YES NO Not sure. YES NO E) CAN EMPLOYERS BOTH RECEIVE REBATES AND BE CHARGED EXTRA THROUGH THE PROGRAM? Page 11 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS PEI NB QC ON MB SK AB YT BC NO - Not both in YES NO Not sure. YES NO YES same year. NF - Employers wouldn't get rebates & penalties in the same year. It would be one or the other, it can change yearly with new history. Types of claims excluded from the rating are: industrial disease, third party, denied claims, overpayments and interest paid in delays in receiving payments. Also excluded are administrative costs, OH&S costs, known future liabilities and estimated liabilities. BC - Employers can earn up to a 50% discount off of their base premium rate or a 100% surcharge. YES 4. YES 5. YES 6. NO 7. F) ARE INJURED WORKERS PRESSURED TO RETURN TO WORK TOO SOON? DETAILS? YES YES YES YES YES YES YES MB - Possibly. The rating system does not include those claims that are under two weeks. Therefore it would go without saying that an employer would try to get workers back to work as quickly as possible. ON - I.W. is deemed uncooperative if not accept placement offer from employer. SK - Shoved into rehab real quick and back to work real quick in a program that's not monitored. Then the I.W. is laid off. AB - Most IW's in Alberta are pressured to return to work before they are physically able. BC - This is one of the most prominent complaints. IS THERE A PROBLEM WITH UNDER OR NON-REPORTING OF ACCIDENTS IN YOUR PROVINCE? YES YES YES YES YES YES NO YES DO EMPLOYERS BENEFIT IF THEY DON'T REPORT AN ACCIDENT? NO YES YES YES YES YES NO YES IN YOUR EXPERIENCE, DOES THIS FINANCIAL INCENTIVE TO EMPLOYERS HAVE POSITIVE RESULTS FOR INJURED WORKERS? NO NO NO NO NO NO ?? PLEASE GIVE SOME DETAILS: NS - Companies have I.W.'s sitting around doing nothing so they can maintain their accident free days. Westray got a safety award one month before 26 men got killed. MB - Review of rate setting model shows areas of exiting concern and may present future problems, once experience rating comes into effect in 2001. ON - The frequency of injured workers unemployed is rising. BC - The better employers put more effort into safety and rehab. 8. DOES IT HAVE NEGATIVE RESULTS FOR INJURED WORKERS? YES YES YES YES Possible YES YES 9. PLEASE GIVE SOME DETAILS: NF - A lot of pressure from the employer to an injured person to return to work earlier, resulting in pressure from the WHSCC claims management. The person injured or killed is seen as the problem! NS - Either starve I.W.'s out, or force them into inappropriate work. QC - Employers will do all they can to avoid that claims be presented and will contest those that are . ON - It encourages the hiding of claims, which we are already seeing all over the province. SK - Serious accidents are reported as no lost time. I.W. applies for WCB but WCB denies the claim as it's not serious as there was no lost time. AB - IW threatened & coerced into not filing claims. Some employers have denied a work related injury, resulting in denial of claim benefits for IW. BC - It gives employers a financial reason for not reporting claims. 10. HAS THERE BEEN PUBLIC CONSULTATION OR HEARINGS ON EXPERIENCE RATING RECENTLY? NO - Survey done NO NO YES YES NO Page 12 YES YES �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS PEI NB QC ON MB SK AB YT BC in 1996. 11. WHAT WAS THE RESULT? MB - Suggestions that the new rating system will not stop claim suppression and may entice employers to pressure IW to RTW before they are ready. These concerns are being looked at by WCB. Future studies of the system may result in WCB imposing factors into their rate assessment formula to counteract some of these issues. AB - PIR program has been operating since 1993. In 1998, due to policy consultations consensus on a new design was reached. Under the new model, all employers in Alberta with a WCB account can participate in the program regardless of their company's size or industry. The previous program was geared towards either large employers or small employers belonging to an industry or safety association. YT - Both the stakeholders & B.O.D. directed Administration not to implement. ON - Consultations are not completed. BC - Initially, the Board's proposal was to eliminate ERA for all but the largest employers; but employer group responses changed its mind 12. DOES YOUR GROUP HAVE A POSITION ON EXPERIENCE RATING IN WORKERS COMPENSATION? YES Not a position YES Not directly - but YES YES YES - We will not but principles of Eliminate through the MFL. accept Experience analysis. completely. Rating. NF - On behalf of the NLIWA, incentives should not have to be provided to employers to provide safe workplaces & practices. They should not have to be given an incentive to become more proactive in their approach to safety & claims management. There should be more consideration of lost wages, lost families, loss of lifestyle financial incentives for workers who live with the repercussions of being injured or become a fatality at the work site. Employers have to be held accountable where it hurts, the bottom line, rather than whining over increases in premiums when a worker has no right to sue. It is the employers responsibility when a workplace injury occurs & and they should have the mind set that they are accountable...totally. Sensitivity and the human recognition has to be the goal, not making it easier on the employers...Sir William Meredith said it best; in part, "Justice: do what is right; & Do not mix up compensation with employer concerns." SK - If a company has good OH&S practices, they deserve a rebate. But when companies abuse the system and abuse the IW, they don't deserve any rebates. AB - It should be abolished. It gives employers even more incentive to have workers fail to complete injury reports. BC - Generally, the feeling among the worker community is it should be eliminated. 13. ADDITIONAL COMMENTS: It doesn't help injured workers. MB - This program does not come into effect until 2001. It is in itself the economic resource to maintain the WCB system. The effectiveness of the system will depend in part on its delivery and the amount of support services put in place to ensure that I.W.'s are the primary concern such as health and safety. Programs require policies and staff that protect the I.W. by having the ability and will to enforce the policies. If this is not done, then companies are protected on the backs of injured workers. ON - Experience rating is a disincentive to re-employ I.W.'s and the bottom line is I.W. loose again. SK - Rebates should go to the OH&S committee for job modifications. WCB brags about the amount of money they give back to employers. AB - Interesting to note that some of the worst companies for workplace accidents are among those receiving rebates. One employers sends workers to hospital on a regular basis. YT - We have seen how bad experience rating is in other jurisdictions and will fight it each time the administration tries to bring it forward. Page 13 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance COMPARAISONS PROVINCIALES SUR LA FIXATION DE TAUX PARTICULIERS TERRE-NEUVE NOUV.-ÉCOSSE Î.-P.É N.-B. QUÉBEC ONTARIO MANITOBA SASKATCHEWAN ALBERTA TERR. DU YUKON C.B. 1. Y A-T-IL UN SYSTÈME DE RABAIS, DE TARIFS RÉDUITS POUR LES INDIVIDUS OU LES EMPLOYEURS, OU ENCORE UNE AUTRE FORME DE MOTIVATION PÉCUNIAIRE DIRECTE POUR LES EMPLOYEURS EN VUE DE RÉDUIRE LE NOMBRE ET LE COÛT DES ACCIDENTS DU TRAVAIL? OUI OUI OUI OUI OUI. Entrera en OUI OUI NON OUI vigueur en 2001. 2. SI OUI, COMMENT S’APPELLE LE SYSTÈME? Tarification Tarification Réduction de primes particulière. particulière. et rabais. AB - « Partners in Injury Reduction » (PIR) (partenaires pour la réduction des lésions). TN - « 1999 Experience Rating » (tarifica-tion particulière de 1999). Aussi : « Worksafe Plan » (régime de travail sécuritaire), distinct de la tarification particulière. PQ - Un mélange de tarification particulière selon des catégories; le plus souvent, tarification rétrospective pour les grosses industries. CB - Premium Modification System (PRM) & ER2000 3. COMMENT FONCTIONNE CE SYSTÈME? Selon le coût des réclamations. Selon les accidents sans perte de temps. TN- Le principe est de « récompenser et de pénaliser » les employeurs. Il est obligatoire pour les entreprises qui sont admissibles; pour être admissible, la WHSCC (commission de la santé, de la sécurité et de l'indemnisation des accidents au travail) utilise une méthode basée sur l’historique de l’entreprise (coût des réclamations, primes d’évaluation et liste de paye). Il y a des différences aussi dans la façon dont la répartition des coûts et le recouvrement des dettes sont inclus dans les calculs de taux; de plus, les variations dans les coûts administratifs peuvent être un facteur dans les différences de taux d’évaluation. AB - Les employeurs ayant mis l’accent sur la réduction des lésions et le traite-ment des réclama-tions reçoivent de plus gros rabais reflétant leur contribution. TY - Des tentatives ont été faites mais jusqu’à maintenant, employeurs et employés ont réussi à empêcher l’instauration. CB - Calculations sur les demandes de revient des employeurs relatif(ve) au prix de groupe. OUI OUI OUI. A) EST-IL BASÉ SUR LE COÛT RÉEL DES RÉCLAMATIONS COMPARATIVEMENT AUX PRIMES PAYÉES? OUI NON OUI Incertain. MB - NON. Il est basé sur une combi-naison de coût de réclamation direct et de coûts du système mis en commun. OUI OUI B) LES COÛTS SONT-ILS RÉPARTIS SUR 3 ANS? OU SELON UN AUTRE NOMBRE D’ANNÉES? Incertain. NON OUI OUI. 5 ans. Incertain. Ne sait pas. OUI. 3 ans TN - Ils sont répartis sur trois ans; par exemple, les taux de l’an 2000 ont été établis d’après 1996, 1997 et 1998, 1999 étant considéré comme une année d’antériorité. C) LE PROGRAMME TIENT-IL COMPTE DE LA FRÉQUENCE DES ACCIDENTS? NON NON NON OUI TN - L’employeur considérerait une répercussion sur les taux et sur les surcharges. D) UN AUDIT SANTÉ-SÉCURITÉ FAIT-IL PARTIE DU PROGRAMME? NON. Incertain. NON NON Page 14 Incertain. Incertain. OUI NON Incertain. OUI NON �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance TERRE-NEUVE NOUV.-ÉCOSSE Î.-P.É N.-B. QUÉBEC ONTARIO MANITOBA SASKATCHEWAN ALBERTA TERR. DU YUKON C.B. TN - Terre-Neuve compte environ 5 000 employeurs; ce serait un cauchemar administratif. E) LES EMPLOYEURS PEUVENT-ILS RECEVOIR DES RABAIS TOUT EN DEVANT DÉBOURSER DAVANTAGE EN VERTU DU PROGRAMME? NON. OUI NON OUI Incertain. OUI NON OUI TN - Pas les deux dans la même année. Les employeurs ne recevraient pas de rabais et des penalties la même année. Ce serait l’un ou l’autre. Les types de réclamations exclus de la tarification sont : maladies industrielles, tierces parties, réclamations rejetées, trop-perçus et intérêts versés pour les retards à recevoir les paiements. Sont également exclus : frais administratifs, frais de santé et sécurité au travail, charges futures connues et provisions. CB - Les employeurs peuvent gagner jusqu'à 50% de rabais sur leur prime de base ou 100% de surcharge. OUI F) LES VICTIMES DU TRAVAIL SONT-ELLE INCITÉES À RETOURNER AU TRAVAIL TROP TÔT? AVEZ-VOUS DES DÉTAILS? OUI OUI OUI. OUI OUI OUI MB - C’est possible. Le système de tarification ne comprend pas les réclamations en deçà de deux semaines. Il va sans dire qu’un employeur va essayer de faire rentrer un travailleur ou une travailleuse le plus tôt possible. ON - La victime du travail passe pour peu coopérative si elle n’accepte pas l’offre de l’employeur. SK - OUI. La victime du travail va très vite en réadaptation puis retourne au travail très tôt dans un programme non suivi; puis c’est la mise à pied. AB - La plupart des victimes d’accidents et de maladies du travail en Alberta sont incitées à retourner au travail avant d’en être physiquement capable. Si l’employeur participe au programme PIR, il y a encore plus de motivation à faire rentrer la victime du travail : une récompense pécuniaire pour l’employeur. CB - Ceci est une des plaintes les plus proéminentes. 4. LE FAIT DE NE PAS DÉCLARER LES ACCIDENTS, OU PAS ASSEZ SOUVENT, POSE-T-IL UN PROBLÈME DANS VOTRE PROVINCE? OUI OUI OUI OUI OUI OUI OUI NON 5. LES EMPLOYEURS GAGNENT-ILS À NE PAS DÉCLARER LES ACCIDENTS? OUI NON OUI OUI OUI OUI OUI NON 6. SELON VOTRE EXPÉRIENCE, CETTE MOTIVATION PÉCUNIAIRE POUR LES EMPLOYEURS COMPORTE-T-ELLE DES RÉSULTATS POSITIFS POUR LES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL? NON NON NON NON NON NON NON 7. VEUILLEZ FOURNIR DES DÉTAILS. OUI OUI ?? TN - Les lésions augmentent, de sorte que les pratiques et lieux de travail sont encore dangereux. Les employeurs ne perçoivent pas le retour au travail d’une victime du travail comme étant à leur avantage, parce que ces employeurs ont encore tendance à dire « pas de relâchement » ou encore « pas d’autre travail disponible ». Il y a la menace constante qu’on doive réduire les services aux victimes d’accidents et de maladies du travail pour soutenir le passif non capitalisé. NE - Des entreprises ont des victimes du travail qui ne font rien afin qu’elles puissent conserver leurs journées sans accident. Westray a reçu un prix pour la sécurité un mois avant que 26 hommes se fassent tuer. ON - La fréquence de victimes d’accidents et de maladies du travail sans emploi augmente. MB - L’examen du modèle de tarification révèle des inquiétudes et peut poser des problèmes futurs une fois que les taux particuliers entreront en vigueur en 2001. CB - Les meilleurs employeurs investent le plus d'effort dans la protection et la réabilitation. 8. CETTE MOTIVATION PÉCUNIAIRE COMPORTE-T-ELLE DES RÉSULTATS NÉGATIFS POUR LES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL? OUI OUI OUI OUI Peut-être. OUI OUI 9. VEUILLEZ FOURNIR DES DÉTAILS. Page 15 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance TERRE-NEUVE NOUV.-ÉCOSSE Î.-P.É N.-B. QUÉBEC ONTARIO MANITOBA SASKATCHEWAN ALBERTA TERR. DU YUKON C.B. TN - Beaucoup de pression de la part de l’employeur sur une victime du travail pour qu’elle retourne au travail plus tôt, ce qui entraîne des pressions lors du traitement des réclamations par la commission de la santé, de la sécurité et de l'indemnisation des accidents au travail. La personne accidentée ou tuée est perçue comme le problème! NE - Soit forcer les victimes du travail à quitter par la faim, soit les forcer à accepter du travail contre-indiqué. PQ - Les employeurs font tout leur possible pour ne pas présenter des réclamations et contestent celles qui le sont. ON - Cela favorise la dissimulation des réclamations, ce qui se produit déjà partout en province. SK - Les accidents graves sont déclarés comme étant sans perte de temps. La victime du travail demande d’être indemnisée mais la WCB rejette la réclama-tion parce que la lésion n’est pas grave (il n’y a pas eu perte de temps). AB - On menace et contraint la victime du travail à ne pas déposer de réclamation. Certains employeurs ont refusé une lésion liée au travail, ce qui a privé la victime du travail de prestations. CB - Ceci donne aux employeurs une raison financière pour ne pas rendre compte les plaintes. 10. Y A-T-IL EU RÉCEMMENT CONSULTATION PUBLIQUE OU AUDIENCES SUR LA TARIFICATION PARTICULIÈRE? On a réalisé un NON NON OUI OUI NON OUI OUI OUI sondage en 1996. 11. QUEL EN A ÉTÉ LE RÉSULTAT? S.O. S.O. ON - Les consultations ne sont pas terminées. MB- Des suggestions à l’effet que le nouveau système de tarification ne freinera pas la suppression des réclamations et pourrait inciter les employeurs à forcer les victimes du travail à retourner au travail avant qu’elles ne soient prêtes. La Commission des accidents du travail se penche présentement sur ces inquiétudes. Des études à venir sur le système pourraient faire en sorte que la CAT impose des facteurs dans sa formule d’évaluation des taux pour contrebalancer certaines des questions. AB - Le programme PIR est en place depuis 1993. En 1998, il y a eu consensus sur un nouveau concept par suite des consultations sur la politique. En vertu du nouveau modèle, tout employeur en Alberta ayant un compte avec la WCB peut participer au programme sans égard à l’envergure ou à la nature de l’entreprise. L’ancien programme visait soit les gros employeurs, soit les petits employeurs qui appartenaient à une industrie ou à une association de sécurité. YT - Les parties intéressées et le conseil d’adminis-tration ont signifié à l’Administration de ne pas l’instaurer. CB - Au début, la proposition du Bureau était d'éliminer ERA pour tous sauf les plus grands employeurs; mais les groupes d'employeurs ont changé d'idées. 12. VOTRE GROUPE A-T-IL ADOPTÉ UNE POSITION AU SUJET DE LA TARIFICATION PARTICULIÈRE POUR L’INDEMNISATION DES VICTIMES DU TRAVAIL? OUI Non, plutôt des OUI. OUI. OUI. principes Éliminer au Nous n’acceptons d’analyse. complet. pas la tarification particulière. Page 16 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance TERRE-NEUVE NOUV.-ÉCOSSE Î.-P.É N.-B. QUÉBEC ONTARIO MANITOBA SASKATCHEWAN ALBERTA TERR. DU YUKON C.B. TN - Au nom de l’association des victimes d’accidents et de maladies du travail de Terre-Neuve, on ne devrait pas avoir à offrir de motivation aux employeurs pour les inciter à fournir des lieux de travail et des pratiques sans danger. Ce ne devrait pas être nécessaire de leur offrir des motivations pour devenir plus proactif dans leur approche de la sécurité et du traitement des réclamations. Il devrait y avoir plus de considération pour les salaires perdus, les familles perdues, les styles de vie perdus, ainsi que des encouragements pécuniaires pour les travailleurs et travailleuses qui doivent vivre avec les conséquences d’une lésion au travail ou d’une mortalité. Les employeurs doivent répondre de leurs actes là où ça fait mal, en termes d’argent, plutôt que de se plaindre au sujet des augmentations de primes, alors que l’employé n’a même pas le droit de poursuivre en justice. MB SK AB CB - C’est la responsabilité de l’employeur quand il se produit un accident ou une maladie du travail. L’employeur doit savoir qu’il en est entièrement responsable. L’objectif doit être la sensibilité et la reconnaissance humaine  et non rendre la vie plus facile pour l’employeur. Sir William Meredith l’a bien exprimé : « Justice : fais ce qui est juste et ne confonds pas l’indemnisation avec les préoccupations de l’employeur. » Pas directement, plutôt par l’intermédiaire de la fédération du travail du Manitoba (MFL). Si l’entreprise a de bonnes pratiques de santé-sécurité au travail, elle mérite un rabais. Mais quand une entreprise abuse du système et de la victime du travail, elle ne mérite aucun rabais. Elle doit être abolie. Elle incite davantage les employeurs à encourager les travailleurs et travailleuses à ne pas remplir les rapports d’accident. Généralement, la communauté de travailleur/euse désire que ce soit élininer. 13. REMARQUES SUPPLÉMENTAIRES. NE - Cela n’aide pas les victimes d’accidents et de maladies du travail. ON - La tarification particulière a un effet dissuasif sur le réembaucha-ge de victimes du travail; le résultat net est que les victimes du travail perdent encore une fois. MB - Ce programme n’entre pas en vigueur avant 2001. C’est en soi la ressource économique pour maintenir le système d’indemnisation des travailleurs et travailleuses. L’efficacité du système dépendra en partie de son fonctionnement et des services de soutien mis en place pour s’assurer que les victimes d’accidents et de maladies du travail soient la première préoccupation, comme la santé et la sécurité. Les programmes ont besoin de politiques et de personnel qui protègent la victime du travail en ayant la capacité et la volonté de faire respecter ces politiques. Sinon, ce sont les entreprises qui sont protégées sur le dos des victimes du travail. SK - Les rabais devraient aller au comité OS&S pour des modifica-tions au travail. La WCB se targue de la somme d’argent qu’elle retourne aux employeurs. AB - Il est intéressant de constater que certaines entreprises ayant le plus d’accidents du travail comptent parmi celles qui reçoivent des rabais. Un de ces employeurs envoie régulièrement des employés à l’hôpital. TY - Nous avons vu ce que la mauvaise tarification particu-lière fait dans d’autres juridictions et nous allons la combattre chaque fois que l’Adminis-tration tentera de nous l’imposer. Page 17 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Goals CIWA/ACVAMT Is about  To work towards a just SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.   PARTNERSHIPS We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.  INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.   system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available        The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE VIDEOS & WORKBOOKS  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 3678 1201 Jasper Drive Thunder Bay, ON P7B 6E3 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 18 � 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 2000 Description An account of the resource Articles about experience rating- compensation board funding; provincial comparisons on "experience rating"; Ontario WCB Report; Human Rights Watch Report for U.S. Workers. Letter to the Editor- "Lost at Sea" Memorial Project; Youth Project Report. 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 2000 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/cfa68c9c15e87ee013f3252ccdb2ffbf.pdf 3e8c386d0f50cca10ab3a8abc8ef2f1b PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Focus on Medical Issues This issue of our newsletter has a focus on the medical treatments, programs and assessments that an injured worker may go through as part of their recovery. As well, how these medical issues relate to their claim with the Workers Compensation Boards. This can be a complex and too often a controversial process where injured workers and their lives get caught between various medical practitioners‟ opinions. Often, this process can result in conflicting opinions and recommendations. Then who is the injured worker to believe and which recommendation does he/she follow? And then, what impact will that have on her/his future benefits and future health? We have a chart starting on page seven that lays out the comparisons of how this works across the country. Also we have news on an exciting CIWA/ACVAMT project reaching out to youth in our communities (see pg. 3 for more info). You may want to get involved. As well, there are news and views from across the country so please, read on. We encourage you to write in to Highlights, with your story or news in your area of Canada. The next issues will focus on the Employer attack on Injured Workers‟ benefits. Visit our Web-site at http://www.ciwa.ca Table of Contents CIWA/ACVAMT contacts ...................... 2 Youth Project ...................................... 3 News & Happenings ............................ 4 Rehab-(Physio vs Primary Caregiver)(Eng/Fr) . 5 - 6 Medical Issues ..................................... 7 – 9 Letters to Editor ........................... 10 – 11 CIWA/ACVAMT Info ........................... 