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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
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Title
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Canadian Injured Workers Alliance
Dublin Core
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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
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CIWA
Date
A point or period of time associated with an event in the lifecycle of the resource
2006
Format
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PDF
Language
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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
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Canadian Injured Workers Alliance
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CIWA Highlights Newsletter Spring 1998
Description
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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.
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CIWA
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1998
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Labour and Labour Unions
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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
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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
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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
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�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
�
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Title
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Canadian Injured Workers Alliance
Dublin Core
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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
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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
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Title
A name given to the resource
Canadian Injured Workers Alliance
Dublin Core
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Title
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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
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PDF
Language
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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/953ce398784f876d2942c89bbdef71c7.pdf
462d911b85a72d8b2ff0384c3d2c6d87
PDF Text
Text
CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422
Focus on Provincial Organizations.....
This issue looks at the state of organizing in the injured workers movement. This is never a
constant thing. In fact, if there is consistency, its that things are always changing in injured
workers groups. Some people have described it as a roller coaster ride … all the ups and
downs.
It seems it comes with the territory. Most of the local groups are volunteer run, with limited
or no funds; and lots of stress.
There are an unlimited number of injured workers looking for information and assistance.
The big picture is that the number of local injured worker groups across the country has
doubled in the last 10 years. New groups are forming every year. Local groups are coming
together to form provincial organizations. They are gaining more credibility and a stronger
voice. They are building stronger links with labour and other social justice groups.
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 importantly, share
your experiences with us!
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
Projects (Fr/Eng) .............................. 3 - 4
News & Happenings(Fr/Eng) .............. 5 - 9
Coming Together Project(Eng/Fr) .... 10 - 11
Provincial Comparison Charts (Fr/Eng) 12 - 16
Letters to Editor ................................. 17
CIWA/ACVAMT Info ........................... 18
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, 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
L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL
MAILING ADDRESS:
CANADIAN INJURED WORKERS ALLIANCE
STREET ADDRESS
P.O. Box 10098
1201 Jasper Drive
Thunder Bay, Ontario. P7B 6T6
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
CIWA/ACVAMT Projects
Be a key player!!!
W A N T E D : People interested in educating young
people about the hazards at work.
As a result of the request by injured workers, by injured workers’ groups and by ONIWG, the Canadian
Injured Workers Alliance has developed a model workshop that is aimed towards educating young people
about health and safety in the workplace, about workers’ compensation and about their rights as workers.
For Phase II, we plan to train 21 teams from Ontario, consisting of one injured worker and one young
person. The training session will focus on how to deliver the workshop and on helping people to develop
their public speaking skills.
For folks outside Ontario, your chance to participate will come, as Phase III of our project will involve
training teams across Canada! Let us know if you are interested!
The session will be interactive, so we ask that participants be
prepared to participate!
Where:
We plan to host the training session at three
sites across Ontario: Northwestern Ontario,
Southern Ontario and Eastern Ontario.
How long: From Thursday evening until Sunday
afternoon.
Cost:
The cost for travel, food and lodging will be
covered by the Canadian Injured Workers
Alliance.
Registration Fee: $0.00
Materials: All materials will be provided at the session.
Your involvement in this project
is important to stop the suffering
many of us have experienced.
Let’s protect our children and
grandchildren!
If you are interested, please call
Melanie on the toll free number
at 1-877-787-7010.
Please, spread the
word!
Some Youth specific Web Sites to Check Out
Page 3
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
www.yworker.com (Young Worker Awareness Program)
http://jobs.gc.ca
www.bcfed.com/youth/knowrights.html
www.iapa.on.ca/ywap/index.html
Page 4
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Scholarships Available!!!
1) Imperial Tobacco Canada Limited (formerly Imasco) Scholarship
Fund for Disabled Students; a $2,500 value, and
2) Mattinson Endowment Fund Scholarship Program; a $2,500 value.
Due Date:
June 1st, 2001
Further information and/or application forms are available from AUCC’s website at www.aucc.ca or
directly from the Canadian Awards Program by e-mail at awards@aucc.ca
As well, a limited number of applications are available from the CIWA/ACVAMT office. Please call on our
toll free number at 1-877-787-7010.
Good luck!
Thanks to the Social Development
Partnership Program of HRDC for the
funding necessary to produce this
newsletter.
Special thanks also goes to all those who
have subscribed and show interest in this,
our newsletter.
We sure do appreciate your help !!!
Web Sites to Check Out:
www.workingwounded.com
www.entrepreneurdisability.org/
www.safetyonline.com
www.ComeToTheGarden.Homestead.com
www.workink.com
www.ohrc.on.ca/english/publications/disabilitypolicy.shtml
www.awcbc.org/
www.ccohs.ca
www.iwh.on.ca
Duty to Accommodate in Ontario: Policy and
Guidelines
www.ergoweb.com/index.cfm
http://members.home.net/ciwrc/
www.oshforeveryone.org/wsib/
www.iapa.on.ca/
Canadian Injured Workers' Consultants
www.chronicpaincanada.org
North American Chronic Pain Association of
Canada
Association of Workers' Compensation Boards
of Canadian Injured Workers Alliance
Canadian Centre for Occupational Health and
Safety
Institute for Work and Health
ErgoWeb
OSH for Everyone
The Industrial Accident Prevention Association
www.canoshweb.org
Canada's National Occupational Health and Safety
Web Site
Page 5
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
News & Happenings
The Ontario Network of
tribunal has the legal authority
Injured Workers' Groups
to refuse to apply a policy or
ONIWG Intervention in Supreme Court
plans to apply for intervenor
regulation that violates an
of Canada, Appeal of Nova Scotia
status in a Supreme Court
injured worker's Charter rights.
Chronic Pain cases
of Canada case involving
We also support the argument
the compensability of
that arbitrary limits on benefits
chronic pain disability resulting from a workplace
for injured workers with chronic pain are
injury.
discriminatory and violate those rights. We recently
made this point to the Ontario W.S.I.B. and they
As you know, Nova Scotia introduced regulations
abandoned plans to copy the Nova Scotia regulation.
setting arbitrary time limits on workers' compensation
benefits for chronic pain disabilities. Basically, injured
ONIWG appreciates that it is beyond the mandate of
workers get four weeks of treatment and then they
CIWA to participate in this kind of legal challenge. For
are deemed to be cured, regardless of their actual
that reason, we hope that CIWA will help inform the
disability. The Nova Scotia Workers' Compensation
provincial injured worker groups and encourage them
Appeals Tribunal found that the regulation was
to support the injured worker intervenors. Provincial
unconstitutional because it violated the equality rights
injured worker groups could join ONIWG in an
of injured workers with chronic pain and refused to
intervenor coalition. We would welcome the
apply it. However, the N.S. W.C.B. appealed. The
opportunity to discuss the process for giving support
Court of Appeal decided that the WCAT did not have
with any provincial group that might be interested and
the legal authority to refuse to apply the regulation,
we ask that CIWA facilitate our efforts in the best way
even if there was a Charter of Rights violation.
that it can.
However, the court went on to say that the regulation
Preserving equal rights to compensation for injured
did not violate the Charter.
workers with chronic pain conditions is an important
The injured workers are appealing to the Supreme
issue. We hope that CIWA can help to encourage
Court of Canada. They have the Nova Scotia Office of
other provincial injured worker groups to help with this
the Worker Adviser representing them. If the court
struggle. Even if a province may not want to
agrees to hear their appeal, ONIWG will ask for
participate in the court challenge, it could help injured
intervenor status at the appeal. We support the
workers through political lobbying or possible letters of
argument that a workers' compensation appeals
support. Thanks for looking into this issue.
Sincerely,
Karl Crevar, President ONIWG
Widows in Nova Scotia Lose Appeal
Nova Scotian widows fighting for retroactive
workers' compensation survivor benefits lost a
battle Thursday, in the province's Appeal Court.
But the women whose husbands died on the job,
are determined to win the war and have promised
to take their discrimination case against the
province to the Supreme Court of Canada.
A three-judge Appeal Court panel unanimously
agreed that the trial judge erred on several
constitutional grounds and was wrong to grant
Page 6
each woman - who lost the monthly pension when
they remarried - roughly $115,000.
"The government is in for another fight," said Ms.
Bauman, whose husband died in a mining
accident in 1960.
Editor's Note: It looks like the widows in Nova
Scotia just won't give up. Right on!!! We're with you.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
L’Ontario Network of Injured
refuser d’appliquer une
Workers' Groups (ONIWG)
politique ou une
Objet :
Intervention d’ONIWG
(réseau ontarien des groupes
réglementation qui transgresse
devant la Cour suprême du Canada
de victimes d’accidents et de
les droits d’une victime du
maladies du travail) se
travail en vertu de la Charte.
Appel des cas de douleurs chroniques
propose de demander le
Nous soutenons de plus
en Nouvelle-Écosse
statut d’intervenant dans un
l’argument que les limites
cas devant la Cour suprême
arbitraires sur les prestations
du Canada impliquant l’indemnisation de l’invalidité
pour les victimes du travail souffrant de douleurs
attribuable aux douleurs chroniques résultant d’un
chroniques sont discriminatoires et qu’elles violent ces
accident du travail.
droits. Nous avons récemment fait valoir cet argument
auprès de la Commission de la sécurité et de l'assurance
Comme vous savez, la Nouvelle-Écosse a adopté une
des travailleurs de l’Ontario et cet organisme a
réglementation définissant des limites de temps
abandonné ses plans de copier la réglementation de la
arbitraires sur les indemnités aux travailleurs et
Nouvelle-Écosse.
travailleuses pour des invalidités résultant de douleurs
chroniques. Fondamentalement, les victimes du travail
ONIWG sait que c’est au-delà du mandat de l’ACVAMT de
reçoivent quatre semaines de traitement puis sont jugés
participer à ce genre de contestation judiciaire. Pour cette
guéris, peu importe leur invalidité réelle. Le tribunal
raison, nous espérons que l’ACVAMT aidera à informer les
d’appel de l’indemnisation des travailleurs et travailleuses
groupes provinciaux de victimes d’accidents et de
de la Nouvelle-Écosse a déterminé que la réglementation
maladies du travail et les encouragera à appuyer les
était inconstitutionnelle parce qu’elle transgressait les
intervenants auprès des victimes du travail. Les groupes
droits à l’égalité des victimes du travail souffrant de
provinciaux de victimes d’accidents et de maladies du
douleurs chroniques et il a refusé de l’appliquer. Par
travail pourraient se joindre à ONIWG dans une coalition
contre, la WCB de la Nouvelle-Écosse a interjeté appel. La
d’intervenants. Nous sommes favorables à la possibilité
cour d’appel a décidé que le tribunal d’appel de
de discuter du processus d’accorder du soutien avec
l’indemnisation des travailleurs et travailleuses de la
n’importe quel groupe provincial qui pourrait être
Nouvelle-Écosse n’avait pas l’autorisation légale de
intéressé, et nous demandons à l’ACVAMT de faciliter nos
refuser d’appliquer la réglementation, même s’il y avait
efforts de la meilleure manière possible.
violation de la Charte canadienne des droits. Cependant,
Protéger l’égalité des droits à l’indemnisation des victimes
la cour a ajouté que la réglementation ne transgressait
du travail souffrant de douleurs chroniques est une
pas la Charte.
question importante. Nous espérons que l’ACVAMT pourra
Les victimes d’accidents et de maladies du travail
encourager d’autres groupes provinciaux de victimes
interjettent appel à la Cour suprême du Canada. Elles
d’accidents et de maladies du travail à participer à cette
sont représentées par le bureau des conseillers des
lutte. Même si une province peut ne pas vouloir prendre
travailleurs et travailleuses de la Nouvelle-Écosse. Si la
part à la contestation judiciaire, elle pourrait appuyer les
cour consent à entendre leur appel, ONIWG va demander
victimes du travail au moyen de pressions politiques ou
le statut d’intervenant à l’appel. Nous appuyons
de lettres de soutien. Merci de prendre en considération
l’argument qu’un tribunal d’appel de l’indemnisation des
cette question.
travailleurs et travailleuses a l’autorisation légale de
Sincèrement,
Karl Crevar, Président
Les veuves de la Nouvelle-Écosse perdent leur appel
Les veuves de la Nouvelle-Écosse qui luttent pour des
prestations rétroactives pour les survivantes d’une
victime du travail ont perdu une bataille jeudi à la cour
d’appel de cette province.
commis des erreurs sur plusieurs points
constitutionnels et qu’il a eu tort d’accorder environ
115 000 $ à chaque femme qui avait perdu la pension
mensuelle en se remariant.
Mais les femmes, dont les maris sont décédés au
travail, sont déterminées à gagner la guerre et ont
promis de porter leur cas de discrimination contre la
province devant la Cour suprême du Canada.
« Le gouvernement va devoir se battre encore une
fois, » a déclaré Mme Bauman qui a perdu son mari
dans un accident de mine en 1960.
Un comité de trois juges de la cour d’appel a été
unanime à décider que le juge de première instance a
Page 7
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Note du rédacteur en chef : Il semble que les
Ne lâchez pas! Vous avez notre appui.
veuves de la Nouvelle-Écosse ne veuillent pas céder.
POOR BASHING……..The Politics of Exclusion
Maltraiter les pauvres ……. Les politiques d'exclusion
Jean Swanson shows how people with power
and money attack the poor. They do it through
poor-bashing. One of their favourite tools is
"poornography".
Poor-bashing means ignoring facts and
repeating stereotypes about people who are
poor.
Poor-bashing means having your reality and
perceptions denied by people with more money
than you have.
Poor-bashing means living in terror that
someone will take your children.
I am sure that anyone who has experienced
living in poverty, will find themselves saying,
"Yes sister, tell it like it is." - Jacquie Ackerly,
President, National Anti-poverty Organization.
Editor's Note:
It looks like some of the same
techniques are used in Injured
Worker Bashing.
Jean Swanson démontre comment les gens détenant pouvoir
et argent s’acharnent sur les pauvres. Ils font cela en
maltraitant systématiquement les pauvres. Un de leurs
instruments préférés est la poornography (poor = pauvre en
anglais).
Maltraiter les pauvres, c’est ignorer les faits et répéter des
stéréotypes au sujet des personnes démunies.
Maltraiter les pauvres signifie que les gens mieux nantis que
vous rejettent votre réalité et vos perceptions.
Maltraiter les pauvres veut dire vivre dans la terreur que
quelqu’un vous enlèvera vos enfants.
Je suis sûr que quiconque a vécu dans la pauvreté dira
« Oui, ma sœur, dis-le comme c’est. » -Jacquie Ackerly,
présidente, National Anti-Poverty Organization.
Note du rédacteur en chef : Il semble que certaines de ces
techniques soient utilisées pour maltraiter les victimes d’accidents et
de maladies du travail.
OSHA FAILS TO PROTECT U.S. WORKERS……..
United States labor laws are poorly enforced and fail to
meet the basic human rights of U.S. workers. Each
year, about 6,000 workers die on the job from
accidents and another 50,000 to 70,000 workers die
annually from "occupationally acquired diseases." The
Occupational Safety and Health Administration (OSHA)
is not capable of effectively overseeing U.S.
workplaces.
The entire federal and state worker health and safety
apparatus involves just 2,300 inspectors, who must
cover America's 102 million workers in 6.7 million
workplaces. That comes to one inspector for every
44,348 workers. Theoretically, it would take OSHA
110 years to inspect each workplace under its
jurisdiction - just once …
Hot off the Press!
Coming Together Manual
The Coming Together Project was completed in March
2001. Please, look to page 10 for a summary report.
NOW AVAILABLE to everyone is the Coming Together
Project manual. The manual is based on the
experiences of 42 injured worker activists from across
the country. It is full of inspiring and supportive
quotes from the activists on the development of
groups, the obstacles experienced, the lessons learned
and much more!
Page 8
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
The main focus of the manual is on forming, on
maintaining and on strengthening injured workers’
groups and provincial organizations.
For more information on the manual and cost, please
contact the CIWA/ACVAMT office on our toll free
number at 1-877-787-7010.
Get your copy today!!!
Page 9
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
STEELWORKERS MEET WITH MINISTER OF LABOUR
12 APRIL 2001
STEELWORKERS DEMAND ACTION IN NORTHERN
ONTARIO'S OCCUPATIONAL DISEASE EPIDEMIC
TORONTO - After driving 14 hours from Northern
Ontario to meet the Minister of Labour Chris Stockwell
for 30 minutes, members of the United Steelworkers
are cautiously optimistic the Minister will act to reduce
the occupational disease epidemic affecting miners.
Available statistics confirm that over the last 10 years
there has been a resurgence of silicosis in Ontario. As
of January 2001, the Workplace Safety and Insurance
Board (WSIB) reported 111 allowed silicosis claims,
with another 19 claims pending. Twelve claims have
been established from miners working at Hemlo Mines
(Golden Giant Mine, David Bell Mine and Williams
Mine) in Northern Ontario, with many cases yet to be
diagnosed.
"In our meeting with the Minister of Labour, we
demanded immediate improvements from
government," said Steelworkers' Ontario/Atlantic
Health and Safety Coordinator Nancy Hutchison.
"Simply reinstating past procedures may vastly
improve the current situation. We have asked for the
restoration of the mining master file, which is a
tracking system that allows miners to establish
occupational work histories and exposures. We need
enforcement of work orders issued by Ministry of
Labour inspectors. There must be safeguards and
work accommodations available, with no loss of
earnings, for miners diagnosed with silicosis.
GOVERNMENT OF ALBERTA LAW REFORM REPORTS
November 20, 2000 - Edmonton, Alberta
Two separate reports recommend changes to Workers'
Compensation Board (WCB)
The reports of the MLA/WCB Service Review
Committee, chaired by Red Deer South MLA Victor
Doerksen, and the Review Committee of the Workers'
Compensation Board Appeal Systems, chaired by
retired judge Mr. Samuel Friedman Q.C., recommend
significant policy, legislative and regulatory changes to
improve WCB service delivery and accountability.
The MLA/WCB Service Review Committee was
established in December 1999 to gather information
from Albertans regarding WCB service delivery. The
final report includes 27 recommendations covering
communication with injured workers, case
management, accountability, conflicting medical
opinion, appeals process, long standing unresolved
claims and response time and other issues.
"Injured workers told us they are frustrated by a
system that seems unfair and unaccountable," said
MLA Victor Doerksen. "Our recommendations stem
from the belief that work is an integral part of who we
are and that the services provided by the Workers'
Compensation Board must be focused on helping and
assisting injured workers during a difficult time in their
lives."
The Review Committee of the Workers' Compensation
Board Appeal Systems was established in February
2000. The committee's final report includes 32
recommendations that seek to improve the
Page 10
accountability of the appeals process by making the
Appeals Commission independent of the WCB.
"We believe that separating the appeal systems from
the WCB will bring needed accountability, fairness and
independence to the appeals process," said Mr.
Friedman.
Copies of the reports are available from Alberta
Human Resources and Employment at 780-427-5585.
They are also posted on the web at
http://www.gov.ab.ca/hre/whats_new.htm
Editor's Note:
Here is one interesting recommendation:
Conflicting Medical Opinion
The WCB should establish a policy that a Medical Advisor,
when used, must reach agreement with the attending
physician on matters of diagnosis, treatment plans, and
on whether the injury prevents a return to work or
modified duties.
Where consensus or agreement cannot be reached,
an independent three member medical panel must
assess the injured worker, in person, and their
opinion will be final. The College of Physicians and
Surgeons and the Alberta Medical Association should
be included in the process of setting up approved
lists of physicians and specialists.
An injured worker's benefits must not be cut off until
conflict in medical opinion is resolved.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
NEWS FROM SOUTH OF THE BORDER
Injured Workers Protest in Florida
Hundreds of injured workers gathered along
Yamato Road in Boca Raton Monday to protest
proposed state legislation that would make it more
difficult for them to hire an attorney in cases of
disputed workmen's compensation claims.
The workers, many of whom have been trying in
vain for years to get their insurance carriers to pay
for medications, doctor visits and procedures,
were joined by family members, workman's
compensation lawyers and supporters.
The legislation would limit the amount an
attorney could be paid in workman's
compensation cases, thereby making it more
difficult for injured workers to find a lawyer
willing to take the case.
"It would cap the attorney's fees at the amount of
the benefit or $5,000, whichever is less. Lawyers
wouldn't be able to take the case because they'd be
paid at such a ridiculously low price, they'd go out
of business at that rate", a local lawyer is reported
to have said.
In many cases, an injured worker can't get benefits
without the aid of a lawyer.
"What's going to happen, is that the legislature is
going to make it so it will be almost impossible to
hire a lawyer" he said. "And where does that
leave the injured worker?"
Editor's Note: So you think we have it bad in
Canada? In Florida, you may have to pay all your
benefits to the lawyer that represents you.
NOUVELLES DES ÉTATS-UNIS
Protestation des victimes du travail en Floride
Des centaines de victimes d’accidents et de maladies
du travail se sont rassemblés à Boca Raton lundi pour
protester contre un projet de loi de l’État de la Floride
qui ferait qu’il leur serait plus difficile de retenir les
services d’un avocat dans des litiges de réclamation
d’indemnisation des salariés.
Les travailleurs et travailleuses, dont plusieurs tentent
en vain depuis plusieurs années de faire payer leurs
médicaments, consultations médicales et interventions
chirurgicales par leur assureur, ont reçu l’appui de leur
famille, d’avocats spécialisés dans l’indemnisation des
salariés ainsi que de sympathisants.
Le projet de loi limiterait les sommes qu’un avocat ou
une avocate toucherait dans les causes
d’indemnisation des salariés, ce qui ferait que ce serait
plus difficile pour les victimes du travail de se trouver
un avocat ou une avocate qui accepterait leur cause.
« Ceci plafonnerait les honoraires de l’avocat ou de
l’avocate au montant de l’indemnité ou de 5000 $,
selon le moindre. Les avocats ne pourraient pas
accepter les causes parce qu’ils seraient rémunérés à
un prix tellement ridicule qu’ils ne pourraient pas
rester en affaires, » a déclaré un avocat local.
Dans nombre de cas, une victime du travail ne peut
pas obtenir d’indemnisation sans l’aide d’un avocat.
« Ce qui va se produire, c’est que la loi va faire en
sorte qu’il sera presque impossible d’avoir recours à
un avocat, » a-t-il expliqué. « Et qu’arrivera-t-il alors à
la victime du travail? »
Note du rédacteur en chef : Vous pensez que la
situation est mauvaise au Canada? En Floride, on
devra peut-être verser toute l’indemnité à l’avocat qui
représente une victime du travail.
Page 11
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
COMING TOGETHER PROJECT A SUCCESS
The Coming Together Project was a research and
development project designed to facilitate the
development of provincial injured workers
organizations in some of the five targeted
provinces. It was completed March 31, 2001.
During the research phase we interviewed 42
injured worker activists about their experiences
organizing, both locally and provincially. From
these interviews, we developed the guide entitled
“Coming Together”. It is 100 pages in length and
covers the range of activities and experiences of
those interviewed. It has numerous quotations
from the interviews that bring real life
experiences to each chapter. A copy of this
guide was distributed to local injured workers'
groups in April of 2001.
Something we didn’t anticipate was the effect on
the interviewees. Many expressed that they had
gained new insights on their own practice from
the interview process. They felt that it was a
rare thing to spend a couple of hours reflecting
on past activities and achievements. This
experience helped them evaluate themselves and
the role they play as members of their respective
organizations.
During the development phase of the project we
hosted meetings in three provinces as part of our
outreach; New Brunswick, Nova Scotia and British
Columbia. We spent at least two weeks in each
of these three provinces hosting local meetings
and training sessions.
We received significant assistance from both local
and provincial groups; whether it was letters of
support from the Canadian Labour Congress,
local disability groups spreading the word of our
meetings to their members, the BC Workers
Advisory Services offering follow-up information
and training to local groups or
Page 12
local disability activists helping to strengthen local
injured workers' groups.
Some of the highlights were:
1)
In British Columbia, we met with the
President of the BC Federation of
Labour(BCFL), people at the Canadian
Labour Congress (CLC) and the Director of
the BC Workers Advisory Service. In these
meetings we were seeking their support for
more training and development for the local
injured and disabled workers groups. David
Rice, Regional Director of the CLC is
offering it's support.
2)
Linda Gallant, Regional Director, CLC, for
Atlantic Canada, wrote a letter to local
labour councils encouraging them to include
injured worker representatives in the local
training workshops.
3)
The Executive Director of the Independent
Living Resource Centre in Duncan, BC
hosted a meeting at it's Centre in March
2001 for injured workers wanting to start a
support group. Our provincial
representative facilitated the discussion and
a support group was formed that will meet
at the Centre monthly.
4)
The New Brunswick Federation of Labour
hosted a three-day conference on Injured
Workers to help increase awareness and
build links between labour and injured
workers.
The project concluded with a three day training
conference in March with injured worker
representatives from Nova Scotia, New
Brunswick, Prince Edward Island and Alberta in
attendance. Each of these provincial groupings
decided to take specific steps towards forming
provincial organizations on their return home.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
LE PROJET COMING TOGETHER : UN SUCCÈS
Le projet Coming Together était un projet de recherche
et développement qui visait à faciliter la formation
d’organisations provinciales de victimes d’accidents et
de maladies du travail dans certaines des cinq
provinces cibles. Il a pris fin le 31 mars 2001.
locaux de victimes d’accidents et de maladies du
travail.
Voici quelques moments marquants de ce projet :
1)
En Colombie-Britannique, nous avons rencontré
le président de la BC Federation of Labour
(BCFL), des intervenants et intervenantes du
Congrès du Travail du Canada (CTC) ainsi que
le directeur de BC Workers' Advisory Service.
Lors de ces rencontres, nous avons demandé
leur appui pour plus de formation et de
développement en faveur des groupes locaux
de victimes d’accidents et de maladies du
travail. David Rice, directeur régional du CTC,
nous offre son soutien.
2)
Linda Gallant, directrice régionale du CTC pour
le Canada atlantique, a écrit une lettre aux
conseils du travail locaux pour les encourager à
inclure des représentants et représentantes des
victimes du travail dans les ateliers locaux de
formation.
3)
Le directeur du Independent Living Resource
Centre, de Duncan (C.-B.), a tenu une
rencontre à son centre en mars 2001 pour les
victimes du travail désireuses de fonder un
groupe de soutien. Notre représentant
provincial a facilité la discussion et un groupe
de soutien a été formé, lequel se rencontrera
au Centre chaque mois.