12 Page 1 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PLEASE HELP ………… S U B S C R I B E ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ Highlights is published 4 times per year ________________________________ Injured Worker/Unemployed $ 5.00 __________ Postal Code ________________________________ Individuals $ 10.00 __________ Phone ________________________________ Organizations $ 15.00 __________ Fax ________________________________ Donations $ __________ E-Mail ________________________________ Total $ __________ Web Site ________________________________ THANKS for Your SUPPORT! ________________________________ Newsletter Subscription: Editor’s Note This newsletter is for sharing and exchanging information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or opinions. PROVINCIAL REPS TO THE STEERING COMMITTEE BC … Craig McLachlan, North Vancouver COMPONET SK ... Robert Lindsay, Regina Western Injured Workers Society (SASK) MB… Vincent Boyce, Winnipeg Injured Workers Association of Manitoba ON... Jessica Schmidt, Kitchener Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l’ATTAQ NF... Patricia Dodd, St. John's NLIWA Phil Brake, Labrador City USWA NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Pictou County YT… Robbie King, Whitehorse Yukon Injured Workers Alliance ADVISORS… Andy King, U.S.W.A. Orlando Buonastella & Marion Endicott, Injured Workers Consultants NATIONAL COORDINATOR … Steve Mantis, Canadian Injured Workers Alliance STAFF … Melanie MacEachern, Executive Assistant Monika Wiitala, Bookkeeper, Desktop Publisher, Database L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL MAILING ADDRESS: CANADIAN INJURED WORKERS ALLIANCE P.O. Box 10098 Thunder Bay, Ontario. P7B 6T6 Phone: 807-345-3429 Fax: 807-344-8683 Toll Free 1-877-787-7010 Page 2 email: ciwa@norlink.net Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Youth Project HAVE YOU HEARD THE NEWS? We are pleased to announce that The Canadian Injured Workers Alliance has now held 2 training sessions for the Youth Project in Ontario! The first training session was held in Thunder Bay while the second session was held in Orillia. There was an awesome turnout of young folks and injured worker activists from local groups across the province! In total, 38 folks attended the sessions. Participation was extremely high and contributed greatly to the success of each of the sessions! Thanks everyone for making Phase II of the project a great success! What was the main item on the agenda, you ask? Well, the main focus was learning how to present a 45 minute workshop on Workplace Health and Safety to youth. The workshop is interactive and includes a combination of skits, facts and personal stories. And of course, getting to know each other was very valuable! By sharing experiences and ideas and participating in a variety of exercises, folks learned more about each other and their similarities and differences. The result: By the end of the session, participants were quite comfortable with the workshop and the idea of presenting it to youth! As well, folks learned from each other, built links and had FUN! In addition, many injured workers left the session with a better understanding of how to reach out to young people and get them involved in injured workers‟ issues. BE A KEY PLAYER Good News! Our funding to take the project across the country has been approved. As a result, we will soon be holding a session in your area! If you are or someone you know is interested, contact your CIWA Provincial Representative or CIWA directly on our toll free number at 1-877-787-7010. Let’s try to get as many people involved as possible by spreading the word about the Youth Project to all those we know! Recommended Reading “Fast Food Nation”, by Eric Schlosser Houghton-Miffin (http://www.houghtonmifflinbooks.com) Gerry Tremere suggests this is a great, great book. Every injured worker should read Chapter 8, “The Most Dangerous Job”. An injured worker in Colorado won a $2,000,000 US lawsuit from a company that tried to deny him WCB. The book deals with the abuses of our new age McJob economy. (He borrowed it from the Library) Thanks to the Social Development Partnership Program of HRDC for the funding necessary to produce this newsletter. Page 3 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance News & Happenings COMPENSATION CLAIMS STALLED Years of work on compensation claims for former Owens Corning workers with lung cancer and other illnesses is being stalled by the company, according to the union representing workers. About 170 Workplace Safety and Insurance Board claims opened in 1998, can‟t proceed until the company supplies needed information about the plant that made fibreglass insulation. It closed about 10 years ago. During the past two years, the union has assembled evidence linking exposure to chemicals in the plant to lung cancer and other respiratory illnesses. Information needed by the WSIB to begin making decisions about the claims should be easily available from the company. QUALITY OF LIFE, NUMBER ONE ISSUE OTTAWA, Aug. 30/CNW/ - The Canadian Labour Congress, has launched a series of initiatives designed to place the standard of living and the quality of life of working Canadians at the centre of public policy making. Statistics gathered by the Canadian Labour Congress show that working families in this country have seen their wages stagnate or diminish through the 1990‟s while the public services and social programs that help maintain their quality of life have been cut, privatized, deregulated or otherwise curtailed. Editor’s Note: Keep your eyes open for events in your community SOME ELIGIBLE WORKERS DON’T FILE COMPENSATION CLAIMS Forty per cent of workers who are eligible for workers‟ compensation claims do not submit a claim. This research was presented by Harry Shannon, Institute senior scientist, at the 2001 Congress of Epidemiology. The report was based upon a survey, sponsored by the Canadian Policy Research Networks of 2,500 Canadian workers. Respondents were asked if they had been injured at work in the past year. If the injury required medical aid or time off work and/or a change in job assignment, and whether they had filed a workers‟ compensation claim. These and other criteria were used to ensure eligibility for workers compensation. Just over 10 per cent of the respondents in this group had been injured. But 40 per cent of those eligible to claim had not done so, only 60 per cent had filed a claim if their injury required medical treatment. 70 per cent filed if they needed time off work, and 60 per cent filed if their injury meant they needed to change their work assignment. The results will have implications for workplace and public policies. It is important to ensure that those workers who are entitled to receive benefits do so. In addition, if workers are not making claims, treatment costs are presumably being borne by the public health care system. Editor’s Note: We have heard this for many years. It‟s good to finally get some research that proves it. CHANGES CHART A NEW COURSE FOR WORKERS’ COMPENSATION SYSTEM Taken from an Alberta Government press release. ALBERTA The changes to the Alberta WCB and the Appeals Commission will:  Increase the accountability of both the WCB and the Appeals Commission to Albertans, through the adoption of an accountability framework audited by the Auditor General;  Improve the WCB decision-making process, by enhancing case management and case manager knowledge of the workplace and communication with workers;  Increase the independence of the appeals system by separating the Appeals Commission and the Office of Appeals Advisors from the WCB, with the Appeals Commission becoming a separate government entity reporting to the Alberta Human Resources and Employment Minister, and;  Improve the appeals process by ensuring the sharing of information, recording hearings and implementing timelines for decisions. A new advisory body, the Workers‟ Compensation Authority, will monitor the implementation of the changes. The Authority will also advise the Minister on the overall performance of the workers‟ compensation system. Page 4 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Rehabilitation: Physiotherapy verses Primary Caregiver/Specialist The Western Injured Workers Society (WIWS) (Sask.) is receiving far too many complaints from injured workers in regards to the treatment received by their rehabilitation therapy team. All over Saskatchewan the WCB is advertising in pamphlets, left at doctors’ offices about early intervention and an explanation of how well WCB’s programs work. These pamphlets say that the physiotherapy team discusses the program and treatment with the injured worker’s primary caregiver, and the primary caregiver has the final decision on the treatment plan. As well, the physiotherapy team and primary caregiver will work together and stay in contact throughout the treatment program. What the WIWS has found out from many injured workers and many primary caregivers is that this is not happening. The primary caregiver is rarely informed that the patient is entering the treatment program. We are also finding out that WCB is forcing injured workers to enter the program much too soon, in many cases with further damage to the original injury. For example, we have injured workers who were told by specialists that they would be needing surgery to correct their problem, but when the injured worker returns to his physiotherapy treatment the therapists tell the injured worker that they don’t need surgery and that most of the problem can be worked out with therapy and that 99% of their pain is in their head. These types of reports are actually sent in to WCB. When the treatment team is questioned or challenged on the issue or asked why the primary caregiver hasn’t been informed, the treatment team actually sends the injured worker home. Then they send a report to WCB stating that the injured worker is not cooperating in regards to treatment. WCB then terminates the injured workers’ benefits. This rehabilitation program seems to overrule the primary caregiver and specialists, which we feel is totally wrong. We see this happening on a regular basis, just another way for WCB to cut injured workers off benefits. When injured workers enter these private clinics they are told to do things like lift weights or do tasks that are much too difficult for the injured worker. This causes more harm than good. Many primary caregivers agree to this problem, but again the treatment team reports to WCB that the injured worker isn’t trying hard enough and now they think that the injured worker has a mental problem too. They then make an appointment for the injured worker to see a psychiatrist, just to make things look even worse. These therapists and treatment teams should be held accountable for the wrong and distasteful things being done to injured workers during the treatment programs. The injured workers are totally humiliated and made to feel degraded, because of the things they are asked to do or the things said to them while in treatment. Take a look at all the private physiotherapy clinics that have started up. We know that WCB has funded most, if not all of these clinics with grants or donating equipment to them. WCB funds these clinics for a reason. One reason only is a scheme to force the injured workers off of WCB benefits. They are funding these clinics and dictating how they want them to run. Of course this is in WCB’s best interest not the best interest of the injured workers. We are seeing the primary caregivers feeling totally frustrated over what is happening to their patients. Our understanding is that the primary caregiver has final say in what treatment the injured worker will receive and if the primary caregiver disagrees or thinks that the treatment would do more harm than good, then the treatment team must accept the primary caregiver’s decision, and not overrule his decision to suit WCB. Page 5 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance La réadaptation : le choix entre la physiothérapie et le principal soignant ou le spécialiste La Western Injured Workers Society (WIWS) (Saskatchewan) reçoit beaucoup trop de plaints de la part de victimes d’accidents et de maladies du travail au sujet du traitement donné par leurs équipes de réadaptation. Partout en Saskatchewan, la WCB fait de la publicité dans des brochures déposées dans les cabinets de médecins au sujet de l’intervention précoce et du bon fonctionnement des programmes de la WCB. Ces publications disent que l’équipe de physiothérapie discute du programme et du traitement avec le principal soignant de la victime du travail et que le principal soignant a le dernier mot quant au programme de traitement à donner. Aussi diton que l’équipe de physiothérapie et le principal soignant travailleront ensemble et demeureront en contact durant tout le programme de traitement. Ce que la WIWS a appris de la part de plusieurs victimes d’accidents et de maladies du travail, c’est que ce n’est pas ce qui se passe. Le principal soignant est rarement informé que le patient entreprend le programme de traitement. Nous apprenons aussi que la WCB force les victimes du travail à entreprendre le programme beaucoup trop tôt et que, dans bien des cas, ceci cause d’autres dommages à la lésion d’origine. Par exemple, nous connaissons des victimes du travail à qui des spécialistes ont dit qu’elles auraient besoin de chirurgie pour corriger le problème; par contre, quand la victime du travail Page 6 retourne à son traitement de physiothérapie, les thérapeutes qui annoncent qu’elle n’a pas besoin de chirurgie et que la plus grande partie du problème peut être résolue au moyen de la thérapie, et que 99 % de la douleur réside dans sa tête. Ce genre de rapport est effectivement envoyé à la WCB. Quand on questionne l’équipe de traitement à ce sujet ou qu’on lui demande pourquoi le principal soignant n’a pas été informé, cette équipe renvoie la victime du travail à la maison. Ensuite, elle fait parvenir un rapport à la WCB déclarant que la victime du travail ne collabore pas au sujet du traitement. La WCB met alors fin aux prestations de la victime du travail. Ce programme de réadaptation semble prévaloir contre le principal soignant et les spécialistes; nous croyons que cela est tout à fait injuste. Nous voyons cela se produire régulièrement; ce n’est qu’une autre façon pour la WCB de priver les victimes d’accidents et de maladies du travail de leurs prestations. Quand les victimes du travail vont à ces cliniques privées, on leur dit de lever des poids ou d’accomplir des tâches beaucoup trop difficiles pour elles. Ceci cause plus de tort que de bien. Plusieurs principaux soignants sont d’accord au sujet de ce problème, mais là encore, l’équipe de traitement déclare à la WCB que la victime du travail ne fait pas assez d’efforts et qu’on pense que cette personne a un problème mental en plus. On organise alors un rendez-vous avec un psychiatre pour la victime du travail, ce qui fait paraître la situation encore pire. Ces thérapeutes et équipes de traitement devraient être obligés de rendre compte pour les choses injustes et désagréables faites aux victimes du travail dans le cadre de ces programmes de traitement. Ces personnes sont complètement humiliées et forcées à se sentir méprisables à cause de ce qu’on leur demande de faire ou des choses qu’on leur dit lors des traitements. Considérez toutes les cliniques privées de physiothérapie qui ont été établies. Nous savons que la WCB a financé la plupart sinon la totalité de ces cliniques avec des subventions ou par des dons en équipements. La WCB finance ces cliniques pour une raison. La seule raison est de priver les victimes du travail de leurs prestations. La WCB finance ces cliniques et dicte la façon de les exploiter. C’est clair que ceci est dans le meilleur intérêt de la WCB et non dans celui des victimes du travail. Nous constatons que les principaux soignants sont très frustrés au sujet de ce qui arrive à leurs patients. Nous estimons que le principal soignant a le dernier mot au sujet du traitement que la victime d’un accident ou d’une maladie du travail doit recevoir et que si le principal soignant est en désaccord ou croit que le traitement fera plus de tort que de bien, l’équipe de traitement doit alors accepter la décision du principal soignant et non la renverser pour plaire à la WCB. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL COMPARISONS ON "MEDICAL ISSUES" NF 1. YES NS A) NS ON SK BC YES 3. YES NB QC ON MB SK AB YT BC DOES THE WCB SEND INJURED WORKERS FOR MEDICAL TREATMENT? YES YES YES YES YES YT On the advice of their medical personnel or of the treating Dr. BC The WCB in BC often imposes medical treatments, medical rehab programs, work conditioning/hardening programs etc. under the threat of discontinued benefits against the advice of more qualified treating medical practitioners. Furthermore, the WCB often delays recommended time sensitive medical treatments recommended by treating medical practitioners including treating specialists pending approval by WCB Medical or Nurse Advisors who most often never examine the worker. NO 2. PEI IS THIS DONE IN PARTNERSHIP WITH THE FAMILY (TREATING) DOCTOR (PRIMARY CARE GIVER)? YES Some times. At first it is done by a family doctor. When the Board takes the initiative on sending a worker for treatment, in many cases the only way the family doctor will be made aware of it is through the injured worker. The Board should be consulting the treating physician as it is the treating physician who actually SEES the worker, not just information in a file. It is suppose to be done through consultation with primary caregivers, but it never happens Very rarely, most often this practice is in direct conflict with the family (treating) doctor (primary care giver)? ARE FAMILY DOCTORS BEING OVERRULED BY WCB DOCTORS? BY PHYSIOTHERAPISTS? BY CHIROPRACTORS? YES YES YES YES YES NS Doctors are quite frequently overruled by WCB doctors. They are also known to rule over physiotherapists, and chiropractors. NF Most especially by Occupational Therapists functional capacity evaluations. The WHSCC, in policy, sets the guidelines that they require, to access function to match to an occupation that WHSCC wants assessed to match the worker. The result is then they reduce benefits or eliminate them, to the worker. ON Yes, yes and yes. The Board will overrule a family doctor using arguments like "lack of objective findings", or "inability to establish a causal link between the injury and the work history" etc. If a family doctor gives a worker an expected recovery time of 8 weeks, and the worker's chiropractor gives an expected recovery time of 4 weeks, the chiropractor‟s opinion will be given more credence as it is what the Board wants to hear. At times it seems like a reverse auction: whoever bids "lowest", their opinion wins. Even Orthopaedic Surgeons and highly skilled Specialists are being overruled by Board doctors. SK This is a very big problem is Saskatchewan. YT Sometimes. They seem to work in conjunction with one another. BC The practice of family doctors, a multitude of other treating medical professionals, including treating specialists with the highest degree of respect and experience in their field being overruled by not only WCB „medical advisors‟ but also WCB „nurse advisors‟ is so serious in BC that many medical professionals will refuse to treat injured workers because of their disrespect and often distain for WCB practices related to medical decisions and treatments. ARE INJURED WORKERS BEING SENT FOR VARIOUS MEDICAL/PHYSIO TREATMENT PROGRAMS AND BEING INJURED? PLEASE EXPLAIN ... YES YES YES YES NF Workers are being pushed beyond their physical limitations. The various medical/physio treatment programs are determined to persuade the worker he/she can continue the program. If the injured worker says he/she is finding the injury has flared up and they are worse, then the provider states ”well that is to be expected” and the worker continues to worsen the injury, because most will listen to the professional caregivers opinion. If the worker complains of a problem area not related to the original injury, the WHSCC Dr. will not compensate as a new injury because no new incident was reported. Also, they are being told by the WHSCC managers that they are not co-operating or have refused to participate, and benefits are suspended. NS Some people are sent for work hardening and are pushed into strenuous programs. ON This does occur. Workers are being injured in physiotherapy, and work hardening programs. When a worker is being sent for Labour Market Re-entry training, often the training facility/workstation is so ergonomically poor/incorrect that workers are developing injuries throughout their re-training. SK IW are forced to do more than they are capable of. Then it is reported that the IW is not cooperating. YT YES. We have a number of injured workers further injured at their respective treating facilities. Mostly due to over exertion of the claimants injured areas. Page 7 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS BC 4. YES 5. YES 6. NO 7. YES PEI NB QC ON MB SK AB YT BC Injured workers in BC are often prematurely forced into various treatment programs including work „conditioning‟ and work „hardening‟ programs and not only suffering aggravation of the primary injury but too often resulting in new more serious injuries. IF THE WCB SENDS INJURED WORKERS TO A PHYSIOTHERAPY CLINIC OR ASSESSMENT, DOES THE WCB SEND INFORMATION AHEAD OF TIME TO CHALLENGE THE CREDIBILITY OF THE INJURED WORKER YES YES NS Not sure, but this would not surprise anyone as they are capable of anything. ON Background information is often sent in advance, or consultation may be done prior to the worker's assessment. SK All the time. Some very slandering statements are made about the IW and even their spouse. BC The WCB will often attempt to direct the outcome of outside assessments by providing selective information prior to the process as well as making their expected outcome well known and have even been known to being suggestive with respect to WCB favorable outcomes having an impact on client volume. DOES THE WCB HAVE A SCHEDULE OF NORMAL HEALING TIMES FOR SPECIFIC INJURIES? WHAT HAPPENS IF THE INJURED WORKER DOESN’T HEAL IN THE “NORMAL TIME”? YES YES YES YES YES NS As a rule, they are cut off their benefits and then they have to prove that they are not ready for return to work or they return and are re-injured as they returned too early. ON The worker's benefits may be reduced or suspended for failing to comply or co-operate in healthcare measures, or for not following prescribed treatment. NF Benefits suspended, programs stopped. SK Their benefits are usually terminated and then the appeal process begins. BC The WCB follows a number of practices that result in decisions being made solely on the basis of „normally‟ expected recovery times. Most often the WCB imposes poorly planned, poorly implemented and medically dangerous rehabilitation and /or return to work plans often resulting in re-injury and/or new injury. DO EMPLOYERS SUPPORT AND FOLLOW THE PHYSICAL RESTRICTIONS PRESCRIBED FOR THE INJURED WORKER? (WORKPLACE MODIFICATION) NO NS Some do and some do not. ON Under the Workplace Safety & Insurance Act, the employer has a duty to accommodate the worker. The only way they can get out of it is to prove undue financial hardship. The employer is supposed to support and assist the worker in returning to the workplace, however many workers find that the support is totally lacking. SK Some employees do. YT In some instances. BC Some employers do, both recognizing and respecting the benefits to both the employer and the worker but this is still the exception rather than the rule. Unfortunately, programs and legislation which has helped to facilitate better access and reintegration of injured and disabled workers back into the workforce are now threatened. DOES THE WCB PUT INJURED WORKERS INTO RETURN TO WORK PROGRAMS TOO SOON AND SOME INJURED WORKERS GET RE-INJURED ? YES YES YES YES YES NS More often, than not. ON Recurrences are alarmingly high considering in Ontario the process is supposed to be Early and SAFE Return to Work. BC As described above YT Some workers experience a lot of pain, frustration and discomfort with the RTW programs. 8. YES DO YOU HAVE MEDICAL REVIEW PANELS? NO YES NO YES ON The claims adjudicator has the ultimate power in deciding a claim. The claim is normally sent to the Sector Medical Consultant to provide a medical opinion on the claim. The SMC reviews the information on file and renders his/her opinion. The SMC's themselves are normally former or current MD's who are not specialized with occupational related medical training. The SMC's are so overloaded with claims it is not surprising their opinions appear to be so brief and uninformed. BC There is still the MRP as an avenue of appeal based on a doctors certificate of bona fide medical dispute, however this is an avenue of resolution slated for the chopping block by the Liberal Government a) WHAT IS THE STRUCTURE? (THREE PERSON REPRESENTING IW, EMPLOYER?) HOW ARE THEY WORKING? Page 8 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS NF SK BC PEI NB QC ON MB SK AB YT BC The Medical review consists of a WHSCC employed doctor reviewing the file &/or, sending the file to a Dr. contracted by WHSCC to review. They never see the injured worker. They are usually General Practitioners doing the job of the WHSCC to reduce and eliminate the Commissions financial liability. In our experience, the GP‟s are overriding the Specialists i.e. Surgeons, orthopedic and other caregivers, no specialty background. They seem to work against the worker. Their job is to render an opinion in favour of WHSCC, which is who is paying them. 2 doctors picked by IW, and 1 Chairman picked by WCB. Three person panel, including a chair and with the injured worker and employer choosing one member each from a provided list of specialists. There is mixed opinion as to the quality of decisions handed down through the MRP process. 9. YES ARE PERMANENT FUNCTIONAL IMPAIRMENT ASSESSMENTS DONE BY WCB STAFF DOCTORS? YES NO YES YES YES NF As well as Doctors on contract to do PFI Assessments for WHSCC. ON When a worker is sent for the permanent impairment assessment, (in Ontario the PI assessment is known as a Noneconomic loss assessment = NEL), the WSIB sends out a roster list of MD's and the worker is given the opportunity to select one from the list. They must select a doctor that the worker or anyone in their family has never seen. This list contains many physicians, some of whom are "injured worker friendly", and some who are very anti-injured worker. It is important that workers do as much research as possible when selecting the doctor. BC All PFI‟s are done by the WCB and in some regions this is combined with a computer assisted program relying on electronic measuring devises, although still susceptible to human error (or manipulation), called ARCON, which also generates a computer print out of the percentage of impairment. 10. NO IS AN INJURED WORKER ALLOWED TO HAVE A REPRESENTATIVE AT THEIR ASSESSMENT? NO YES YES Unsure NS They are not even allowed to have their spouse sit in. NF But we advise the worker to insist. ON Although many injured workers are not aware of this. SK A lot of cases the IW doesn‟t know his or her rights, and without a rep WCB gets to snowball the IW. BC The official WCB line is „yes‟ however assessments have been cancelled when workers have asked to have a representative present or the accompanying person has been refused access to the exam room etc. 11. YES DOES YOUR GROUP HAVE A POSITION ON THE ROLE OF WCB STAFF DOCTORS? WHAT IS IT? YES YES NO NS Incompetent. For your assessment, in their office they are equipped with a little hammer, a piece of cotton batten, a measuring tape, and a stick pin. In 10-15 minutes, your assessment is done. The reports from your two or three specialists, and your family doctor are not even considered. It‟s a one man show. If you don‟t like it, you have the right to appeal. Isn‟t this a great system? NF They are biased, not independent because of WHSCC being their Employer. ON The position of the Ontario Network of Injured Workers Groups is that the Board should acknowledge and consider the recommendations of the injured workers treating physicians (family doctor, specialists etc.), and not rule solely based upon the opinion of the Board doctor. BC The general consensus in BC is that medical staff at the WCB for the most part is biased, unprofessional, often arrogant, and displays an alarming level of incompetence and /or negligence in the decisions they render. Therefore given the clear documented history of the irresponsible, incompetent, negligent and biased conduct of WCB medical staff in BC and the obvious inability of administration to appropriately manage a credible, competent and professional medical division, the WCB should be prohibited from direct involvement in the medical treatment and / or decision making process and be required to rely on the clearly more qualified, professional, and credible medical community outside their corporately motivated control. YT Only to complain and point out the incorrectness of his findings to the External Appeal Commission. Page 9 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Injured Workers Day – June 1, 2001 - RALLY Queen’s Park – Toronto, ON Hundreds of injured workers and supporters from the province of Ontario, gathered for the rally, filling the streets in front of Queen‟s Park in Toronto. They were expressing opposition to the government‟s proposed mega-tribunal for appeals. The government has now withdrawn the proposal! LETTERS TO THE EDITOR Dear Editors, Writers and Readers of this Publication: Picture this, if you may, please: You are an average person, a typical Canadian, with reasonable dreams that you work hard for, knowing that you have to – not having been born rich. You‟ve worked most of your adult life – proud to be neither a bum nor a parasite. You are a productive member of society. You are happy that your country is a progressive, welldeveloped country that takes care of its citizens through structures and systems that protect democracy and human rights. You enjoy peace of mind, believing that come what may, you have institutions to turn to should misfortunes arise. Little by little you watch your dream taking shape, becoming reality. Then, one fine day, you meet an accident. Immediately, you get help, as you knew you would. After medical tests, treatments, surgery, and more medical tests, however, your doctors tell you that you can‟t get back to your job, your injury is irreversible Page 10 and permanent. You‟re afraid, worried about your family, stressed by both your pain and insecurity about the future. You think you‟ve hit bottom, but find out that you‟re wrong – for this is just the beginning of the decline. Amazed and baffled, you watch how medical results are brushed aside, your pension is cut, you watch your savings dwindle, and you starve. Just when you need help the most, help is withdrawn. You can‟t figure it out – all you‟re asking for is delivery of a promise, i.e. that there could be positive life after an injury for a Canadian citizen. You‟re willing to be re-trained for a more suitable job, but apparently you‟re useless for anything or anyone else, useless and helpless. You feel like a dead horse being beaten. You look around you, in real time and in the net. You find so many others – hundreds, thousands of people suffering like you are – permanently injured workers left out in the cold by the institution that was supposedly established for the insurance of workers. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Or, was it after all, established for business and government to protect each other – at the expense of injured workers? of the permanently disabled workers they‟re supposed to protect. I assure you that mine is not an isolated case, nor is this the plight of just a few people. Stress after painful stress, you watch not just your future slipping away, but your present. How has your life suddenly become like a nightmare? How can you suddenly have nothing, as though you had been idle all your life? My mistake, even your past has been erased! Please help me get back my life, and my faith in our country and institutions. Help others like me. Meanwhile, pray hard that this doesn‟t happen to you. I dare anyone to do some objective investigative journalism about the WCB‟s abuse and mistreatment Reinier J. Kanis, My personal story can be viewed at www.bcwcb.com Truly yours, Dear Editor Hi. I injured my back in Nov/99. Since that time I have had nothing but problem after problem with WSIB. Last week I drew the line. I had been having a lot of problems with the medication that I was on. My doctor sent me to a shrink to see what medication may be causing the problem. The psychiatrist‟s diagnosis was that my depression was caused by all the pain I am in, and that the combination go hand in hand. In May this year, I started school at Algonquin, in Smiths Falls. I was at a point where I was feeling good, and very relaxed. After about 3 days of school the seating was very poor and my pain elevated twofold. I called my worker at NRCS, and informed her that I needed a proper chair. She informed me that WSIB only approved an Obus Form and that I should try that. I told the administrator at school, and she said don‟t bother. We don‟t have a chair here that the Obus Form will fit into, and the only answer would be a proper chair. When I told my worker at NRCS, she said that she would have to take it up with my WSIB Adjudicator. It took about a month, but the chair was finally approved. During the course of that month, my back worsened to the point that I was doing my school work at home. This is where my problem with medication began. Last week my doctor switched my Zoloft medication with something else. I asked to use the doctor‟s phone to call WSIB for their approval of the new medication. I spoke to the NCM, and she was her usual happy self (if you know what I mean). She was asking questions when she started to say something, and stopped. She continued asking questions, and also talked to the doctor. When she was done, she asked that I call her after my appointment. I wanted to know why, and asked what was on her mind. She blurted out “It looks like we‟re funding a depression problem not a lower back pain problem.” I was shocked at what I heard. She let me go, but still asked that I call her back. I hung up the phone and burst into tears, and told the doctor what she said. He couldn‟t believe it, and immediately said that this was going into his report and tried to calm me down. I left his office and headed to my girlfriend‟s to call her back, I was still crying and in disbelief. I called the NCM back, and she again came right out with repeating her same statement, without beating an eyelash. I let her know my displeasure and told her that her comment was very unprofessional. I then called the doctor back, and I let him know what she again said, and he was adding it to his report. I also informed my Pain Management Doctor, and the head doctor on my case. They all couldn‟t believe it. I also called a Supervisor at WSIB. I informed her of the adjudicator‟s comment and had a good talk. I felt relieved that something would be done on Monday. When I spoke with her again on September 27, she seemed to be siding with the NCM. When I brought up the need of a proper chair at school, and that I wouldn‟t have the backpeddle in my back pain, she came right out and said “Get over it.” I have had it, I am calling a lawyer on Friday, and it‟s time I looked out for me. The sad thing is, I still have the same pain I‟ve had since November 1999, and if someone had done their job right, or timelier, I would not have all these problems. Sincerely, Doug Ouimet Editor’s Note: We get letters like this almost every day. We need to all work together to end this unnecessary suffering! Page 11 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Goals CIWA/ACVAMT Is about  To work towards a just SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.   PARTNERSHIPS We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.  INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.   system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available         The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE COMING TOGETHER VIDEOS & WORKBOOKS  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 10098 Thunder Bay, ON P7B 6T6 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 12 � 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 2001 Description An account of the resource Articles about medical issues- changes to the Workers' Compensation System; "Rehabilitation: Physiotherapy verses Primary Caregiver/Specialist"; "Provincial Comparisons on 'Medical Issues'"; Injured Workers Day, June 1, 2001 Rally [photo]. Update on the Youth Project; Letters to the Editor. 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 2001 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/3dd44c982b1cdf43a369b322f93b384e.pdf 4dc85d1172aed7e75ee16bbabf8ef384 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Knowledge Exchange and Translation (KET) The Canadian Injured Workers Alliance is leading a project in collaboration with researchers from the University of Western Ontario, the University of Toronto and McMaster University which received developmental funding for a one year project through the WSIB Research Advisory council. The goal of this project is to examine the role of IWG’s in interpreting and communicating policy, insurance, support, health, and research information to injured workers. The project’s focus will to find out what IWG’s needs are in providing information, as well as how information is shared and how information can be put into useful formats for use by injured workers. Strategies that IWG’s and other groups involved in knowledge exchange with other consumers will also be examined. Ultimately, the information collected through this project will lead to the development of a larger study involving a large survey to evaluate injured workers’ use of information and knowledge in decision-making and which approaches best support getting the information into the hands of injured workers. PARTICIPATION: If you take part in this study, you will be involved in a focus group with up to 9 others who provide information that injured workers need and request. If you are interested in taking part in this Focus Group, please contact us. Phone: 1-877-787-7010 / Fax: 807-344-8683 / Email: ciwa@vianet.ca We look forward to hearing from you. NOTICE We have cancelled our post office box, and will only be receiving mail at our physical address. Please change your records to reflect that only this address will be used: 1201 Jasper Drive Thunder Bay, ON. P7B 6R2 Table of Contents CIWA/ACVAMT Contacts ...................................... 2 CIWAY Contacts, Web Sites to Visit ....................... 3 Page 1 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail PLEASE HELP ………… S U B S C R I B E T O D A Y ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ Highlights is published 4 times per year ________________________________ Injured Worker/Unemployed $ 5.00 __________ Postal Code ________________________________ Individuals $ 10.00 __________ Phone ________________________________ Organizations $ 15.00 __________ Fax ________________________________ Donations $ E-Mail ________________________________ Total Web Site ________________________________ CIWA THANKS YOU for Your SUPPORT! ________________________________ Newsletter Subscription: $ __________ __________ Editor’s Note This newsletter is distributed via email, fax, or mail to CIWA/ACVAMT members and groups with an interest in injured worker issues as resource tool to share and exchange information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or for their opinions. You are welcome to share and distribute this newsletter with others that are interested. It is also available on our website at www.ciwa.ca. PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… President ... Secretary … Treasurer … SK ... Robert Lindsay, Regina Western Injured Workers Society NS... Dave MacKenzie, Westville Pictou County PEI ... Leonard J. Crawford, Summerside ON ... Gerry Landry, Thunder Bay Ontario Network of Injured Worker Groups AB... Sherri Scott, Fort MacMurray NL... Clive Hamilton, Labrador City Rob Lindsay Leonard J. Crawford Dave MacKenzie ADVISORS… Vincent Boyce, Injured Worker, Manitoba Andy King, U.S.W.A. Lynn Shaw, University of Western Ontario Patti MacAhonic, BC Injured Workers and Survivors Education Association STAFF… Phil Brake, National Coordinator Monika Wiitala, Office Manager L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL CANADIAN INJURED WORKERS ALLIANCE Phone: 807-345-3429 Fax: 807-344-8683 Page 2 1201 Jasper Drive Thunder Bay, Ontario. P7B 6R2 Toll Free: 1-877-787-7010 email: ciwa@vianet.ca Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Canadian Injured Workers Alliance of YOUTH (CIWAY) BOARD OF DIRECTORS – Since MARCH 2004 PRESIDENT TARA DORVAL VICE PRESIDENT DUSTIN EASTMAN SECRETARY JULIE SHOEMAKER TREASURER JESSICA BELANGER Thunder Bay, ON Regina, SK Sommerset, MB Winnipeg, MB BOARD MEMBERS / Provincial Reps ANDREW BACCHUS DAWN HAMILTON PAIGE MOORE AMANDA PERREAULT DEAN RUDD LILI TRINH SCOTT WOLBAUM JAMIE WOODHOUSE Toronto, ON Labrador City, NF Montague, PEI Brampton, ON Whitehorse, YT Toronto, ON Regina, SK Winnipeg, MB For information on how to contact any of the above provincial representatives, please contact our office in Thunder Bay, Ontario at 807-345-3429, or toll free: 1-877-7877010, fax: 807-344-8683, email: ciwa@vianet.ca or visit our website at www.ciwa.ca Message from the National Coordinator / President SDPP/D funding has historically been a critical component of CIWA’s operating budget. This has enabled us to achieve our annual objectives, maintain an operating National Office, hold bi-annual BOD meetings, provide services and materials to the public and IWG’s, acquire new IWG members, support the creation of new Injured Workers Groups in Alberta and B.C., and bring forward proposals on matters relevant to our mandate. Some of our recent and upcoming activities include the following: 1. Continued partnerships include the following: Round Table Project – Dr. Celeste Johnson, Robert Lindsay, CIWA Rep Canadian Pain Coalition KET Project - Lynn Shaw, OT, University of Western Ontario, Robert Lindsay, and Phil Brake, CIWA Reps, Peter Page, ONIWG, Colin Argyle, OFL, Sylvia Boyce / Andy King, Steelworkers Council of Canadians with Disabilities 2. We attended the ―End Exclusion‖ Forum, ―Building and Inclusive and Accessible Canada‖ in Ottawa, on November 2, 2006 hosted by the Council of Canadians with Disabilities. 3. RIDEAU CANAL / INTERNATIONAL DAY OF MOURNING – APRIL 28, 2007 The Ottawa & District Injured Workers Group (ODIWG) and Mr. Kevin Dooley (WCB Pensioner) of the Canal Workers Commemorative Group of Ottawa plan and hope to have the Canal, which is currently a National Parks Historic site, to be declared a World Heritage Site in 2007. This will be the 175th Anniversary of the completion of the Canal. Events are planned in conjunction with the International Day of Mourning and plan to raise awareness and monies/donations which will be shared with the ODIWG, and the Ottawa Valley Head Injury Association. 4. ―Building worker capacity for participation and collaboration for achieving Return to Work (RTW) success‖. A revised proposal focusing on RTW and the gaps that exist. This proposal is to compliment collaborative research already in progress between CIWA, the NW Ontario School of Occupational Therapy, other rehab clinics, universities, the Ontario Society of Occupational Therapists, the Institute for Work & Health, the WSIB, the National Centre of Audiology. This research emphasizes and Occupational Science perspective that considers a holistic approach addressing the person/injured worker, the occupation, and the environment to investigate strategies and approaches to support more effective RTW. 5. ―Rob coauthoring book w/Lynn‖. CIWA has been asked to coauthor a Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Group Demands Recognition of Disability Caused by Toxins in the Environment MONTREAL, November 23, 2006 The Allergy and Environmental Health Association of Quebec (AEHAQ) presented a Petition for the recognition of disability and immediate adequate support for people made ill from environmental exposures and was tabled in the National Assembly of Quebec on Thursday, November 23, 2006 by Mrs. Yolande James, Member of the National Assembly for Nelligan. The Petition reads as follows: "We, the undersigned residents of Quebec, call upon the Government of Quebec to: - formally acknowledge and recognize the disability caused by Environmental Illness, Multiple Chemical Sensitivities and Chronic Fatigue and Fibromyalgia Syndrome; - establish centers for research, education, diagnosis, treatment and testing for toxins in the human body; - ensure safe adequate accommodation in hospitals; - homecare support; - recognition in the workplace; - affordable, environmentally-safe housing and emergency shelters; and, - offer immediate help for the chemically injured across Quebec. Contact:Ms. Rohini Peris - President, Mr. Michel Gaudet - Vice President, Ms. Paula Mckeown – Secretary Tel: (514) 683-5701 Email: aeha-quebec.ca More information on chemical sensitivities can be found at: http://aeha-quebec.ca The following definition of ―Environmental Sensitivities‖ has been copied from the website at: http://aeha-quebec.ca Environmental sensitivities can occur when people become sensitive to substances or phenomena in their everyday environment at levels well below what would be considered to be acceptable to "normal" people. Sensitivity reactions can be triggered by scented products, cleaning products, laundry detergents, paints, petrochemicals, cigarette smoke, pesticides, pets, plants, fuels, electromagnetic radiation, molds and foods. are able to find a safe environment in which to live and work, and if they can obtain (and afford) treatments that are both tolerable and effective for them. Sadly, despite skills and education, some people with sensitivities end up on social assistance. Many become socially isolated as they are forced to retreat from places and activities they love, and for some, the devastation extends to losing spouses, family and friends who may not believe that they are ill. The effect of environmental sensitivities can be overwhelming. Productive people may suddenly or gradually become unable to tolerate offices, homes, schools, hospitals and public places. Employers, who may or may not be aware of the problem, may refuse to make the accommodations necessary to allow people affected to continue working in safety. Many people with sensitivities lose their jobs if they are not provided with the accommodations they need to work productively. Some become homeless. All too often, retirement savings are depleted and debts are incurred in an attempt to create safe living conditions and to fund the cost of treatment. Treatment of these problems can be expensive and difficult to obtain, and includes avoidance of offending agents. Some people with sensitivities do improve after many years if they The disability may be invisible, but it is real. Like others with disabilities, persons with sensitivities have special needs which include, but are not limited to: housing in a safe and tolerable environment so that their bodies can heal, well-tolerated, environmentally safe products available at a reasonable cost, consumer self-help groups, a support system, tolerable meeting places, publicly funded treatments, safe hospitals, schools and other pubic facilities, and accommodation in the workplace. Like all Canadians, we are entitled to freedom from discriminatory treatment, which includes the right to accessible workplaces, accommodation and public facilities. Notably, environmental sensitivities have been recognized as disabilities by the Canadian Human Rights Commission and many provincial human rights commissions. Page 4 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Federal Government Cuts Funding Tuesday, September 26, 2006 Summarized from the publication entitled: ―A Voice of Our Own‖, from the Council of Canadians with Disabilities. Website: www.ccdonline.ca Here are some of the programs there were cut from the federal budget:  Court Challenges Program - $5.6 Million. o The Court Challenges Program of Canada provided funding to ordinary Canadians to undertake constitutional challenges against federal laws or programs – such as Workers’ Compensation.  