Lors de la phase de développement du projet, nous
avons tenu des rencontres dans trois provinces dans le
cadre de notre programme d’information : NouveauBrunswick, Nouvelle-Écosse et Colombie-Britannique.
Nous avons passé au moins deux semaines dans
chacune de ces trois provinces pour organiser des
rencontres locales et des sessions de formation.
4)
La Fédération du travail du Nouveau-Brunswick
a organisé un colloque de trois jours sur les
victimes d’accidents et de maladies du travail
afin de les faire connaître davantage et de
nouer des liens entre le monde du travail et les
victimes du travail.
Nous avons reçu une aide considérable de la part de
groupes locaux et provinciaux : des lettres
d’encouragement du Congrès du Travail du Canada,
des groupes locaux d’invalides qui annonçaient nos
rencontres à leurs membres, BC Workers' Advisory
Service qui offrait de l’information supplémentaire et de
la formation aux groupes locaux, et des militantes et
militants locaux qui aidaient à renforcer les groupes
Le projet s’est terminé par un colloque de formation de
trois jours en mars avec la participation de
représentants et représentantes des victimes du travail
de la Nouvelle-Écosse, du Nouveau-Brunswick, de l’Îledu-Prince-Édouard et de l’Alberta. Chacune de ces
formations provinciales a décidé d’entreprendre des
démarches précises pour fonder des associations
provinciales une fois de retour chez elles.
Pendant la phase de recherche, nous avons interviewé
42 militants et militantes en faveur de victimes du
travail sur leur expérience à s’organiser, tant sur le plan
provincial que local. C’est à partir de ces entrevues que
nous avons mis au point le guide intitulé Coming
Together. Il compte 100 pages et couvre la gamme
d’activités et expériences des personnes interviewées.
Il comporte dans chaque chapitre de nombreuses
citations à partir des entrevues qui communiquent de
véritables expériences vécues. Un exemplaire de ce
guide a été distribué aux groupes locaux de victimes
d’accidents et de maladies du travail en avril 2001.
Une chose qui n’avait pas été anticipée a été l’effet sur
les personnes interviewées. Plusieurs ont déclaré avoir
acquis une nouvelle compréhension de leur propre vécu
grâce au processus de l’interview. Ces personnes ont
ressenti que c’était une expérience singulière que celle
de passer une couple d’heures à réfléchir sur les
activités et réalisations passées. Cette expérience les a
aidées à s’évaluer elles-mêmes ainsi qu’à évaluer le rôle
qu’elles jouent comme membres de leurs organisations
respectives.
Page 13
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
PROVINCIAL COMPARISONS ON "UNDER COMPENSATION" NF
NS
PEI
NB
QC
ON
MB
SK
AB
YT
1. IS THERE A PROVINCIAL / TERRITORIAL INJURED WORKERS' ORGANIZATION IN YOUR PROVINCE? IF SO, WHAT IS IT CALLED?
YES
NO
NO
NO
YES
YES
NO
YES
NO
YES
ON Ontario Network of Injured Worker Groups (ONIWG)
NF
Newfoundland & Labrador Injured Workers Association (NLIWA), Formed in 1993.
YT
Yukon Injured Workers Alliance (YIWA),
NB
Sparked interest to form a provincial group has resulted directly out of the "Coming Together" project (CIWA).
SK
Western Injured Workers Society - SASK. (WIWS-SK)
QC
ATTAQ - founded in 1981 (20 years)
2. TOTAL NUMBER OF LOCAL INJURED WORKER GROUPS:
14
5
2
5
8
A) HOW MANY OF THESE GROUPS ARE VERY ACTIVE?
0
B) HOW MANY OF THESE GROUPS ARE ACTIVE?
7
7-8
C) HOW MANY OF THESE GROUPS ARE NOT ACTIVE?
7
3.
22
2
2
6
1
BC
NO
12
8
1
1
8
1`
1
6
10
IN WHAT KIND OF PROJECT IS THE GROUP CURRENTLY INVOVLED?
ON
NF
BC
YT
NB
SK
QC
NS
Page 14
Peer Support, very good results; Chronic Pain, very good results; Cost of Living Campaign, in progress
Unfunded Liability Task force; CPP Clawback; Worker Advisor - but still a huge demand for representation; CPP Class Action Suit to stop WCB from reducing
benefits by CPP; Trying to find a location for a provincial camp that would function as an education center/retreat for injured workers.
Coming Together Project - looking forward to touring roughly 5 cities.
We have a seat on the WCB Advisory Panel. The Panel is presently finalizing it's views on a policy determining how a worker hurt on the job is to have his
benefits determined. Ongoing for three years and seems to be the cause of many injured workers' problems.; A future project might send out an anonymous
questionnaire to Yukon doctors requesting simple info regarding their involvement with the treatment of injured workers, as well as their views on WCB, and the
Medical Profession within the Yukon.
Participated in WHSCC Stakeholder meeting (Moncton, Nov. 8). NB Federation of Labour asked us to help them make a presentation which was colourful and
enthusiastic.
Dorcie Investigation - instrumental in the government launching an internal review of the WCB. Anxiously waiting the release of the results. This is SK's best
opportunity at justice on behalf of injured workers.; Western Injured Worker's Conference, "Opening Doors of Communication" - Government / M.O.L. successful; College & Physicians - successful - have good working relationship and open communication; Worker's Advocate - successful; WCB - successful we accept and respect each other.
In the last year, ATTAQ has worked with injured workers to revamp its platform of demands adopted in 1981. The new platform of demands was adopted last
fall at a special 2-day meeting with over 50 people present.
Chronic Pain Policy; Widows Benefits; Review of the WCB and the Act; Trying to form a provincial injured workers' organization, to have a more effective voice
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
NF
NS
AB
PEI
MB
PEI
NB
QC
ON
MB
SK
AB
YT
BC
Review of the WCB Service Delivery and Appeals Process; Working to form a provincial injured workers' organization to do research, supply information to local
groups and do presentations.
Working to build a provincial injured workers organization.
Peer Advocacy
4. DOES THE GROUP RECEIVE FUNDING? IF SO, FROM WHERE?
NO
SOME
NO
YES
YES
YES
NO
NO
ON Office of the Workers' Advisor, Ministry of Labour,
NF
Have had some project funding in the past. Seeking funding from HRDC
BC
Working on obtaining some.
YT
Are not now, and never have been. We undertook a government-sponsored highway litter pick-up project one year - which raised enough for an injured worker
get-together BBQ!
SK
CUPE - $1,000 a year.
QC
Ministry of Education, Secretary of Autonomous Community Action.
NS
We receive some local funding through organized labour and local fundraising.
MB Some funding is received from the WCB, and some limited local fundraising is done.
5.
WHAT ARE SOME OF THE STRENGTHS/WEAKNESSES OF YOUR GROUP?
ON
NF
BC
YT
NB
SK
QC
NS
AB
PEI
Strengths: Some support, some advocacy, information sharing.
Weaknesses: Too much worry about funding, Some do not motivate/involve their members enough
Strengths: Dedication of a large core of people that stay involved; Local media - get good coverage on the Radio, TV and newspapers.; Getting assistance for
office resources and from opposition parties and unions; Co-operation from WCB for referrals to the group; Good relations with Office of the Worker Advisor.
Weaknesses: Not going well in seeking financial assistance from unions; Need more representatives; Need more involvement from healthy, non-injured
workers and keep injured workers involved, after their own issues are resolved; Need a lobbyist in the house to lobby on behalf of injured workers.
Weaknesses: No productive communication - tend to get caught up in never-ending "b……" sessions.
Strengths: Good press and radio coverage when needed.; Greatest achievement - establishing the Yukon Worker Advocate Office.
Weaknesses: General burn-out and lack of interest/energy takes its toll.
Strengths: Willingness of Federation of Labour; Assistance from the Labour Councils; Good media support.
Weaknesses: Provincial CIWA rep. too busy; Insecurity; Lack of knowledge/skills/confidence; No provincial network.
Strengths: Close, honest, trusting relationship within our Board of Directors that filters down to the membership
Weaknesses: The core Board does all the work. There are not enough members willing to take on work.
Strengths: The way member groups work with injured workers; Clear idea of work; Practices they share and reflect upon.
Weaknesses: Difficulties with funding; Difficulty making sure that the services they offer encourage people to become active in collective action and not simply
consumers of services.
Strengths: Dedicated volunteers; Some strong local groups
Weaknesses: Distances between groups; Lack of Funding
Strengths: Dedicated individuals
Weaknesses: Burnout, Lack of Resources.
Strengths: Support from PEI Federation of Labour, Support from CIWA/ACVAMT, Committed Volunteers
Weaknesses: Internal problems
Page 15
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
COMPARAISONS PROVINCIALES SUR LA « SOUS-INDEMNISATION »
T.-N.
N.-É.
Î.-P.-É.
N.-B.
QC
ONT.
MAN.
SASK.
ALB.
YUKON
C.-B.
1.
Y A-T-IL UNE ASSOCIATION PROVINCIALE OU TERRITORIALE DE VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL DANS VOTRE PROVINCE OU
TERRITOIRE? SI OUI, QUEL EST SON NOM?
OUI
NON
NON
NON
OUI
OUI
NON
OUI
NON
OUI
NON
ONT. Ontario Network of Injured Worker Groups (ONIWG)
T.-N. Newfoundland & Labrador Injured Workers Association (NLIWA), fondée en 1993
YUKON Yukon Injured Workers Alliance (YIWA)
N.-B. Un intérêt a été manifesté pour former une association provinciale comme conséquence directe du projet Coming Together (ACVAMT).
SASK. Western Injured Workers Society - SASK. (WIWS-SK)
QC
ATTAQ – fondée en 1981 (20 ans)
2. NOMBRE TOTAL DE GROUPES DE VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL :
14
5
2
5
8
22
2
A) COMBIEN DE CES GROUPES SONT TRÈS ACTIFS?
0
8
B) COMBIEN DE CES GROUPES SONT ACTIFS?
7
7-8
8
C) COMBIEN DE CES GROUPES SONT INACTIFS?
7
6
3.
2
6
1
12
1
1
1
1
10
QUEL PROJET POURSUIT L’ASSOCIATION EN CE MOMENT?
ONT. Entraide : excellents résultats; douleur chronique : excellents résultats; campagne sur le coût de la vie : en cours.
T.-N. Groupe de travail sur le passif non capitalisé; disposition de récupération du RPC; conseiller ou conseillère des travailleurs et travailleuses : toujours une grande
demande de représentation; recours collectif contre le RPC pour empêcher la WCB de réduire les prestations par le RPC; recherche d’un lieu pour établir un
centre éducatif et de retraite pour les victimes du travail.
C.-B. Projet Coming Together : nous prévoyons visiter environ cinq villes.
YUKON Nous détenons un siège sur le comité consultatif de la WCB. Le comité est à mettre au point son opinion sur une politique qui déterminera ce que touchera
une victime du travail. Ce projet est en marche depuis trois ans et semble être à l’origine de beaucoup de problèmes pour les victimes du travail. Un projet à
venir prévoit qu’on fera parvenir un questionnaire anonyme aux médecins du Yukon afin d’obtenir des renseignements sur leur participation au traitement de
victimes du travail ainsi que leurs opinions sur la WCB et la profession médicale au Yukon.
N.-B. Nous avons participé à une réunion de la CSSIAT tenue à Moncton le 8 novembre dernier. La Fédération du travail du Nouveau-Brunswick nous a demandé de
l’aider dans une présentation qui s’est avérée haute en couleur et enthousiaste.
SASK. Enquête Dorcie : elle a permis au gouvernement de commander un examen interne de la WCB. Nous attendons avec impatience les résultats. Il s’agit de la
meilleure possibilité de justice en Saskatchewan pour les victimes du travail. Colloque Opening Doors of Communication des victimes du travail de l’Ouest –
gouvernement/ministère du travail : un succès. Collège et médecins : un succès; nous avons de bonnes relations de travail et une communication ouverte.
Workers’ Advocate : un succès. WCB : un succès; nous nous acceptons et respectons mutuellement.
QC
Au cours de la dernière année, ATTAQ a collaboré avec les victimes du travail pour restructurer sa plate-forme de requêtes adoptée en 1981. La nouvelle plateforme a été adoptée samedi dernier lors d’une réunion spéciale de deux jours rassemblant plus de 50 personnes.
N.-É. Politique sur les douleurs chroniques. Prestations aux veuves. Réexamen de la WCB et de la loi. Nous essayons de former une association provinciale de victimes
du travail afin d’avoir une voix plus efficace.
ALB. Réexamen de la prestation des services de la WCB et du processus d’appel. Nous travaillons sur la formation d’une association provinciale de victimes du travail
afin de faire de la recherche, de fournir des renseignements aux groupes locaux et de faire des présentations.
Page 16
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
T.-N.
N.-É.
Î.-P.-É.
N.-B.
QC
ONT.
MAN.
SASK.
ALB.
YUKON
C.-B.
Î.-P.-É. Nous travaillons sur la formation d’une association provinciale.
MAN. Intervention par les pairs.
4. L’ASSOCIATION EST-ELLE FINANCÉE? SI OUI, PAR QUI?
NON
EN PARTIE
NON
OUI
OUI
OUI
NON
NON
ONT. Bureau du conseiller des travailleurs et travailleuses, ministère du Travail.
T.-N. Nous avons déjà eu du financement. Nous recherchons du financement de la part de DRHC.
C.-B. Nous essayons d’en obtenir.
YUKON Pas présentement ni dans le passé. Nous avons déjà entrepris un projet de nettoyage des routes financé par le gouvernement, ce qui nous a permis de
récolter assez d’argent pour organiser une rencontre de victimes du travail autour d’un barbecue!
SASK.SCFP : 1000 $ PAR ANNÉE.
QC
Ministère de l’Éducation, secrétaire de l’Action communautaire autonome.
N.-É. Nous recevons du financement local grâce au mouvement syndical et à des activités de financement locales.
MAN. Un peu de financement de la part de la CAT et un peu provenant de nos activités de financement locales.
5.
QUELLES SONT CERTAINES DES FORCES ET FAIBLESSES DE VOTRE ASSOCIATION?
ONT. Forces : un peu de soutien, un peu d’intervention, partage d’information.
Faiblesses : trop de préoccupations au sujet du financement; certains groupes ne motivent pas assez leurs membres.
T.-N. Forces : engagement d’un grand nombre de personnes qui maintiennent leur participation; médias locaux : nous obtenons une bonne couverture à la radio, à la
télévision et dans les journaux; obtenir de l’aide pour des ressources de bureau et de la part des partis d’opposition et des syndicats; collaboration de la part de
la WCB en matière de personnes dirigées à l’association; bonnes relations avec le bureau du conseiller des travailleurs et travailleuses.
Faiblesses : ça ne marche pas bien pour obtenir de l’aide financière de la part des syndicats; nous avons besoin de plus de représentants et représentantes;
nous avons besoin de plus d’implication de la part des travailleuses et travailleurs non accidentés et nous devons maintenir l’implication des victimes du travail
une fois que leurs problèmes ont été résolus; nous avons besoin d’un agent ou d’une agente politique pour plaider en faveur des victimes du travail.
C.-B. Faiblesses : pas de communication productive; nous avons tendance à nous embourber dans des sessions interminables de rouspétage.
YUKON Forces : nous recevons une bonne couverture des médias quand nous en avons besoin; notre plus grande réalisation : l’établissement du bureau du
défenseur des travailleurs et travailleuses.
Faiblesses : l’épuisement professionnel généralisé et le manque d’intérêt et d’énergie laissent leurs traces.
N.-B. Forces : la volonté de la Fédération du travail; l’aide des conseils du travail; le bon appui des médias.
Faiblesses : le représentant provincial de l’ACVAMT est trop occupé; l’insécurité; le manque de connaissances, d’habiletés et de confiance; pas de réseau
provincial.
SASK. Forces : Une relation étroite, honnête et confiante avec notre conseil d’administration, laquelle se répercute jusqu’aux membres.
Faiblesses : le c.a. fait tout le boulot; pas assez de membres qui veulent assumer des tâches.
QC
Forces : la façon dont les groupes membres fonctionnent avec les victimes du travail; une idée claire du travail à faire; des pratiques qui sont partagées et sur
lesquelles on réfléchit.
Faiblesses : difficultés de financement; difficulté à faire en sorte que les services offerts encouragent les gens à devenir actifs collectivement et pas simplement
des consommateurs et consommatrices de services.
N.-É. Forces : bénévoles engagé(e)s; certains groupes locaux forts.
Faiblesses : la distance entre les groupes; le manque de financement.
ALB. Forces : des individus engagés.
Faiblesses : épuisement professionnel, manque de ressources.
Î.-P.-É. Forces : appui de la fédération du travail de l’Île-du-Prince-Édouard; appui de l’ACVAMT; des bénévoles engagé(e)s.
Faiblesses : des problèmes internes.
Page 17
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
The Worker’s Request
Seven Golden Rules
for More Effective Speaking
Unfurl our country’s greatest symbol
Of sanctuary and calm
And let the flag be lifted
By strong and callused palm.
Let her mourn us
The workers
Whose labours brought them death
For the wind brings our visit
And we rise to salute her yet.
Send forth your heart’s greatest
tributes.
For us
Who have crossed that final gate
Then recollect that the smiles
Which overcame the impossible task
Were smiles made of faith
Forever remember too
That the workers sing the nations
purest song
And when you gather to honour them
Unfurl our country’s greatest symbol
Of sanctuary and calm
Author: Albert Dumont
Member of the Ottawa and District
Injured Workers’ Group
[Dedicated to workers who die because of jobrelated accidents]
BY PETER URS BENDER
We all have to speak in front of others at times.
Here are some tips to be more powerful, memorable and
successful.
1. Don't read your speech. Write key points down
on note cards. Speak spontaneously and use the
cards as reminders.
2. Have your hands visible to the audience. Keep
them out of your pockets, and use them to
communicate.
3. Wait 3 to 5 seconds before you begin, then speak
more slowly than normal. This will feel
uncomfortable, but it helps you focus and makes
you look/sound more powerful.
4. Smile, Smile, Smile. An audience always reflects
the speaker!
5. Watch your listeners for their feedback. If their
body language says "Boring" do something
different.
6. At a personal moment in your talk, wink at your
audience. (left eye to people on your left, right eye
to those on the right. It makes people feel like
you're speaking to them.
7. Make your speech live. Put your heart and soul
into it. If it doesn't live, you die as a speaker.
A Fishing Story - Or Not?
After a day fishing in the ocean, a fisherman is walking from the pier carrying two lobsters in a
bucket. A Game Warden approaches him and asks to see his fishing license.
The fisherman replies to the warden, "I did not catch these lobsters, they are my pets. Everyday I
come down to the water and whistle and these lobsters jump out and I take them for a walk only to return
them at the end of the day."
Not believing him, the warden reminds him that it is illegal to fish without a license. The fisherman
turns to the warden and says, "If you don't believe me, then watch", as he throws the lobsters back into
the water.
water."
The warden says, "Now whistle to your lobsters and show me that they will come out of the
Page 18
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
The fisherman turns to the warden and says, "What lobsters?"
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
LETTERS TO THE EDITOR
Dear Editor:
Dear Editor:
Apr. 7, 2001 - I just wanted to thank you and Andy
for the great workshop you put on in New Brunswick.
It's the only time our group had an opportunity to
learn about organizing a provincial Injured Workers
Association, and that is something Nova Scotia and
many other provinces badly need. CIWA has opened
the door for Nova Scotia.
At the Coming Together Training Conference in
Memramcook, NB, you gave us the an opportunity to
meet for the first time with four groups from Nova
Scotia, and that is something that has eluded us for
some time. All representatives from all groups of Nova
Scotia had decided on a meeting in New Glasgow in
May so that we can see if we have common ground to
form a provincial organization. I sure hope things
work out for all groups. I especially like the way you
teamed up delegates from across the country to act
out different problems in situation. What I have
learned from other leaders on their approach will
certainly help my leadership skills.
CIWA has shown great knowledge and leadership to
many groups throughout Canada and that is
something we've been lacking for years.
Your organization has helped to fill the gaps, build
bridges, and shown us how to open doors. Your
tiredless efforts should be appluaded. You and I are
not the big winners here, it is all injured workers in
Canada. I will use what i've learned from your
conferene to help any and all injured workers in Nova
Scotia.
Steve, you and Andy please keep up the good work. I
look forward to our next conference.
Many Thanks,
Gary Penny, Cape Breton Injured Workers Association
I received my copy of HIGHLIGHTS on Thursday,
March 01. Great stuff and right on the mark! It is
encouraging to see that unnecessary monies are not
being wasted on extra colours in the newsletter.
Overall this publication is really doing what it says it
will; this newsletter is intended to share information of
interest to injured workers, union activists and their
supporters.
Sincerely,
Rose Naomi Pickell
DEAR ANDY
Dear Andy,
Our group members need training to help the group
be more effective. We could use training in leadership
skills, WCB, counseling and public speaking. I know
CIWA/ACVAMT does some training but we need more.
What can we do?
Signed, Perplexed in PEI.
Dear Perplexed,
I've got some good news for you. Within the last 6
months, we have received a number of invitations to
the Canadian Labour Congress (CLC) Schools.
The CLC sponsors training for its members in
partnership with some Federations of Labour and Local
Labour Councils. The training programs cover a range
of topics. We have a partial list at the CIWA office.
Give us a call.
For more detailed information, contact the CLC
representative in your region.
Dates to Remember:
APRIL 28, Day of Mourning
JUNE 1, Injured Workers' Day
Page 20
Good Luck, Andy.
�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
1201 Jasper Drive
Thunder Bay, ON P7B 6T6
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 17
�
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
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CIWA Highlights Newsletter Spring 2001
Description
An account of the resource
Articles about the injured workers movement: "ONIWG Intervention in Supreme Court"; Nova Scotia Appeal; US Workers. Also, "Poor Bashing........The Politics of Exclusion"; "Coming Together Manual" by injured worker activists from across the country; "Steelworkers Meet with Minister of Labour"; "Government of Alberta Law Reform Reports"; The Coming Together Project and Provincial Comparisons. Updates for CIWA/ACVAMT Youth Project participation and training; available scholarships; websites to check out; 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
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/b561d6fe21422899768a1351ced3ca11.pdf
00a6ffd7a9ee7249676926aa3f40655c
PDF Text
Text
CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422
Focus on Employer’ Attack
This issue of our
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...
EXECUTIVE OFFICERS…
NF...
NATIONAL COORDINATOR …
LAB
Patricia Dodd, St. John's
NLIWA
Phil Brake, Labrador City
USWA
NB...
NS... Dave MacKenzie, Pictou County
YT… Robbie King, Whitehorse
Yukon Injured Workers Alliance
President
Secretary
Treasurer
Phil Brake
Rob Lindsay
Patricia Dodd
ADVISORS…
Andy King, U.S.W.A.
Orlando Buonastella &
Marion Endicott, Injured Workers Consultants
STAFF …
Melanie Smith, Executive Assistant Monika Wiitala,
Bookkeeper, Desktop Publisher, Database Manager
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 …..?
We are pleased to announce that The Canadian Injured Workers Alliance has
now held ____________training sessions for the Youth Project in Ontario and
British Columbia!
The first training session was held in Thunder Bay, Ontairo
The second session was held in Orillia, Ontario
The third session was held in B.C.
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
DO YOU KNOW OF YOUNG WORKERS
Who Died as a Result of Their Work?
The Friends of the Quilt Committee has been looking for names of young workers (ages 15-24) who have been
injured or killed on the job. These names are included on the Quilt For Life, a quilt mural being created by visual
artist, Laurie Swim. This quilt was support to be completed in November 2001. The finished work will tour across the
country during the next two years.
The CAW Newsletter November/December 2001 invites you to be part of this exciting and worthwhile project. You
can spread the word about this Quilt, invite others to contact the Friends of the Quilt Committee to share their story,
making financial or in-kind donations, or even volunteer to help construct the quilt.
For more information, contact Laura Pascoe at the Workers Health and Safety Centre at 416-441-1939, 1-888-8697950, laura@whsc.on.ca
Page 4
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
WHAT’S A GOOD JOB?
The Importance of Employment Relationships
The Canadian Policy Research Networks recently released a study by Graham Lowe and grant Schellenberg on what it
is that makes a „good job.‟ Typically „good jobs‟ have been associated with so-called standard, full-time jobs and „bad
jobs‟ with contingent types of employment such as temp work, part-time jobs or self-employment. The study seeks to
flesh out our understanding of employment relationships from workers‟ actual experience.
The authors define employment relationships in terms of their legal basis and in terms of four social/psychological
components: trust, commitment, influence, and communication. Their conclusion is that “not all non-standard jobs
involve week employment relationships. Nor do standard jobs necessarily guarantee strong employment
relationships.”
This study merits serious attention from trade unionists as it offers new insights about the nature of both standard
and non-standard work. For instance, many temporary help agency workers consider themselves to be permanent
employees by virtue of their relationship with an agency. As a result, there could be as many as 50 per cent more
temp workers out there than typically thought. In a different vein, the study shows what many already suspected:
12 per cent of self-employed individuals have a “high overlap with paid employment – they could be „disguised
employees‟.”
The study fleshes out the legal arrangements governing employment. For instance, while virtually all unionized
workers have a written contract, less than one-half of non-unionized workers have only a verbal agreement with their
employer.
While some conclusions of the study will be self evident to most, i.e. the strength of individuals‟ appreciation of their
job largely reflects the environment in which they work, that a healthy and supportive work environment is the most
important factor in creating „robust‟ employment relationships, that organizational change, such as downsizing and
restructuring, is associated with reduced levels of trust, commitment and worker influence, the study contains many
findings that might be useful for both organizing and negotiation purposes.
Page 5
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
ROTATING SHIFTS HURT WORKER
Michelin man suffered a „disabling‟ ailment
Shift work that results in badly disrupted sleep
patterns and leaves workers unable to function safely
is a compensable workplace injury, a Nova Scotia
Page 6
Workers‟ Compensation Board appeals tribunal has
ruled.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Employer’s Attack
Strong words ... however, in the opinion of workers
injured on the job, these words are not strong enough.