Youth Employment - $55.6 million o Some youth employment agencies received federal funding for part of their budgets.  Industrial Programs - $42.2 million. o Technology Partnerships Canada  Medical marijuana research program - $4 million  Adult Learning and Literacy Skills Program $ 17.7 million o Non-profit organizations received this for development programs and research. Court Challenges Program and Other Programs Cut Abolition of the Court Challenges Program (CCP) and others announced in the fall of 2006 has upset many. A website campaign has been developed at: http://www.savecourtchallenges.ca where you can find out more on what you can do, and all about the CCP program. In brief: The Court Challenges Program (CCP) was established in 1978 to supply limited funds for selected test cases for official minority language cases based on sections 93 and 133 of the Constitution Act, 1867. There are many cases where funding was provided to plaintiffs or interveners in order for ordinary Canadians to have access to the court system and have their voices heard and their Right considered when government laws and policies failed to take into account their needs and aspirations. The CCP has been successful in a number of important court cases that have had direct impacts on the implementation of linguistic and equality rights in Canada. By cutting this program, the Canadian Government is saying yes to continued discrimination against persons with disabilities and unfairly limiting Canada’s Constitutional Rights only to the wealthy. If ordinary Canadians cannot use their rights because of financial barriers, then Canada’s Constitutional democracy is hollow. The CCP has an established track record as an effective and accountable institution that promotes access to justice. Their website contains reports and statistics on its activities. During the last election campaign, Prime Minister Stephen Harper stated that if elected, a Conservative government would ―articulate Canada’s core values on the world stage,‖ including ―the rule of law‖, ―human rights‖ and ―compassion for the less fortunate.‖ By cancelling the CCP, the government is basically indicating that those deserving the Right to be heard in order to live on an equal footing with others, will not and do not deserve to be heard. AN IRISH FRIENDSHIP WISH: May May May May May May there always be work for your hands to do; your purse always hold a coin or two; the sun always shine on your windowpane; a rainbow be certain to follow each rain; the hand of a friend always be near you; God fill your heart with gladness to cheer you. Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Health/Labour Man lives with lead poisoning Endured hazardous working conditions for years Deana Stokes Sullivan, The Telegram (St. John's) Front, Sunday, January 14, 2007, p. A1 When Charlie Thompson began working in the early 1970s, repairing and painting automobile radiators, he had no idea of the occupational hazards associated with his work. He felt fortunate to have a steady job that paid decent wages. But after years of inhaling fumes and dust from lead-based solder and the vapours of automotive paint, Thompson began experiencing numerous symptoms, including severe headaches. "I used to have to come home from work, take 222s and cover my head in blankets, I was in so much pain," Thompson recalls. Thompson, 52, and two co-workers repaired radiators in an automotive shop. Three torches were going all day, he said, soldering in a small room, measuring about 35 by 40 feet. Lead solder was used up until 1994. recently, a separate paint booth was constructed on the site. Thompson filed a claim for workers' compensation in 1993, but it took almost a decade for his symptoms to be recognized as an occupational illness. He was removed from the workplace in 2001, but his blood lead levels are still above normal. The result of blood testing last year showed a lead reading of 0.796 micromoles per litre (umol/L), where the normal reference should be zero to 0.48. Thompson was also found to have higher-than-normal levels of cadmium and zinc in his blood. Large radiators, averaging 500 to 800 pounds, had to be lifted through a door to the room and after the soldering job was completed, they were often painted with potent automotive coatings, using lacquers and thinners. A letter dated July 18, 2001 from the provincial labour department's Workplace Health and Safety Inspections division to Budden, Morris Barristers and Solicitors, representing the Transportation and Allied Workers Union, states that Dr. Jacques Levesque of New Brunswick, "was very clear in pointing out that in his opinion, three of the workers have chronic ill-health effects related to long-term lead exposure." Levesque is a lead expert who assessed the workers. Thompson said at times the clouds of dust and fumes were so thick he couldn't see his co-workers, who were just 20 feet away from him. Thompson blames a lack of action by Occupational Health and Safety for allowing his illness to progress to the point of impairing his cognitive abilities Besides the headaches, he experienced other health problems, including high blood pressure, kidney stones, gastrointestinal problems, muscle deterioration and pain, and carpal tunnel syndrome, a condition affecting ligaments, nerves and bones in the arms and wrists. "The way I feel, I didn't get injured on the job, I got poisoned," he said. Blood testing for lead absorption wasn't conducted on the employees until the mid 1980s. Around 1988, Occupational Health and Safety conducted a workplace inspection and made recommendations for a ventilation system to improve the conditions. After numerous other inspections and air testing, which showed elevated airborne lead levels, the workers were given respirators and, more Page 6 The Workplace Health, Safety and Compensation Commission (WHSCC), which eventually accepted that Thompson suffered damage from lead exposure in his workplace, said in a labour market referral report last year, "Mr. Thompson's restrictions are mentally, more than physically. He has had lead exposure which has resulted in cognitive deficits, problems with new learnings, etc." Trish Dodd of the province's injured workers' association wishes Occupational Health and Safety and the WHSCC would recognize the other physical health implications from Thompson's lead exposure. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Lead is absorbed by the bones and organs and accumulates in the body, causing numerous symptoms besides cognitive problems, Dodd said. Thompson's case was presented to the Newfoundland and Labrador Human Rights Commission as well as the province's citizens' representative office, which has been investigating how Occupational Health and Safety handled his case. A document from Dr. Levesque, included in the Human Rights Commission report, says Thompson cannot return to work in a lead-contaminated work environment. "This recommendation has to be considered as a formal permanent work restriction and is supported both by the physical and neuropsychological evidence available in his medical record," Levesque wrote. While not considering Thompson totally disabled from any type of employment on a permanent basis, Levesque went on to say that his reinsertion into the workforce in another capacity may be problematic, if not met by some degree of failure, given his age, limited past work experience and academic training, cognitive and emotional deficits, and current physical ailments. Dodd said despite this assessment, in 2003 the WHSCC decided to reduce Thompson's disability pay by about $400 a week, on the basis that he could potentially work as a light duty cleaner, leaving him with only about $250 a week. She said the commission obviously didn't consider that cleaners work with chemicals, which could further jeopardize Thompson's health. Dodd plans to continue working on Thompson's behalf with the hope that he will get full extended earnings loss, based on his physical and mental disabilities from lead exposure. When Thompson left his job, he was earning about $40,000 a year. In addition to losing earnings, he also lost health and medical benefits. He said the impact his occupational illness has had on his life and his family has been immeasurable. If his wife didn't work, he'd never be able to live on his workers' compensation payments, he said. For years, Thompson said, he has had trouble sleeping because of muscle and bone pain, and he often has to resort to taking medications before going to bed. "It has left my whole life, financially, emotionally and personally, in ruins." dss@thetelegram.com © 2007 The Telegram (St. John's). All rights reserved. Deana Stokes Sullivan, Health reporter The Telegram P.O. Box 5970 Columbus Drive St. John's, Nfld. A1C 5X7 Tel: 709-364-2323 or 709-364-6300 EXT. 325 Remember: You have the right to refuse unsafe work! Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Wednesday, September 20, 2006 Error cost $1.5M By DEANA STOKES SULLIVAN, The Telegram A group of workers on long-term disability received more than $1.5 million in retroactive pay and interest from the provincial Workplace Health Safety and Compensation Commission (WHSCC) last year, all because of an error in calculating consumer price index adjustments. The error dates back to 1994, and by the time it was corrected, some of the claimants had passed away. The fact the mistake wasn’t detected for 11 years has the Newfoundland and Labrador Injured Workers’ Association calling for more accountability at the WHSCC. The commission, however, says it acted quickly when the error was discovered and promptly paid up. The error was picked up in a claim review, a WHSCC spokeswoman confirmed Monday. She said it originated from one per cent being applied as a consumer price index (CPI) — or cost-of-living — adjustment in 1994 instead of 1.9 per cent. The WHSCC policy manual states that long-term disability benefits are fully indexed to the annual change in the CPI for Canada. The CPI measures inflationary changes in the cost of products and services. The 1994 error had an accumulative effect on indexation calculations for subsequent years until it was corrected in 2005. The error affected 1,448 active claims for what the commission terms extended earnings loss or long-term disability. In cases where claimants had passed away, money owing was paid to their estates, the commission said. The amount paid to fix the error is said to have been roughly $1.56 million — $1.35 million owed to claimants plus approximately $214,000 in interest. According to the WHSCC, the average individual payout was about $800 and the maximum was about $2,100, including interest. Cheques were sent by midMay last year. Trish Dodd of the injured workers’ association said she’s aware of much larger retroactive amounts being paid out. She has a letter from the WHSCC dated Feb. 16, 2005, referencing a payout of more than $21,000 to an injured worker which explains that the person’s longterm disability benefits were not indexed properly because the CPI rate wasn’t calculated properly. Page 8 ―The letter doesn’t give any other reason,‖ Dodd said, adding if there were other errors, that just backs up her point that there needs to be more accountability to ensure that claimants are compensated properly. She said she was surprised to be contacted about the indexation error personally last year by Ann Marie Hann, then chief executive officer of the WHSCC. In the 11 years during which the error went unchecked, there were several chief executive officers and board appointments to the commission. Hann, who assumed the top position with the WHSCC in 2000, is no longer with the organization. She was replaced in June 2005 by Joe O’Neill, who continues to be acting chief executive officer. The WHSCC said his appointment last year was on an interim basis while it went about recruiting a permanent CEO. Although the indexation error has now been corrected, Dodd said she wonders what other errors might be slipping through and where accountability is at the WHSCC, especially considering that it was an injured worker questioning his claim who caused the error to be detected. The WHSCC spokeswoman said a process has since been put into place to double check CPI indexation amounts every year for long-term disability claimants. She said the error and resulting payout have not had any affect on employer’s assessment rates. ―We called employers. We were proactive and very upfront and honest to explain the error,‖ she said. Dodd said the injured workers group wants the provincial auditor general to review the commission’s financial affairs. Auditor General John Noseworthy’s annual reports have raised concerns about the commission’s unfunded liability in recent years. In the WHSCC’s 2005 annual report, its unfunded liability was reported to be $139.2 million. It was $160.1 million in 2004. In its response to the auditor general’s inquiries, the WHSCC said one of its key financial objectives is to eliminate its unfunded liability by 2020. In 2001, it stood at more than $200 million. dss@thetelegram.com �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Chronic Pain: 'It’s not in people’s heads' An article from: The ChronicleHerald.ca (Halifax, NS – May 16/06) MEMBERTOU — Chronic pain is real, and health professionals have to get that message across, an expert in the field says. "It’s not in people’s heads, it’s not just that they’re trying to get out of things they don’t like to do. It’s that they have real physical pain and we now understand chronic pain to be a neural response to tissue injury," said Dr. Mary Lynch, interim director of the QEII Health Sciences Centre’s pain management unit. Dr. Lynch was the keynote speaker at the recent third annual Pain Day conference at the Membertou Trade and Convention Centre, where seven doctors spoke to other health professionals about chronic-pain management. Topics included the use of narcotics in palliative care and in treating non-cancer pain, as well as reviews of hip, knee and ankle pain. Dr. Lynch said the problem of chronic pain is dismissed because ours is a pain-denying culture and the problem costs a lot to alleviate. "The human suffering alone and the economic burden that comes with that is huge. You’ll see insurers and policy-makers and workers’ compensation boards trying to deny that it’s real." She said the Workers’ Compensation Board of Nova Scotia can no longer deny the problem is real since a 2003 Supreme Court of Canada ruling that workers with chronic pain are eligible to be assessed for longterm benefits. Conference moderator Dr. Robert MacNeill, who works in pain management at Cape Breton Regional Hospital in Sydney, said the service is under-funded in Nova Scotia, resulting in longer waiting times. "If you have slower access to diagnostic services or specialists you tend to build a greater population of people that would have chronic pain," he said. "Long wait lists is our biggest headache." gmacvicar@herald.ca) Chronic Pain Awards ? PRINCE EDWARD ISLAND Mr. Clarence Fraser, of the PEI Coalition of Injured Workers Group would like to know whether the Supreme Court of Canada decision of Martin & LaSeur, October 3, 2003 has had any effect on other provinces in regard to awards for Chronic Pain and which version of the AMA Guidelines to Permanent Impairment are used. If there has been a percentage given for chronic pain, as was initially allowed in WCAT No 915A in Ontario, please let us know. A copy of the PMI policy indicating how workers are compensated for a permanent impairment on PEI is available by contacting Clarence Fraser @ cfraser@islandtelecom.com or the CIWA office. ONTARIO: Submitted by: Francis M. Bell, of TBWISE: PI assessments for workers injured from January 2, 1990 are completed via the Third edition (b) of the AMA Guides for Impairment Ratings. The WSIB has reviewed and determined that they will not move to newer versions of the AMA guide. Workers who have pension claims are rated via the "The Ontario Rating Schedule" guide. NOVA SCOTIA: It has been over 2 years since the ruling of Martin & LaSeur in the Supreme Court of Canada and individuals eligible for the Chronic Pain award, are still waiting. Some have actually won their cases through all three stages of the Appeals Tribunal, and the Workers’ Compensation Board has actually found ways of going against these rulings and not paying the award out as ordered by the courts or tribunals. THE FIFTH ESTATE We have acquired the direct phone line of the Executive Producer of the 5th Estate, Mr. David Studer. Anyone having a problem concerning issues with their provincial workers compensation board, should leave Mr. Studer a brief voice mail concerning their case. Perhaps if they receive enough information, then will they pay attention and help injured workers receive their due benefits. ALBERTA The Edmonton Sun covered a story over 2 pages in November 2006 from Sherri Scott July 2006 Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Alberta continues to grow at explosive rates, especially in the oilsands construction industry, providing employment for many Canadians and foreigners alike. Alberta companies tout environmentally friendly policies and procedures however are throwing their injured workers to the streets. With over 200,000 workers being injured every year, of which approximately 20-25% are serious, career changing or disabling injuries. 95% of these cases never receive a penny from their WCB claims and are forced to welfare after selling their homes to provide for their families in an attempt to 'hang on' while their claims are processed. The injured worker’s family is put under incredible hardship and duress as they usually end up loosing their homes, their families through divorce and are financially destroyed as a result. Due to the depression that accompanies the loss of control in their life, along with the above complications in an injured workers life, it is no wonder that in Alberta five percent of these cases end in the injured worker committing suicide. The Canadian Injured Worker's Group is working towards building bridges between the injured workers, Alberta Construction Association and these companies who employ these injured workers with a common goal of less injuries on the jobsite, and the employer taking responsibility for their injured workers. As this is a huge project, requiring years to implement, thousands of volunteers, and incredible financial support, as our starting point, we are approaching the companies for their support and financial backing to build an Injured Workers support/information centre in Alberta. Fort McMurray is the choosen location, as it is the hub of the oilsands, and would be the perfect location as a means of educating all individuals involved (whether it be the injured worker, the family members of an injured worker, health care professionals, employment agencies, and employers) in all topics that concern both the employer and the injured worker's. CanadaHelps.org CanadaHelps is a unique Canadian donor portal, that offers a low-cost online fundraising option for Canadian charities. They operate on the premise that facilitating online donations is rendered most cost-effective by using electronic fund transfer (EFT) and electronic communication methods. Using EFT, all the funds, minus a 3% transaction fee, are transferred directly to the charity's bank account on a weekly basis. Email communication provides the charity with real-time reporting and notification of each donation made on the site. While we list all 78,000 charities, only those that register with us can proactively use our services, download donation data, and update their profiles on the CanadaHelps.org portal. http://www.techsoup.org/ TechSoup Stock connects nonprofits and public libraries with donated and discounted technology products. Choose from over 240 products from companies such as Microsoft, Adobe, and Symantec. They also conduct surveys, discussion forums, educational sessions on technology and many other topics. Remember: A positive attitude may not solve all your problems, but it will annoy enough people to make it worth the effort! Herm Albright Page 10 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Goals CIWA/ACVAMT Is about SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  To work towards a just  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.  PARTNERSHIPS  We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.   INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.  system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available         The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE COMING TOGETHER VIDEOS & WORKBOOKS  YOUTH PROJECT MANUAL, 2002  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 10098, 1201 Jasper Drive Thunder Bay, ON P7B 6R2 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Email: ciwa@vianet.ca Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers/ groups / organizations, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 11 � 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 2006 Description An account of the resource Message from the president about the use of the CIWA's budget and events. Articles about a IWA research project on the IWA's role in interpreting and communicating policy, a petition for the recognition of injuries caused by toxins in the environment, cuts to the Federal government's budget, reactions to the Court Challenges Program being cut, a man who is living with lead poisoning, an error made by the WHSCC that resulted in injured workers being awarded $1.5M, chronic pain. An Irish Friendship Wish. 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 2006 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English 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/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/81c7667f545be83cbb882f75c2c92d9e.pdf 4b137d6fb4b4c36505f3d580172d31eb PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Injured Workers Want Equal Rights! For the first time in Canadian history, Injured Workers Groups are taking joint action on a legal challenge at the Supreme Court of Canada. The issue is our ability to hold doctors accountable for their medical treatment of injured and disabled workers. Normal citizens have recourse to the courts if their treating physician does malpractice. Injured workers are denied that right. Un der most provincial compensation acts, the worker would not be allowed to sue their treating physician. This ability to sue for medical wrong doing has been used successfully to bring about improvements to medical treatment. One recent example is the tainted blood/Aids scandal. People with HIV sued the government & the Red Cross and we now have a new safer blood system. Well, if you’re an injured worker, you don’t have this right. And what do we see? In Saskatchewan, they have a doctor using injured workers as guinea pigs as he does “Deep Brain Implants” as a pain treatment. Maybe if they fry your brain, your pain will disappear. This issue focuses on this court case and what the future looks like with new court rulings. We also have our regular features so please, “Read On”. Table of Contents Contact info ..........................................2 Projects..................................................3 Together We Can Win .......................4 Supreme Court Case............................5 L'appel de Kovach ................................7 Q & A .....................................................9 Views from the Provinces ............... 13 Dear Andy .......................................... 15 1 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PL EASE HEL P…… … . . S U B S C R I B E ! Name: ________________________________ Date: ________________________________ Address: ________________________________ Newsletter Subscription: ________________________________ Injured Worker/Unemployed $ 5.00 _______ Postal Code ________________________________ Individuals $Phone: 10.00 _______ Fax ________________________________ Organizations $ 15.00 _______ Donations $ _______ $ _______ E-Mail ________________________________ Total Web Site ________________________________ Thanks for Your SUPPORT Editor’s Note This newsletter is for sharing and exchanging information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or opinions. P.O. Box 3678 Thunder Bay, Ontario. P7B 6E3 Phone: 807-345-3429 Fax: 807-344-8683 1201 Jasper Drive Thunder Bay, Ontario. P7B 6R2 email: ciwa@norlink.net Web-site: www.ciwa.ca Provincial Reps to the Steering Committee AB ... James 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 USWA 2 NF… Austin Haynes, St. John's Newfoundland & Labrador Injured Workers Association NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Pictou County ADVISORS… Andy King, USWA; Orlando Buonastella & Marion Endicott, IWC �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 a call at: 807-345-3429 “ SPREADING THE WORD” Project Update Does your local / injured worker group need help with: - strengthening the skills of its board members? - peer support models? - leadership skill development? - building community partnerships? CIWA/ACVAMT is training facilitators to deliver workshops at "Train the Trainer" sessions. The first session was held in Edmonton, AB in March 1999 with participants from the western provinces & the Yukon. Training sessions are also planned for Moncton, New Brunswick in April, 1999 for the eastern provinces and for Quebec City in May, 1999 (French). Participants of our "Train the Trainer" sessions will soon be available to facilitate workshops near you. Workshops may include a number of topics such as: - The Survivors Forum - Managing Meetings - Roles & Responsibilities of Board Members - Public Speaking - and more ! SPEAKERS BUREAU Returning to Work We now have 53 trained presenters from local injured workers groups all across the country. They are prepared to come out to any local meeting to give a 15 - 30 minute talk on the experiences of injured and disabled workers. A complete list of these presenters is available from the CIWA/ACVAMT office (phone 807-345-3429) The presentation is accompanied by a series of illustrated overheads and slides, a handout on “How you can help”, and a display table of additional information and resource materials. The response so far has been enthusiastic. Presentations have been made to local union meetings, health and safety committee meetings, the WCB’s in Nova Scotia, Saskatchewan & Alberta, WCB committees, the Manitoba Federation of Labour, community meetings and injured workers group meetings, to name a few. This project has been made possible by a partnership between the Canadian Labour Congress and local injured workers groups. Arrange for one of our presenters to deliver a presentation at your next local meeting ! Thanks to the Human Resources Development Canada for supporting this project. Did you get your copy yet? The Survivors manual is a guide for organizing Once the training sessions have been completed, we will send a list of workshop facilitators to all injured worker groups in Canada. If you are interested in participating or for more information, contact your provincial rep or phone the CIWA/ACVAMT office at 807-345-3429 community forums, using a 17-minute video (included with the manual) and the round table discussion technique. CIWA/ACVAMT has used these tools to build support in local communities, to recruit new members to injured workers groups, and to start new groups. Call our office at 807-345-3429 and order yours today ! Price: $30.00 (Corporations and Institutions) $22.50 (Unions and Non-Profits) $15.00 (Injured Workers and Unemployed) 3 �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 a call at: 807-345-3429 TOGETHER WE CAN WIN Our most popular resource tool is a video and workbook to help injured workers deal with a workplace injury or disease and the changes that take place in their lives. The workbook covers such areas as:  Surviving the system  Financial planning  Setting priorities  Going back to your job  Finding a new job  Keeping your head on straight The workbook includes information and exercises that take the injured worker from injury to rehabilitation to return to work. Injured workers can find out how to keep records to help maintain entitlement and rights to Workers Compensation benefits. The video is being shown on Community TV stations, at union meetings, in training sessions at the WCB and at injured workers meetings. ATTENTION INJURED WORKERS Is your Injured Worker Group interested in developing a web site for your group? Need some help? Two injured workers in B.C. have offered to provide that help – free of charge. Contact Craig MacLachlan-componet@smartt.com Or Dann Buss busstop@busstop.net 4 We received this wonderful congratulatory letter and would like to share it with you. I would like to congratulate you on your video “Together We Can Win”. The response and reaction from our members was to say the least, remarkable. Many Injured Workers have now realized that they are not alone in our fight for Justice and Dignity. The video displayed a true real life drama that is taking place across the country. After we showed the video, we spent 3 hours discussing and commenting on the various aspects of the video and the effect it left on our group. I was personally stunned by the reaction and the message that has been implanted in the minds of our own Injured Workers, in addition to the educational value of the video. Please accept my sincere congratulations to C.I.W.A. and to all involved in producing such a dynamic piece of material. John Sweeney, President K.W.C.I.W.G. Inc. KITCHENER - WATERLOO - CAMBRIDGE INJURED WORKERS GROUP 72 LEGER ST., SUITE 1 KITCHENER, ON. N2H 6R4 EMAIL kwciwg@golden.net TEL/FAX 519-570-0781 Copies of the video and workbook are available at the CIWA/ACVAMT office. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Background on the Supreme Court Case The Community Legal Assistance Society has received permission from the Supreme Court of Canada to intervene of behalf of participating B.C. injured workers’ groups and the Ontario Network of Injured Workers Groups (ONWIG) in an appeal by the B.C. Workers’ Compensation Board to the Supreme Court of Canada. The case is Kovach v. Singh. It arises from a malpractice lawsuit, the actual merits of which have never been tried. Ms. Kovach injured her back at work, and underwent surgery by Dr. Singh, who was “employed” by a holding company at the time. He owned the company, which was registered with the W.C.B. as an employer. Mrs. Kovach felt that the doctor was negligent. When she filed suit in 1989, Dr. Singh asked the Board to rule under s. 10 and s. 11 of the Act that both he and Ms. Kovach were “workers” at the time, and she was therefore prohibited from suing him. The Appeal Division agreed with Dr. Singh, and the Supreme Court of B.C. upheld its decision. The B.C. Court of Appeal has twice ruled in favour of Mrs. Kovach’s right to sue. The Court’s reasons, however, threaten the right of workers to be compensated for the consequences of negligent medical treatment (even if they haven’t sued and don’t want to do so). The Purpose of Intervening As explained below, none of the existing parties are speaking for the rights and interests of injured workers who don’t want to go to court. The Supreme Court of Canada often permits nonparties to an appeal to intervene and make written and oral arguments to ensure that it hears all relevant perspectives on the issues before it. Several B.C. injured workers’ groups and ONIWG will join together in the intervention, which also has implications for workers in other provinces. Other provincial injured workers groups are considering joining the intervention. As presently planned, the goals of the intervention will be twofold: (1) to persuade the Supreme Court to affirm the right to full benefits even if negligent treatment has caused the worker to suffer an additional disability; and (2) to establish the right of workers such as Mrs. Kovach to sue for malpractice if they choose, and to keep most of the proceeds if they are successful. None of the current parties to the appeal - Mrs. Kovach, Dr. Singh, the W.C.B., and the Health Employers’ Association (which intervened before the Court of Appeal) - are arguing for such a result. Ms. Kovach will probably pursue the argument that was successful in the Court of Appeal, which is that a negligent operation must be regarded as a “second injury” occurring off the job. While this leaves the worker free to sue the doctor, hospital, and other responsible parties, it also suggests that the harm done by the second injury is noncompensable. The intervention will agree with much of Ms. Kovach’s arguments, but will urge the court to confirm that the WCB must pay full compensation in all such cases (part of which the WCB can recover if the court awards damages for the same losses). The WCB will defend its broad jurisdiction to decide the status of the worker and doctor in such circumstances. It will argue that its decision denying Mrs. Kovach’s right to sue was not “patently unreasonable” (the legal test which must be met before a court can overrule a W.C.B. decision). Dr. Singh (and the Health Employers) will argue that the WCB was right, and that workers should not be able to sue for malpractice. 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance What the Courts Decided The Judge of the Supreme Court of British Columbia who first heard the case, Justice Huddart., reluctantly upheld the Board’s decision barring the lawsuit in March, 1995, stating in her Reasons that: “To Mrs. Kovach and undoubtedly to many residents of this province, the combined effect of section 10(1) and the Board’s determination under section 11 will seem clearly wrong. They ask why a surgeon or other professional person should be protected by legislation clearly designed to ensure compensation in the workplace for injuries suffered in accidents or as the result of the negligence of an employer or co-worker? Why employers should pay for such negligence rather than the professional person who can insure himself from the substantial fees he is paid for his services?” “If an unpalatable result flows from the Board’s reasoned interpretation of its governing legislation and the facts of a case, that is a matter for the legislature. It seems clear that the court’s task on judicial review of a determination is not to look at its ultimate consequences and arrive at a policy decision that the Board is a spider-like creature that has pulled into its web one unwilling victim too many. Or read the other way, given succor to an undeserving bug. The court’s task is simply to enquire whether a rational basis exists for the decision. The emphasis should not be so much on what result the tribunal has arrived at, but on how the tribunal arrived at the result.” The Court of Appeal overturned this decision in December 1996, primarily on the basis that the W.C.B. has no jurisdiction (legal authority) to decide a case where an issue of medical negligence has been raised. This left even workers who had not sued at all in limbo if there was an allegation of malpractice, as the Court seemed to be saying that all the Board should do in such cases was to await a court’s ruling on the causes of the worker’s condition. The Supreme Court of Canada was about to hear an appeal from the Pasiechnyk decision of the Saskatchewan courts, which the B.C. Court of 6 Appeal had followed. The Pasiechnyk case concerned a claim by the dependants of several workers killed in a crane accident that the employer, the Saskatchewan government, negligently failed to inspect the crane properly. The Supreme Court upheld the power of workers’ compensation boards to decide such issues. After deciding the Pasiechnyk case, the Supreme Court sent Kovach back to the B.C. Court of Appeal for reconsideration. The appeal was again heard by the same three justices of the Court of Appeal, and two of them still refused to agree that an “undeserving bug” (a doctor whose treatment of an injured worker has been negligent) should be shielded from a lawsuit by the Act. The majority found that the decision of the W.C.B.’s Appeal Division was “patently unreasonable” because it failed to distinguish between Mrs. Kovach’s status as a worker when she originally hurt her back, and her status as a patient when she underwent surgery. Establishing the Right to Sue The main argument in the intervention will be that the W.C.B. decides two very different questions in cases like this, and acts illegally if it fails to examine each issue according to the standards contained in the Act. The first question is whether workers should receive compensation for the adverse consequences of medical treatment, whether it is negligent or simply unfortunate. It will be argued that they should, on the basis of the Board’s current policy that a condition caused by medical treatment is a compensable consequence of the work injury that led to the treatment. The second question is whether the worker should be prevented from suing a negligent doctor for malpractice, if the doctor happens to be a worker or employer covered by the Board. It will be argued that an injured worker is not acting in the course of employment when undergoing an operation or other treatment. Accordingly, the worker is free to decide whether to sue or not. If a suit were successful, the Board would be entitled to recover those benefits which duplicate the damages awarded by the court. The worker could keep the damages awarded for losses for which �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance the Board doesn’t compensate, such as pain and suffering. Participation and Feedback Requested Organized groups of injured workers which want to participate in the intervention should contact Jim Sayre at the Community Legal Assistance Society (604) 685 3425, or Craig McLachlan at 990 9009 for details about the process and an outline of the information needed for the Court. The Community Legal Assistance Society will also try to answer any questions or concerns of injured workers about the position described above. Given the short time available, comments should be put in writing and sent to the Society by fax to: (604) 685 7611 by mail to: #800, 1281 West Georgia St., Vancouver, B.C. V6E 3J7 by email to: clas@vancouver.net. KOVACH v. SINGH…at the Supreme Court The Kovach appeal arises from a malpractice lawsuit, the merits of which have never been tried. Ms. Kovach injured her back at work, and underwent surgery by Dr. Singh. He was “employed” by a holding company that he also owned, and which was registered with WCB as an employer. Mrs. Kovach felt that the surgery was negligent, and sued in 1989. Dr. Singh asked the Board to bar the suit under s. 10 of the Act, on the basis that both he and Ms. Kovach were “workers” at the time. The central legal issue is the jurisdiction of the Board and/or Court in such circumstances. The reasoning of the B.C. Court of Appeal, however, threatens the right of a worker to be compensated for the consequences of negligent treatment even if he or she hasn’t sued or threatened to sue. Ideally, an intervention would help persuade the Supreme Court to remove that threat and assure the worker’s right to full benefits even if negligent treatment has caused additional disability. Workers should also be given the option of suing for damages if they choose to do so. L’appel de Kovach découle d’une action en négligence professionnelle, dont les mérites n’ont jamais été mis à l’essai. Mme Kovach s’est blessée au dos au travail et a subi une intervention chirurgicale aux mains du Dr Singh. Celuici était « employé » par un holding dont il était propriétaire et qui était inscrit auprès du WCB comme employeur. Mme Kovach estimait que la chirurgie avait été exécutée avec négligence et elle a entamé une action en 1989. Le Dr Singh a demandé au WCB de faire obstacle à la poursuite en vertu de l’article 10 de la loi, en invoquant que lui et Mme Kovach étaient des « travailleurs » à l’époque. Le nœud du problème juridique est la juridiction du WCB et/ou de la Cour en pareilles circonstances. Le raisonnement de la Cour d’appel de la Colombie-Britannique menace par contre le droit d’un travailleur ou d’une travailleuse d’être indemnisé(e) pour les conséquences d’un traitement négligent, même si cette personne a ou n’a pas entamé une action ou menacé d’en entamer une. Idéalement, une intervention aiderait à persuader la Cour Suprême de retirer cette menace et à assurer le droit du travailleur ou de la travailleuse aux prestations complètes même si un traitement négligent a causé une incapacité supplémentaire, tout en accordant à ces personnes l’option de poursuivre en justice pour des dommages si cela est leur choix. Le jugement de la Cour d’appel déclare que la décision du WCB était « manifestement déraisonnable » en ne distinguant pas entre le statut de Mme Kovach comme travailleuse 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance The Court of Appeal’s decision says that the decision of WCB was “patently unreasonable” in failing to distinguish between Mrs. Kovach’s status as a worker when she originally hurt her back, and her status as a patient when she underwent surgery. The reasons for the decision are confusing, but appear to mean that the Board cannot pay compensation for the portion of a worker’s disability resulting from negligent medical treatment. That, at least, is the understanding of the dissenting justice, Donald J.A., who wrote: “The Board was not bound to apply common law principles of causation ... What works for a tort based system may be unsuitable for a no fault scheme... The Board may decide that in order to encourage workers to undergo treatment for their industrial injuries, it must cover mistakes made during treatment. It may decide that it is unfair to deny coverage in such circumstances or inconsistent with a broadly inclusive policy of worker protection.” For example, assume that the WCB ruled that the chain of causation was broken by medical negligence and a court later found that all or most of the worker’s problems were caused by the industrial injury. Neither the Board nor the court is bound by the findings of the other. The worker falls between two systems. One of the earliest published policy decisions of the B.C. WCB found that the consequences of medical treatment should be treated as compensable, however the treatment turned out, so long as the worker was reasonable in undergoing the treatment. The latest Court of Appeal decision has the potential to overturn that very reasonable policy, and cause the worker either to forego compensation for the negligent treatment, or incur the expenses and risks of court proceedings which still could leave him 8 lorsqu’elle s’est blessée au dos et son statut de patiente lorsqu’elle fut opérée. Les motifs de la décision sont confus, mais ils semblent indiquer que le WCB ne peut pas verser une indemnité pour la portion d’une incapacité d’un travailleur ou d’une travailleuse qui résulte de négligence dans un traitement médical. C’est du moins la compréhension du juge dissident Donald de la Cour d’appel, qui a écrit : « Le conseil (WCB) n’était pas lié d’appliquer des principes de causalité de la common law… Ce qui marche pour un système fondé sur la responsabilité civile délictuelle ou quasi-délictuelle peut ne pas convenir pour un système d’indemnisation sans égard à la responsabilité. Le conseil peut décider que pour encourager les travailleurs et travailleuses à subir un traitement pour leurs lésions professionnelles, il doit couvrir les erreurs commises pendant le traitement. Il peut décider qu’il est injuste de refuser cette couverture en pareilles circonstances ou que cela est incohérent avec une politique de protection des travailleurs et travailleuses à grande échelle. ». . . . . . . Par exemple, supposons que le WCB a déterminé que la chaîne causale a été rompue par la négligence médicale et qu’un tribunal a déterminé plus tard que tous les problèmes du travailleur ou de la travailleuse, ou une partie de ces problèmes, ont été causés par la lésion professionnelle. Ni le WCB ni le tribunal ne sont liés par les conclusions de l’autre. Le travailleur ou la travailleuse tombe