Workers' Compensation is a mandatory, employer
financed, no-fault insurance system which was
designed to provide benefits to workers for workplace
injuries and diseases. The fundamental principles of
Workers‟ Compensation legislation were established by
The Meredith Royal Commission in 1913.
These principles, which were incorporated into all
provincial Workers'
Compensation legislation, have been grossly
misunderstood, misrepresented and distorted to the
benefit of employers.
Following are a few examples of such manipulation of
a system that was created to benefit both the
employers and the employees.
Security of payment: Many employers, across the
country, work to ensure that claims are not accepted.
Often, they do so by trying to prove that some preexisting condition is at fault. If you are active in
sports, hobbies or work around the house, the
employer frequently tries to link the injury to those
activities instead of work duties. Commonly,
applications for compensation are being denied and
delayed as the worker is considered guilty until s/he
proves him/herself innocent. Most importantly, many
employers are lobbying intensively that "benefit of
doubt" not be given to the worker.
No-fault system: With the "historic compromise",
workers gave up their right to sue the Employer in
exchange for fair compensation. No longer is this nofault system stable or an option for many workers.
The erosion of workers‟ rights, mainly the right to fair
compensation, may be directly related to the demands
of many employers to have less responsibilities placed
upon them and to employers attempts to deny
workers of their financial and moral rights.
Employer funded collective liability: "The sins of the
past and the present" have a lot of employers fighting
with all their might because they don't want a
collective liability fund. They only want to pay for their
own costs.
Administration by an independent agency: A number
of employers want independent investigators and
believe that management should be given these
responsibilities because employers don't trust the
Board. As such, the employers attack is directed at
the worker to avoid their liability and their
accountability.
Injured workers can not sue their employers: This
practice was supposed to benefit employers and
workers to avoid years of court cases & the costs
associated with that process. Today, giving up the
"right to sue" by the employee is not considered to be
in the best interest of the worker.
The employers attack is real, and it is believed to be
destructive to the healthy functioning of our society.
The employers attack is making a mockery of the Nofault system that was put into place to help and to
protect workers and employers. Today, workers
across the country would certainly oppose giving up
the right to sue, if we were considering an alternative
system!
Editor’s Note: …………………..
Page 7
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Employer’s Attack (continued)
In order to report to our readers on the subject of “Employer‟s Attack” for information on each of our provinces, we
asked our Steering Committee members the following questions:
1.
2.
3.
4.
5.
What are employers demands regarding Workers Compensation?
How do they promote their demands, do they have a strategy? For example, do they use other Provinces as
examples? Please explain.
How does the Government respond to the demands of employers?
Are employers successful in having their demands implemented? If yes, what are the issues?
How is the injured worker movement responding in each province?
These are the responses we received:
British Columbia
Northwest Territories / Yukon
In the Yukon, many employers are demanding that Workers‟ Compensation reduce assessment rates, create stricter
benefit payments to injured workers and employ an advocate for employers. In order to promote their demands,
employers use other provinces as examples. When we (injured workers and activists) point out that the Yukon is the
smallest jurisdiction in the country and that problems in other provinces are not necessarily applicable here, our
comments fall on deaf ears.
Employers‟ tactics are working because, unfortunately, the government listens to their demands. Here, the
government is a member of the Chamber of Commerce which we feel is grossly out of line!!! On the other hand, they
are not a member of the Yukon Federation of Labour.
Alberta
Saskatchewan
Manitoba
Ontario
Employers have many demands regarding the current compensation system in Ontario. The main issues appear to be
economically driven, for example, encouraging the Board to reduce employer premium assessment rates.
Employers also target entitlement issues, and more recently, early and safe return to work issues as well. The
strategy used by employers in seeking their demands is apparent both directly and indirectly. Employer
representatives meet with the WSIB (WCB) and Provincial Government on a regular basis to discuss and promote
their issues.
Another strategy is reflected in the rising number of employers who challenge and contest entitlement or related
decisions in a worker's claim. As a counter-attack, the Ontario Network of Injured Worker Groups continues to meet
Page 8
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
at bi-annual stakeholder meetings with the WSIB, where employer stakeholders are also present. ONIWG also meets
with the management of the WSIB to promote the interests of the injured worker community. ONIWG continues to
lobby both the WSIB and the Provincial Government in its efforts to achieve a fair and just system for all injured
workers in Ontario.
Lobbying comes in many forms, ranging from public demonstrations, letter-writing campaigns, petitions, and bringing
forth awareness to the issues affecting injured workers. The demonstration of June 1st, 2001 regarding the
Government's proposed Mega-Tribunal is a great example of how effective injured workers are when united and
working together to achieve a common goal. As a result of the demonstration, the Provincial Government pulled back
on the issue.
Quebec
LES EMPLOYEURS ATTAQUENT!
Des paroles dures… cependant, de l‟avis de travailleuses et de travailleurs blessés au travail, ces paroles ne sont pas
assez dures.
L‟indemnisation des travailleurs et travailleuses est un régime d‟assurance sans égard à la responsabilité, obligatoire
et financé par le patronat, qui a été conçu pour indemniser les salariés subissant des accidents et des maladies au
travail. Les principes fondamentaux de la législation sur l‟indemnisation des travailleurs et travailleuses ont été établis
par la commission royale Meredith en 1913.
Ces principes, qui ont été intégrés à toutes les législations provinciales d‟indemnisation des travailleurs et
travailleuses, ont été mal compris, déformés et dénaturés de façon éhontée au profit des employeurs.
Voici quelques exemples de pareille manipulation d‟un régime qui a été créé pour profiter tant au salariat qu‟au
patronat.
Garantie de paiement : Plusieurs employeurs au pays s‟efforcent pour que les réclamations ne soient pas acceptées.
Souvent, ils font cela en essayant de prouver qu‟une quelconque condition préexistante est en cause. Si vous êtes
actif ou active dans les sports, dans les loisirs ou dans les travaux à la maison, l‟employeur essaiera souvent de lier la
lésion à ces activités plutôt qu‟aux tâches professionnelles. Il est courant que les demandes d‟indemnisation soient
refusées ou retardées parce que le travailleur ou la travailleuse est considéré-e coupable jusqu‟à ce que cette
personne prouve son innocence. Mais surtout, plusieurs employeurs exercent des pressions intenses pour que le
« bénéfice du doute » ne soit pas accordé à l‟employé-e.
Régime d‟indemnisation sans égard à la responsabilité : Dans le cadre de ce compromis historique, le salariat a cédé
son droit de poursuivre le patronat en justice en échange d‟une juste indemnisation. Ce régime sans égard à la
responsabilité n‟est plus stable ni une option pour plusieurs salariés. L‟érosion des droits des travailleurs et
travailleuses, notamment le droit à une indemnisation équitable, peut être liée directement aux requêtes de plusieurs
employeurs d‟avoir moins de responsabilités qui leur soient imposées et aux efforts d‟employeurs de priver les salariés
de leurs droits financiers et moraux.
Responsabilité collective financée par l‟employeur : « Les torts du passé et du présent » font que beaucoup
d‟employeurs se battent de toute leurs forces parce qu‟ils ne veulent pas de fonds de responsabilité collective. Ils
veulent payer seulement pour leurs propres coûts.
Administration par un organisme indépendant : Nombre d‟employeurs désirent des enquêteurs indépendants et
estiment que cette responsabilité devrait échoir au patronat parce que les employeurs ne font pas confiance à la
Commission. Ainsi, l‟attaque de l‟employeur est dirigée à l‟employé-e afin que l‟employeur ne soit pas responsable.
Les victimes d‟accidents et de maladies du travail ne peuvent pas poursuivre leur employeur : Cette pratique était
censée profiter aux employeurs comme aux employés afin d‟éviter des années de litige devant les tribunaux ainsi que
les coûts afférents. De nos jours, céder « le droit de poursuivre en justice » par l‟employé-e n‟est pas considéré être
dans le meilleur intérêt du travailleur ou de la travailleuse.
Page 9
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
L‟attaque de l‟employeur est réelle et elle est considérée comme dévastatrice pour le bon fonctionnement de notre
société. L‟attaque du patronat bafoue le régime d‟indemnisation sans égard à la responsabilité qui a été institué pour
aider et protéger employeurs et salariés. Aujourd‟hui, les travailleurs et travailleuses d‟un bout à l‟autre du pays
s‟opposeraient certainement à l‟abandon du droit de poursuivre en justice si un autre régime d‟indemnisation devait
être envisagé!
Newfoundland
The 2000 Annual Report from Workplace Health, Safety & Compensation presented to Government, documents for
that year, Long-term disability caseload -2,561, Short-term claims - 6,541, Health Care Only Claims - 6,306 and
Accepted Fatality Claims -38. Conclusive proof that our workers are under attack… and with Governments consent!
Employers demand that assessment rates be lowered, that it is a disincentive because of the "high cost of doing
business here". They compare this province with other provinces that have lower premiums & lesser claims. They
insist that Case Managers at the Commission are not trying rigorously to "reduce and eliminate the financial liability to
the Employer". Blame is cast on the workers; they are not co-operating with their recovery or they are not trying
hard enough to get better. The worker is at fault for even having an accident and the burden on employers is the
workers' fault. They want lesser claims accepted and want the workers rights taken away.
They plead ignorance to Occupational Health & Safety procedures and Legislation. Justice and fairness is not an
option if you can't go back to work 100%. Once damaged, workers are no longer valued by their own employer, who
would prefer to send injured workers elsewhere to look for work. They expect & demand more investigation and
surveillance of the worker and not of the accident. It is not about prevention of an accident but covering it up.
The Injured Workers Movement is a volunteer, unfunded effort and we lobby Government and Workers compensation
to recognize that this employer strategy of attack is destroying lives, families and society. The bottom line: profits
are their priority!
Labrador
New Brunswick
Nova Scotia
Page 10
�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 11
�
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Title
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Canadian Injured Workers Alliance
Dublin Core
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CIWA Highlights Newsletter Spring 2002
Description
An account of the resource
Articles about CIWA/ACVAMT Youth Project with workshop on Workplace Health and Safety to youth; "What's a good job?- The Importance of Employment Relationships"; "Employer's Attack" -Workers' Compensation across the provinces.
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
2002
Format
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PDF
Language
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English
Type
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Text
Subject
The topic of the resource
Labour and Labour Unions
-
https://digitalcollections.lakeheadu.ca/files/original/e53e9eefff7a8fccddae0ba9b36c0f8c.pdf
d6dbe57f50715b1de37f4e7573bd3319
PDF Text
Text
CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422
50/50 Draw
Special Thanks
We would like to express our sincere gratitude to Sherri Scott, our Board
Member in Fort MacMurray, Alberta; Tammy McCallum and Deborah RiceSolomons, employees with Canadian Natural Resources Ltd. (CNRL) who
were key to organizing and conducting the 50/50 Draw on behalf of the
Canadian Injured Workers Alliance, on January 17, 2008. Tammy and
Deborah were instrumental in recruiting
volunteers to sell tickets and ensuring all
aspects of the draw were a success.
The lucky winner of the $10,000 draw was:
Dave Nicholson, an employee with Wabi
Contractors.
Pictured: (L-R) Sherri Scott, Dave Nicholson, Tammy McCallum
Thank you to all involved including the employees and contractors for the
Horizon Group, and CNRL that rewarded us with fundraising efforts of
$ 10,000.00 !!!
Inside …..
CIWA/ACVAMT Contacts ............................................................. 2
Provincial Reports (BC) ............................................................... 3
Provincial Reports (SK) ................................................................ 4
Saskatchewan Privacy Commissioner “Breach of Privacy” Report .... 4
Provincial Reports (ON) ............................................................... 5
Provincial Reports (NS) ............................................................... 5
Railway Safety Act Review ........................................................... 6
Tidbits from Workers Health & Safety Centre ................................ 6
Ontario Ministry of Labour
New Employment Standards Act (ESA) Poster for Workplaces ...........
New Workplace Safety DVD Distributed
to All Ontario High Schools ........................................................ 7
WSIB Announces Review of Experience Rating Program ................. 8
Internet Resources: On-line Medical Dictionary ............................. 8
Bill 14 ......................................................................................... 9
Stakeholder Submissions on Bill 187 Interim Changes .................... 9
Trick Question ........................................................................... 10
Sentencing for Quebec workplace death a first ............................ 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 gro ups 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
As the widow of an injured worker and the mother of an
injured worker, a statement I made many years ago has
since been quoted many times by various sources,
including industry newsletters and Hansard, BC
legislature. “No one should have to go through what
our family did. Every BC family has the right to expect
their family members to come home at the end of the
day, and our political leaders and agencies charged with
the responsibility of protecting workers must make sure
that happens.” 1
most at risk for workplace injuries than workers of any
other age group. More than half of workplace accidents
involving workers aged 15 to 24 occur during the first six
months on the job, almost 20 percent occur during the
first month on the job. Young males under the age of
25 are at the highest risk for a workplace injury in BC;
every day 36 young workers are hurt on the job and
that every week, 5 of these workers are permanently
injured. 4
While I believed it then and I believe it now, I also have
come to realize that while political leaders and agencies
charged with the responsibilities of making sure our
family members come home safely are responsible as
well. We know all too well, first hand what happens
when workers are killed or injured on the job and
according to the statistics the amount of injured workers
killed or injured are still unacceptably high. Solutions
must include input from injured workers and survivors
that have the motivation and passion to make change.
There needs to be full stakeholder involvement in
collaboration with our political leaders and agencies to
find solutions that work so that more BC workers come
home to their families each year, without injury.
1
In 2005 there was a 40%
increase in fatalities from
the previous year, 2004.
188 workers died as the
result of a workplace
injury, this is recorded as
the highest level in 25
years.
The active participation of the
many stakeholders in BC
including, injured workers,
family members and
survivors, who completed
surveys, advocates, union
reps, employers and various
organizations who deal with
injured workers who
participated in focus groups
and representatives from the
ministries of labour and health and the WCB/WorkSafe
who participated in interviews ensured a comprehensive
collection of data that was required to gain a clear
overview of the issues faced by injured workers and
what is needed for a centre in BC to be effective.
“This included 11 young
workers (5 of the 11
worked in the construction industry) 43 fatalities in the
forest sector and 39 deaths in the construction
industry”. 2
Fatalities for forest industry workers for that past years
include forty-three lives lost in 2005, 12 lives lost in
2006 and for 2007 up to the end of February 14, there
were already three lives lost. 3
Three out of every four young workers claims are for
young males. The injury rate for young male workers is
about 33 percent higher than the overall injury rate in
B.C. WCB/WorkSafe reports that each hour in BC, 1
young worker is hurt on the job. Young workers are the
2
MacAhonic, P. National Day of Mourning Service. (1998)
Health and Workplace Safety. A brief by the British Columbia
Federation of Labour. April 2006.
3
BC Forest Safety Council, Safety Statistics,
http://www.bcforestsafe.org/content-nav-stats/nav-stats-1-about.htm
Accessed February 14, 2007
4
Safety at Work, Frequently asked questions.
http://www2.worksafebc.com/Topics/YoungWorker/FAQ.asp Accessed
February 2007.
Over the past months in my role as Western Canada
Advisor for CIWA and an MBA student, Royal Roads
University I have been diligently working on a feasibility
study for an Injured Worker Centre in BC for the
Canadian Injured Workers Alliance.
The study is complete; the CIWA team, which includes
the board and advisors, are ready to conduct the next
steps, which are review of the plan and strategies
regarding the study.
I want to commend the hardworking CIWA Team, who
actively supported me throughout this process. A
special thank you goes out to Dr. Lynn Shaw, Advisor,
Page 3
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
Robert Lindsay, Phil Brake, and Sherri Scott, as well as
Monika who fielded stray faxes and emails and made
sure they arrived to me in BC. I also want to extend a
special thanks to Liz Davies from the BC Persons with
Disabilities Office who arranged and donated space, as
well as Jim Parker from the BC Nurses Union who
recruited participants and also provided meeting space.
Jim has been an invaluable support and colleague for
many years. Also George Allen from the BC Southern
Injured Workers Group, who arranged and organized
meetings and who actively, has made a difference for
injured workers for many years in his region. Finally, I
would like to thank Jan Siwinski, management
consultant who volunteered her time to facilitate focus
groups for this project.
I look forward to our next steps and the improvement of
conditions for injured workers and their families all
across Canada.
Yours in solidarity,
Patti MacAhonic, BA, MBA Candidate
Western Canada Advisor, Canadian Injured Workers
Alliance
SASKATCHEWAN
YOUTH DEVELOPMENT PROGRAMS IN SASKATCHEWAN
In the Province of Saskatchewan, the Western Injured
Workers Society has been working hard at getting our
Government to allowing us to implement our Youth
project in the Schools.
come out of it. They were doing some program training
in the past, but we are uncertain if they are continuing
on.
We will look into that area with the SFL.
The N.D.P. Government had showed some interest in
the program but the main issue was, if they were to
implement the program into the curriculum, then who
would be responsible to teach it. This issue has forced
everything to come to a halt.
Some Unions have youth teams within their own locals,
but not doing any training for Youth outside of their local
Unions.
Now that we have a new Government, hopefully we can
work with them in regards to implementing our program
into the schools of Saskatchewan.
The Saskatchewan Federation of Labour (SFL) also has a
Youth program, but we haven't seen very much action
CIWA must get the ball rolling with the provincial
organizations to ensure our Youth Project continues on
in all Provinces.
Yours Truly
Robert Lindsay
President/ CIWA
SASKATCHEWAN PRIVACY COMMISSIONER “BREACH OF PRIVACY” REPORT
Fellow Injured Workers,
For the past 10 years, I, like many IW‟s have been
conditioned to believe we have little by way of legal
recourse against WCB, much less the option to sue this
corrupt bureaucracy. Well, as fate would have it, the
Saskatchewan Privacy Commissioner has inadvertently,
provided us with a means in which to pursue such
litigation.
On March 28th, 2007, the Privacy Commissioner released
a 78 page report, regarding a “Breach of Privacy”
complaint against the Saskatchewan Workers‟
Compensation Board. In this report, the Commissioner
found 3 specific areas where a claimant‟s privacy was
clearly violated. As it turns out, these same violations
can be found in countless WCB claims in Saskatchewan,
Page 4
and I firmly believe they‟re common in other
jurisdictions as well.
I‟ve compiled all relevant information regarding these
privacy breaches, and posted it on a recently published
website. Injured workers who have been wrongfully
denied WCB benefits will find this information of
particular interest, as nay claimant with respects to
these violations.
You‟ll find this website at:
http://tombrownskwcb.tripod.com/saskatchewa
nwcbbreachofprivacy
Regards,
Tom Brown (Injured Workers, SK)
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
ONTARIO
ONIWG has had a busy year; our PAC has worked
hard with Labour and our friends in the Legal
community to win some small victories. We can‟t
forget our injured workers who are always front and
centre at all events. THANK YOU INJURED
WORKERS!!!!!!!!
Here are a few Highlights:
We made them move on the deeming issue:
MOL and the Liberals that is.
How it will fall out remains to be seen.
We received 2.5 % increase in our partial
LOES for June 2007, January 2008, and
January 2009. The next step is to have
it be permanent.
We have held our June first Demo: our
attendance at Queen‟s Park was quite
high thanks to Labour.
Have attended Day of mourning.
RSI day
Demonstrated in front of the MOL‟s (Steve
Peters) constituency office to show our
displeasure with the way deeming was being
interpreted by WSIB. This was during the
election in October; again a good turn out
by the London injured workers, Hamilton,
Toronto and again Labour. I am sure I
missed some group and I sincerely
apologize.
We have forged new alliances with other
disability groups in our province. The trick is
to follow up and keep building.
Our ongoing relationship with researchers is still
strong with Steve Mantis and the RAACWII
research and I with CIWA‟s KET or knowledge
transfer. While sometimes I feel like we are being
studied to death (INJURED WORKERS that is).
I feel that the research gives many of us a voice
and a platform for making change. We are
thinking of putting together a conference to bring
a lot of the researchers together to compare and
share the knowledge gathered. This is still in the
infancy stage.
We are currently trying to meet with the
new MOL and his staff to ask for more
change and to follow up on any promises
made in the last election that they have
not delivered on. NOTE: not this election but
the first one the Liberals won remember
Dalton„s promise on a fair system for injured
workers.
DECEMBER 11 DAY of ACTION will be held
at the MOL office and while the usual crowd
will be on hand Sid Ryan has expressed
interest in speaking. He may be able to
draw a bit more press.
Well that is all I can think of for now Gerry. I hope
your meeting is fruitful and that our new year brings
us closer together as injured worker groups and
friends. And let us all reflect on our blessings no
matter how small and be thankful over this holiday.
Sincerely:
Peter Page
President ONIWG
NOVA SCOTIA
Since our last meeting, I have been very busy helping
injured workers receive what is coming to them. I
have been successful in helping eight different people
receive their benefits for WCB. Four of them received
the money that was owed to them. I have never
charged any one for services. I had three CPP cases
and was successful in all three.
The South Shore Injured Workers are very active, and
doing quite well. The Pictou County Injured Workers
held a very successful Day of Mourning Ceremony on
April 28, 2007. I attended the service of David Day in
Stellarton and laid a wreath on behalf of the Town of
Westville, of which I am the Deputy Mayor. Since no
one showed up from the New Glasgow District Labour
Council, I was asked to lay their wreath as well, since
I am the Past President of the Labour Council.
The present Conservative Government of Nova Scotia
is trying to pass a law in the Legislature on the next
sitting to make a “No Strike” Law on Health Care
Workers. At this time the opposition N.D.P. and the
Liberals are going to vote against this Bill. The Nova
Scotia Federation of Labour and government workers
Page 5
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
are staging a protest to try to convince the
government of the day to rescind their motion.
Hopefully, this Bill will be defeated.
At this time, I would like to say thanks to our National
Coordinator, Mr. Phil Brake, and our President, Mr.
Robert Lindsay for a job well done. Keep up the good
work. It‟s not easy.
Sincerely,
Dave MacKenzie, Nova Scotia.
December, 2007
Railway Safety Act Review
Address and information: / Renseignements généraux:
Tim Meisner, Executive Director / Directeur exécutif,
Railway Safety Act Review Secretariat / Secrétariat sur l'Examen de la Loi sur la sécurité ferroviaire
180 Elgin Street, Suite 901, Ottawa, Ontario K2P 2K3
Tel/Tél: (613) 998-6462 / Fax: (613) 998-8274
E-mail: RailwaySafetyActReview@tc.gc.ca / Courriel: ExamenLoiSecuriteFerroviaire@tc.gc.ca
I am pleased to announce the release of Stronger Ties:
A Shared Commitment to Railway Safety, the report of
the Railway Safety Act Review Advisory Panel. You may
view, download or request a copy from the website at:
www.tc.gc.ca/tcss/RSA_Review-Examen_LSF.
On February 20, 2007, the Honourable Lawrence
Cannon, Minister of Transport, Infrastructure and
Communities announced the appointment of a fourmember Advisory Panel to assist him in conducting a
review of the Railway Safety Act (RSA). In the course of
its work, the Panel consulted with a broad range of
stakeholders across Canada, including the public, railway
companies and their industry associations, railway
employees and their unions, the provinces and
territories, municipalities, aboriginal and environmental
groups, Transport Canada, and other federal
departments and agencies.
The Panel held 15 public consultation meetings, heard
from over 70 presenters and received over 180 written
submissions from a variety of stakeholders. Panel
members also visited a number of sites to gain further
insight into rail operations and safety.
The input of stakeholders was important to the work of
the Panel and its members were impressed with the
cooperation and level of interest that the Review
generated.
Page 6
Je suis très heureux d'annoncer la parution de Renforcer
les liens: un engagement partagé pour la sécurité
ferroviaire, rapport du Comité consultatif sur l'Examen
de la Loi sur la sécurité ferroviaire. Vous pourriez le
consulter ou le télécharger à partir du site Web, ou
encore en demander une copie du rapport à l'adresse
suivante :
www.tc.gc.ca/tcss/RSA_Review-Examen_LSF.
Le 20 février 2007, l'honorable Lawrence Cannon,
ministre des Transports, de l'Infrastructure et des
Collectivités a annoncé la nomination d'un comité
consultatif formé de quatre membres pour l'aider à
mener un examen de la Loi sur la sécurité ferroviaire
(LSF). Au cours de l'Examen, le Comité a consulté un
large éventail d'intervenants partout au Canada. Le
Comité a tenu 15 séances de consultation publique, a
entendu plus de 70 présentations et a reçu plus de 180
mémoires. En outre, les membres du Comité ont visité
une variété de sites afin de mieux connaître les enjeux
de l'exploitation ferroviaire et de la sécurité.
L'apport des intervenants était important pour le travail
du Comité et ses membres ont été impressionnés par la
coopération et le niveau d'intérêt manifestés pour
l'Examen.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
ONTARIO MINISTRY OF LABOUR
New Employment Standards Act (ESA) Poster for Workplaces
www.labour.gov.on.ca
TORONTO, Feb. 27 /CNW/ - The province is publishing
a new version of a poster about the Employment
Standards Act (ESA) that most Ontario employers will
be required to post in the workplace.
The poster outlines worker and employer rights and
obligations and reflects recent changes to the ESA,
regarding:
- Minimum wage
- Reservist leave
- Declared emergency leave
- Family Day and
- Employees who qualify to take a family medical
leave.
"Recent changes to the Employment Standards Act are
helping both workers and employers and moving
Ontario forward in healthy and productive ways," said
Ontario Labour Minister Brad Duguid.
The ESA requires all workplaces regulated by the act
to post the document in English and the majority
language of the workplace. The poster will be
available in 21 languages besides English and French,
recognizing the diversity in Ontario's productive
workplaces.
Labour's website or by visiting a Service Ontario
Centre. It can also be ordered from Service Ontario
Publications, for the cost of shipping and handling.
The poster is available in English, French, Arabic,
Bengali, Chinese (Traditional), Chinese (Simplified),
Dari, Farsi, Filipino, Greek, Gujarati, Hindi, Italian,
Korean, Oji-Cree, Polish, Portuguese, Punjabi, Russian,
Spanish, Tamil, Urdu and Vietnamese.