entre deux systèmes. Une des premières décisions publiées du WCB de la Colombie-Britannique au sujet des politiques d’indemnisation était à l’effet que les conséquences d’un traitement médical devaient être traitées comme indemnisables — peu importe le résultat du traitement — aussi longtemps que le travailleur ou la travailleuse était raisonnable en subissant le traitement. Le dernier jugement de la Cour d’appel a le potentiel de renverser cette même politique raisonnable et d’obliger le travailleur ou la travailleuse à renoncer à l’indemnisation pour le traitement négligent ou à encourir les dépenses et les risques des procédures judiciaires, ce qui pourrait encore laisser cette personne coincée « entre deux systèmes », comme le laisse entendre le juge Donald. Bien que la principale raison d’intervenir soit de défendre le droit des travailleurs et travailleuses aux prestations pour les conséquences d’un traitement, l’appel offre aussi l’occasion �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance trapped “between the two systems”, as Donald J.A. suggests. While the main reason to intervene is to defend workers’ rights to benefits for the consequences of treatment, the appeal also offers an opportunity to gain a right of choice for workers which they did not have under the previous jurisprudence and policy. Injured workers’ groups in B.C. generally want much greater access to the courts than the Act now allows. It certainly isn’t in workers’ interests to be denied compensation for the results of medical negligence, forcing them to sue privately in every such case. But it seems to us that workers such as Ms. Kovach should have that option if they want to exercise it. The bar to lawsuits seems especially unwarranted in cases where the injury is caused by a “stranger” who simply happens to be an employer or worker [but not the worker’s own employer or co-worker]. The injuries would otherwise be insured by motor vehicle insurance or the doctors’ liability fund, which would pay general damages and compensate for the full loss of earnings of the worker, including earnings above the maximum level insured by WCB. d’obtenir un droit de choix pour ces personnes, ce qu’elles n’avaient pas avec la jurisprudence et la politique antérieures. Les groupes de victimes d’accidents et de maladies du travail en Colombie-Britannique désirent en général un plus grand accès aux tribunaux que ne leur permet la loi en ce moment. Même si ce n’est certes pas dans l’intérêt des travailleurs et travailleuses en général de se voir refuser l’indemnisation pour les conséquences de la négligence médicale — ce qui les oblige à poursuivre en justice sur une base privée dans chacun des cas —, il nous appert que les travailleurs et travailleuses comme Mme Kovach devraient avoir cette option s’ils veulent l’exercer. L’obstacle aux poursuites judiciaires nous paraît particulièrement injustifié dans les cas où la lésion est causée par un « étranger ou une étrangère » qui se trouve être un employeur ou un travailleur ou une travailleuse (mais non pas le propre employeur ou le ou la collègue du travailleur ou de la travailleuse), et dans les cas où les lésions seraient autrement assurées par l’assurance automobile ou le fonds de protection des médecins, ce qui paierait les dommages généraux et indemniserait la perte complète de revenu du travailleur ou de la travailleuse, y compris le revenu au-dessus du niveau maximal assuré par le WCB. Basic Questions and Answers Regarding the Intervention in Kovach v. Singh 1. Q . Bill 63, enacted in 1994, made medical offices (as well as legal and financial institutions and other "white collar" job sites) subject to the W.C. Act for the first time. Mrs. Kovach is suing for an operation that took place before that amendment. Would the intervention only benefit claimants such as her, or could it also apply to workers whose negligent treatment happened since 1994? A. The 1994 amendments are only relevant indirectly. Bill 63 made it mandatory for certain types of workplaces to be covered by workers' compensation, including doctor's offices. This means that most doctors are now "employers" under the Act, but even before Bill 63 a doctor could take out "personal optional protection" for his own earnings like other "independent contractors". In a decision by the Appeal Division, made a few months before the Kovach certificate, the panel (Tom Kemsley, who was also part of the panel in Kovach) decided that a doctor who was sued for malpractice was NOT protected by S. 10, even though he was an employer of his private office staff. The main reasons were (1) he treated the worker in the hospital, not his office, and his staff had nothing to do with the treatment, and (2) he did not take out 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance personal optional protection to cover his own work (and earnings). 2. Q. In the next such decision, the appeal division (Connie Munro, Tom Kemsley, and Micheal O'Brien, now chair of the review board) found that a doctor employed by WCB itself was shielded from a lawsuit by S. 10 because he was a worker acting in the course of his employment. Then, in Kovach, the same panel of the appeal division found that Dr. Singh was shielded by the act because he had incorporated a holding company to carry on his practice and was "employed" by it when he operated on Mrs. Kovach. The approach in these three decisions makes a worker's right to sue depend on how a doctor is paid or structures his practice, and whether his own 3. earnings are covered by WCB or not. In my view, it makes no sense to deprive a worker of the right to seek damages for negligence because of factors such as this which have nothing to do with the worker. We will be approaching the issue from the worker's perspective, not the doctor's. I.e., we will argue that it doesn't matter whether the doctor is an employer or worker under the Act or not, because the worker is not "in the course of employment" when undergoing treatment. The worker should still receive full compensation if the treatment goes wrong, whether he can prove negligence or not, but can also sue the doctor WITHOUT THE BOARD'S PERMISSION OR THE NEED TO MAKE AN "ELECTION". According to this rationale, the only effect of a lawsuit on the compensation claim is that the Board would have an equitable claim to be reimbursed for any wage-loss benefits it has paid that are duplicated by damages awarded by the Court. If the Supreme Court of Canada upholds the 4. Board's right to assume that a worker is in the course of employment whenever he is receiving treatment, as the Appeal Division decided in all three of the recent decisions, such a result is impossible, and the right to sue will depend on the doctor's status. 10 Will the statute of limitation regarding filing of a lawsuit apply to malpractice claims by workers, if the intervention is successful? A. Yes, the usual rules would still apply, as they do now. A worker would have to sue within two years of having the information that would lead a reasonable person to seek professional advice about a possible malpractice claim. [The two year period is suspended if a worker is so disabled that he cannot exercise his rights, but this means much more than just being unable to work. A severe mental disability (or a very severe physical disability, such as a coma) is needed to suspend a limitation period.] Q. Some claimants believe that they have been caused further injury due to negligence by a WCB Doctor, physiotherapist, or other Board employee while undergoing treatment at the Board. If successful, would the intervention enable such Board employees to be sued as well? A. Yes and no. If the WORKER is not 'in the course of employment' when receiving the negligent treatment, the employer and status of the doctor and other defendants shouldn't matter. There is another problem, though. The 1994 amendment also added "employee of the board" to the list of people in S. 96(1) who cannot be sued "in respect of act, omission, or decision done or made in the belief that is was within the jurisdiction of the board..."A Board doctor, physiotherapist, etc. who injures a worker during treatment at the Rehab Centre, for example, may well be protected by that clause, entirely apart from S. 10 and S. 11. (When this clause was added in 1994, a few of us complained about it, but couldn't arouse much interest.) Q. Would the intervention have any bearing on a worker's right to sue other professionals and service providers (and/or the licensing and regulatory bodies that control them), or would it be limited to medical malpractice claims? �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance A. S. 10(1) doesn't apply just to malpractice claims. It bars all actions "in respect of any personal injury, disablement or death arising out of and in the course of employment..."if the defendant is an employer or worker under the Act and was also acting in the course of employment. Under current Board policy, an injury occurring during treatment that is not caused by malpractice (for example, a worker falling down a poorly lit flight of stairs at a hospital) would also be treated as having happened "in the course of employment". Even some motor vehicle accidents related to treatment can be covered. If so, and if the responsible party is also a worker or employer, the worker cannot sue. The intervention could change this, and give workers in those situations the right to sue and to receive ongoing compensation under their original claims for their new injuries. In the case of non-medical professions, S. 10(1) would only affect a lawsuit if a worker claims to have suffered "disablement" as well as economic losses due to the negligence. In such cases, the intervention position would also protect workers' rights. If the claim is for lost benefits or other financial losses (e.g., against a negligent lawyer, accountant, etc.), the case should be unaffected by S. 10 no matter how the Kovach appeal turns out. It would take a rare fact pattern to give rise to a lawsuit against a licensing or regulatory body, As noted, S. 10 only bars a claim for injury, disablement, or death, not economic loss. Hypothetically, if the College was aware that a non-doctor was purporting to practice medicine, or was engaging in dangerous experimentation (such as one B.C. doctor who was found negligent by the courts for inserting experimental artificial discs in his patient's backs), and the College neglected to do anything to stop him, a worker who was harmed in a later operation might claim that the College was also at fault for its failure to take action. In such (rare) circumstances, the intervention could protect the right to sue. 5. Q. A doctor who is sued will have powerful legal interests to defend him, while the patient probably will not. Are there legal aid or other organizations to represent injured workers and other patients in such cases? Would WCB provide representation? A. WCB would not be subrogated to the worker's rights, as it would if the worker had been injured in the course of employment by someone other than an employer or worker and then elected to claim compensation instead of suing. The Board could be empowered (perhaps requiring an amendment to the Act) to provide representation at the worker's option, since the Board would also benefit by recovering part of the compensation if the lawsuit were successful. The Legal Services Society (and CLAS) do not take on personal injury lawsuits (malpractice or otherwise). Many private lawyers do take motor vehicle injury cases on a percentage fee basis. Far fewer lawyers will sue a doctor on a percentage basis because the doctors' liability insurance fund has a policy to fight all claims, usually to a full trial, and sometimes appeals. Because it is so hard to sue doctors successfully, Canadian doctors pay a small fraction of what liability insurance costs US doctors. Still, there are lawyers who will take a malpractice claim on such a basis if there is strong evidence, and LSS may cover some of the expenses of the lawsuit if the worker is financially eligible. Finding a lawyer willing to act and making a fair arrangement for legal fees is one of the biggest hurdles facing anyone who wants to sue a doctor. It's no different for injured workers. 6. Q. Isn't there a risk that the intervention would give WCB an excuse to deny or reduce the workers' compensation benefits a worker receives, by claiming that the doctor is responsible for much of the disability? 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance A. It is exactly this factor that makes an intervention so important. As of now, the decision of the Court of Appeal (according to the dissenting judge, anyway) leaves an injured worker who has received negligent treatment at risk of "falling between the cracks". I.e., the Board may decide it's all the doctor's fault, while the Courts don't find any negligence. Because the Board is an independent decisionmaker whose decisions are protected by the privative clause in S. 96, it usually cannot be forced to accept the Court's decision about the causes of the disability, nor does the Court have to agree with the Board. If workers had to choose between the right to sue a negligent doctor and the right to full compensation, they would have to pick compensation to avoid this risk. Otherwise, a worker who doesn't want to sue or can't find a lawyer would simply be left in the cold. But workers shouldn't have to make that choice. Instead, they should receive full compensation because treatment for a work injury does arise out of employment (i.e., it's caused by the original work injury) even though it doesn't occur in the course of employment. If that analysis is accepted by the Supreme Court, the worker would still receive compensation for the overall disability, while also having the right to sue. 7. Q. If the intervention is unsuccessful, is there anything that can be done? A. Absolutely. There are amendments proposed to the W.C. Act. Workers could press for a provision which deals expressly with injuries suffered in the course of treatment, and guarantees both the right to sue and the right to full compensation. WHAT CAN WE DO? It was the consensus of CIWA's Steering Committee that if this case ruled against Mrs. Kovach, the injured worker, the impact will have a far reaching effect to all injured workers, and their families, in Canada. We trust that all concerned will consider this issue to be of great importance. We therefore ask for your support. Consider that, if this case were ruled in favour of WCB and Dr. Singh, your name could appear on a similar document in the very near future. 1. Make this a provincial issue of any organization you belong to or have contact with; and or 2. Send a letter of support to Jim Sayre; counsel for injured workers, and or 3. Ask for intervener status. 12 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Views from the Provinces on …. The Right to Sue the Treating Physician for Malpractice SASKATCHEWAN In the Province of Saskatchewan the Workers Compensation Board will bar an injured worker from taking legal action against a treating physician in the case of mal-practice or negligence. Our act states that an injured worker cannot sue an employer. WCB interpretation of this is, as the doctor is treating the workers injury, he is the employer of said injured worker in his WCB case. WCB is saying the injured worker is still in the course of his employment even when he/she is laying on the operating table. The Western Injured Workers Society (Sask) fully supports the Kovach case of British Columbia in regards to going to the Supreme Court of Canada. We also give 100% support to the Lindsay case of Saskatchewan, which has now been accepted leave in the Supreme Court of Canada. The Lindsay case and the Kovach case are identical, however there lies a confusion in the law as British Columbia's Court System was in favor of the injured worker and the Saskatchewans Court System was in favor of WCB. These two cases are of the outmost importance to all injured workers, workers, unions, to all Provincial Labor groups and the CLC of Canada. The Western Injured Worker Society (Sask) are asking for letters of support from all injured workers groups across the country, these letters may be sent to CIWA so they can be forwarded to the lawyers handling each case. We know that WCBs across Canada have asked for intervenor status on the Kovach case and will likely ask the same for the Lindsay case. We must support injured workers to protect their rights. The Western Injured Workers Society (Sask) will request intervenor status. The Western Injured Workers Society (Sask) are in the process of sending out letters asking for the support of all injured workers groups, unions and the SFL in Saskatchewan. For more information or letters of support contact us at Western Injured Workers Society (Sask), 1015 McCarthy Blvd., Regina, Saskatchewan, S4T 7M7. E-mail xeastman@dlcwest.com or call 1-(306)-775-0513. All letters will be forwarded to the appropriate persons. ONTARIO In Ontario you can sue a treating physician for negligence, even though the injured worker is collecting WCB benefits. There are provisions in Ontario, either Section 9 or 10 of the Act, that deal with this issue. You cannot sue any Schedule One (1) employer, and hospitals are Schedule One, but you can sue a doctor if they are negligent. The Ontario Network of Injured Workers Groups has put in for and been granted intervenor status in the Kovach v Singh case. Any negative ruling by the courts in B.C. in this case could mean that medical providers, covered under the Provincial Act, would not be held accountable for any negligence on their part. Injured workers receiving medical treatment would have the right to sue for negligence abolished. NEWFOUNDLAND In the province of Newfoundland and Labrador there are conflicting reports on whether or not an injured worker can sue the treating physician if further 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance injury arises during the course of treating the original injury. If the treating physician is considered an employee of the hospital or clinic, there is no right of action. If the treating physician has personal coverage under the Workers Compensation system, there is no right of action. On the other hand if the treating physician doesn't fall under any of the above mentioned categories, there is a right to sue, providing action is taken within two years. The Workers Compensation Act for this province is silent on this issue, however the new injury would be considered compensable, and benefits would flow from the second injury fund. The second injury fund allows payment of benefits without increasing the assessment rate of the injury employer. At this moment there is a Supreme Court of Canada case (Kovach vs. Singh, and the W.C.B. of British Columbia ) dealing with the right to sue the treating physician. This case is of national importance to all injured workers. If the S.C.C. rules in favor of Singh and the W.C.B., it may have a major impact on how all Workers Compensation Boards in Canada re-write their policies on the right to sue. As an association dedicated to seeking the rights and entitlements under the Workers Compensation Act for injured workers in this province, we will be offering our support to Mrs. Kovach by way of writing a letter to her legal counsel. At present it is our understanding that some six Workers Compensation Boards in Canada have applied and have been granted intervenor status in this case, with possibility of more to follow. After checking with the Workers Compensation Commission of Newfoundland and Labrador we are told that they are aware of this case, but they have no plans of asking for intervenor status. Dear Andy Dear Andy, We have been getting an injured workers group started in our community and some of the people have different opinions about how to structure our group. Some people want to do peer support and others want to represent injured workers at the WCB. With your years of experience, what would you recommend? that I wish to give is that you will find your group continually evolving and what seems good for now may need to be changed in the future. Dear Bob, The programs that can be developed or modified for your group can be many. One of the best things that you can do is start at the beginning and look for models that fit your needs. You may want to talk to other injured worker groups in New Brunswick. CIWA has training programs for member groups. The ThunderBay & District Injured Workers Support Group have developed training programs for injured workers, including Peer Support, and Making Legislation Work for You. As I indicated in my previous reply to yourself, there are different approaches that groups take in organizing. They range from a tight structural arrangement to a loose support mechanism. I hope that you will find success, and by working with injured workers you will find that you are not alone. Take Care Bob in New Brunswick It may be of some benefit to yourself and fellow injured workers if your group determines how it wishes to structure itself, whether it wishes to become incorporated, now, or in the future. These decisions will help your organization’s future growth. One of the pieces of advice 14 Andy �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance ORGANIZING ON THE NET Want to get involved ? Check out these sites: http://www.injuredworkers.org www.wcb.pei.ca http://www.mediaring.com/zdnet/pcmag/front.html www.prairielaw.com www.oniwg.on.ca www.tbiw.on.ca www.smartt.com/~componet www.socialjustice.org www.fedupfeds.org Once upon a time, in a province called Ontario, the people lived high on the hog. When someone got hurt working, or fell ill, or was left alone to raise children, then the well-off folks shared the wealth, and helped them out. Well, the rich didn't share a whole lot, but it seemed to work out, more or less. And the guys in charge, they always wanted to know what the people were thinking. Especially when it came time to choose new leaders. To connect with the injured workers group nearest you check out our web site at: www.ciwa.ca and click on people and organizations OR Call the office at (807) 345-3429. want to know what the people were thinking any more. They wanted to shut them up, which was pretty easy to do. Down and out people are a pushover. If you don't want to see them, they become invisible. If you don't want to hear them they mumble. This was very convenient for the leaders. The Vision You see, the guys in charge collected money from all the people. Well, not all the people. Some of the people didn't have any money to give. And some of the people who had a lot of money didn't want to give it away, and hid it. And then the guys in charge spent the money - right left and centre. They even spend money they didn't have. They ended up in hock up to their necks. It was decided by the leaders that the way to stop spending money, was to stop helping people who were ill or hurt or alone. The leaders also told the people they would collect less money from them. This was only common sense. Times were tough; there wasn't as much to go around; everyone had to tighten their belts. But then people began to worry. Who would give them a helping hand, if they were ever caught in a jam? But they were even more scared they would lose their jobs. The people who were hurt or poor or hungry or alone; they were angry too. But the guys in charge didn't Now the odd person might get desperate and start screaming, but this just turned people off. Who needed to hear that when you didn't know where the next payment on your snow blower/cellphone/…, was coming from? Boy, some people ….*!^. Ontario became a people-eat-dog province. Most people stuck to themselves and tried to shore up their own fort. The refused to sally forth with the same bonhomie. They didn't even enjoy the big musicals in the theatres any more. The whole province caught year round cabin fever. Sigh. And then along came a lively group of warm-hearted survivors who shared their stories. In the telling, they became stronger … and hopeful. They found help to make their stories more compelling, more riveting, and more fascinating. People were drawn to listen to them … and saw themselves. Even the guys in charge found something familiar about these stories … rough laugh … a mother's tear … We would like to help this group of survivors tell their stories. 15 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Supporters (USWA) United Steelworkers of America National Director, Lawrence McBrearty and the National Health & Safety Committee for your continuing support and recent donation of $5,000. (CLC) Canadian Labour Congress Dick Martin & the Health & Safety Committee for their help in building links between injured workers and labour groups across the country. (CAW) National Automobile, Aerospace, Transportation and General Workers Union o f Canada President, Buzz Hargrove for forging strong working relationships with injured workers groups and the purchase of 300 copies of "TOGETHER WE CAN WIN" HRDC Canada for their commitment to Disability rights and for the financial support that allows us to move forward. CIWA/ACVAMT Steering Committee that contributes their time and energy to ensure our work supports local injured workers groups. City of Thunder Bay Printers for their timely and cost efficient printing of our newsletters, and more. The many legal clinics, community and union organizations which have supported our cause over these past years. These include Federations of Labour, National & International Unions, local labour councils and many local unions. The list would just be too long. Norlink Communications for connecting us up to the world. From the bottom of our hearts, Thank You ! Send your email to ciwa@norlink.net. Your ideas & input are always welcome 16 This Newsletter was printed by members of: CUPE 87 � 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 1999 Description An account of the resource Articles about "Spreading the Word" Project; Speakers Bureau presenters; workbook for injured workers; Injured Workers Groups intervening for injured workers in the Supreme Court; Kovach v. Singh at the Supreme Court; a view from the Provinces on the right to sue the treating physician for malpractice; organizing on the internet. 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 1999 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/13a0e106a3edd44cadaf3e4a51aa8900.pdf 5e3e8f6f6c9c32b2f3086670ac23d6ae PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Focus on Canada Pension Plan We are pleased to bring you our Spring 2000 Newsletter. There has been a lot happening across the country (and around the world) and we hope to give you the Highlights. The special focus of this issue is on Canada Pension Plan - Disability (CPP-D) benefits and how they fit with WCB benefits. A number of the provincial and local injured workers organizations have CPP-D as a priority issue and are working with their partner organizations to address this issue. As well, we have facts on disability, tips on running a good meeting and letters to the editor. Last but not least is a wonderful poem by an injured worker describing his feelings at one of our past conferences. We hope the information in this newsletter proves useful to you. Please read on. Our next issue of Highlights will feature Repetitive Strain Injury (RSI) with a focus on women's working conditions. We love to hear from you. Please send us your experiences with RSI for the next newsletter. Visit our Web-site at http://www.ciwa.ca Table of Contents CIWA/ACVAMT contacts ....................... 2 News & Happenings ............................ 3 Funding Internet Access ....................... 4 Projects & Activities .......................... 5, 6 Integration of CPP-D and WCB .............. 7 Provincial Comparisons .................... 8, 9 Provinciaux Comparaisons (Fr) ...... 10, 11 Conference in Nfld.............................. 12 Letter to the Editor ............................ 13 Tips on Running a Good Meeting ......... 14 Poem................................................. 15 CIWA Info........................................... 16 Page 1 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PLEASE HELP ………… S U B S C R I B E ! Name: ________________________________ Organization: ________________________________ Address: Date: ________________________________ Newsletter Subscription: ________________________________ ________________________________ Postal Code ________________________________ Phone ________________________________ Fax ________________________________ E-Mail ________________________________ Web Site ________________________________ Injured Worker/Unemployed $ 5.00 __________ Individuals $ 10.00 __________ Organizations $ 15.00 __________ Donations $ __________ Total $ __________ THANKS for Your SUPPORT` Editor’s Note This newsletter is for sharing and exchanging information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or opinions. PROVINCIAL REPS TO THE STEERING COMMITTEE BC … Craig McLachlan, North Vancouver COMPONET AB ... James Burke, Calgary Alberta Network of Injured Workers SK ... Robert Lindsay, Regina Western Injured Workers Society. ON... Joan Crevar, Hamilton Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l’ATTAQ NF... Patricia Dodd, Mount Pearl NLIWA Phil Brake, Labrador City USWA NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Pictou County ADVISORS… Andy King, Occupational Health Clinic for Ontario Workers Orlando Buonastella & Marion Endicott, Injured Workers Consultants L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL MAILING ADDRESS: CANADIAN INJURED WORKERS ALLIANCE STREET ADDRESS P.O. Box 3678 1201 Jasper Drive Thunder Bay, Ontario. P7B 6E3 Thunder Bay, Ontario. P7B 6R2 Phone: 807-345-3429 email: ciwa@norlink.net Fax: 807-344-8683 Web-site: www.ciwa.ca Page 2 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance 1-877-787-7010 News & Happenings Thanks to the Social Development Partnership Program of HRDC for the funding necessary to produce this newsletter. We sure appreciate your help !!! Upcoming Events APRIL 28, 2000. NATIONAL DAY OF MOURNING Check with your local Injured Worker Group and join in the events. May 19 - 21, 2000 International Injured Workers Conference, Niagara Falls, NY Contact: IwonyMary@aol.com November 17 - 19, 2000. "Disability & Human Rights" Conference hosted by the CLC The Queen Elizabeth Hotel, Montreal, Quebec WORKERS WIN ONE Florida Supreme Court puts dent in workers' comp shield employers have had since 1987. Excerpt from the Miami Daily Business Review March 17, 2000 Almost 15 years ago, the late Florida Supreme Court Justice James C. Adkins warned the states workers' compensation laws were being applied so unfairly that employers enjoyed "a license to maim and kill." This month, a new Supreme Court moved to revoke that license by allowing the widow of a Gainesville area chemical worker to take his tort lawsuit to a jury. The March 2 opinion reversed a 1st District Court of Appeal decision and receded from decades of previous ruling by Florida judges. "It is a very important decision," Miami lawyer Ramon Malca said. "It opens up the opportunity for plaintiffs to go forward in similar cases in greater numbers." Editor’s note: We are seeing more and more injured workers and family members pursuing a remedy in the courts. It may be time our legislators take note and restore some Justice to Injured Workers. NEWS FROM AUSTRALIA Workers' Compensation VIC: The Labour Government has proposed a new crime of Industrial Manslaughter, with fines for corporations of up to $5 million as well as jail terms for Directors and Senior Executives of up to 5 years. Courts will also be able to order Corporations undertake community service projects as part of the sentencing disposition. 3 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance INDUSTRY MINISTER INVITES URBAN LE MINISTRE DE L'INDUSTRIE INVITE LES COMMUNITIES TO SUBMIT PROPOSALS FOR PUBLIC INTERNET ACCESS SITE FUNDING COLLECTIVITÉS URBAINES À PRÉSENTER DE DEMANDES DE FINANCEMENT DE CENTRES PUBLICS D'ACCÈSS À INTERNET John Manley, Minister of Industry, invites urban and rural communities across Canada interested in establishing public Internet access sites to submit proposals to the Community Access Program (CAP) on or before Wednesday, May 31, 2000. Canadian organizations - such as educational institutions, public libraries, community organizations, and municipal and territorial governments - are encouraged to submit proposals. CAP offers matching funds of up to $17,000 per site to successful applicants. The community funds can include cash as estimates of the value of ""in kind" contributions such as facilities, equipment and staffing of their public access sites. For more information, please contact: Community Access Program Industry Canada 1-800-268-6608 E-mail: comaccess@ic.gc.ca Web Site: http://cap.ic.gc.ca M. John Manley, ministre de l'Industrie du Canada, a invité aujourd'hui les collectivités urbaines et rurales du Canada souhaitant établir des centres public d'accès à Internet à présenter des demandes en ce sens au Programme d'accès communautaire (PAC) d'ici le mercredi 31, Mai 2000. Les organismes canadiens, tels que les établissements d'enseignement, les organismes communautaires, les bibliothèques publiques, les administrations municipales et territoriales, sont encouragés à présenter de propositions. Le PAC versera des fonds de contrepartie maximums de 17 000 $ par centre aux groupes dont les demandes seront retenues. La part de la collectivité peut comprendre de l'argent comptant ou des contributions no financières telles que des installations, du matériel et du personnel. Renseignements: Programme d'accès communautaire Industrie Canada 1 800 268 6608 Courriel: comacces@ic.gc.ca Site Web: http://pac.ic.gc.ca CORRECTION In our last issue, an error was discovered in the PROVINCIAL WORKERS' COMPENSATION BENEFITS - PRESENT COMPARISONS (Chart) / PRESTATIONS D'INDEMNISATION DES TRAVAILEUSE ET DES TRAVAILLEURS PROVINCIAUX - COMPARIAISONS ACTUELLES THE BASE RATE / TAUX DE BASE FOR QUEBEC SHOULD READ 90% AND NOT 95%. PLEASE ACCEPT OUR APOLOGIES FOR THIS ERROR. Page 4 The "How To" Guide for setting up Peer Support Groups is now here! "People Helping People" Order yours today. Call Toll Free: 1-877-787-7010 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects INJURED WORKERS COMING TOGETHER IN NEW BRUNSWICK LES VICTIMES DU TRAVAIL S’UNISSENT AU NOUVEAUBRUNSWICK The New Brunswick Federation of Labour gave injured workers in the province of New Brunswick a much-needed boost in March. On March 19, injured workers and family members from the Fredericton area, met to discuss the problems they are having with workers' compensation. After the meeting, they formed a Steering Committee to plan their future. There is a distinct possibility that they will start a new injured workers' group because of this meeting. La Fédération du travail du Nouveau-Brunswick a donné en mars un bon coup de pouce aux victimes d’accidents et de maladies du travail de la province. Le 19 mars, des victimes du travail et des membres de leurs familles de la région de Fredericton se sont rencontrés pour discuter de leurs problèmes touchant l’indemnisation des travailleurs et travailleuses. À la suite de cette rencontre, ces personnes ont mis sur pied un comité d’organisation pour planifier leur avenir. Il est possible que ces gens fondent un nouveau groupe de victimes d’accidents et de maladies du travail à la suite de cette rencontre. For the following two days, March 20 and 21, the Federation of Labour held a seminar on injured worker's issues. Union leaders from around the province gathered to hear presentations on the "Plight of the Injured Worker", "Deeming" and "Where do we go from here?" The seminar is a direct result of the Resolutions passed at the CLC convention held in Toronto last year. It is safe to say that organized labour in the province has a better picture of what it is like to be on compensation. It is not as easy as some workers think! Wednesday, March 22, the Union Centre in Moncton graciously allowed us to use a meeting room. We had a meeting that evening similar to the one we had in Fredericton. This time, twenty-three people were present. Again, they formed a Steering Committee with plans to have a follow-up meeting. The CBC Radio, the local radio stations and newspapers were all interested in our story. We did receive good press coverage. Injured workers are on the move in New Brunswick! We are Coming Together! Editor’s note: Our visit to N.B. was part of our current project, "Coming Together". One project goal is to help start more provincial injured workers organizations. Au cours des deux jours suivants, soit les 20 et 21 mars, la Fédération du travail a tenu un colloque sur les problèmes touchant les victimes du travail. Des dirigeantes et dirigeants syndicaux de toute la province se sont réunis pour entendre des présentations sur le sort des victimes d’accidents et de maladies du travail, sur leur système d’évaluation et sur leur avenir. Ce colloque découle directement des résolutions adoptées au congrès du CTC tenu à Toronto l’année dernière. On peut dire que le mouvement syndical de cette province a une meilleure idée de ce que c’est que d’être prestataire de la CAT. Ce n’est pas aussi facile que certains travailleurs et travailleuses croient. Le mercredi 22 mars, le Union Centre à Moncton nous a autorisés à utiliser gracieusement une salle de réunions. Nous avons organisé ce soir-là une rencontre semblable à celle que nous avions tenue à Fredericton. À cette occasion, 23 personnes y ont participé. Là encore, elles ont mis sur pied un comité d’organisation pour donner suite à cette rencontre. Radio-Canada, les stations de radio locales et les journaux se sont tous montrés intéressés par notre situation. Nous avons reçu une bonne couverture médiatique. Les victimes d’accidents et de maladies du travail passent à l’action au Nouveau-Brunswick. Nous nous unissons! Page 5 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance REPORT FROM THE CLC WINTER SCHOOL On behalf of Ken Kawchuk and myself we thank CIWA for the sponsorship to attend the Canadian Labour Congress (CLC) Winter School Training Classes. The weeklong course was held in Port Elgin, Ontario, from February 13 to 18, 2000. We both were enrolled in the Leadership Training Course. It is not often enough that Injured Workers get sponsorship for anything. We must take advantage of these opportunities. It was great to see my brother Ken once again. We met a couple of years ago at a CIWA Speaker’s Bureau Workshop in Orillia. We didn’t room together this time but we spent a lot of time together outside the classroom. If you are ever in Port Elgin stop by and visit Ralphies - Live Bait Shop, it was a favorite of Ken’s. Ken sure likes that live bait. Anyway, the CLC instructors were great. I always enjoy listening to the instructor’s insight on the issues and topics of the courses. The course content is always good but the instructors sure can add to the classroom setting. There is something about Port Elgin that is conducive to learning. Sure they feed you well, but there is something else. Actually, there are a number of things that inspire you to seek knowledge and share conservation with everyone while you are there. I am much more confident in myself as I gain knowledge and I am better able to pass it on others. I was also very impressed with Ken. Ken is very active with the Thunder Bay Injured Workers Group, in particular with the peer-helping project. We talked a lot about the project and the progress being made in reaching out and assisting our injured brothers and sisters. Ken Kawchuk is an inspiration to all and an example that Injured Workers have a great deal to offer if given a chance. Great work my brother, and keep your head held high and who knows maybe a Ralphies will open up in Thunder Bay. Again thanks to CIWA. Mike Lawson, Windsor Injured Workers Editor’s note: The CLC provided us with scholarships so four injured worker activists could attend a weeklong course at the CLC Winter Schools. Our thanks go out to the CLC and Hassan Yussuff, Exec. Vice-President, for their support. FACTS ABOUT DISABILITY IN CANADA       In 1997, direct payroll costs for disability in Canada - including workers' compensation and short and long-term disability - were $11 billion. In B.C. alone, direct and indirect costs of workers with disabilities being displaced from the workplace total $3.6 billion a year. This translates to about nine cents of every dollar earned, representing an annual cost of about $2,500 per working person in B.C. If left unchecked, it's estimated that direct and indirect costs of disability in Canada could rise to $30.5 billion by the year 2006. Studies reveal that employers pay 35 percent of the total direct and indirect costs of disability, while workers and their families shoulder 27 percent of the total. The financial loss to workers is profound. For example, for a worker who is disabled at age 35, previously earning $50,000 per year and forced to go on social assistance, the loss-of-earnings to Page 6      retirement age is estimated at $799,000. Last year, persons with disabilities represented a 2.3 percent participation rate in Canada's labour force, a further decline from an already low 2.7 percent the year before. In a 1999 study of one of the nation's primary industries, the direct cost of disability to employers in the pulp and paper industry was more than $2,000 per employee. That figure translates directly to the bottom line adding between $4.50 to $7.25 per tonne in disability-related costs to pulp and paper products. Studies show that without intervention, there is only a 50 percent chance of a person with a disability returning to the job after a six-month absence, declining to 20 percent after a year and to just 10 percent after a two-year absence. At any given time, depending on the occupation involved, 8 - 12 percent of the work force in Canada is off the job due to injury and is receiving either worker's compensation, long-term disability or weekly indemnity. Billions of dollars are lost �each year in benefit payments and lost Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance productivity. INTEGRATION OF CANADA PENSION PLAN AND WORKERS COMPENSATION BENEFITS There has been both confusion and controversy about the overlap of the two main disability programs for injured and disabled workers in much of Canada. Both the Workers Compensation Boards (WCB) and the Canada Pension Plan (CPP) provide benefits to workers who become disabled. There are similarities in both programs but there are many differences as well. Many workers have struggled to understand how these two systems work in conjunction with each other. province has responded to these pressures in different ways. The Alberta WCB has declared that they are the first payor and do not deduct CPP from a worker’s WCB benefits. B.C. and the Yukon likewise don’t deduct CPP (with some exceptions.) As we move across the country, we see that some provinces like Saskatchewan and Nova Scotia subtract 50% of CPP benefits while Newfoundland deducts 75% of net CPP benefits. It becomes even more complex as we look at the CPP child benefit. process were the worker is deemed to be able to do a certain job and that deemed wage is subtracted from the disabled workers pension. She/he also qualifies for CPPDisability benefits and is determined to be unable to work. The WCB then reduces the workers pension further by the amount received from CPP. She/he is deemed to both be able to work – benefits reduced – and deemed to be unable to work – benefits reduced a second time. Is this the opposite of double dipping? As the pro business/global As governments continue to trade agenda has swept shift the costs of workplace North America, both injury and disease from In the big picture, WCB premiums have systems have come under employers and the Workers been going down while CPP premiums attack as ―expensive social Compensation systems to are going up and fewer injured workers programs.‖ This has other social programs and are receiving long term benefits from resulted in pressure to to the individual disabled WCB. reduce costs to business workers, we wonder about and the shifting of these the founding principles of costs on to others. There has been a Some provinces see that this has Workers Compensation. It seems significant shift of costs from the nothing to do with WCB and allow the ―Historic Compromise‖ is being WCB to CPP and to the disabled the family to keep these benefits. broken. This is leading more worker and their family. Others like Ontario and Manitoba workers to pursue legal action in the want to extract every dollar possible courts. Is this the type of system In the big picture, WCB premiums from any source and deduct dollar Canadians want? We think not. have been going down while CPP for dollar from the WCB benefits What ever happened to Justice premiums are going up and fewer paid. Speedily Delivered? injured workers are receiving long term benefits from WCB. In Ontario it has reached the level of ridiculous. Permanently injured Workers Compensation is a workers who are unemployed are provincial program and each subject to ―deeming.‖ This is the The charts on the following pages deal with CPP-D and how they are integrated with WCB benefits. The information in the charts was gathered as part of an interactive workshop that CIWA/ACVAMT hosted in St. John's, Newfoundland on March 6, 2000. Page 7 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL CPP - PRESENT COMPARISONS NF NS PEI NB 1. Is WCB offset by CPP (RRQ in Québec) Yes, by 75% of Yes, by Yes Yes {WCA net 50% Sec.38.10(1)}, 1 2. Exceptions Yes, children’s portion not clawed back; prior to 1984, no clawbacks No None that we know of Yes: a). CPP child benefit; b). CPP benefits received for a personal medical condition NOT related to the work injury. 3. WCB’s source of authority (re: CPP/RRQ) Prov. Gov. IW’s A policy was Legislation and legislation. give the enacted policy {WCA WCB and right to called 38.10(1) and employers the collateral Policy #21-230} lobbied to WCB benefits; 2 reduce employer’s premiums. 