Background information:
Pursuant to the ESA, section 2(3), most employers will
be required to post version 4.0 of "What You Should
Know about The Ontario Employment Act" once it is
published. From February 15 to 11, 2008, as a
transition, employment standards officers may
compliance orders for failure to post the new version
of the poster. Notices of contravention or prosecutions
may be initiated only failure to comply with a
compliance order. Failure to post the version of the
poster is a contravention under the act.
On and after April 12, officers may use the full range
of enforcement to ensure that employers are
complying with the requirement post version 4.0,
including issuing notices of contravention with
penalties.
All language versions of the poster continue to be
available free by downloading it from the Ministry of
New Workplace Safety DVD Distributed
to All Ontario High Schools
Our Youth at Work (OYAW) launched a new workplace safety DVD on September 27, 2007 to inform youth, parents
and employers of the dangers young workers face when they first enter the workforce. OYAW believes this new
format will enable it to reach more students more efficiently, and empower young workers to ask their employers
questions so they know the risks involved in their jobs. A copy of this DVD has been sent to every high school in
Ontario. For more information about Our Youth At Work, visit its web site at:
http://www.oyaw.com/index.cfm?i=2852.
Page 7
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
WSIB Announces Review of Experience Rating Program
March 10, 2008
http://www.newswire.ca/en/releases/archive/March2008/10/c2446.html
TORONTO, March 10 /CNW/ - Workplace Safety and
Insurance Board (WSIB) Chair Steven Mahoney, P.C.,
announced today that the WSIB is conducting a review
of its Experience Rating program. Also, effective
immediately, if a company is responsible for a workplace
fatality, they won't be eligible for a rebate from the
WSIB.
The review will make recommendations to modernize
and strengthen the program, in areas such as:
accounting for legislative non-compliance, creating a
process to validate workplace health and safety
performance, and a long-term plan to directly tie all
incentive programs to proactive health and safety
initiatives.
Experience rating is a cost-based incentive program
intended to promote good health and safety practices,
early and safe return to work and appropriate disability
management practices. In this program employers
receive rebates or surcharges according to their
performance based on claims costs. Under certain
circumstances, it is possible for a company to have a
traumatic workplace fatality and still receive a rebate
from the Experience Rating program. This is because
Experience Rating is a cost-based program and some
fatalities do not result in high costs; for instance, if a
worker didn't have dependants.
"The Experience Rating program should raise the bar by
rewarding excellent results in health and safety,
prevention and return to work," said Mahoney. "The
program has been effective in getting the results we
need, but I know more can be done with Experience
Rating to improve health and safety for the workers and
employers of Ontario. We are strengthening this
program so that it is fairer, better leverages our partners
in prevention, provides direct incentives to improve
health and safety, and gets us to our goal of zero
injuries, illnesses and fatalities."
"It is unacceptable to me that a company responsible for
a fatality would still get a rebate cheque from the
WSIB," said Mahoney. "Our five-year strategic plan is
the Road to Zero, and that is the only acceptable
number of fatalities."
Mahoney also called for a review of Experience Rating to
find other areas of improvement and better align the
program to the Road to Zero.
Ontario's Workplace Safety and Insurance Board (WSIB)
plays a key role in the province's occupational health
and safety system. The WSIB administers no-fault
workplace insurance for employers and their workers
and is committed to the prevention of workplace injuries
and illnesses. The WSIB provides disability benefits,
monitors the quality of healthcare, and assists in early
and safe return to work for workers who are injured on
the job or contract an occupational disease.
For further information contact:
Christine Arnott, WSIB Media Relations, (41
6)
344-4202, christine_arnott@wsib.on.ca
Internet Resources: On-line Medical Dictionary
MedicineNet.com is a free web site that has an on-line medical dictionary called, “MedTerms.” It provides an
alphabetical listing of diseases and their treatments; a similar listing of medications, their uses and side effects; and a
dictionary providing layperson explanations for more than 16,000 technical medical terms as defined by medical
doctors. Other sections of the web site offer indexes of common symptoms and common medical procedures and
tests. You can access all of this information at:
www.medicinenet.com.
Page 8
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
BILL 14
The Law Society of Upper Canada(LSUP) with the
aid of the McGuinty Liberal Government has
passed what is known as Bill 14. This Bill was to
have the LSUP regulate paralegals in Ontario.
However, the language in the Bill not only regulates
paralegals, but with the twists and turns of all that
legal jargon, it has affected our group of volunteers
trying to help other Injured Workers at no charge.
The Bill calls for every paralegal to be licensed and
insured. The application for the license is about
$500.00 and the exam is $,1000.00. If you don't pass
the first time they give you a break on the second
exam at a cost of $975.00, and you must carry the
Errors and Omissions Insurance. (note: the costs are
approx since this dates back to April of 2007)
We are a non funded, not-for-profit registered
organization which has been lobbying for injured
workers for almost 25 years. But now, we can not
represent or give legal advice to an injured worker
according to this Bill.
Some exemptions from being licensed and insured do
exist. However, as a volunteer we can only help
family, friends, or neighbours without breaking the
law.
This past week, I had a WSIB claims adjudicator and
her manager call me and the injured worker to see if
in fact we were friends. I believe that the Good
Samaritans Act was put into place so that we could
help one another without having the fear of breaking
the law, or being scrutinized as to who is my friend or
not.
There is a simple solution that we have tried to have
solved by means of conference calls way back to April
of 2007, emails to the LSUC Paralegal Services,
meetings with our MPPs, even a meeting with the
former Minister of Labour. Nothing as been changed
thus far.
All we are simply asking, is that the "interpretation"
of an injured workers group be changed from the
present definition which you can find for yourself at
this link (www.lsuc.on.ca/regulation/a/bylaws/bylaw4) in Section 31 (1) where it states that an
exemption will be given to an injured workers group
providing they are funded by WSIB, simply drop the
funded by WSIB and we can advocate for injured
workers and help our fellow workers.
We have made it quite clear that we are NOT
FUNDED, and WE DON'T CHARGE for services, and we
DON'T TAKE A PERCENTAGE OF THE CLAIMS WHEN
WON, nor do we EXPECT payment at all. Albeit, the
LSUC has not changed the interpretation.
We ask that you please support us and send a
message to your MPP asking for their support in
changing the interpretation, send a letter to the
Premier, the LSUC, the editor of your local paper. We
need strength in numbers, and lastly, we ask that you
forward this to all Ontario residents in your address
book. Send us a copy of the letters as well at
info@tbayinjuredworkers.ca .
Please, if you feel like you want to protect your right
to free consultation on WSIB issues you must act now.
Thanks for your time, and I look forward in hearing
your thoughts and comments on this very important
issue. If we let them take away your right to free
representation, what will they target next, back yard
mechanics? Enough is Enough!
Thanks, Bob
Thunder Bay & District Injured Workers Support Group
807-622-8897 // em: info@tbiw.on.ca
Stakeholder Submissions on Bill 187 Interim Changes
The Ontario Government passed Bill 187, the Budget
Measures and Interim Appropriation Act, 2007, on May
17, 2007, which resulted in four significant changes to
the Workplace Safety and Insurance Act, 1997,
effective July 1, 2007. These changes include
amendments to the cost-of-living indexing formula;
opening previously locked-in 72-month Loss of
Earnings (LOE) and 60-month Future Economic Loss
(FEL) awards when there has been an increase in
disability; replacing the concept of "deeming" with the
concept of "determining" and the introduction of the
concept of “availability” in employment when
determining post-injury earnings; and increasing the
Loss of Retirement Income (LRI) threshold from
$1,166.41 to $3,000.
Page 9
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
The WSIB revised existing policy documents that were
affected and created a new policy. Stakeholders can
provide written feedback on these interim policies until
November 1, 2007. For more information on the Bill
187 consultation, visit the WSIB‟s web site at:
http://www.wsib.on.ca/wsib/wsibsite.nsf/Public/Policy
Bill187Consultation. For a copy of all of the WSIB
Operational Policies that were amended on October 3,
2007 to incorporate the changed wording because of
the above-mentioned interim policies, visit the WSIB's
web site at:
http://www.wsib.on.ca/wsib/wopm.nsf/home
/opmhome.
TRICK QUESTION:
Reproduced from a Poster from the Back Association of Canada
Drawing reproduced by the talents of Kevin Turtle
Which is better for your back:
Lifting 10 pounds of feathers, or 10 pounds of Lead ?
Most people know a few BACK BASICS when it comes to picking things up and putting them some place else. For
instance:
Bend your knees. Bend them, pick up the object, then straighten them up. Why? So your leg muscles – which are
bigger and stronger than your back muscles – can take most of the weight.
Hold objects close to your body. For example, if you lift 10 pound load with the weight 14 inches from your
body, you will be lifting the equivalent of about 150 pounds!
Many people don‟t realize that, when it comes to lifting, there‟s more to think about than weight. For Instance:
What’s the shape of the object you are lifting?
What’s its size?
Does it have handles?
Is it slippery, or easy to grip?
Which brings us back to our trick question.
A box containing ten pounds of lead is a lot easier to pick up than a
box containing ten pounds of feathers because a box of lead is much
smaller, and more compact. You can easily hold it close to your body,
and get a good grip.
MORE LIFTING TIPS:
1. Your back is strongest when its muscles are in a natural position. That is, when the normal curve in the low back
is neutral, rather than exaggerated or creased. What if you must life something while your back is bent forward,
or arched backward? The answer is simple. You can‟t lift as much.
2. Don‟t lift and twist at the same time. Instead, lift the object, then turn your body by moving your feet. This may
sound like more effort but it isn‟t. It just takes a moment longer.
3. It‟s easier to lower a weight than to lift one. But don‟t be fooled. Many back injuries occur because people think
they can lower something heavy … and then get hurt when the object falls and they must try to catch it.
THE MORAL: Think ahead. Plan the lift before you begin … Not after you get into trouble.
Page 10
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Sentencing for Quebec workplace death a first
2005 Accident; Transpave Inc. to learn penalty for disabling safety device
Graeme Hamilton, National Post Published: Tuesday, February 26, 2008
MONTREAL - A Quebec paving-stone manufacturer is
set to appear for a sentencing hearing today after
becoming the first company in Canada to be convicted
of criminal negligence causing death as the result of a
workplace accident.
In a case that is being followed in boardrooms across
the country, Transpave Inc. of Saint-Eustache, north
of Montreal, pleaded guilty in Quebec Court in
December to a charge stemming from the 2005 death
of labourer Steve L'Ecuyer.
Mr. L'Ecuyer, 23, was crushed to death by machinery
as he tried to clear a backlog of stones on the
production line. An investigation by Quebec's health
and safety board discovered that a safety device
intended to prevent such an accident had been
deliberately disabled for most of 2005 and 2004.
The conviction is the first since the federal
government amended the Criminal Code in 2004 to
make it easier to charge companies for health and
safety offences. The amendments were in response to
the 1992 Westray mine disaster in Nova Scotia, in
which 26 men were killed but no criminal convictions
resulted.
Cheryl Edwards, a Toronto lawyer specializing in
workplace safety issues, said the Transpave case will
likely lead to more criminal prosecutions. So far,
Crown attorneys have been content to allow
occupational health and safety tribunals decide the
cases, but the Transpave case signals that a criminal
conviction is possible.
"When trade unions and families press very hard for
action on the part of the police and Crown attorneys,
generally speaking, that is influential," said Ms.
Edwards, a partner with Heenan Blaikie. "When the
general public gets mad about a Westray, or they get
mad about a high-profile death, there's more of a
tendency for the police and the Crown attorneys to
say, 'No, we're not going to just leave this to the
[occupational health and safety] process. We're going
to treat it as a crime.' "
Martin Cauchon, who was Liberal justice minister when
the changes became law as Bill C-45, said he hopes
news of the Transpave conviction will result in greater
caution among employers.
"The law is not what it used to be. The legislator is
really serious about workplace safety," he said. "When
I talk to the corporate world, it seems that they're still
not aware of the situation. With that first conviction,
even though it's a guilty plea, people will read the
judgment and be more careful in the future."
Mr. L'Ecuyer had just relieved a co-worker who was
going on break when the fatal accident occurred on
Oct. 11, 2005. He was trying to manually free stones
that were blocking a machine when an apparatus used
to arrange the stones on pallets descended and
crushed him.
Workplace-safety investigators found that a safety
barrier meant to prevent the machine from operating
when someone was underneath it had been disabled.
Workers said it was disconnected because it was
causing production slowdowns. There was also
evidence that a member of management was aware of
the situation but did nothing to correct it.
There is no limit on the possible fine, and the Quebec
Federation of Labour wants the court to levy a
substantial penalty. "The court now has the duty to
impose an exemplary sentence to send an unequivocal
message to employers who make a mockery of the
health and safety of their workers," QFL president
Michel Arsenault said in a statement.
Ms. Edwards said employers are taking note. "The
good corporate citizens in Canada sat up in 2004,
when C-45 was passed, and asked, 'How do we make
sure we're compliant?' Now they're sitting up again
and saying, 'Let's check again and make sure we're
not doing something that contravenes the Criminal
Code.' I think it's being watched nationally," she said.
ghamilton@nationalpost.com
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
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Title
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Canadian Injured Workers Alliance
Dublin Core
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CIWA Highlights Newsletter Spring 2008
Description
An account of the resource
Announcement of winner of 50/50 draw. Reports on the state of injured workers rights in British Colombia, Saskatchewan, Ontario, Nova Scotia. Articles on recourse for the Workers Compensation Board breaching client privacy, review of the Railway Safety Act, a new Employment Standards Act poster for workplaces in Ontario, new workplace safety video sent out to Ontario high schools, a review of the WSIB Experience Rating Program, a digital medical dictionary, Bill 14, changes to Bill 187, tips for safe lifting, the sentencing of the first corporation in Canada to be convicted of criminal negligence causing death in a workplace accident.
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
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PDF
Language
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English
Type
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Text
Subject
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Labour and Labour Unions
-
https://digitalcollections.lakeheadu.ca/files/original/a726cdf6e285fc22255d30fcbaeecb28.pdf
a76fba59bdd82206ed74cf8beacca7d3
PDF Text
Text
CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422
Severance Pay - Law Overturned:
Disabled workers must get same compensation !
Employment Standards Act (ESA) section violates charter of rights !
In a ruling hailed as a major milestone, Ontario’s highest court has struck
down part of a law that allows employers to deny severance packages to
disabled workers who can no longer continue in their jobs.
Read more on page 8
Accessibility for Ontarians with Disabilities Act
(AODA) 2005
Replaces: Ontarians with Disabilities Act (ODA) 2001 /
The ODA was often maligned for its lack of teeth. Now broader disability
legislation has been passed by Dalton McGuinty’s government – May 10/05.
In 2001, the Ontarians with Disabilities Act was passed. Advocates quickly
dismissed it as a piece of legislation which was largely ineffective.
In October, 2004, Dalton McGuinty’s government proposed new legislation
to replace the Ontarians with Disabilities Act. This new act, known as the
Accessibility for Ontarians with Disabilities Act (AODA), is described as
strong, effective and comprehensive and will lead to significant changes in
barriers faced by people with disabilities in Ontario.
Read more on page 9
Table of Contents
CIWA/ACVAMT Contacts ...................................... 2
CIWAY Contacts, Thanks, Interesting Web Sites ..... 3
CIWA/ACVAMT Activities .....................................4, 6
Activités CIWA/ACVAMT ......................................5, 7
CPP/LTD/WCB Benefits/Pensions ............................ 6
Severance Pay Law Overturned .............................. 8
Indemnité de depart – Loi annulée ......................... 9
OFL/FOL Day of Mourning Statistics .......................10
Statistiques sur le jour de deuil FTO.......................11
Chronic Pain .........................................................10
Douleur chronique ................................................11
Ontarians with Disabilities – Act 2 ..........................13
Ergonomic Issues – Ontario Workplaces .................13
WCB is Failing Injured Workers..............................14
Events To Remember........................................... 14
Miscellaneous .......................................................15
Congratulations ! ..................................................15
CIWA/ACVAMT Info ..............................................16
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
________________________________
THANKS for Your SUPPORT!
________________________________
Newsletter Subscription:
__________
$
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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 for their opinions.
PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT
VOLUNTEER BOARD OF DIRECTORS…
EXECUTIVE OFFICERS…
BC ... Lee Harrison, Surrey
President
Secretary
Treasurer
SK ... Robert Lindsay, Regina
Western Injured Workers Society (Sask.)
MB… Vincent Boyce, Winnipeg
NS...
Dave MacKenzie, Pictou County
PEI ... Leonard J. Crawford, Summerside
Rob Lindsay
Lee Harrison
Vincent Boyce
ADVISORS…
Andy King, U.S.W.A.
Orlando Buonastella &
Marion Endicott, Injured Workers Consultants
STAFF…
Phil Brake, National Coordinator
Monika Wiitala, Office Manager
L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL
MAILING ADDRESS:
P.O. Box 10098
Thunder Bay, Ontario. P7B 6T6
Phone: 807-345-3429
Fax: 807-344-8683
.
Page 2
CANADIAN INJURED WORKERS ALLIANCE
Toll Free 1-877-787-7010
STREET ADDRESS
1201 Jasper Drive
Thunder Bay, Ontario P7B 6R2
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 – 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
Toronto, ON
DAWN HAMILTON
Labrador City, NF
PAIGE MOORE
Montague, PEI
AMANDA PERREAULT
Brampton, ON
DEAN RUDD
Whitehorse, YT
LILI TRINH
Toronto, ON
SCOTT WOLBAUM
Regina, SK
JAMIE WOODHOUSE
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: 1-877-787-7010, fax: 807-344-8683, email: ciwa@vianet.ca or visit our
website at www.ciwa.ca
Informative Websites to Check Out:
Office of the Worker Advisor
www.owa.gov.on.ca
www.owa.gov.bc.ca
Contains info such as:
- workers self help kit
- how to obtain the WSIB Policy Manual
Check for an office in your province by changing the two
letters in the website address to your own.
Association Xpertise Inc
www.axi.ca
johnhennessyfoundation.com
Contains info such as:
- Specializing in Non-Profit Info
- how to keep groups (non-profit) organized
- various rules & regulations to follow
On December 5, 2004, Grettie Hennessy’s only son and child, John
Hennessy-Moore, 18 years old was killed when the pipe system he was
working on that was not properly bolted and/or clamped down, moved off
the I-Beam’s and struck John in the face and head, at a Husky Energy
Plant in Lloydminster, SK. This web site and the John Hennessy
Workplace Head Injury Foundation, was developed with a mission to
improve the quality of life for survivors of traumatic workplace head
injuries, serious brain damage and their families.
CIWA is very pleased to say thank you to HRDC – Social Development Partnerships Program
(SDPP) and the Office for Disability Issues, for the approval of funding through the
“Organizational Capacity Building” support program for a three year term.
This funding enables CIWA to continue providing valuable services and support to injured and
disabled worker’s groups and individuals, and is, to a large extent, contingent upon their
continued support of our organization. In part, this funding also provides the support required to
publish this newsletter.
Page 3
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
CIWA/ACVAMT Activities
CLC Winter Schools - 2005
- Harrison Hotsprings - Abbotsford, BC
- CAW H&S Centre, Port Elgin, ON
- Best Western, North Bay, ON
Board of Directors Meetings
- February 2005, Calgary, AB
Day of Mourning Ceremonies – April 28, 2005
- Various activities across Canada
INTERNET
CCOH&S Convention, March 2005
- Toronto, ON
Round Table Project – 2005
- Toronto, ON
CLC H&S Committee Meeting, March 2005
- Ottawa, ON
Chronic Pain Meeting, May 2005
Halifax, NS
CLC Winter School
We are hopeful in receiving funding once again
through the HRD Summer Experience Program to be
able to hire a Summer Student to help with our web
site development and updates.
The following is a report we received from the
President of the Hamilton & District Injured Workers
Group, Peter Page, who had attended the Winter
School in Port Elgin, Ontario.
For a number of years now, our Summer Students
have assisted in creating, developing and updating our
site. Each year different parts of our site take on a
new look or feature, depending on the creativity and
skills of the individual that we engage services with.
―My one week course at Port Elgin’s CAW training
complex was quite educational and therapeutic. Being
that I am an injured worker and have been out of the
workforce since 2002, one can be nervous about reentering the working community, but I survived due in
part to the friendly and welcoming environment
fostered by the staff.
INFORMATION & REFERRAL
Our predominant tool of communication for
information and referral continues to be via the
internet. Whether individuals find and access our
direct website through a search engine, or by word of
mouth, we constantly receive requests from injured
workers, their friends or relatives for information or
direction on who to contact or where to go for
assistance with their claim file.
Because of the many injured worker groups that exist
throughout Canada, we are usually able to refer them
to someone within a close proximity to where they
reside.
The existing constant need for referral is endlessly
apparent as too many persons injured in the
workplace are unaware of the resources available to
them or the problems and complications that could
arise once they are injured or acquired a workplace
related disease.
Page 4
The course I chose was EFFECTIVE
COMMUNICATIONS and MEDIA SKILLS. This course I
felt would be helpful in my duties as President of the
Hamilton & District Injured Workers Group. Our class
learned public speaking and dealing with media, and
overcoming stage fright.
The whole experience was fun and educational and I
would recommend the school to anyone who wants to
improve old skills and learn new ones.
I would like to thank the Canadian Labour Congress,
Canadian Injured Worker Alliance and the Ontario
Network of Injured Worker Groups for this wonderful
opportunity and hope that the scholarship continues.
Many injured workers need support in rebuilding their
lives, so keep up the good work and remember there
is strength in numbers.
Peter Page, President HDIWG‖
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Activités CIWA/ACVAMT
Écoles d’hiver du CTC - 2005
- Harrison Hotsprings - Abbotsford, C.-B.
- Centre SS TCA, Port Elgin, Ont.
- Best Western, North Bay, Ont.
Réunion du conseil d’administration
- Février 2005, Calgary, Alb.
Cérémonies du Jour de deuil national – 28 avril
2005
- Différentes activités au Canada
Congrès du CCHST, mars 2005
- Toronto, Ont.
Projet de table ronde – 2005
- Toronto, Ont.
Réunion du comité SS du CTC, mars 2005
- Ottawa, Ont.
Réunion sur la douleur chronique, mai 2005
Halifax, N.-É.
INTERNET
École d’hiver du CTC
Nous espérons recevoir du financement encore une
fois par l’entremise du Programme expérience été, de
la DRH, afin de pouvoir embaucher un ou une stagiaire
d’été qui verra à développer et à actualiser notre site
web.
Voici le rapport que nous avons reçu de la part du
président du Hamilton & District Injured Workers
Group, Peter Page, qui a assisté à l’école d’hiver à Port
Elgin (Ontario).
Il y a déjà quelques années que des stagiaires d’été
nous aident à créer, mettre au point et actualiser notre
site. Chaque année, différents volets de notre site
changent d’allure selon la créativité et l’habileté de la
personne embauchée.
INFORMATION et AIGUILLAGE
Notre principal outil de communication pour
l’information et l’aiguillage continue d’être Internet.
Que l’on accède à notre site web directement ou par
un moteur de recherche, ou que l’on entende parler de
nos services, nous recevons constamment des
demandes de la part de victimes d’accidents et de
maladies du travail, ou de la part de leurs parents ou
amis, au sujet de l’endroit où s’adresser pour obtenir
de l’aide au sujet d’une demande d’indemnité.
Compte tenu des nombreux groupes de victimes
d’accidents et de maladies du travail au Canada, nous
sommes normalement en mesure de diriger ces
personnes vers un ou une responsable proche de leur
lieu de résidence.
Il y a un réel besoin d’aiguillage permanent parce que
trop de personnes victimes d’un accident ou d’une
maladie du travail ignorent les ressources mises à leur
disposition ou les problèmes et complications qui
pourraient découler d’un accident ou d’une maladie du
travail.
« Mon cours d’une semaine au complexe de formation
des TCA à Port Elgin a été une expérience éducative et
thérapeutique. Je suis une victime du travail hors du
marché du travail depuis 2002 et j’étais nerveux au
sujet de la réintégration de ce marché; mais j’ai
survécu à cela grâce en partie à l’ambiance amicale et
chaleureuse créée par le personnel.
Le cours que j’ai choisi a été EFFECTIVE COMMUNICATIONS & MEDIA SKILLS. J’ai déterminé que ce cours
me serait utile en tant que président du Hamilton &
District Injured Workers Group. Notre classe a appris
des notions sur la façon de parler en public, de traiter
avec les médias et de surmonter le trac.
Cette expérience dans son ensemble s’est avérée
amusante et éducative. Je recommande cette école à
quiconque désire améliorer ses connaissances et en
acquérir de nouvelles.
Je désire remercier le Congrès du Travail du Canada,
l’Alliance canadienne des victimes d’accidents et de
maladies du travail et Ontario Network of Injured
Workers Groups pour cet excellent cours; j’espère que
les bourses seront maintenues. Plusieurs victimes
d’accidents et de maladies du travail ont besoin de
soutien pour refaire leur vie; donc, continuez votre bon
travail et rappelez-vous que l’union fait la force!
Peter Page, président du HDIWG «
Page 5
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
ROUND TABLE – RTF/RTW
It is now two years since CIWA has been actively
involved on the Advisory Board with the Round Table
Project. Members of the Round Table Project on
―Return to Function, Return to Work‖ (RTF/RTW) met
in September 2004, in Toronto, Ontario.
The goal of RTF/RTW is to give all disabled people the
right to participate in a program that will be more
meaningful and productive. Too many employers and
insurance companies implement RTW programs in the
best interest of themselves which are usually geared
to fail the disabled person.
Our belief is that only in implementing a team
approach, will RTF/RTW be successful.
The next
meeting to
finalize
changes is
planned for
April 8, 2005.
STRENGTHENING RELATIONSHIPS WITH
ORGANIZED LABOUR
CIWA’s representatives have attended spring & winter
schools hosted by the Canadian Labour Congress
(CLC), for a number of years now. Once again, CLC
afforded us the opportunity for two of our
representatives in two regions to attend CLC Winter
School training sessions in Ontario and British
Columbia.
The feedback from the attendees to the Winter
Schools is just fantastic. Even though the courses are
naturally geared to the Labour Movement, our
participants learn valuable information which they can
use in their local injured worker organization.