4. Does WCB compensate for decrease in CPP (RRQ)? Only if the Yes Not sure Yes {WCA 38.21injured worker Guaranteed can prove loss Supplement)} 3 of pension at 65 years old QC ON SK AB BC No, it’s the RRQ that won’t give benefits if full comp by WCB Yes Yes, by 50 % No No Yes, when reduced comp is received from (WCB)— CSST—IW can receive RRQ Yes, before 1990. Not dollar for dollar. Yes, child benefits are not N/A Yes, part reduction for widows N/A The Act and Board Policy Legislat ion Themselves (WCB) Workers’ Comp No Yes, 10% of WCB benefits placed into annuity for age 65 No No Yes Yes Yes N/A No Yes Yes N/A Yes, Yes-- Yes, Yes, No 5. Does WCB insist that injured workers apply for CPP (RRQ) benefits? 4 No, but they No Yes No continue to send letters to recommend it 6. If lump sum from CPP (RRQ) is received, must IW pay back WCB? 5 Yes Yes Yes. However, IW No, but the only pays back opposite will proportion related be done to workplace directly by the injury.6 WCB 7. Ceiling on WCB benefits? If so, what? Yes, $39,300 Yes Yes, Yes, in 1999 it was Yes, 50,500$ 1 2 3 NB PEI NB 4 NB NF 6 NB 5 Page 8 deducted legislation WHSCC will reduce benefits by same proportion that IW receives from CPP with respect to the workplace injury. Also an exchange of information policy was put into place giving both WCB and CPP and other government agencies the right to exchange this information. Whether this is legal depends on this policy being taken to court. IW’s receiving loss of earnings benefits who suffer a reduction in their CPP retirement benefits at age 65, because of time spent on compensation, are covered by a 5% Guaranteed supplement. An actual loss of CPP retirement benefits, because of time spent on compensation, must be demonstrated (Policy 21-240). No, but WHSCC insists you keep them informed of any changes in your income, including CPP benefits. Yes, in full, or over 3 years – if IW can prove hardship, WCB will consider a longer repayment If an overpayment situation is established, WHSCC will correct the situation by either withholding or reducing benefits. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS PEI $36,200 NB $44,600; in 2000 it is $45,100 8. Who pays tax on retro CPP (RRQ) benefits paid to WCB? Yes. Injured Worker, ProIf retro CPP However, IW but Revenue rated benefits are paid only pays Canada will back 2 back in lump sum back adjust the tax years to the WHSCC, proportion 7 return to reflect related to the retro period workplace QC in 1999 ON $59,200 SK $48,000 AB $48,500 BC $57,000 N/A Injured Worker Injured Worker Injured Worker N/A 12 13 14 19 20 21 injury. 9. What excuses are given to support integration of CPP (RRQ) and WCB benefits? 8 9 10 11 Legislation 10. What do you think of integrating CPP (RRQ) and WCB? 15 16 17 18 Not sure 7 NB 8 NF NB 10 QC 11 ON 12 SK 13 AB 14 BC 15 NF 9 16 NB 17 QC ON 18 19 SK AB 21 BC 20 WHSCC will reimburse the IW an amount which, in the opinion of the Commission, is equivalent to the income tax paid by the worker on the retro CPP benefits paid to the Commission (Policy 21-235). If paid back in installments, the IW must take responsibility for the income tax. Incentive to go back to work; employer funded as well so claw-back is justified. Injured Worker should not earn/receive more than what they were when they were working Arguments from RRQ: no double compensation, no stacking, over compensation Stacking, over-compensation is disincentive to return to work Stacking/earning an income Can’t take more money than you earned as a worker Injured Workers should not receive more $ from compensation than from wages CPP paid by employee & employer. Should be provided to the IW to compensate for loss of holiday pay, pension, raises, not being able to return to work only to list a few. Meredith’s ―Historic Compromise‖ stated employers pay seeing as they are protected from lawsuits. The burden was not to fall on the injured worker, their family or society overall. CPP and WCB should not be integrated! Two different systems; different contribution structure The fact they have already lost all their other benefits, pensions, and wages, etc. Plus, CPP is a separate plan. All costs of injuries should be paid by employers. It’s 2 different entities Should not be touched—separate entities. WCB: employer pays to insure employees. CPP: worker pays. Separate plans—injured worker supported (CPP) vs. employer funded (WCB). CPP evens out the incidental losses not covered by WCB. Page 9 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance RRQ/CPP PROVINCIAUX - COMPARAISONS ACTUELLES Terre-Neuve N.-É. Î.-P.-É. NouveauBrunswick Québec 1. WCB/CSST compensée par RPC (RRQ au Québec) 22 23 Oui, 75 % Oui, 50 % Oui du montant net 2. Exceptions 24 26 Non Aucune à Oui : notre a) connaisprestation sance RPC pour enfants; Ontario Saskatche wan Alberta Oui Oui, 50 % Non Non Non, avant 1990, lésions, non $ pour $ Oui, les prestations pour enfants ne sont pas déduites S.O. Oui, réduction partielle pour les veuves; %/année Intervenant-e-s (WCB) Loi sur l’indemnisa tion des travailleurs et travailleuses 25 3. Source d’autorité de WCB/CSST (a.s.d. RPC/RRQ) 27 28 Les Législation Législation victimes et politique du travail {LAT don-nent 38.10(1) et le droit à politique n° la WCB. 21-230} Législation et politique de la Commission C.-B. 4. La WCB/CSST compense-t-elle pour la réduction du RPC/RRQ? 29 30 31 Oui Incertain Non Non Non Non 5. La WCB/CSST insiste-t-elle pour qu’on demande les prestations du RPC/RRQ? 32 33 Non Oui Non Oui Oui Oui S.O. 6. Si la victimes du travail touche un montant forfaitaire du RPC/RRQ, doit-elle rembourser la WCB/CSST? 34 35 Oui Oui Non, mais Non Oui Oui S.O. le contraire sera fait directement par la 22 NB Oui {LAT, Art. 38.10(1)}, la CSSIAT réduira les prestations dans la même proportion que la victime du travail reçoit du RPC en ce qui concerne la lésion professionnelle 23 QC Non. Le RRQ ne donne pas de prestation s’il y a pleine indemnisation par la CSST. 24 TN Oui, la partie pour les enfants n’est pas récupérée; avant 1984, aucune récupération 25 NB b) Prestations RPC reçues pour condition médicale personnelle SANS LIEN avec la lésion professionnelle. 26 QC Oui, quand une indem-nisation réduite est fournie par la CSST, la victime peut recevoir le RRQ. 27 TN Législation provinciale; pression exercée sur la WCB et sur les employeurs pour réduire les cotisations des employeurs. 28 I.P.É Une politique a été promulguée : prestations accessoires; on a égale-ment promulgué une politique d’échange d’information, accordant à la WCB, au RPC et à d’autres organismes gouvernemen taux le droit d’échanger cette information. On saura si cette politique est légale si elle est contestée devant les tribunaux. 29 TN Seulement si la victime du travail peut démontrer la perte de la pension à 65 ans 30 TN Oui {LAT 38.21-Supplément garanti} Les victimes du travail qui touchent des prestations pour perte de revenu et qui subissent une réduction de leurs prestations du RPC à 65 ans à cause de l’indemnisation sont couvertes par un supplément garanti de 5 %; il faut démontrer la perte réelle de prestations du RPC par suite de l’indemnisation (politique n° 21240). 31 SK Oui, 10 % des prestations WCB déposés dans une rente jusqu’à l’âge de 65 ans 32 TN Non, mais on continue d’envoyer des lettres pour recommander cela. 33 NB Non, mais la CSSIAT insiste pour qu’on la renseigne sur tout changement dans votre revenu, y compris les prestations du RPC. 34 TN Oui, au complet ou sur 3 ans; si la victime peut démontrer des difficultés, la WCB prendra en considération un remboursement prolongé. 35 NB Oui, cependant la victime ne rembourse que la proportion reliée à la lésion professionnelle. Si on démontre qu’il y a eu versement en trop, la CSSIAT corrigera la situation en retenant ou en réduisant les prestations. Page 10 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Terre-Neuve N.-É. Î.-P.-É. NouveauBrunswick Québec Ontario Saskatche wan Alberta C.-B. CSST. 7. Y a-t-il un plafond pour les prestations WCB/CSST; si oui, de combien? Oui, Oui Oui, Oui ; en Oui, Oui, Oui, Oui, 39 300 $ 36 200 $ 1999 : 50 500 $ en 59 200 $ 48 000 $ 48 500 $ 44 600 $; 1999 en 2000 : 45 100 $ 8. Qui paie l’impôt sur les prestations rétroactives du RPC/RRQ versées à la WCB/CSST? 36 37 RéparLa victime S.O. Victime du Victime Victime du tition sur du travail travail du travail travail les 2 doit les années réclamer. précédentes 9. Quelles excuses donne-t-on pour justifier l’intégration des prestations du RPC/RRQ et de la WCB/ CSST? Motivation à Législation La victime Arguments Le cumul Cumul et On ne peut retourner au du travail du RRQ : des indemgagner un pas toucher travail; ne doit pas aucune nités est une revenu. plus l’employeur toucher indemnisa- démotid’argent est plus que ce tion double, vation pour que ce également qu’elle aucun retour-ner au qu’on a financé, de recevait cumul des travail. gagné au sorte que la quand elle indem-nités travail. récupétravaillait. ration est justifiée. 10. Que pensez-vous de l’intégration du RPC/RRQ et de la WCB/CSST? 38 39 40 Incertain Deux Il s’agit de 41 systèmes deux distincts; entités une distinctes. structure de cotisation distincte 36 Oui, 57 000 $ S.O. Les victimes du travail ne doivent pas toucher plus d’argent de l’indemnisation que du salaire. 42 La victime du travail, mais Revenu Canada ajuste la déclaration d’impôt pour tenir compte de la période de rétroactivité. Si les prestations rétroactives du RPC sont remboursées en montant forfaitaire à la CSSIAT, la CSSIAT rembourse la victime du travail une somme qui, selon la Commission, correspond à l’impôt payé par la personne sur les prestations du RPC versées à la Commission (politique n° 21-235). Si le remboursement se fait par versements, la victime du travail assume la responsabilité de l’impôt. 38 TN Le RPC est payé par les employés et par l’employeur. Il doit être versé à la victime du travail pour compenser la perte de congés payés, de la rente de retraite, des hausses de salaire et pour ne pas pouvoir retourner au travail, pour ne nommer que ces raisons. 39 NB Dans « Historic Compromise » de Meredith, il est dit que les employeurs paient puisqu’ils sont protégés contre les poursuites judiciaires. Le fardeau ne doit pas reposer ni sur la victime du travail ni sur sa famille ni sur la société dans son ensemble. Le RPC et la CAT ne doivent pas être intégrés! 40 ON Le fait que ces personnes ont déjà perdu toutes les autres prestations, rentes de retraite, salaires, etc. Le RPC est un régime distinct. Tous les frais reliés aux lésions doivent être payés par les employeurs. 41 AB Il ne faut pas toucher à cela.— Ce sont des entités distinctes. WCB : l’employeur paie pour assurer les employés. RPC : les employés paient. 42 C.B. Ce sont des régimes distincts : le RPC qui est financé par la victime du travail par rapport à la WCB qui est financée par les employeurs. Le RPC compense les pertes fortuites non couvertes par la WCB. 37 TN NB Page 11 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance FEDERATION OF LABOUR HOSTS CONFERENCE IN NEWFOUNDLAND LA FEDERATION OF LABOUR ORGANISE UN COLLOQUE A TERRE-NEUVE The Newfoundland & Labrador Federation of Labour hosted a conference in St. John's, NF on March 10-12. The agenda was prepared around Occupational Health & Safety and Workers' Compensation as a training session within the labour movement. The Newfoundland & Labrador Injured Workers Association (NLIWA) was incorporated in 1993 as a non-profit peer group to provide peer support and information to enable injured workers to help themselves. La Newfoundland & Labrador Federation of Labour a organisé un colloque à St. John's du 10 au 12 mars. Le programme prévoyait une session de formation à l’intérieur du mouvement ouvrier sur la santé-sécurité au travail et sur l’indemnisation des travailleurs et travailleuses. La Newfoundland & Labrador Injured Workers Association (NLIWA) a été incorporée en 1993 en tant que groupe affinitaire sans but lucratif afin de fournir de l’entraide et de l’information permettant aux victimes d’accidents et de maladies du travail de s’aider elles-mêmes. At that time, the impression was that Labour was not a necessary link that injured workers needed. Varied opinions steered the group that injured workers had to face it alone. Our group quite quickly recognized our mandate had to expand & include major lobbying of government. À cette époque, on avait l’impression que le mouvement syndical ne constituait pas un lien nécessaire pour les victimes du travail. Plusieurs étaient d’avis que les victimes d’accidents et de maladies du travail devaient se débrouiller par ellesmêmes. Notre groupe a vite compris que notre mandat devait s’élargir pour inclure des pressions politiques majeures sur le gouvernement. As of our last executive election in November, 1999, we decided it was time to refocus! At that time we approached Labour and we realized the goal was the same … ensure the rights of injured workers. Depuis notre dernière élection du conseil d’administration, en novembre 1999, nous avons décidé qu’il fallait repenser notre action. Nous avons alors abordé les syndicats pour constater que le but était le même, soit protéger les droits des victimes d’accidents et de maladies du travail. The invitation to attend the conference on behalf of the NLIWA enabled us to see first hand the interest from the Labour in attendance. The welcome was overwhelming! L’invitation de participer au colloque au nom de la NLIWA nous a permis de constater directement l’intérêt des syndicats. L’accueil fut extraordinaire! During the conference, we realized there were many opportunities to provide ongoing information through our shared concerns and experiences. We had many hands & hearts extended to continue contact with the individuals there for needed changes. There were many expressions of interest to attend our monthly meetings, where injured workers come together, to support our efforts. This has been one of the most positive experiences of our groups' existence and the people we met and information shared brought new life to the importance of working with Labour. We are committed to the injured workers of Newfoundland & Labrador and will continue to build this bridge with Labour and it is an experience we now look forward to. Page 12 Au cours de ce colloque, nous avons compris qu’il y avait beaucoup d’occasions de fournir de l’information continue par le biais de nos préoccupations et expériences partagées. Il y avait beaucoup de bras et de cœurs ouverts prêts à maintenir le contact avec les personnes qui étaient là pour opérer les changements qui s’imposent. On a manifesté beaucoup d’intérêt pour participer à nos rencontres mensuelles où des victimes du travail se réunissent pour appuyer nos efforts. Cette expérience fut parmi les plus positives de toute l’existence de notre groupe; les gens que nous avons rencontrés et l’information qui a été partagée ont donné un nouveau sens à l’importance de collaborer avec les syndicats. Nous nous sommes engagés envers les victimes d’accidents et de maladies du travail de Terre-Neuve et du Labrador, et nous continuerons de bâtir ce pont avec les syndicats. C’est une expérience à laquelle nous aspirons. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Letters to the Editor (from our Web Site) WCB cuts 1999 employer premiums rates 20 percent. Winnipeg - For the "third" year in a row, Manitoba employers will pay less for their WCB coverage. CEO Pat Jacobsen said "For 1999, the premium cut will result in cost savings for Manitoba will be ($28) million. (WCB of Manitoba news release.) Dear Editor, I’m responding to the above press release. Don't need a PhD to figure out where all the savings come from? All these CEO's and people in senior positions at the WCB, the Review Board and Appeal Commission are mostly ex-company people, put in their positions to serve the best interests of the Corporations and Businesses who pay WCB premiums. The company that I worked for in Manitoba have been abusing and lying to the WCB of Manitoba for decades, they threatened and abused hundreds of Injured Workers not to report injuries that happened on the job or to claim WCB benefits. My wife is a Filipino and I spent almost three years living in the Philippines, not lying on sunny beaches but travelling around and watching. Canadian Mining Companies (Placer Dome) destroyed enormous areas of land and rivers with deadly chemical spills. It was documented in the Canadian press, then forgotten and covered up. It’s easy to bribe government officials in Third World countries. Many other Canadian and foreign companies operate in the Philippines, the clean, friendly image they like to project is all PR and pure rubbish. Big companies in Canada, especially in the mining industry, commit enormous environmental and safety abuses of their workers. These companies are so powerful and influential and have so many pals and cronies in the Government and Media that their acts of destruction and abuse go on year in year out without any real action being taken against them. Token fines are handed out to abusers to appease unions and media people, the WCB Act is abused and broken on a regular basis. WCB boards across the country are stacked like the senate with Corporation and Company cronies and lap dogs. Workers in general are intimidated and threatened not to report work place injuries or claim WCB benefits. Most workers are afraid to lose their jobs and will do as they are told. In the Global Casino, workers are used and abused and dumped when the profits don’t meet the expectations of the Corporate Elites. The federal government, as corrupt and rotten as the one before them, line their own pockets and reduce and scrap all systems and programs that made Canada the greatest country in the world. We now have a four year dictatorship, scraps are thrown to the people in the form of tax cuts at election time and the game goes on once more. Sorry to ramble on! It’s the nature of the beast! Yours Truly Raymond George Hughes Editor’s note: We received a series of correspondence from Raymond Hughes. His experience certainly gives one pause to reflect on the connections and struggles workers face at home and abroad. Page 13 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance HOW TO RUN A GOOD MEETING  Here are some tips on how to run a meeting:  Don't compete with group members. Give their ideas precedence over yours.  Listen to everyone. Paraphrase, but don't judge.  Don't put anyone on the defensive. Assume that everyone's ideas have value.  Control the dominant people without alienating them.  Realize that your interest and alertness are contagious.   Keep all participants informed about where they are and what's expected of them. Keep notes on flip charts or a board that everyone can see. Check with the person who owns the problem to find out if an idea is worth pursuing or if a proposed solution is satisfactory. Give others a turn at running the meeting. Those who learn to lead, learn how to participate. USE YOUR BRAIN TO CUT STRESS Relieve stress by understanding which brain hemisphere is stressed. or organizing. The emotional right brain will calm down. If you feel depressed or emotionally overwrought, your stress is in the right hemisphere - the creative, emotional, holistic side. If you feel time-stressed and overburdened, the left hemisphere is involved. Switch to your right brain by singing or playing a sport. What to do: Switch to your matter-of-fact left hemisphere by doing math, writing factual prose Page 14 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance A POEM WRITTEN BY FRANCISCO BRAVO, AN INJURED WORKER AT OUR CONFERENCE IN 1992 Different accents and injuries have met. In the hard nest of reality, In the struggle for recognition… Some with a funny way of walking. Others have been guided by the immaculate white of a metal cane. Because, in a work place their vision has died. In Silence Few are moaning, because their pain is alive. Many tears, women and men have let go Because of a dictatorial system not there to care. Yes, indifferent to "human legitimacy". And they were created to Help!!! Huge hotel rooms, "Our convention" Filled with love, understanding and care Not forgetting compassion. "Relations with Labour", "Politics and funding", "Immigrants", "First Generation Canadians", "The Voice of the Marginalized", "Rehabilitation" But in the place, Human beings limping their way to meetings … So many condemned for life, to the silence of a cold wheelchair. Missing some innocent game that a little one in their lives wanted to play … Difference arms or hands that someone has to welcome with, because of some advanced machinery A dirty trick has been played in their lives. How about the brother or sister that can not even breathe because of some toxin in the air, We were the ones to build up their offices, Also their homes … World of Progress! World of love … Carpenters, Plumbers, Electricians, Mechanics, Nurses, Life-guards, Labourers Yes, the list is long … But Remember "It is in your mind" … "You are born that way" … Painkillers, muscles relaxers, inhalers Only God knows what else … Our true bread With deep sadness I can say Many, many injured workers have ended their lives Because the Law in this system Has its door closed … They were brothers and sisters As we all here are Just workers as you and I … Injured workers of Canada Its time to join hands, Yes, join what's left of our strength. Let's change our pain and frustration Into a very strong voice, Voice to yield loud, "The truth one more time has been raped!" …It is time for changes! Others looking healthier because their injury is hidden deep. We are not the black sheep of society! We are human beings that not long ago Part of society we have built... With sadness and frustration I have seen, How, some so called counselor, behind their fancy oak desk, with authority have said: "Come on its all in your head" and remember we are also workers … Let's Keep Together, that With our love and understanding With our hands as one A New System we can create Yes, a better road For the new worker to come … Many, many times Page 15 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Goals CIWA/ACVAMT Is about  To work towards a just SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.   PARTNERSHIPS We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.  INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.   system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available        The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE VIDEOS & WORKBOOKS  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 3678 1201 Jasper Drive Thunder Bay, ON P7B 6E3 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 Page 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 2000 Description An account of the resource Articles about Canada Pension Plan - Disability (CPP-D) benefits; Worker's Compensation news; Integration of Canada Pension Plan and Workers Compensation Benefits; Provincial CPP. Internet Access proposals; Injured Workers coming together in New Brunswick; report from the CLC Winter School; facts about disability in Canada"; Federation of Labour Conference in Newfoundland. Letter to the Editor- WCB cuts; tips to cut stress and how to run a good 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 2000 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