Participants this winter took part in courses such as:
- Duties to Accommodate
- Unions in the Community
- Taking Back our Municipalities / Mobilizing
Communities
- Resolving Workplace Disputes & Conflicts
- Effective Communications & Media Skills
CLC 2nd National Disability Rights Conference
The Canadian Labour Congress hosted it’s 2nd National
Disability Rights Conference in November, 2004, in
Montreal, Quebec, titled ―Doing MORE – Moving
FORWARD‖. CIWA representatives attended this
conference.
Page 6
CAW Annual Compensation Conference –
October 2004
News from the Ontario Network of Injured Workers
Groups:
The objective of the conference was to strengthen and
deepen the CAW Workers’ Compensation ―Take It
Back‖ campaign. Delegates voted unanimously in
favour of the following recommendations:
1.
Make Occupational Disease and RSI’s the focal
point of activities
2.
Organize for:
- November 30th – Injured Worker Demo’s
- RSI Day – February 28th
- April 28th – Int’l Day of Mourning
- June 1st – Injured Workers’ Day
3.
Continue lobbying MPP’s with new cases
4.
Educate our membership focusing on (but not
limited to) occupational disease and RSI’s
5.
Become an associate member of ONIWG
- Participate in the newsletter committee and
the political action committee
6.
Establish a CAW Internal Occupational Disease
Network
The CAW will join with ONIWG and others to organize
joint activities in areas such as Thunder Bay, Timmins,
Windsor, London, Toronto and Hamilton.
Congratulations to ONIWG on the support
you are receiving! Good Job!
BOARD OF DIRECTORS
The CIWA Board of Directors has held their regular
board meeting in February, 2005 in Calgary, AB in
order to discuss the on-going operation and direction
of the organization.
The CIWA Board of Directors will hopefully meet again
in the fall or winter of 2005/2006 sometime, (at
minimum will meet via conference call), to continue to
direct the organization and review its goals, activities,
and current activity progress, and its outcomes and
achievements.
The Executives of the Board of Directors continue to
meet on a regular basis to review financial statements
and discuss ongoing issues. The Executives went to
the National Office in Thunder Bay in January, 2005 in
order to review financials, and offer assistance to the
Office Manager.
The CIWA sub-committees meet regularly to review
plans and goals for CIWA.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
TABLE RONDE – RETOUR À LA
FONCTION/RETOUR AU TRAVAIL
Il y a déjà deux ans que l’ACVAMT participe activement
au sein du comité consultatif du Projet de table ronde.
Les membres du Projet de table ronde sur le retour à la
fonction et le retour au travail se sont réunis en
septembre 2004 à Toronto.
L’objet de ce Projet est de permettre à toute personne
handicapée de participer à un programme plus sensé et
plus productif. Trop d’employeurs et de compagnies
d’assurance introduisent des programmes qui visent
plutôt leur propre intérêt et laissent tomber la personne
handicapée.
Nous croyons que c’est en adoptant une approche
d’équipe que les programmes de retour à la
fonction/retour au travail peuvent réussir.
La prochaine réunion qui mettra la dernière main aux
changements aura lieu le 8 avril 2005.
PROJET DE
TABLE
RONDE
Sur un retour
à la
Colloque annuel sur l’indemnisation des TCA –
Octobre 2004
Nouvelles de Ontario Network of Injured Workers Groups
(ONIWG) :
L’objet du colloque était de renforcer et d’approfondir la
campagne Take It Back sur l’indemnisation des
travailleurs et travailleuses TCA. Les délégués ont voté à
l’unanimité en faveur des recommandations suivantes :
1.
Faire des maladies professionnelles et des
microtraumatismes répétés le point central des
activités.
2.
S’organiser pour :
- 30 novembre – manifestation des victimes
d’accidents et de maladies du travail
- Jour des microtraumatismes répétés – 28 février
3.
28 avril – Jour de deuil international
- 1er juin – Jour des victimes d’accidents et de
maladies du travail
4.
Maintenir la pression sur les députés provinciaux
avec de nouveaux cas.
5.
Éduquer nos membres en mettant l’accent sur les
maladies professionnelles et les microtraumatismes
répétés sans s’y limiter.
6.
Devenir un membre associé d’ONIWG
- Participer au comité du bulletin d’information et
au comité d’action politique.
7.
Établir un réseau interne TCA de maladies
professionnelles.
fonction/retour au travail sécuritarie et oportun
Les TCA se joindront à ONIWG et à d’autres organismes
afin d’organiser des activités conjointes à Thunder Bay,
Timmins, Windsor, London, Toronto et Hamilton.
RESSERRER LES LIENS AVEC LE MOUVEMENT
SYNDICAL
Félicitations à ONIWG pour l ‘appui que vous recevez! C’est du
beau boulot!
Pour un processus qui appuie la personne
Cela fait quelques années que les représentants et
représentantes de l’ACVAMT participent à des écoles de
printemps et d’hiver organisées par le Congrès du Travail
du Canada (CTC). Encore une fois, le CTC a donné
l’occasion à deux de nos représentants dans deux régions
de participer à des sessions de formation d’hiver en
Ontario et en Colombie-Britannique.
Les réactions des participants et participantes aux écoles
d’hiver sont tout simplement étonnantes. Même si ces
cours sont naturellement orientés vers le mouvement
syndical, nos participants et participantes acquièrent des
renseignements utiles qu’ils peuvent appliquer à leur
groupe local de victimes d’accidents et de maladies du
travail.
Deuxième colloque national sur les droits des
personnes handicapées du CTC
Le Congrès du Travail du Canada a tenu son Deuxième
colloque national sur les droits des personnes
handicapées en novembre 2004 à Montréal sous le thème
de « Doing MORE — Moving FORWARD (Faire davantage
— Aller de l’avant) ». Des représentants de l’ACVAMT ont
participé à ce colloque.
CONSEIL D’ADMINISTRATION
Le conseil d’administration de l’ACVAMT a tenu sa réunion
régulière en février 2005 à Calgary afin de discuter du
fonctionnement continu et de l’orientation de l’organisme.
Il est à espérer que le conseil d’administration de
l’ACVAMT puisse se réunir à nouveau à l’automne ou à
l’hiver 2005-2006; il y aura au minimum une conférence
téléphonique afin de continuer à diriger l’organisme et à
discuter des objectifs, activités et réalisations.
Les directeurs et directrices du conseil continuent à se
rencontrer régulièrement pour étudier les états financiers
et discuter des questions courantes. Les directrices et
directeurs se sont rendus au siège social de l’ACVAMT à
Thunder Bay en janvier 2005 pour examiner les états
financiers et offrir de l’aide à la directrice du bureau.
Les sous-comités de l’ACVAMT se rencontrent
régulièrement pour étudier les plans et objectifs de
l’organisme national.
Page 7
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
CHRONIC PAIN
CIWA is proud to be part of a very important
organization, the Canadian Pain Coalition (CPC). In
the last year the CPC has been working hard at
ensuring that persons suffering from chronic pain are
receiving proper care and recognition.
The CPC has been busy to accomplish having a motion
brought to the House, with the support of the Senate
to declare ―National Pain Awareness Week‖, which will
be the first week in November every year.
In November 2004, the Canadian Injured Workers
Alliance attended a Gala Fundraising event in Toronto,
Ontario to raise money to kick off the ―National Pain
Awareness Week‖. The next Gala Fundraising Event is
currently being planned for November 3, 2005.
The CPC is in the process of becoming incorporated,
having their constitution and bylaws in place. They
have a web site up and running and you can explore it
at: www.painhurtscanada.ca
The next meeting is planned for May 13 - 16, 2005 in
Halifax, NS.
Severance Pay - Law Overturned:
Disabled workers must get same compensation !
Employment Standards Act (ESA) section violates charter of rights !
A section of the ESA entitles employers to refuse
severance pay to employees whose ability to remain
on the job has been ―frustrated‖ as a result of an
illness or injury. Basically, the employer would be off
the hook for providing severance pay to an employee
who had a long-term illness.
The Ontario Court of Appeal said that this legislation
violates the Charter, and affects a crucially important
aspect of the dignity of disabled people by denying
them equal treatment & compensation in employment.
The Ontario Court of Appeal ruled in a case in Toronto,
Ontario where a nurse employed for 13 years by
Mount Sinai Hospital, was sent a termination letter
after being unable to return to work (RTW) after a
non-work related injury she had suffered in August of
1995.
She had tried several times to return to work, but
suffered a relapse in January of 1996, and was
approved for long-term disability benefits. Medical
doctors were unable to determine when she might be
able to RTW.
The Attorney General and the lawyer for the hospital
argued the ESA legislation for severance pay was
meant to compensate workers moving ahead to new
employment and was not discriminatory because
―employees unable to work because of injury or illness
are unlikely candidates for returning to the workforce‖.
Page 8
The Ontario Nurses’ Association argued that the
purpose of severance pay was intended to compensate
long-serving employees for their years of service and
investment in their employers’ business.
The court said that the hospital and government’s
position reflects a stereotypical presumption about the
adaptability, industry and commitment to the
workforce of persons with disabilities sever and
enduring enough to frustrate their employment.
This generalization can only perpetuate and promote
the view that disabled individuals are less worthy of
recognition, value as human beings, and members of
the Canadian Society.‖
Last year the Division Court ruled the legislation was
unconstitutional because it denied disabled employees
an employment benefit to which they would be
entitled, just like other workers, were it not for their
disability.
Phil Brake, National Coordinator for the Canadian
Injured Workers Alliance, called the decision a
―positive step‖ for injured workers. He said it would
encourage employers to try harder to accommodate
employees before letting them go. ―To our
knowledge, Ontario is the first to do something like
this,‖ he said in an interview from Newfoundland.
The Hospital has 60 days to decide whether to seek an
appeal to the Supreme Court of Canada.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
DOULEUR CHRONIQUE
L’ACVAMT est fière de faire partie d’un organisme très
important, la Coalition canadienne contre la douleur
(CCD). Au cours de l’année écoulée, la CCD a œuvré
très fort pour s’assurer que les personnes souffrant de
douleurs chroniques reçoivent des soins appropriés et
une reconnaissance.
La CCD a déployé de gros efforts pour faire adopter
une proposition à la Chambre, avec le soutien du
Sénat, reconnaissant, chaque année, la première
semaine de novembre comme étant la Semaine
nationale de la sensibilisation sur le problème de la
douleur.
En novembre 2004, l’Alliance canadienne des victimes
d’accidents et de maladies du travail a participé à un
gala bénéfice à Toronto afin de recueillir des fonds
pour lancer la Semaine nationale de sensibilisation sur
le problème de la douleur. Le prochain gala bénéfice
aura lieu le 3 novembre 2005.
La CCD est en voie de se constituer en personne
morale, ayant déjà adopté sa constitution et ses
règlements. Elle a son site web que vous pouvez
consulter à www.painhurtscanada.ca
La prochaine réunion est prévue pour les 13 au 16 mai
2005 à Halifax.
Indemnité de départ – Loi annulée :
Les travailleuses et travailleurs handicapés doivent recevoir la même indemnisation!
Un article de la Loi sur les normes d’emploi viole la Charte canadienne des droits!
Un article de la Loi sur les normes d’emploi permet aux
employeurs de refuser une indemnité de départ aux
employés dont la capacité de demeurer au travail a été
« contrecarrée » comme résultat d’une maladie ou d’une
lésion. Fondamentalement, l’employeur ne serait pas tenu
de fournir une indemnité de départ à un employé ou une
employée ayant une maladie de longue durée.
La Cour d’appel de l’Ontario a déclaré que cette loi
transgresse la Charte et porte atteinte à un aspect d’une
importance cruciale de la dignité des personnes
handicapées en leur refusant une indemnité et un
traitement égaux dans leur emploi.
La Cour d’appel de l’Ontario a pris une décision dans un
cas à Toronto où une infirmière employée depuis 13 ans
par l’hôpital Mount Sinai a reçu une lettre de fin d’emploi
après ne pas pouvoir réintégrer ses fonctions à la suite
d’une lésion non liée à son emploi subie en août 1995.
Elle avait essayé à plusieurs reprises de retourner au
travail mais avait connu une rechute en janvier 1996, puis
avait été admissible aux prestations d’invalidité de longue
durée. Les médecins ne pouvaient pas déterminer à quel
moment elle pourrait retourner au travail.
Le procureur général et l’avocat de l’hôpital avaient fait
valoir que cette loi sur l’indemnité de départ visait à
indemniser les travailleurs et travailleuses qui se dirigent
vers un nouvel emploi et qu’elle n’est pas discriminatoire
parce que « les employés ne pouvant pas travailler par
suite de lésion ou de maladie sont des candidats et
candidates peu susceptibles de retourner sur le marché
du travail ».
L’Association des infirmières et infirmiers de l’Ontario a
pour sa part dit que l’objet de l’indemnité de départ était
d’indemniser les employés pour leur long état de service
et pour leur investissement dans l’entreprise de
l’employeur.
La cour a déclaré que la position de l’hôpital et du
gouvernement reflétait une présomption stéréotypée au
sujet de l’adaptabilité, de l’industrie et de l’engagement
envers la main-d’œuvre des personnes ayant des
incapacités graves et assez durables pour contrecarrer
leur emploi.
Cette généralisation ne peut que perpétuer et encourager
la conception selon laquelle les personnes handicapées
sont moins dignes de reconnaissance et de valeur en tant
qu’humains et membres de la société canadienne.
L’année dernière, la Cour de secteur a décidé que la loi
était inconstitutionnelle parce qu’elle refuse aux employés
handicapés une prestation d’emploi à laquelle ils auraient
droit, tout comme les autres travailleurs et travailleuses,
si ce n’était de leur incapacité.
Phil Brake, coordonnateur national de l’Alliance
canadienne des victimes d’accidents et de maladies du
travail, a qualifié la décision de mesure positive pour les
victimes d’accidents et de maladies du travail. Il a dit
qu’elle encouragerait les employeurs à s’efforcer
davantage pour accommoder les employés avant de les
licencier. « À notre connaissance, l’Ontario est la
première province à agir dans ce sens », a-t-il déclaré
dans une entrevue à Terre-Neuve.
L’hôpital a 60 jours pour décider s’il ira en appel devant la
Cour suprême du Canada.
Page 9
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
Chronic Pain:
The Manitoba Federation of Labour – Occupational
Health Centre located in Winnipeg, MB has developed
a program by physician Rob Chase, to help workers
with musculoskeletal injuries, where the pain has
spread to other areas. This pilot program is called
―Stretch, Massage, Breathe,‖ or ―SMB‖.
OHC Clients having difficulties with chronic pain,
discomfort and disability, meet once a week for a twoand-a-half hour session that includes education and
exercise based on Yoga, self awareness and massage,
and home based self-management of pain.
This program is intended to help injured workers
better understand their injury and develop practical
skills to better manage their condition. The results of
this program seem to be quite positive. According to
follow-up studies, program participants have reduced
their perceived level of pain and continue to reduce
their pain in the months following the program.
For more information visit the MFL Occupational
Health centre website at:
www.mflohc.mb.ca
Phone: 204-949-0811
Email: mflohc@mflohc.mb.ca
OFL / FOL DAY OF MOURNING STATS:
The Ontario Federation of Labour provided a report of
all Workplace Claims made with and accepted by
WSIB.
Interestingly, between 1980 and 2004, the average
number of annual fatalities is 284 – which shows 325
in 1980 and 328 in 2004.
At the time of this report, outstanding decisions for
fatality claims were as follows:
- 76 from 2002
- 35 from 2003
- 123 from 2004
These figures are not included in the stats.
The majority of pending claims are for occupational
disease, which now accounts for over 60% of the
allowed fatal claims.
Not reflected here is the true toll taken by
occupational disease, estimated to be as high as 6,000
Ontario workers annually. This comes from a study
entitled ―Occupational Disease & Workers’
Compensation‖, prepared by Dr. Annalee Yassi for Paul
Weiler’s inquiry into the Ontario compensation system.
Occupational cancer makes up a significant portion of
occupational disease. In addition to the human
Page 10
suffering, the health care costs of these cancers range
from 130 million dollars to 500 million dollars. If the
occupational cancers were recognized, most of this
money would be reimbursed to the Ontario health care
system by the WSIB.
Few workers make the connection between their ill
health and the unhealthy workplace exposures they’ve
had over the years. In 2004, only 384 fatal
occupational disease claims were made to the WSIB.
In 1991, Bill C-223, An Act Respecting a Day of
Mourning for Persons Killed or Injured in the
Workplace, a Private member’s Bill sponsored by Rod
Murphy, NDP M.P., passed through all stages of the
House of Commons and Senate. The bill, which now
proclaims April 28 of each year as a National Day of
Mourning, received royal assent on February 1, 1991,
and is now law.
According to the International Confederation of Free
Trade Unions (ICFTU), commemoration activities are
held in over 70 countries around the globe.
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Douleur chronique :
Le centre de maladies professionnelles de la Manitoba
Federation of Labour, situé à Winnipeg, a mis au point
un programme du Dr Rob Chase pour venir en aide
aux travailleurs et travailleuses ayant des lésions
musculosquelettiques quand la douleur s’est répandue
à d’autres parties du corps. Ce programme pilote
s’appelle Stretch, Massage, Breathe (SMB) (s’étirer,
masser, respirer).
Les clients et clientes ayant des problèmes de douleur
chronique, d’inconfort et d’incapacité se rencontrent
une fois par semaine pour une session de deux heures
et demie qui comprend de l’éducation et des exercices
basés sur le yoga, la prise de conscience de soi et des
massages; il y a aussi la gestion de la douleur à
domicile.
Ce programme vise à aider les victimes d’accidents et
de maladies du travail à mieux comprendre leur lésion
et à développer des moyens pratiques pour mieux
gérer leur état. Les résultats de ce programme
semblent être très positifs. Selon des études de suivi,
les participants et participantes ont réduit leur niveau
de perception de la douleur et continuent à réduire
leur douleur au cours des mois qui suivent le
programme.
Pour obtenir plus de renseignements, visitez le site
web du centre de maladies professionnelles de la
Manitoba Federation of Labour :
www.mflohc.mb.ca
Téléphone : 204-949-0811
Courriel : mflohc@mflohc.mb.ca
STATISTIQUES SUR LE JOUR DE DEUIL FTO :
La Fédération du travail de l’Ontario a émis un rapport
sur toutes les demandes d’indemnité faites auprès de
la CSPAAT et acceptées par celle-ci.
Il est intéressant de constater qu’entre 1980 et 2004,
la moyenne annuelle de décès était 284, soit 325 en
1980 et 328 en 2004.
Le cancer professionnel occupe une part importante
des maladies professionnelles. Outre la souffrance
purement humaine, le coût de santé de ces cancers
varie de 130 millions à 500 millions de dollars. Si les
cancers professionnels étaient reconnus, la plupart de
cet argent serait remboursée au système de santé
ontarien par la CSPAAT.
Au moment de publier ce rapport, les décisions en
suspens pour les demandes d’indemnité pour décès
s’établissaient comme suit :
- 76 en 2002
- 35 en 2003
- 123 en 2004
Ces chiffres ne figurent pas dans les statistiques.
Peu de travailleurs et de travailleuses font le lien entre
leur mauvaise santé et l’exposition à un lieu de travail
insalubre pendant des années. En 2004, seulement
384 demandes d’indemnité pour maladie
professionnelle mortelle ont été déposées auprès de la
CSPAAT.
La majorité des demandes en suspens concerne les
maladies professionnelles, qui représentent
maintenant plus de 60 % des demandes d’indemnité
accordées pour des décès.
l'institution d'un jour de compassion pour les
personnes tuées ou blessées au travail, soit un projet
Ces chiffres ne tiennent pas compte du nombre réel
attribué aux maladies professionnelles, lequel est
estimé à autant que 6 000 travailleurs et travailleuses
d’Ontario chaque année. Ce chiffre provient d’une
étude intitulée Occupational Disease & Workers’
Compensation réalisée par le Dr Annalee Yassi dans le
cadre de l’étude de Paul Weiler sur le système
d’indemnisation de l’Ontario.
En 1991, le projet de loi C-223, Loi concernant
de loi d’un membre privé présenté par Rod Murphy,
député NPD, a passé toutes les étapes de la Chambre
des communes et du Sénat. Ce projet de loi qui
proclame désormais le 28 avril de chaque année Jour
de deuil national, a reçu la sanction royale le 1er février
1991 et est maintenant loi.
D’après la Confédération internationale des syndicats
libres (CISL), il y a des activités commémoratives dans
plus de 70 pays partout dans le monde.
Page 11
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
CPP / LTD / WCB - Benefits / Pensions
Request from an Injured Worker:
Dear Sir/Madam:
I was injured at work in Nov/1995, and received WSIB
/ WCB benefits for 6 months. The WCB terminated my
benefits based on a pre-existing impairment.
me alive during the past 9 years, however also having
to borrow money, and redeem retirement bonds
before maturity.
I appealed this decision with the assistance of the
Office of the Worker Advisor, and was successful in
having the WSIB decision overturned in Nov/2004.
I have lost my retirement savings and investment
interest, and paid interest on borrowed money which
would have all been unnecessary if the WSIB had not
erroneously terminated my compensation benefits.
The WSIB has to pay me retroactively. I have been
advised by the WSIB adjudicator that the money I
have been receiving from the CPP Disability fund will
be deducted from my back pay.
How can this be? The CPP benefit is federal, while the
WSIB is provincial, is it not? The CPP-D benefit kept
ON – In Ontario the WSIB will not pay the worker full
benefits if the worker is receiving benefits from an
alternative source for the same disability.
The WSIB will deduct the CPP, or an employees’
revenue from a private insurance policy, when benefits
are paid for the same disability.
WSIB is not taxable, but CPP is taxable. Therefore if
there is a choice between collecting benefits from both
agencies, and if the WSIB is going to deduct the CPP
in any event, then the injured worker should collect
the full payment from the WSIB with no income tax.
If there are other reasons for collecting other benefits
from CCP-D, or another LTD benefit, then those
reasons should be clearly
More information on this subject is available on the
CPP web site under CPP Policy Review.
Rodger, Ontario
BC – British Columbia follows the general rules
dictated with union contracts. A person receiving WCB
benefits for an injury, is entitled to immediately apply
for LTD upon which WCB benefits are discontinued.
Various LTD plans allow the individual to collect
benefits until 60 or 65 (dependent on occupation).
Medical and superannuation coverage continues until
Page 12
If someone could shed some knowledge on these
matters, I would certainly appreciate your assistance.
Thank You, Injured Worker in Ontario
retirement. The employer pays all medical benefits
and superannuation costs on behalf of the worker.
Upon retirement, the employee receives company
pension, CPP and OAS (age 65).
Many private industry employers provide benefits
which entitle their employees to apply for LTD.
However, in most cases, the LTD entitlement is for a
very limited time. When the LTD benefits expire, the
employee must apply to the Canada Pension Plan for
Disability benefits.
The CPP-Disability benefits are calculated according to
the total contribution that the applicant has credited.
In many cases, the payment is very low, and the
worker can apply to BC Social Assistance for Disability
Benefits. However, when on BC Disability Benefits,
there is no medical coverage included. So it is an
additional expense to the worker. BC Social Assistance
benefits are about $800.00 per month, but medical,
prescription, eyeglasses, bus passes ($43.00/yr) are
covered
At age 65, the person may receive a company pension,
plus Canada Pension and Old Age Security.
Lee, BC
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
AB – In Alberta, an LTD plan is usually jointly funded
by the employer and the employee. Most LTD plans
ensure that you receive 70% of your pre-disability
salary, up to a maximum of $3,000 per month.
If any of the following sources of other income are
received, the LTD benefit will be reduced by the
amount of income you receive from these other
sources:
- CPP Disability,
- WCB benefits
- Any other employer-sponsored group disability
plan benefits
- Self Employment Income or ―Other‖ Income
-
Benefits awarded by a Crime Compensation
Board
Benefits from Public Service Super Annuity Act
(PSSA)
Disability Insurance Benefits payable under
the legislation of any government
Income replacement benefits under a no fault
auto insurance plan
Any amounts receive under a third part
damage award.
LTD’s are considered a taxable income.
Gerry, AB
Ontarians with Disabilities Act – Act Two:
Disabled workers must get same compensation !
Employment Standards Act (ESA) section violates charter of rights !
Information from an article in ―Total Access‖ a Canadian Paraplegic Association magazine and the Ministry of
Citizenship and Immigration Website
Queen’s Park – The Ontario legislature today passed
a historic law that will make Ontario a world leader in
breaking down barriers for people with disabilities.
The act will take effect on royal assent and will require
government to work with partners to jointly develop
standards to be achieved in stages of fives years or
less, leading to a fully accessible Ontario in 20 years.
The new legislation, the Accessibility for Ontarians
with Disabilities Act (AODA) promises to improve
accessibility in workplaces and public spaces and
improve access to employment, customer service,
communications and transportation.
The scope of the proposed legislation would be much
broader than the previous legislation. For the first
time, it would include the private sector, as well as
government and the broader public sector.
Under the proposed act, people with disabilities,
stakeholders and the provincial government would
develop standards that could deal with the width of
aisles in buildings, staff training in serving customers
with disabilities, large print menus or adaptive
technology in the workplace. These standards would
address the full range of disabilities and barriers
including physical, mental, sensory, developmental and
learning disabilities.
According to Statistics Canada, there are
approximately 1.5 million Ontarians with a disability –
or about 13 per cent of the population. By 2025, it’s
expected this number will increase to 20 per cent of
the population – or three million people.
To find out more about the Act, visit the ministry of
Citizenship and Immigration website at:
www.gov.on.ca/citizenship/accessibility/
Ergonomic Issues in Ontario Workplaces:
Cathy Walker, Director of Health & Safety Dept. for
CAW-Canada is currently a worker rep on the
Minister’s panel looking at ergonomic issues in Ontario
Workplaces.
The first meeting of the Ontario Ministry of Labour’s
Sub-committee on Ergonomics met on March 7, 2005.
Members include the Minister’s Parliamentary
Secretary, Kevin Flynn, as well as:
Wayne Samuelson, OFL; Nancy Hutchison,
Steelworkers; Maureen Shaw, IAPA; Mark Nantais,
CVMA; John Macnamara, BCOHS. Assisting as well are
the staff of WSIB & MOL.
The Sub-committee plans to meet monthly to discuss
issues such as codes of practice, regulations, best
practices, policy and enforcement with an aim of
reducing musculoskeletal injuries.
A report to the Minister will be prepared and submitted
by the beginning of September 2005.
Page 13
�Canadian Injured Workers Alliance
Alliance canadienne des victimes d’accidents et de maladies du travail
WCB’s Failing Injured Workers:
A summary of an article written by D.M. Boyle, a counselor and activist who is committed to fighting the injustices
committed by WCB’s across Canada. His article appeared in Straight Goods, an internet based media publisher.
For more information, or other related articles visit: www.straightgoods.com
Will Workers’ Compensation protect you and your
income if you have an injury at work? For up to five
percent of workers who have permanent injuries, that
answer is ―no‖. They have been denied benefits from
Workers’ Compensation Boards and have no recourse
or formal advocate to act on their behalf.
The history of Workers’ Compensation in Canada
begins in 1910. The WCB was conceived by the then
Chief Justice of Ontario, Sir William Meredith. In his
report to the provincial Conservative party he outlined
what are now commonly referred to as the Meredith
Principles:
- No fault compensation
- Collective Liability
- Security of Payment
- Exclusive Jurisdiction
- Independent Board
Since then, these principles have been so manipulated
that it’s hard to see what is principle and what is
simply a guideline.
Accusations and claims have been mad that WCB’s
practices unlimited authority over the injured worker.
Medical practitioners have been threatened to change
their reports to suit the adjudicator’s decision, or have
their fee payment withheld.
A seriously injured worker who is not likely to work
again, and if their WCB claim is denied, another
government agency is naturally pursued to help them
with their daily living expenses, not to mention the
medical treatments, medication, and so on. This is
costing tax payers millions of dollars, when Worker’s
Compensation is funded by employers, and across
Canada they have assets worth billions of dollars.
Injured workers cannot sue their employers, they
cannot complain to the Human Rights commission, nor
are they protected under the Canada Health Act. They
can be misdiagnosed and mistreated. Even their
unions discard them for not being able to keep up the
dues.
Injured Worker support groups are popping up daily
on the internet. There you can find doctors and
adjudicators names to help protect injured workers.
They also warn injured workers to keep a copy of their
own medical records and transcripts in case they
somehow ―disappear‖ from their WCB files.
A lot needs to be done to improve the Workers’
Compensation System in this country. All of us have a
role to play to make that happen. Just because you
are injured on the job doesn’t mean that you have to
suffer for the rest of your life.
Events to Remember
April 28, 2005
International Day of Mourning
February 28, 2005
RSI Awareness Day
May 1 – 7, 2005
North American Occupational Safety and Health Week
(NAOSH)
June 1, 2005
Injured Workers Day
April 17 – 23, 2005
National Volunteer Week
1st Week in November National Pain Awareness Week
Page 14
�Alliance canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Miscellaneous
RECOGNIZING A STROKE
Sometimes symptoms of a stroke are difficult to
identify. Unfortunately, the lack of awareness spells
disaster. The stroke victim may suffer brain damage
when people nearby fail to recognize the symptoms of
a stroke.
Now doctors say that a bystander can recognize a
stroke by asking the individual three simple questions:
1. SMILE.
2. RAISE BOTH ARMS.
3. SPEAK A SIMPLE SENTENCE.
If he or she has trouble with any of these tasks,
call 9-1-1 immediately and describe the symptoms
to the dispatcher.
After discovering that a group of non-medical
volunteers could identify facial weakness, arm
weakness and speech problems, researchers urged the
general public to learn the three questions. They
presented their conclusions at the American Stroke
Association's annual meeting last February.
Widespread use of this test could result in prompt
diagnosis and treatment of the stroke and prevent
brain damage. A cardiologist stated that if every
person who receives this e-mail sends it on to 10
people, you can bet that at least one life will be saved.
Fun with Words
Arbitrator:
A cook who leaves Arby’s to work at
McDonalds.
Avoidable:
What a bullfighter tried to do.
Bernadette:
The act of torching a mortgage.
Burglarize:
What a crook sees with.
Control:
A short, ugly inmate.
Counterfeiters: Workers who put together kitchen
cabinets.
Eclipse:
What an English barber does for a
living.
Heroes:
What a guy in a boat does.
Left bank:
What the robber did when his bag was
full of money.
Misty:
How golfers create divots.
Paradox:
Parasites:
Pharmacist:
Polarize:
Primate:
Relief:
Rubberneck:
Selfish:
Sudafed:
Two physicians
What you see from the top of the
Eiffel Tower.
A helper on the farm.
What penguins see with.
Removing your spouse from in front of
the TV
What trees do in the spring.
What you do to relax your wife.
What the owner of a seafood store
does.
Brought litigation against a
government official.
Congratulations!
Mr. Dave MacKenzie – a long time Board of Director with CIWA/ACVAMT was
recently elected in his home town of Westville Pictou County, Nova Scotia as
Town Counsellor for a 4 Year Term. Congratulations !!!
We’d like to extend our Sincerest Best Wishes to him during his term.
Page 15
�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.
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 16
�
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Title
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Canadian Injured Workers Alliance
Dublin Core
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CIWA Highlights Newsletter Spring/Summer 2005
Description
An account of the resource
Upcoming CIWA activities. Articles about RTF/RTW Round Table, the CLC 2nd National Disability Rights Conference, CAW annual compensation conference, CIWA board of directors meeting, chronic pain, OFL Day of Mourning stats, a law that meant employers didn't have to provide disabled workers severance pay being overturned, rules around benefits and pensions for disabled workers in Ontario, British Colombia and Alberta, the Ontarians with Disabilities Act, ergonomic issues in Ontario workplaces, WCB failing injured workers, recognizing a stroke. Jokes and events.
Creator
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CIWA
Date
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2005
Format
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PDF
Language
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English
French
Type
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Text
Subject
The topic of the resource
Labour and Labour Unions
-
https://digitalcollections.lakeheadu.ca/files/original/a3ed7131d87f52b291b4d4ce066826ca.pdf
5bfe96644e78814e048dc65014eed127
PDF Text
Text
l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Focus on Chronic Pain
We are pleased to bring you our summer edition of our national
newsletter, Highlights. This issue contains some interesting
reading beginning with our lead article “The Denial of Chronic
Pain” by Dr. Robert Teasell. Dr. Teasell has done his homework
quoting from numerous studies that point to the medical causes
of pain. These are often ignored by governments which are
focusing on cutting costs rather than the reality of people
suffering from chronic pain.
We then track the policy and practices of the Provincial and
Territorial WCB’s in their treatment of chronic pain. Clearly,
they are more interested in cutting costs rather than providing
appropriate support and treatment.
The real story is hidden behind these WCB policies. It is the
story of real people suffering in pain every day, dealing with
depression and hardships that effect the whole family.
Also inside is information about our National Speakers Bureau
project and letters to the editor - one of which announces a
new website and chatline; injuredworkers online. Talking to
each other and sharing our experiences helps to build our
knowledge and confidence which makes dealing with the system
that much easier.
We encourage you to plug in. Tune in to injuredworker online,
invite one of our speakers out to your next
meeting, share your story with others or drop us
a line to be incuded in the next newsletter. And
as Jeff Collette says in his letter after winning
his case, “Now focusing on justice for others.”
Table of Contents
Projects .................................. 2
Provincial Updates ....... 3 - 15
Letters to the Editor ........ 16
CIWA Info ........................... 18
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
SPEAKERS BUREAU
Our video and workbook are receiving a
very positive response. It is only 8 months
since the national launch of these
resources and we have just completed the
third printing.
Returning to Work
As well, the Canadian Labour Congress
invited us to show this video at the opening
session of their National Health & Safety
Conference on June 21st in Toronto.
Give us a call to get your own copy.
STAFF AT THE OFFICE
We regret to announce that Tara Lewis will
be leaving us for greener pastures in Nova
Scotia by the end of July. She has been
such a wonderful, independent, caring,
hard-working bonus to our office, that
words alone cannot possibly express how
sorry we are to see her go. Good Luck !
We have recently hired a summer student
under the “Summer Experiences Program”
through funding from the Ontario Ministry
of Citizenship. This student will update
and develop our website over the next 2
months.
Keep your eyes peeled for a new and
improved site!
2
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 CIWA.
The presentation is accompanied by a series
of illustrated overheads, 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, the Manitoba
Federation of Labour, WCB Committees,
Community Meetings and Injured Workers
meetings, only to name a few.
This project is a partnership with the
Canadian Labour Congress and our local
injured workers groups.
Arrange for one of our presenters to deliver
a presentation at your next local meeting !
Thanks to the HRDC for supporting this project.
�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 ... Vacant
……………………………………
SK... Robert Lindsay, Regina
Saskatchewan Injured Workers Society
MN... Wayne Desiatnyk, Winnipeg
Injured Workers 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 CHRONIC PAIN
The next issue of the newsletter will focus on ORGANIZING. We welcome your
contributions. Please send, fax or e-mail your submissions, letters or comments
to us by September 10th, 1998.
The Denial of Chronic Pain
Dr. Robert Teasell
There is a current and disconcerting trend towards
dealing with chronic pain and its subsequent
disability by denying its reality. The reason for this
has been primarily cost containment and cost
reduction. The monograph on Back Pain in the
Workplace probably best reflected this philosophy
wherein pain was defined as activity intolerance and
disability as unemployment. Recently Bill 99 in the
Ontario legislature has put forward changes in the
Workers‟ Compensation Board‟s provision which in
essence would limit patients‟ medical and
compensation entitlements to anywhere from 6-13
weeks depending upon the nature of their job.
Responsibility for rehabilitation and getting the
employee back to work would be transferred to the
employer.
Undoubtedly, accommodations by employers are
essential in enabling injured workers to successfully
return to some form of employment. However,
under the new proposal, the employer is only
responsible for trying to provide suitable or
comparable work and the temptation to deny
workers‟ injuries, particularly in non-union
environments, will no doubt be high.
This approach is a radical departure from previous
policies. Models of chronic pain management
through denial are based on the proposition that
chronic pain occurs as a consequence of
compensation and inappropriate treatment.
Moreover, they emphasize the outmoded concept
that soft tissue injuries heal after six weeks and cling
to increasingly irrelevant behavioural models of
chronic pain.
The irony of developments is that they come at a
time when we understand the physiological basis of
chronic pain better than ever before. As well, the
concepts that chronic pain are largely secondary to
compensation or psychological factors have been
largely refuted. Scientific evidence of a
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physiological causation for ongoing chronic pain is
well-recognized and even the biopsychosocial model
recognized the importance of organic factors in
chronic pain.
Chronic pain disorders generally develop after a
repetitive low impact type of trauma or a single high
impact trauma. Much of the debate regarding
persistent pain revolves around the normal
anticipated time for musculoligamentous healing to
occur. There has long been misconception that all
injuries should heal after six weeks. This rationale
is based on a few animal studies and the clinical
experience that the majority of injuries do improve
within six weeks. However, clinical experience and
follow-up studies clearly demonstrate that not all
patients necessarily get better and that there is a
significant subset who continue to suffer from
chronic symptoms. Some become disabled,
depending upon both the intensity of pain and
psychosocial factors, such as the type of
employment they are involved in.
Ironically, in sports medicine it is well recognized
many professional and non-professional athletes
have longstanding injuries which are soft tissue in
nature, which do not get
better with time, or which
require many months of
therapy and abstention from
sports. Such injuries have
terminated many promising
careers. The legislation in
Bill 99 for the WCB of Ontario proposes standards
for injured workers which could not be met by many
professional athletes, despite the fact that they are
highly motivated and in top physical shape, have the
best medical care and trainers and receive full
compensation even when injured. Fortunately, such
individuals are not included in this proposed
legislation which, if extended to prominent athletes,
would result in a public outcry.
The evidence that chronic pain has an organized
etiology is growing and has become increasingly
compelling. In the area of whiplash injuries, the
work of Bogduk and associates in Australia has been
particularly interesting in that they have been able to
4
demonstrate that when local anaesthetics are used to
block cervical facets joints a majority of appropriate
patients experience reduction in their pain far in
excess of that from placebo injections. In addition,
they have shown in a controlled trial that
percutaneous neurotomies denervating these same
facet joints will significantly reduce or eliminate the
pain of these individuals for periods in excess of six
months. It is interesting that this highly impressive
research is largely ignored outside and to some
extent within the academic community.
There is also impressive evidence of significant
biochemical abnormalities in disorders such as
fibromyalgia where three independent studies have
demonstrated levels of substance P in the cerebral
spinal fluid 2 - 3 times that of normal control. As
well, we know that based upon animal data there is
significant evidence of neuroplasticity in the spinal
cord in response to pain stimuli which could account
for the clinical picture of regional pain syndromes.
In these conditions neurotransmitters such as
substance P have also been implicated. More
recently altered regional cerebral blood flow have
offered opportunities to actually document a
physiological evidence about pain, the scientific
evidence does not appear to be reaching legislators
or those clincians who seem determined, based on
ideology, to impose draconian alternative paradigms
to deal with chronic pain and in particular its
associated disability.
To justify such an approach psychosocial factors are
often implicated as causative. However, a wave of
recent research has demonstrated that psychological
factors are more secondary to pain than causative.
The high incidence of psychological problems seen
in tertiary care clinics reflects tertiary care selection
biases and the literature, which largely arises from
such clinics, clearly displays this bias. In fact, the
problem may be more related to the chronic pain
patient‟s unwillingness to accept (and subsequently
adapt to) their pain and its limitation. Psychological
difficulties occurring as a consequence of the pain
and subsequent disability are often misinterpreted as
causative.
Individual coping mechanisms vary but this is true
of any medical disorder. Patients with rheumatoid
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arthritis can have significant psychological
difficulties and it has been suggested that
psychological factors contribute to rheumatoid
arthritis pain and functional disability, independent
of disease activity. Among spinal cord injured
patients with pain, over one-third of individuals who
stopped working after the spinal cord injury said it
was because of their pain and not
their paralysis. Interestingly, pain was regarded by
these spinal cord injured patients as a significant
cause of work disability even when the individual
had a more “acceptable” alternative explanation (ie.
paralysis) for work disability. It also suggests that in
some patients pain is regarded as more disabling
than paralysis/paresis.
The controversy about chronic pain and disability is
inevitably tied to perceived secondary gain and the
availability of compensation. Recent data suggests
that compensation is important, particularly in terms
of the number of claims but that its importance has
been overrated in terms of pain as it accounts for
only a small degree of the variance seen, (6% in one
meta-analysis). Its effect on claims is gradational, a
not unexpected relationship. On the other hand
“secondary gain” is a vague term which has never
been well explained. Anybody who treats these
patients regularly realizes that the concept of
secondary gain also has to be coupled with
secondary losses and most of these patients continue
to have pain despite the fact that secondary losses
clearly exceed secondary gains.
It is most disconcerting that the patients who will be
affected by changes in legislation are those shown to
be at highest risk of disability, namely those in lower
socioeconomic groups, in particular those who are
poorly educated, who lack transferable skills, are
older and more likely to perform heavy or repetitive
physical labour. Most of these would be classified
as “blue collar” workers or the “working poor”.
Many are immigrants with limited communication
skills and/or working women who appear to be more
susceptible to developing conditions such as
repetitive strain injury, fibromyalgia and myofascial
type pain. Attempts to deal with chronic pain
disability as a social problem will serve only to
target those individuals who are especially
vulnerable to withdrawal of support. This
vulnerability is further
enhanced by significant changes in the availability
of work for individuals without specific technical
skills and a decreased willingness on the part of
employers to accommodate or compromise the
workplace for injured workers. This is not just true
for chronic soft
tissue type pain but is also reported in conditions
such as rheumatoid arthritis.
Canada is becoming increasingly less sympathetic
towards the weak, the poor, the injured and the
disadvantaged. The Darwinian mindset sees such
individuals as a drain on society and in particular,
contrary to the economics of profitable business.
Certainly the cost of disability is an important factor
that must be taken into consideration. However, we
seem to have crossed a threshold where it is
increasingly acceptable to demonstrate a lack of
empathy or compassion for anybody who is injured
and in particualr, those who have chronic pain.
Governments not only fail to display compassion for
injured workers, but displaying such compassin is
seen as weakness for not staying the course of
significantly reducing direct costs.
As health care professionals and researchers, we
have an obligation to point out to our politicians and
society in general that there is a significant human
cost to proposed policy changes. Short-changing
people when they are most vulnerable is going to
markedly increase suffering while at the same time
swelling the welfare roles and transferring the
problem to other jurisdictions.
Although such measures may well force some
individuals to return to work who might not have
otherwise done so, the fact is that the vast majority
of individuals are likely going to end up without
resources at a time when they need them the most.
Knowing what we now know about chronic pain,
such an approach clearly strains the ethical
responsibilities we have for those individuals who
are limited by chronic pain in our society.
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This report was presented at the hearings on Bill 99
in London, ON.
counseling to assist injured workers adjust to the
rationalizations that their entire life has been
impacted by a workplace injury and the results are
YUKON
permanent. Pain Clinics are viewed by injured
workers as a formality prior to terminating benefits
even if the worker is still suffering from the work
related disability.
The Yukon has no policy on chronic pain. What
they have is a policy that deals with other related
conditions that hinder recovery. Conditions that
hinder recovery from a work-related disability
includes, but are not limited to the following:
alcoholism, drug addiction and chronic pain. The
Board allows for 6 weeks of treatment.
However, the administration of the WCB is
interpreting this policy to apply to workers who are
suffering a disability as a result of a work-related
injury. The Board makes no distinction between
Chronic Pain (organic findings) and Chronic pain
Syndrome (non-organic findings) and is very quick
with the euphemism -its pain that‟s limiting your
ability not the injury and the WCB doesn‟t pay for
pain.
To take it to the absurd, a burn victim in
excruciating pain from the wounds would only be
entitled to 6 weeks of benefits, as it is the pain that is
stopping him from working, not any functional
disability.
I believe that the policy is intended to deal with noncompensable barriers to employment and not
conditions arising out of or in the course of
employment. I believe in the Yukon, workers are
entitled to full total temporary benefits until they are
assisted to overcome the physical, social and
economic hardships brought on by the disability.
Several of the cases were brought through the appeal
process prior and were unsuccessful. I am unaware
of the arguments used then, however, we have a
good case going before the Appeal Panel in the near
future. There are also plans for Policy and
Legislative review and we are hoping to have
favorable amendments made.
Chronic Pain and Syndrome clients have been dealt
with very poorly in the territory. Historically there
is very seldom early diagnosis, limited psychological
6
BRITISH COLUMBIA
A Task Force on Pain in The Workplace, financed
by WCB and the Insurance Companies, is trying to
state that if you are chronically disabled because of
pain, that you should be treated as refusing to work;
causing your own unemployment and therefore
abandoned by the system of insurance, be it through
WCB or private companies or CPP. The areas of
analysis these people are using to arrive at their
conclusions is based on a process developed by
Miller, that is over 35 years old AND WHICH HAS
BEEN PROVED TO BE INHERENTLY FLAWED,
with the results that data gathered using this method
is transparently self promoting.
Many Doctors, who are nationally and
internationally published, are coming to recognize
that those who promote this type of analysis are not
keeping abreast of the current medical research and
findings. It has, in fact, been published in both
medical and psychological journals that they are
simply “bankrupt” in their expertise in these matters.
It is also clearly stated that there is only one issue at
stake when dealing with people who are disabled
through pain: MONEY, and how to stop you getting
it!
The facts show that between 6% and 10% of people
suffering, seriously and continuously, from pain are
work disabled. (Disability is defined as “a
restriction or lack……. of ability to perform an
activity in the manner or within the range considered
normal for a human being.” World Health
Organization)
The difficulties for the sufferers of chronic pain arise
from the following. Because there are often no
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clearly defined reasons for the pain in the form of xrays (etc), then doctors cannot clearly state why the
person is suffering. Doctors, therefore, tend to be
wishy-washy in their statements regarding the level
of disability being suffered. Several very serious
articles published as recently as 1997 state: that it is
poor medical knowledge and practice that is at fault.
They seriously suggest that doctors do not know
their stuff and fall back on the readings, at the time
of their training, often by people such as Miller, who
use terms such as psycho-social, psychopothegenic,
secondary gain, etc. Basically, these mean that the
pain sufferer‟s disability is “all in his head” and that
he is trying to fraudulently get compensation for a
minor injury. It might also be suggested that doctors
adhering to this medico-legal analysis are in breach
of their Hypocratic oath for the following reasons.
Though there are no clearly defined pathoanatomical or patho-physiological explanations in
85% of cases where long term pain is experienced, it
is known that many of the cases result from trauma,
i.e. an accident of some kind.
It is regularly stated by doctors, apparently
incorrectly, as generally being repaired in a very
short time. They do not take into consideration,
however, work by people such as McNole, which
denies this and has proved that “important physical
alterations occur that could be the source of chronic
pain.”
Though it is clearly known that there are a wide
array of injuries that do not “heal” in the expected
time and actually defy the models being promoted
by the insurance companies and WCB in particular,
doctors continue to penalize sufferers due to their
lack of knowledge and understanding.
Alternative reasons for the long term pain being
suffered are promoted by people like Barnsley et al
who provides strong evidence of FACET JOINT
involvement in neck traumas. Sturzenegger and
colleagues found that whiplash patients who still had
problems after one week - which they state was
indicative of a more severe injury - were
significantly related to symptoms at one year (post
accident).
P.D.Wall has found that chronic pain can be induced
by biochemical abnormalities that can result after
trauma. Mense has recently published an article
regarding pain chronicity arising from muscle
damage.
And on it goes, providing data and a growing body
of evidence that there is a well documented
neurophysiological basis for the persistence of pain
in so-called “soft tissue injured”.
Thomson (1997) states that: “Bankrupt experts
operate with the faulty assumption that pain not seen
on x-rays or scans, nor cured by surgery, was “nonorganic” equaling “psychosomatic” which in many
jurisdictions (insurance companies) is noncompensable.
She suggests that doctors, when dealing with such
pain, show “a failure to follow carefully drawn
dermotormal maps. The problem seems to rest with
the cartographers (doctors) NOT the patients.”
She refers back to the important work by P.D.Wall
who - “outlined the limitations and inherent
inaccuracies in current dermatormal maps because
DERMATOMAL BOUNDARIES CHANGE
MARKEDLY IF THE NERVE (ROOT) STUDIED
IS SECTIONED ON THE PERIPHERAL SIDE OF
THE DORSAL ROOT GANGLION.” These facts
may invalidate the use of the Ransford pain
drawings which are often used to detect malingerers
and people suspected of psychosomatic problems.
This leads us to the concept of secondary gain,
which includes the concepts of “rights” and
“compensation”. This all encompassing and poorly
defined concept suggests that those persons
bedeviled by their pain will gain economically,
physically and emotionally from having an illness
and this casts suspicion on the legitimacy of the
recipient. Those of us in this condition have no
doubt that it affects the quality of treatment we
receive and this prospect is supported by Fishbain
when he states, “the identification of PRESUMED
secondary gain does not necessarily mean that
secondary gain had an etiological or reinforcing
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affect on the chronic pain” an ERROR referred to as
“over-inference”.
machines, morphine implants and now they are
trying to push for brain and back implant.
He backs this up by further discussing the REALITY
of chronic pain sufferers when he clearly and
specifically discusses SECONDARY LOSSES and
infers that where these outweigh potential gains,
they must be treated with a higher degree of
relevance to support the injured party.
Most of the treatments are only short term and most
often claimants return to medication to control pain
and increased spasms. Most injured workers with
chronic pain are treated very poorly and told that the
pain is all in the head. They usually send workers to
a psychologist and have the Board‟s words come
through the Psychologist‟s mouth. After two or
three visits to a psychologist they are cut off.
Dr. Gary Lea in his paper on Secondary
Traumatization, would seem to concur with this line
of reasoning, expanding on the process to the extent
that people who are suffering from chronic pain are,
in fact, made to suffer even more by the
organization‟s supposedly there to relieve their
misery.
In conclusion, for those who are still skeptical and
too lazy to think of doing their own research, I
would refer you to a recent article/editorial by
Quinn Hogan which outlines reasons why the old
experts have not been successful and how new
approaches can.
[This letter is based on published articles by R W
Teasell and Harold Marsky and Ellen Thompson.]
SASKATCHEWAN
This letter is in regards to chronic pain in the
province of SK. The WCB seems to have a hard
time accepting chronic pain. The problem with
chronic pain is most people and WCB do not
understand the effects it has on injured workers.
WCB thinks chronic pain is in the injured workers
head, or that he or she is faking the disability.
When someone is in severe chronic pain, it is so
devastating that the individual has a hard time to
function properly. No one‟s pain is the same, but
WCB thinks chronic pain is nothing.
Chronic pain victims are not only disabled, but most
chronic pain victims are so devastated trying to cope
with it.
Mike Shepherd
ALBERTA
In Alberta, Chronic Pain may be one of the most
fought issues at appeals. We do have Policy in place
for chronic pain, but having it accepted is very rare.
Policy states: “If because of a workplace accident,
you injury causes prolonged uncontrolled pain: The
Board may compensate a claimant for prolonged and
uncontrolled pain.
The Alberta Board offers pain clinics, and some
alternative medicines and may pay the worker
benefits while the worker is seeking treatment.
Workers often spend countless months appealing
this issue, and are often told the pain is in their
heads. A panel currently is reviewing this policy to
modify it or redo it, both entitlement and treatments.
In Alberta, there are chronic pain clinics, T.E.N.S.
8
Chronic pain is an invisible disability, and most
times WCB and family don‟t understand because
they cannot see the disability. This makes it so hard
for family members to even understand, therefore
causing tremendous stress on families, trying to
understand.
WCB in Saskatchewan has gone as far as paying for
chronic pain implants, but says it does not recognize
chronic pain as a disability. Very easy for someone
to say when they haven‟t experienced it themselves,
and have no idea.
Some chronic pain would be like being burnt, or
some of the worst migraines, or even feeling of
stabbing pain 24 hours around the clock.
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We know some people take time off work for a flu,
or bad cold or just not feeling well. This isn't even
close to comparing with chronic pain.
We have seen and heard of suicides, marriage breakups, nervous break-downs, etc. with chronic pain
victims. I don‟t know of anyone who would try this
because of the flu or just not feeling well.
We must be sure to make WCB understand. These
people deserve benefits the same as anyone else
would, as it is a disability. CPP recognizes chronic
pain, why won‟t WCB in SK?
Deep Brain & Back implants in
Saskatchewan
In the Province of Saskatchewan, I have met and
seen persons who have had back and brain implants
for chronic pain. My understanding is these people
were told by WCB in SK, that if they didn‟t have
these implants then benefits would be terminated.
I have seen the equipment that was used on a patient
that has received 9 back implants, and 4 deep brain
implants. Can you imagine this many implants on
one person. This individual has a medication
expense of $7,400.00 per month which is covered by
SK WCB, at the same time telling the injured
worker he is capable of working an 8 hour shift.
patients were never ever told it was an experimental
procedure.
I have seen the equipment that was used on one
patient that states on the back of it that it was banned
in the USA in 1982 and is not to be sold in Canada
or to any physician.
These individuals that I have met, are experiencing
minor strokes, and devastating side effects which
has totally disabled these people I do not know of
the exact amount of people that this has been done
to, but we knew the numbers are very, very high in
SK.
We urge the other Provincial injured workers groups
to make sure it is investigated in their own province
to be sure it doesn‟t happen in your own back yard.
We now have lawyers looking into the matter in SK,
and are going forward with a class action suit.
Robert Lindsay
MANITOBA
Manitoba has no clear policy on or entitlement for
chronic pain. A policy was developed by the WCB
in 1990 that would provide some limited coverage
for chronic pain. Unfortunately, that policy was
never adopted.
ONTARIO
The people I have met, have had the wires left inside
their head as they cannot be removed, but they were
originally told they could be. These people, because
of what has been left inside of their brain, are
experiencing so many side effects, that they are
totally disabled. WCB disagrees with that.
These people‟s lives have been shattered because of
the side effects. They cannot go outside very often,
bright lighting affects them, even in an electrical
storm - they must stay inside.
Our understanding is these implants were never
meant for chronic pain. It was a trial base for
Parkinson Disease - not for Chronic Pain. These
From WCB Policy Report
December 1990 Volume 3
CHANGES TO CHRONIC PAIN
DISABILITY (CPD)
Category 1
Minor Impairment of Total Person (10%)
In this category the Injured worker‟s daily activity is
slightly limited and no apparent difficulties are
reported in personal adjustment. There is also some
loss in personal or social efficacy and the secondary
psychogenic aggravations are caused by the
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emotional impact of the accident. A mild anxiety
reaction is apparent. The display of symptoms
indicate a form of restlessness, some degree of
subjective uneasiness and tension caused by anxiety.
There are subjective limitations in functioning as a
result of the emotional impact of the accident.
The disability, from the psychiatric point of view, is
not expected to be permanent.
Category 2
Moderate Impairment of Total Person (15% 25%)
In this category, the worker is still capable of
looking after personal needs in the home
environment but, with time, confluence diminishes
and the worker becomes more dependent on the
members of the family in all activities which take
place outside the home. The worker demonstrates a
moderate, at times episodical, anxiety state, agitation
with excessive fear of re-injury, nurturing strong
passive dependency tendencies. The emotional state
may be compounded with persistent pain, signs of
emotional withdrawal and depressive features loss of
appetite, insomnia, chronic fatigue, low noise
tolerance, mild psychomotor retardation and definite
limitations in social and personal adjustment with
the family. At this stage, there is a clear indication
of psychological regression.
Category 3
Moderate Impairment of Total Person (30% 50%)
In this category, the worker displays a severe anxiety
state, definite deterioration. In family adjustment,
incident breakdown of social integration, and longer
episodes of depression. The worker tends to
withdraw from the family, develops severe noise
intolerance and a significant diminished stress
tolerance. A phoble pattern or conversion reaction
will surface with some bizarre behavior, a tendency
to avoid anxiety-creating situations, with everyday
activities restricted to such an extent that the worker
may be homebound or even room bound at frequent
intervals.
Category 4
Severe Impairment of Total Persons (60% - 80%)
10
In this category, the worker clearly displays a
chronic and severe limitations of adaptation and
function in the home and outside environment. The
worker is withdrawn, forgetful, unable to
concentrate, and needs continuous emotional
support outside environment. The worker is
incapable of self care and neglects personal hygiene.
There may be an obvious loss of interest in the
environment and the worker becomes extremely
irritable, showing significant emotional liability,
changes of mood and uncontrolled outbursts of
temper. The worker may be severely depressed with
outstanding features of psychomotor retardation and
psychological regression. The worker is usually
homebound or even room bound. Because both the
CPD and Psychotraumatic rating systems are based
on assessing the effect of the impairment on an
injured worker, and because the Psychotraumatic
system is more detailed and therefore, more precise,
the board of directors considered it reasonable to use
only that schedule for both CPD and
Psychotraumatic conditions, and to rename it:
“Psychotraumatic and Behavioral Disorders Rating
Schedule”. As such, the old Interim CPD rating
schedule has been abolished, and **CPD***
Fibromyalgia syndrome (recognized as variant of
CPD), and *** psychotraumatic disabilities will all
be rated under the new schedule:
Level of Total Person
Impairment
Category 1…….
Category 2…….
Category 3…….
Category 4…….
Degree of
Impairment
10%
15% - 25%
30% - 50%
60% - 80%
The change in the rating schedule is
retrospective from March 27, 1986, the
effective date of the CPD policy.
QUEBEC
L'indemnisation pour la douleur chronique
Au Québec, l'indemnisation pour la douleur
chronique n'existe pas en tant que telle dans le cadre
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de la Loi sur les accidents du travail et les maladies
professionnelles. Toutefois, les victimes d'accidents
et de maladies du travail qui souffrent de douleur
chronique peuvent avoir accès à divers traitements
dans le cadre de la réadaptation.
Ces personnes peuvent donc, dans la mesure où la
CSST accepte de les leur accorder, recevoir des
traitements de physiothérapie, d'acupuncture, de
massothérapie, de phychothérapie, etc. Également,
si la douleur chronique entraîne une lésion d'ordre
psychologique, cette dernière peut être indemnisée
par la CSST.
Ainsi, même si la douleur chronique n'est pas
formellement indemnisée dans le cadre du régime
québécois d'indemnisation, elle peut donner
ouverture à certains soins ou à la reconnaissance de
certaines lésions qui en découlent.
Chronic Pain - Quebec
In Quebec compensation for chronic pain does not
exist per se with in the scope of the Act respecting
accidents and occupational diseases. Nevertheless,
injured workers suffering from chronic pain may
access different treatments as part of their
rehabilitation program.
These persons may therefore receive physiotherapy,
acupuncture, massotherapy, psychotherapy and other
treatments, inasmuch as the CSST agrees to grant
them. Also, if chronic pain leads to psychological
injury, the latter may be compensated by the CSST.
Therefore, although chronic pain is not officially
compensated within the Quebec compensation
system, it may lead to some care or the recognition
of some injuries stemming therefrom. -Liane
Flibotte
NEW BRUNSWICK
Chronic pain is not compensated for in NB. In fact,
specific policy is written regarding
FIBROMYALGIA (25-041) and MYOFASCIAL
PAIN SYNDROME (25-040).
Fibromyalgia syndrome is considered a personal
condition, not the result of trauma, and thus, not
acceptable by the Workers‟ Compensation Board.
Myofascial pain syndrome may be initiated by a
work injury, thus establishing a relationship between
the cause and effect. The Workers‟ Compensation
Board is responsible for the original trauma to the
muscle only and has no responsibility for the
perpetuating factors which are not related to the
accident. However, should the perpetuating factors
be caused by a work-related activity, the Board‟s
responsibility continues.
PPI awards do not consider pain an impairment
ratings. Since myofascial pain syndrome is defined
as a muscular disease which is considered to be
completely reversible in the absence of perpetuating
factors, along with no demonstrable physical or
anatomical lesions, it is not considered for the
awarding of a Permanent Physical Impairment
Award, or P.P.I., in accordance with s.38.2(8) of the
Workers’ Compensation Act.
WHSCC is presently considering a large number of
amendments. A special organization has been
adopted to review these proposed amendments.
Stakeholders: labour, employers, injured workers,
workers‟ advocates, employer advocates, etc. have
all been invited to respond in writing to any & all
the proposals under consideration. WHSCC staff
will meet with groups to discuss and clarify any
intent or ambiguities that may exist. Groups are
invited to make an oral presentation to elaborate
upon their written submission. This is, by far, the
most elaborate process I have come across when
amendments to the OH&S Act, the WCAct and the
WHS&CC Act have been considered. Perhaps the
Commission realizes that the tactics used in the past
are not acceptable. It‟s about time!
The proposed amendments to the three Acts have
been classified into the following eight categories:
11
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Canadian Injured Workers Alliance
1.
2.
3.
4.
5.
6.
7.
8.
Health & Safety Issues
Eligibility Issues
Assessments
Obligations
Third Party Actions
Powers of the Commission
Board of Directors & Appeals Tribunal
Housekeeping
I will briefly note what I believe will have a
detrimental effect on injured workers in NB.
WC Act Sec. 41(16)
Worker responsibility not to impede medical
treatment
Proposed change expands 41(16) so that when a
non-injury related factor impedes recovery, the
Commission can also reduce or suspend benefits! If
a worker refuses to be treated for a workplace injury,
he/she will be open to having benefits suspended.
WC Act Sec. 10(1) etc.
Third Party Actions
Presently, a worker who is injured in an accident,
caused by a party outside the compensation system,
may claim compensation or begin his or her own
legal action. For example, while driving a delivery
vehicle for your employer, someone runs into you
and you are injured. You can 1) claim compensation
or 2) begin a legal action against the driver that ran
into you. One or the other, not both.
WC Act Sect 34(2)
Exclusive Jurisdiction
It is proposed that the Commission be given the
authority to determine the work-relatedness of a
factor that prolongs an injury. When the
Commission believes the injury is prolonged by a
personal trait, the matter will at some point, cease to
be work related. Apparently, this proposed change
is to “… ensure the employer is only supporting
workers who have work related injuries, thereby
ensuring that there are sufficient funds available for
workers with work related injuries.” Isn’t that what
assessments are for ??
WC Act Sect. 20(1)
Relationship with Appeals Tribunal
The Board of Directors want to be “authorized” to
govern the Appeals Tribunal! Members of the
Board of Directors, have served as members of the
Appeals Tribunal for several years. Advocates have
repeatedly argued that this is a conflict of interest.
Tribunal hearings are not “fair” when members of
the Tribunal are responsible for the policy that
denied the claim, etc. in the first place.
Here are some proposed changes that I think are
good for the injured worker. Unfortunately, there is
more bad than good.
non-residents of NB would be covered by
compensation;
We are close to the Maine border. Some
people lived in Maine and worked in NB.
Presently, if they were injured in NB they are
not covered. Only residents of NB are
covered.
“every person” assisting a peace officer in
arresting any person … when requested to do
so … shall be determined to be an employee
of the Crown.
Two options for change are being considered:
1. No right to action against any third party;
2. Third party action would be permitted only
under narrow circumstances.
The end result will be that additional settlement
funds will not be available to injured workers. In
the past, if the injured worker claimed
compensation, the Commission would take action to
collect its costs, provide the accident employer with
cost relief, and give the excess money recovered,
less expenses, to
the injured worker. This, occasionally, would net
the injured worker thousands of dollars $$$.
12
This change would ensure that coverage is
extended to a wider group who may be called
on to assist in an emergency.
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Hopefully, this will assist the Commission in
providing faster service to injured workers.
These proposed changes, and many more, may be reworded or eliminated over the next little while. I
will keep you informed as things progress.
workers who are taken out of their assigned
programs by his or her attending physician after only
days into this program because of their continued
pain.
Wendy McGee
NEWFOUNDLAND
The number of injured workers each year who
receive Chronic Pain Intervention in Newfoundland
and Labrador are less than 50 per year. All injured
workers from this province and Labrador have to
travel to St. John‟s for this program.
The latest figures from the Workers‟ Compensation
Commission of Newfoundland and Labrador
indicated that for the year 1996, only thirty-seven
injured workers participated into the Chronic Pain
Program. The average cost for this five week
program was $6,245.00 per injured worker, for a
total cost of $231,000.00 for 1996. Travel and
accommodations and meals are not included in the
above figures, they are paid separately by the
Commission.
The Newfoundland and Labrador Injured Workers
Association is of the opinion that the present policy
(CM-09 Chronic Pain) is not being implemented to
the betterment of injured workers in this province.
This association believes that all injured workers
who experience pain from a compensable injury
beyond the usual healing time for the injury should
be encouraged to have chronic pain intervention
before the commencement of any WCC sponsored
rehabilitation programs.
At present an injured worker may receive workhardening, ease back to work, upgrading and or
formal re-training before any Chronic Pain
Intervention. Injured workers who start any of the
above mentioned commission sponsored programs
often can‟t participate or complete their program due
to their continued pain. There are those injured
13
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
La douleur chronique
Le nombre de victimes d‟accidents et de maladies du
travail qui reçoivent des soins pour la douleur
chronique à Terre-Neuve et au Labrador est inférieur
à 50 par année. Toutes ces personnes doivent se
rendre à St. John‟s pour recevoir leur programme.
Selon les dernières statistiques provenant de la
Workers‟ Compensation Commission (WCC) de
Terre-Neuve et du Labrador, seulement 37 victimes
d‟accidents et de maladies du travail se sont
prévalues du programme de douleur chronique pour
l‟année 1996. Le coût moyen de ce programme de
cinq semaines a été de 6 245 $ par personne pour un
coût total de 231 000 $ pour l‟année 1996. Ces coûts
ne comprennent pas les déplacements,
l‟hébergement et les repas, ces frais étant payés
séparément par la Commission.
La Newfoundland and Labrador Injured Workers
Association estime que la politique actuelle (CM-09
Chronic Pain) n‟est pas appliquée à l‟avantage des
victimes d‟accidents et de maladies du travail de
cette province.
L‟association en question est d‟avis que toutes les
victimes d‟accidents et de maladies du travail qui
subissent des douleurs découlant d‟une lésion
indemnisable dépassant le temps de guérison
normal de la lésion devraient être encouragées à
recevoir des soins pour la douleur chronique avant
de début de n‟importe quel programme de
réadaptation financé par la WCC.
En ce moment, une victime d‟accident ou de
maladie du travail peut bénéficier d‟un programme
de conditionnement au travail, de recyclage ou de
formation formelle avant une intervention pour la
douleur chronique. Ces personnes qui entreprennent
l‟un ou l‟autre de ces programmes financés par la
Commission souvent ne peuvent pas s‟inscrire au
programme ou le terminer à cause de leurs douleurs
continuelles. Il y a aussi des personnes qui doivent,
sur ordonnance de leur médecin traitant, se retirer du
programme qui leur a été assigné après seulement
quelques jours à cause de leurs douleurs
14
NOVA SCOTIA
From the internet.
I have assessed thousands of so-called healthy
individuals in a variety of environments and I can
tell you that less than 20% of these people display
what could be considered even adequate metabolic
or structural fitness, never mind kinesthetic
awareness and other issues of movement awareness.
Does this not likely play a large role somewhere
down the line?
I‟m really beginning to see how clinical, legal, and
moral issues are getting intertwined here in a way
that seems to be generating more heat than light.
They end up getting intertwined, not just in this
discussion, but in real life, because of the legally and
morally difficult questions clinicians end up being
asked to play a role in deciding. I‟m also seeing
here and in other things I‟m reading, problems arise
because clinicians and researchers don‟t understand
the limitations in the information they‟re being
asked to provide. I don‟t mean limitations in the
sense that “science doesn‟t yet have all the answers,”
but in the sense that there are complicated legal
issues and good legal reasons for responsibility in
legal terms to be considered in certain ways, and
clinicians and researchers come at these issues
without enough awareness of these issues.
Of course, in treating someone with an RSI, and in
dealing with your own RSI, you have to get yourself
(your patient) into a state of fitness or body
awareness that is not common in our society.
Anyone who resists this idea “because it‟s their
employers fault” is being dysfunctional, as Greg
says, I think.
I was just asking the medical ethicist down the
hallway about this, and she says the particular area
I‟m asking about is just one giant mess at the
moment, with bureaucrats giving themselves
permission to do whatever they like, whatever the
legal situation is.
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
The basic idea of what I‟m about to quote is that
employers have responsibility for workplace injuries
even where the worker is vulnerable to those injuries
because of factors outside the workplace. There are
good legal arguments for this. I‟m disturbed at the
thought of clinicians working with the very sensible
clinical attitude that patients must take responsibility
for their own health, and then importing that attitude
into input they are asked to give into legal questions
about compensation. The legal issues are different
from the clinical issues.
The Nova Scotia report came with an appendix that
is a legal review of “Chronic pain syndrome”. There
is no indication of who wrote it or what its status is.
“Thin skull doctrine”:
“Early in the development of personal-injuries law
in the Courts it was argued that if the plaintiff victim
had a particular susceptibility to the injuries
suffered, the negligent defendant ought not to be
liable for the full extent of the damage. The
question, in effect, was this: if I negligently strike a
person in the head in a fashion which in a normal
person would have produced only a bruise, but the
person I happen to hit has an egg-shell skull and it
fractures, must I be liable for the fractured skull?
The answer the Courts have given to the question is
clearly yes: you must take your victim as you find
him.
“The thin-skull doctrine also applies in Workers‟
Compensation cases and for two reasons. One
reason is that permitting compensation to be denied
or adjusted because of pre-existing pre-disposing
personal deficiencies would very substantially
reduce the nature of the protection afforded by the
compensation system as compared to the Court
system for reasons that would not be understandable
in terms either of the historic bargain or of the
wording of the legislation. The other reason is that
in the compensation system, injured persons become
entitled to compensation because they have been
engaged as workers. They have functioned as
workers with any pre-existing condition they may
have had. It seems wrong principle that conditions
which did not affect their employment as workers
should be relied upon to deny them compensation as
injured workers.
“It is acknowledged by the Courts that the principles
applicable to thin skulls apply equally to „frail
spirits‟.”Decision No. 915 (1987) 7 W.C.A.T.R. 1
(Ont. W.C.A.T.) [at 136].
Just to sum up what I understand by that: If
someone forces you to run a marathon, and you die
of a heart attack during it, they are still legally
responsible for your death (and not just for having
held a gun at your head and made you run), even
though you might have been sufficiently well-trained
to have survived the marathon. This is true in
compensation law too: when workers gave up their
right to sue in favor of this no-fault system of
workers‟ compensation, they weren‟t agreeing to a
lesser protection of their rights than under the former
system, certainly. Furthermore, in the work place, if
a degree of fitness that is maintained by less than
20% of the people he sees is not a condition of
employment, then it isn‟t a condition of
compensation either. That makes sense.
Furthermore, on the next page, the report says that
where there is multiple causation, “the Court will, if
necessary, separate out the other factors and award
accordingly. The Courts have awarded damages for
chronic pain with a condition that developed
because of the accident, in combination with other
factors.”
If that is, in fact, what the Court will do, I don‟t
know where the Nova Scotia WCB gets off
declaring that they will not compensate for multifactoral conditions, like myofascial pain syndrome.
So, with Greg‟s needlepoint example: If the injury
is entirely the result of needlepoint, and not the
result of employment, this doesn‟t matter much for
treatment: you treat the injury for what it is. Of
course, since part of treatment in this area is
changing habits, the person has to change how and
whether he or she does needlepoint, and no amount
of workplace ergonomic change will affect that.
15
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
It is a problem, as Greg is trying to point out, when
people‟s political commitments make it impossible
either for them to see that a particular injury is
caused and maintained in the workplace or that a
particular injury is caused and maintained outside
the workplace.
When it comes to legal questions however, which
people like physiotherapists are, apparently,
increasingly being asked to play a role in, then it
does make a difference what the cause is. An injury
from needlepoint plays into insurance, disability
leave, and so on just like an injury from a skiing
accident on your vacation would. When it comes to
disability, accommodation in the workplace, then
surely that accommodation, again, doesn‟t have
anything to do with the cause of the injury. I‟m
entitled to disability accommodation whether I was
injured while skiing or injured at work.
Where there is multiple causation, then the Courts
will weigh this, with some testimony from medical
experts, but it is not up to a medical expert to say
that the injury is multi-factoral and therefore not the
employer‟s fault (this is one of the problems with
the Murray report). The Court‟s standards of
causation are not the same as the clinician‟s, and
again, there are good legal reasons for this.
Lynette
Sorehand FAQ: http://www.ucsf.edu/sorehand/
16
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
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Letters to the Editor
Dear Editor:
I just received a letter from our WSIB (read WCB part of the Bill 99 master plan to privatize our
public workers compensation system) saying that
they were in the process of reviewing chronic pain.
An independent scientific study has been
commissioned and was due to report by November
1998. The letter was addressed to stakeholder and
was a call for nominations to a second panel made
up of stakeholders to develop policy and guideline
recommendations on how chronic pain should be
compensated, prevented and managed. This was in
response to initial attempts by the Ontario
government to regulate chronic pain out of existence
through Bill 99. Illness due to chronic stress at work
was explicitly exempted from the act. However, in
public hearings held on Bill 99, the government got
caught by a group of doctors who appeared before
them criticizing what was being done.
It wasn‟t that long ago in Ontario that the WCB
recognized entitlement to chronic pain. As far as I
can tell, it was one of the very few jurisdictions in
North America to accept that there is such a
disability. And it didn‟t happen because of good
will or political intervention. An independent
appeal tribunal had been set up in 1985 to hear
appeals on WCB matters and it made decisions
which pushed the Board to adopt policies. The
tribunal‟s decisions in the late 1980‟s were based on
the facts before it, medical reports, expert evidence,
and the claim of an injured worker. The “policy”
adopted by the Board was based on limiting
entitlement and restricting benefits or assistance that
a worker suffering from chronic pain might receive.
So much for individual justice and merits of the
case.
It seems to me that this is just another step towards
complete bureaucratization of the Board.
Entitlement is not based on evidence, medical
assessments of individuals, and worker complains;
entitlement is about policies, Board authority, and
“case management.” When people don‟t get better,
its their own fault. More and more legislation
specifies the Board‟s authority over all medical
treatment and judgements of the worker. Whatever
happened to informed consent?
Yet at the same time chronic pain is a very
widespread experience - it attacks people of all ages.
It seems most often around the joints but not
exclusively. On the internet I located just one site
http://www.goedhart.com/painresource/painlinks.ht
ml with hundreds of links.
What can we do about this? We know that the
experience of pain is real, and we know “policy” is
not much better than denial if the policy allows
bureaucrats like “nurse case managers” to make the
decision.
Injuredworkers.online is interested in your
comments and views.
Andy King, USWA
Editor’s note: injuredworkers.online
is a new website coordinated by a
group of injured workers, union
activists and community legal clinics
based in Toronto. Check it out. Join
injuredworkers.online by sending the
message (not in Subject line)
subscribe injured -l , your email
address without the brackets.
Send message to
majordomo@list.web.net
17
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Dear Editor:
I am writing in reference to the article I had written
in the 1997-1998 Fall/Winter Issue. It highlighted
the fact that I was soon to be subjected to a fourth
New Brunswick Workplace Health, Safety and
Compensation Commission (WHSCC) Appeal
Tribunal Hearing. I also expressed the emotional
and financial strife my family and I were facing as a
result, aside from my physical disabilities.
Unfortunately, my need for a Fourth Appeal Hearing
was the result of the WHSCC Board of Directors.
Rarely involving itself in such matters, it overruled
the previous third Appeal Tribunal decision that
reinstated full benefits.
The circumstances which had lead to this whole
unnecessary scenario of an emotional, physical, and
financial roller coaster ride began on a beautiful
Maritime afternoon in September of 1993, at my
youthful age of twenty three. Having been
employed by one of the largest shipyards in eastern
Canada for approximately 6 years, I was severely
injured through no fault of my own. While working
in a warehouse, a forklift pallet weighing
approximately 70 pounds came crashing down on
the back of my head and neck region. It had been
thrown be a co-worker some 25 feet off a shelving
unit.
Subsequently, eight months later, I was deemed
“capable of returning to my pre-accident
employment” by WHSCC. This decision was
against the objections of my family physician and
specialist. However, there was one extra twist to
this story, my employer informed me that my
employment was terminated and therefore, I had no
employment to return to. It may have been purely
coincidental but, I‟ll leave the speculation to the lay
readers of this publication to decide.
As a result of these unjustified and immoral acts
perpetrated against me, I appealed WHSCC decision
before an Appeal Tribunal on several occasions over
a four year period. Although the cards seemed to be
overwhelmingly stacked against me, I was bound
and determined to fight for my rights. I made a
18
commitment to myself and to my supporters, never
to give up.
Since the newsletter publication of 1997-1998
Fall/Winter issue, I have had my Fourth Appeal
Tribunal Hearing and have received its decision.
I am pleased to inform the readers of the publication,
that Justice has prevailed. I have re-won my
legislative right to be compensated for my injury. It
will be retroactive to that beautiful September
Maritime afternoon in 1993, which will be forever
engraved in my memory as the day that changed my
life forever.
Now focusing on justice for others,
Jeffery Collette
Westfield, NB
Editors Note:
Congratulations Jeffery! Your case shows that we
all must fight for what is right.
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
SPECIAL THANKS TO
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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
Fax ...................................................... 807-344-8683
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
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Canadian Injured Workers Alliance
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CIWA Highlights Newsletter Summer 1998
Description
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Articles about "The Denial of Chronic Pain"; Provincial updates on chronic pain; Letters to the Editor- WCB and chronic pain, WHSCC Appeal.
"Together We Can Win" video and workbook; Speakers Bureau;
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1998
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Labour and Labour Unions
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https://digitalcollections.lakeheadu.ca/files/original/a899cd7af61b424552246bc6a6107a7f.pdf
55f3a78c3288f010ac4b31b6c21bdb0a
PDF Text
Text
l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Focus on WCB Privatization
This issue of “Highlights” looks into the moves afoot to
privatize Workers Compensation in Canada. There has been
lots of talk about this with Liberty Mutual, the largest WC
insurer in the USA, becoming active on the Canadian scene.
Meanwhile, John Burton, a leading expert on Workers
Compensation in the States, has released a study comparing
Private and Public systems of compensation in North
America. He found that private insurance costs more and
delivers fewer benefits to injured workers.
Overall, his report found that our Public Compensation
systems in Canada were more efficient and effective in
providing benefits to injured, diseased or disabled workers.
Other areas of interest in our newsletter are:
Our Peer Support Project.
You may ask what’s peer support? Injured workers
talking to each other, sharing their stories and educating
each other on how the system works.
In the news and views dept. there is an exciting item
about the resolution of support passed at the recent CLC
Convention. There’s much more inside so please read on.
Our next issue focuses on Returning to Work
Send us your thoughts – share your story.
Table of Contents
CIWA/ACVAMT contacts .................2
Projects & Activities ..........................3
Privatization ..........................................4
La Privatisation.....................................4
Provincial Updates ...............................9
News & Views .................................... 13
CIWA Info .......................................... 16
1
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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.
L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL
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
CANADIAN INJURED WORKERS ALLIANCE
Web-site: www.ciwa.ca
Provincial Reps to the Steering Committee
BC … Craig McLachlan, North Vancouver
AB ... James Burke, Calgary
Calgary Injured Workers Assoc.
SK... Robert Lindsay, Regina
Western Injured Workers Society - Sask.
MB... Wayne Desiatnyk, Winnipeg
Injured Workers Assoc. of Manitoba
ON... Joan Crevar, Hamilton
Ontario Network of Injured Workers Groups
QC... Liane Flibotte, Montreal
l‟ATTAQ
2
NF... Phil Brake, Labrador City
USWA
NB... Wendy McGee, Saint John
St. John Labour Community Services Inc.
NS... Dave MacKenzie, Pictou County
ADVISORS…
Andy King, OHCOW
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
ONE STORY FROM THE
PEER SUPPORT PROJECT
“ PEER SUPPORT”
Project Update
Bob (pseudonym) is a 44 year old former worker
at a manufacturing plant. He injured his back
and groin in 1992, and went for an appeal in
1999. He is being medically treated by his family
physician, and was under the care of a
psychiatrist.
We are now half way through our Peer
Support Pilot Project. It is a partnership with
injured workers groups operating in Northern
Ontario. We are supporting and monitoring
the work of four peer support groups of
injured workers and family members.
He is a pleasant man, with a lot of anger towards
the WCB. He doesn‟t understand why the WCB
would choose him to have a hard time. His anger
is directed to the politicians and his accident
employer. He said he was an excellent worker
and had awards to prove it, he had a monetary
award he earned for employee of the month. His
accident employer made it very hard for him to
return to work, that is one of the reasons why he
is not working for his accident employer today.
In his first visit to the peer support meeting he
appeared anxious, probably because he had an
appeal in 2 months. He had concerns about
appeals. At that time he was a very closed
person and would not speak openly about his
problems.
After a few sessions he began to open up, he was
very distressed about his case and what would
happen if he lost it. He mentioned suicide. He
has gained confidence during these sessions and
speaks openly about anything. He is a very
caring and compassionate person and would help
anyone.
There are some things he will not talk about. He
wants to forget the whole experience and move
on. He has some resentment still in him. The
group tried to instill upon him that he was not the
problem, the problem lies in how society treats
injured workers. By meeting with us he came to
understand that it was political decisions that
created this.
Many Injured Workers Groups have had great
success using peer support as one of their key
activities. It can provide immediate help to
injured workers in need. And in turn, it is a
way to involve new members and build a strong
group.
By the end of this project we will develop a
manual about our successes and how you can
get a peer support group going in your area.
.
Did you get your copy yet?
The Survivors manual is a guide for organizing
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
MYTHS AT WORK
This is an excellent video produced by
the Toronto Injured Workers’ Advocacy
Group (TIWAG). It exposes the myths
about how well you are protected by
Workers Compensation. As well it
exposes some of the policies and
practices that are undermining the
system.
Even though it is filmed in Ontario, it
will ring true in any part of Canada. It
is 25 minutes in length and can be
purchased by contacting:
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
The address for their web site is:
www.injured-workers.org
Judy Kondrat at 416-924-6477
Fax
416-924-2472
Email
kondratj@olap.org
Injured Workers Groups can get one
free copy at the same place.
Thanks to all our friends and
supporters in the Ontario Community
Legal Clinics for this great video and
your help over the years !!
Check out these sites:
www.goldrush.com/~koontz/
http://www.mediaring.com/zdnet/pcmag/front.html
www.prairielaw.com
www.wwdp.org
www.caw.ca/departmts/hs e.html
To connect with the injured
workers group nearest you
check out our web site at:
www.ciwa.ca and click on people
and organizations
ATTENTION:
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NEW BACK CARE INFORMATION
We have just received 47 boxes of
pamphlets, books and posters all about
back injury and steps you can take to
better understand options available to you
for treatment and recovery.
A BIG THANKS to Judy Laine-Fine and the
Back Association of Canada, for the
donation of this wonderful material.
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
WCB PRIVATIZATION - Should it Concern Us?
LA PRIVATISATION DE LA CSST ET DES WCB — Doit-elle nous
inquiéter ?
While all compensation boards in Canada "swear" that they will never be sold to private companies, very powerful
interest work day and night to accomplish just that. The folks who will profit from a "McDonald's style" compensation
system are slick. They know that a "big sale event" won't be popular. Their strategy is to reduce the "public"
compensation system to the level of private insurance first. Then they will move in for the kill.
Même si tous les organismes d’indemnisation au Canada « jurent » qu’ils ne seront jamais vendus à l’entreprise privée,
des intérêts très puissants travaillent jour et nuit pour faire justement cela. Les personnes qui vont profiter d’un
système d’indemnisation du genre McDonald's sont très habiles. Elles savent qu’une vente spectaculaire ne sera pas
populaire. Leur stratégie est de commencer par réduire le système d’indemnisation public à un niveau d’assurance
privée. Ensuite, on assènera le coup fatal.
5 REASONS WHY PRIVATIZATION MAY
BE COMING TO A THEATER NEAR YOU:
5 RAISONS POUR LESQUELLES LA
PRIVATISATION S’EN VIENT PEUT-ÊTRE :
1
ONTARIO LEADS THE PACK: Ontario has
recently privatized its Vocational
Rehabilitation Department. Given the
size and clout of Ontario, watch for this
trend to continue in other provinces.
Incidentally a 1990 Alberta study on the
advantages of the workers' comp system
cited that vocational rehabilitation is one
area where the public boards provide a much
better service than private insurance.
Ontario has moved to eliminate this relative
advantage.
2
THE TREND IS WELL FOUNDED. The
Canada-wide preoccupation with
eliminating "the unfunded liability" (the
difference between current assets and future
obligations to the injured) in every
Compensation Board follows the goal of
privatization. Private insurance companies
are not allowed to have "unfunded
liabilities". Because of competition, and
therefore the possibility of business failure,
they need to have enough cash in the bank to
pay all obligations if they were to go under.
5
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
L‟ONTARIO EN PELOTON DE TETE :
L‟Ontario a récemment privatisé son
service de réadaptation professionnelle.
Compte tenu de l‟envergure de cette
province, vous verrez cette tendance se
poursuivre dans d‟autres provinces. Une
étude réalisée en Alberta en 1990 sur les
avantages du système d‟indemnisation des
travailleurs et travailleuses a révélé que la
réadaptation professionnelle était un des
secteurs où les organismes publics
fournissent un meilleur service que
l‟assurance privée. L‟Ontario a opté pour
éliminer cet avantage relatif.
1
2
LA TENDANCE EST BIEN FONDEE. La
préoccupation à l‟échelle du pays
d‟éliminer le passif non capitalisé (la
différence entre l‟actif actuel et les
obligations futures envers les victimes
d‟accidents et de maladies du travail) de
chaque organisme d‟indemnisation poursuit
l‟objectif de privatisation. Les compagnies
d‟assurance privée ne sont pas autorisées à
avoir un passif non capitalisé. Vu la
concurrence, et par conséquent la possibilité
de faillite, elles doivent avoir assez de
liquidités en banque pour payer toutes leurs
obligations si elles devaient faire faillite. La
raison d‟éliminer le passif non capitalisé du
système public est double : il entraîne des
réductions dans les services et prestations
dans un système public, rendant ainsi la
The purpose of eliminating the "unfunded liability" in
the public system is two-fold. It forces cuts in service
and benefits under a "public" system, thus making
privatization more attractive. In addition, the Board
becomes attractive to potential private buyers.
3
THE U.S. INSURANCE INDUSTRY finds workers
compensation the most profitable business.
America's workplaces - among the world's deadliest.
(Another site to check out is: http://www.injuredworkers.org) The U.S. insurance industry is also the
most powerful in the world and is actively interested in
our compensation "business". It's only business is
profit.
4
THE "STATES" ARE THE WORST. U.S. style
compensation and privatization has made the USA
one of the worst systems for injured workers. The
AFL-CIO labour federation documented the story of
Loretta Shelton, a woman in Virginia whose hand was
cut off in 1992 and whose claim was denied for
"misconduct". The company had an unwritten rule that
workers were to never stick their hand into a machine!
Even thoughShelton's employer had removed the guard
on the machine and her supervisor had put pressure on
her to work faster, her claim was denied. (For more
horror stories order "WC Notes" from the AFL-CIO,
815 16th St. N. W., Room 704, Washington, D.C.
20006).
5
RE-THINKING IN ALBERTA. The forces for
privatization are so intense that even Alberta WCB
has had to commission a study in 1990 to look into its
merit. To the dismay of the profiteers, this study
showed that a public WCB system is superior to private
insurance and the Board decided not to go private. In
December 1998 the Alberta Board issued a
"Comparative Look at Workers' compensation Models"
which again shows the superiority of public boards
privatisation plus
attrayante ; aussi, l‟organisme devient plus intéressant
pour les acheteurs privés éventuels.
L‟INDUSTRIE DE L‟ASSURANCE DES ÉTATS-UNIS
trouve que l‟indemnisation des travailleurs et
travailleuses est le secteur le plus rentable de
l‟industrie. Les milieux de travail américains comptent
parmi les plus mortels au monde. (Un autre site Web à
consulter : http://www.injured-workers.org) L‟industrie
3
6
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
de l‟assurance des États-Unis est également
la plus puissante au monde et s‟intéresse
vivement à notre « entreprise »
d‟indemnisation. Son seul intérêt est
l‟argent.
4
LE SYSTEME AMERICAIN EST LE PIRE.
L‟indemnisation et la privatisation du
genre américain est un des pires systèmes
pour les victimes d‟accidents et de maladies
du travail. La FAT-COI a documenté le cas
de Loretta Shelton, une femme de la
Virginie dont la main a été coupée en 1992
et à qui on a refusé la demande
d‟indemnisation pour « inconduite ».
L‟employeur avait une règle non écrite que
les travailleurs et travailleuses ne devaient
jamais mettre leur main dans une machine.
Même si l‟employeur de Shelton avait retiré
le dispositif de sécurité de la machine et que
son superviseur avait exercé des pressions
sur elle pour qu‟elle travaille plus vite, sa
demande lui a été refusée. (Pour connaître
d‟autres horreurs de ce genre, commandez
WC Notes à : AFL-CIO, 815 NW 16th Street,
Room 704, Washington, D.C. 20006, ÉtatsUnis).
5
REMISE EN QUESTION EN ALBERTA. Les
forces de la privatisation sont tellement
intenses que même le WCB de l‟Alberta
a dû mandater une étude en 1990 pour
évaluer ses mérites. À la grande
consternation des profiteurs, cette étude a
révélé qu‟un système d‟indemnisation des
travailleurs et travailleuses public est
supérieur à l‟assurance privée et ce conseil a
décidé de ne pas se privatiser. En décembre
1998, le conseil de l‟Alberta a publié une
étude comparative des modèles
d‟indemnisation qui a encore une fois
démontré la supériorité des conseils publics
comparativement à l‟assurance privée.
Veuillez consulter son site à www.wcb.ab.ca
over private insurance. See their website at
www.wcb.ab.ca
5 REASONS WHY PRIVATIZATION AFFECTS YOU:
1
PRIVATE INSURANCE MEANS LESS BENEFITS FOR
WORKERS. The Insurance Bureau of Canada
representing Canada's insurance industry, says that a
significant number of its companies are ready to take
over workers compensation and adds that "current
benefit levels need to be reviewed." Any doubts as to
what they really mean?
2
PRIVATE INSURANCE IS MORE WASTEFUL. In Ontario
in 1990, 76 cents out of every dollar spent on
workers compensation went to workers, the rest for
administration and medical costs. In the privatized
California system the figures are reversed - only 34
cents for every dollar goes to injured workers.
3
WITH PRIVATE INSURANCE PROFITS COME FIRST.
Private sector insurers can refuse to insure high-risk
employers. One would think that the more
dangerous a job is, the more the worker needs workers'
compensation coverage. Not if you are an insurance
company! In 1992 in the state of Maine, private
insurers withdrew from the market and refused to write
any more compensation policies for profit margin
reasons. For a period of time in that year, new
businesses could not open and workers went uncovered.
4
PRIVATIZATION MEANS MORE MONEY FOR LAWYERS
AND LESS TO THE INJURED. In California, 95% of all
cases go to litigation. An estimated 60% of
compensation funds go to pay legal fees.
5
PRIVATIZATION MEANS MORE SECRECY: Have you
tried to get a copy of your private insurance policy
lately?
7
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
VICTIMES D‟ACCIDENTS ET DE MALADIES DU TRAVAIL.
En
Californie, 95 % de tous les cas sont soumis aux
tribunaux. On estime que 60 % des fonds
d‟indemnisation servent à défrayer les frais juridiques.
1
L‟ASSURANCE PRIVEE SIGNIFIE MOINS DE
PRESTATIONS POUR LES TRAVAILLEURS ET
TRAVAILLEUSES. Le Bureau d‟assurance
du Canada (BAC), qui représente l‟industrie
de l‟assurance au Canada, dit que plusieurs
de ses compagnies sont consentantes à faire
l‟indemnisation des travailleurs et
travailleuses tout en précisant que « les
prestations actuelles doivent être révisées ».
Avez-vous des doutes quant au sens de cette
déclaration ?
L‟ASSURANCE PRIVEE GASPILLE
DAVANTAGE. En Ontario, en 1990, 76
cents de chaque dollar d‟indemnisation
ont été versés aux travailleurs et
travailleuses, le reste a été dépensé pour les
frais d‟administration et de soins médicaux.
Dans le système privatisé de la Californie,
les chiffres sont renversés : seulement 34
cents de chaque dollar sont versés aux
victimes d‟accidents et de maladies du
travail !
2
DANS LE SYSTEME PRIVE D‟ASSURANCE,
LES PROFITS PASSENT EN PREMIER. Les
assureurs du secteur privé peuvent
refuser d‟assurer des employeurs à risque
élevé. On serait porté à croire que plus un
emploi est dangereux, plus le travailleur ou
la travailleuse a besoin de la protection de
l‟indemnisation. Pas si vous êtes une
compagnie d‟assurance ! En 1992, dans le
Maine, les assureurs privés se sont retirés du
marché et ont refusé de rédiger des
politiques de rémunération pour des raisons
de marge bénéficiaire. Pendant un certain
temps, cette année-là, les nouvelles
entreprises ne pouvaient pas démarrer et les
travailleurs et travailleuses n‟étaient pas
couverts.
3
4
8
LA PRIVATISATION SIGNIFIE PLUS
D‟ARGENT POUR LES AVOCATS ET
AVOCATES ET MOINS D‟ARGENT POUR LES
5
LA PRIVATISATION VEUT DIRE PLUS DE DISCRETION.
Avez-vous essayé récemment d‟obtenir une copie de
votre police d‟assurance privée ?
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
QUELLE EST LA LEÇONÀ ÈN RETIRER
WHAT'S THE LESSON?
P
rivatization is a real threat and we should
not depend on the Alberta WCB to lead
the fight against it. Injured Workers
beware! Our task is to act now. The best
way to stem the tide toward U.S. - style
privatization is to improve our compensation
system for injured workers now. While
private insurance has a "killing them softly"
approach to the compensation boards, we
should have a "resuscitate them strongly"
approach to upgrade and update them to the
needs of workers in the new millennium.
Injured workers are not for sale. Workers'
compensation is not for private gain.
Workers' Compensation for Workers? What
an original idea for the year 2000.
L
a privatisation est une véritable menace et nous ne
devons pas dépendre du WCB de l‟Alberta pour la
combattre. Victimes d‟accidents et de maladies du
travail, prenez garde ! Notre tâche est d‟agir
maintenant. La meilleure façon d‟enrayer la vague vers
la privatisation du style américain est d‟améliorer dès
maintenant notre système d‟indemnisation des
travailleurs et travailleuses. Alors que l‟assurance
privée a une attitude de « tuons-les doucement » envers
les organismes d‟indemnisation, nous devrions avoir
une attitude de « ressuscitons-les vigoureusement », afin
de les renouveler pour qu‟ils répondent adéquatement
aux besoins des travailleurs et travailleuses dans le
nouveau millénaire.
Les victimes d‟accidents et de maladies du travail ne
sont pas à vendre. L‟indemnisation des travailleurs et
travailleuses n‟existe pas pour le gain privé.
L‟indemnisation des travailleurs et travailleuses pour
les travailleurs et travailleuses… quelle excellente idée
pour l‟an 2000.
A FUN QUICK TEST OF INTELLIGENCE.
READ THIS SENTENCE:
FINISHED FILES ARE THE RESULT OF YEARS OF SCIENTIFIC STUDY
COMBINED WITH THE EXPERIENCE OF YEARS.
NOW COUNT ALOUD THE F'S IN THAT SENTENCE.
COUNT THEM ONLY ONCE. DO NOT GO BACK AND COUNT
THEM AGAIN.
(SEE ANSWER ON PAGE –15 )
NEVER LIE TO YOUR MOTHER!
John invited his mother over for dinner. During the meal, his mother couldn‟t help noticing how beautiful John‟s roommate was. She
had long been suspicious of a relationship between John and his roommate and this only made her more curious. Over the course of the
evening, while watching the two interact, she started to wonder if there was more between John and the roommate than met the eye.
Reading his mom‟s thoughts, John volunteered, “I know what you must be thinking, but I assure you, Julie and I are just roommates.”
About a week later, Julie came to John and said, “Ever since your mother came to dinner, I‟ve been unable to find the beautiful silver
gravy ladle. You don‟t suppose she took it, do you?”
John said, “Well, I doubt it, but I‟ll write her a letter just to be sure.” So he sat down and wrote:
“Dear Mother, I‟m not saying you „did‟ take a gravy ladle from my house, and I‟m not saying you „did not‟ take a gravy lade. Buth the
fact remains that one has been missing ever since you were here for dinner.”
Several days later, John received a letter from his mother which read:
“Dear Son,
I‟m not saying that you „do‟ sleep with Julie, and I‟m not saying that you „do not‟ sleep with Julie. But the fact remains that if she was
sleeping in her own bed, she would have found the gravy ladle by now. Love, Mom.
Lesson of the day – Don‟t lie to your Mother.
9
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
Provincial Updates:
Focus on
PRIVATIZATION OF WCBs
BRITISH COLUMBIA
In BC privatization has not been an issue with
respect to the workers' compensation system
overall.
What the BC Board has done over the last few
years is move more and more in the direction of
using 'outside service providers' to fulfill many of
the functions previously handled within the Board.
Although in the beginning this practice raised
some hopes that outside service providers might
bring a measure of professional ethics and
integrity. As well they may bring a mix of human
compassion and respect into the system, long ago
discarded by Board staff. This has, for the most
part, not been the case.
What seems to be the more common result is that
many outside service providers very quickly
become WCB, or WCB / ICBC processing agents
who simply herd patients through Board dictated
programs to satisfy a predetermined result
provided by an adjudicator or rehab-consultant.
In one example an outside service provider in
North Vancouver designed an entire 'work
conditioning program' for the injured worker
around a previously ruled out diagnosis, but one
that better suited the Boards preferred end goal.
The 'mandatory program' included exercises the
patient was warned to specifically avoid by a
number of specialists.
To compound the problem the 'facility' was so
overcrowded that the exercise program designed
to be done in a specific order was impossible to
complete without waiting so long for the
necessary equipment that the intended purpose of
the exercise 'set' was lost. The program
10
coordinator's solution was to instruct patients to
ignore the order of exercise which she had been
previously instructed was important to adhere to,
and simply jump around to whatever station was
free until you had completed all the exercises.
Equipment was in poor repair and out of
calibration, with the same equipment being
drastically different in resistance while on the
same settings, and exercise stations were not
maintained at a safe distance from each other, or
from main traffic corridors.
In the end the program coordinator provided the
WCB with a report which was supportive of the
Board's previously expressed position on further
entitlement. Even though this was totally contrary
to the evidence provided during the program. As
a result, the injured worker was cut off benefits.
To add insult to injury, the agency altered file
records after completion of the program when
they became aware that the credibility of the
program had come into question.
Perhaps the most alarming factor related to the
above example and numerous others like it is that
this 'program coordinator', who has clearly
adopted the typical WCB attitude and practices,
was not some junior employee afraid for their job,
or subject to manipulation or bullying by the
WCB. This was a qualified physiotherapist and
the co-owner of the company.
Regardless of what you call it, there has been a
significant move to use 'private companies' to
provide WCB services and programs.
Unfortunately the general consensus of late is that
most have simply become off-premise divisions of
the Board operating with the same attitude
towards injured workers' as the Board has always
had.
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
'Outside service providers' should for the most
part be considered in the same light as one would
the WCB.
Injured workers subject to the involvement of
outside service providers directed by the WCB
should diligently maintain active control over
their program. They must ensure accurate records
are kept and agreed to, disputes should be noted in
writing at the time they occur and on an ongoing
basis, and workers should keep their own set of
records and demand copies of documentation
from program coordinators.
What is important to understand is that these
'outside service providers' must be 'approved' by
the WCB and often end up with their entire client
base being made up of injured workers.
In many cases the conduct of service providers
may be regulated by other professional
organizations such as the College of
Physiotherapists, College of Psychologists, etc.
They are subject to building code requirements
and safety regulations as well as any number of
other rules, regulations, and restrictions which
some tend to continually violate. Formal
complaints should be made to the appropriate
authority whenever any of these issues arise.
The bottom line is that service providers who
discard their personal and professional ethics and
operate on the basis of satisfying the Boards
wishes rather than in the best interest of their
patients, need to be identified, exposed, and
closed down, not just with respect to providing
services for injured workers. This type of
disregard for any accepted level of personal or
professional ethics has no place in the private
sector any more than it does in the workers'
compensation system.
ALBERTA
In Alberta, the question is not about whether the
Workers' Compensation Board is going to be
PRIVATIZED. It is a done deal. The big
question here is when will the Government move
to open free-market competition to WCB Alberta
monopoly stranglehold?
In Alberta, the philosophy is that privatization is a
cure all, to all that ails any government run
agency. This remarkably includes the very social
fabric that holds society together.
The burning question in Alberta is what form of
privatization will the Workers' Compensation
Board evolve into? And which province of
Canada will be next? I believe by the very actions
our government has taken thus far, it is prepared
to open the door to outright competition of WCB.
One should be aware that under Bill 16, which
gave the WCB awesome powers, where even the
Auditor General from the government side had
grave concerns of creating a potentially out of
control agency which would be above reproach.
(Carte/Blanch)
In fact, this Bill 16 was passed in June of 1995.
What is remarkable about this Bill is that the
Minister responsible for WCB was the author of
the Bill, which the government backed.
Amazingly, there was no major opposition to this
Bill, especially, and in particular, from unions and
injured workers associations. This Bill for all
intents and purposes set up a private organization
better called privatization.
So the rallying cry is going out across Canada to
the ramifications of this Alberta experience that
could snowball to a province near you!
So please join us, while there is still time to stop
this experiment in it's infancy. UNITED WE
STAND, DIVIDED WE FALL.
What has evolved is the Corporate name called
the "WCB-Alberta" which purportedly calls itself
a "non-profit mutual insurance corporation".
In fact, WCB-Alberta is it's own entity, where it
has free rain in it's business, where it can extort as
11
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
much money it wants from the employers. Not to
be outdone, it can steal money or not pay out
entitlements that are due to VICTIMS OF
WORKPLACE ACCIDENTS.
This "For-Profit" government agency is run by a
Board of Directors with ultimate control over all
WCB matters with a "safety clause" that the
government suggested in case of disaster, would
revert back to the government if it failed to
balance it's books and show it is viable without
government money.
There is no UNIVERSAL COVERAGE AND
ASSESSMENT in Alberta. It seems that the
multinational businesses in Alberta are only
paying token amounts of money in private deals
with WCB to not expose them on the exception
list of non-payers. It is the small businesses who
are paying the lions share of funding.
The WCB Board of Directors are still being
controlled by government appointment, thus far.
The government, in it's infinite wisdom,
relinquished all controls over the operations of
WCB.
In turn, WCB-Alberta has thrown the Meredith
Principle right out the window. Where it
intentionally only mentions one side of this
principle and that is the employer funding. One
only has to look as far as the 5 year strategic plan
1999-2003, to see that the mandate has drastically
been altered and broadened, even WCB's so called
core business has changed
The true test of WCB's blatant mishandling of
injured workers, is where the rubber meets the
road, and in reality, it is so prevalent that WCB
issues are one of the most pronounced problems
that MLA's in Alberta deal with.
To add to these corrupt practices, is the WCB's
significant OFF LOADING on to the Alberta
taxpayer system. The WCB have a systematic
denial (blanket denials) of the 20% of chronic
claims, thought would have cost 80% of the costs.
This highly offensive and unethical practice have
put pressures on already burdened services such as
Alberta Health, EI, CPP AISH, and what's left of
outreach programs that have helped the walking
wounded. (INJURED WORKERS).
12
ONTARIO
There is some talk about the WCB privatizing in
Ontario. We suspect that this is the goal of our
Tory government. The Tories believe in the
private spectrum.
Instead of convincing the public that it‟s a good
idea, they are denying it. We believe its being
discussed behind closed doors.
We are challenging privatization, by warning
people that if this happens, it would be as bad as it
is in the USA where it is privatized. We are
providing information and the use of the Alberta
study, which has shown that the public system is
less costly than private Insurance.
Privatization has already occurred in some areas
within the Ontario WCB. Medical rehab is being
provided by service providers and medical
institutions; Vocational rehab is the recent biggie
which is public knowledge; Initial adjudication is
happening in some cases; Claim file reviews and
overpayment/debt collections have gone to private
companies.
A private consulting firm was hired to determine
the "core business" of WCB. These were
determined to be developing interpretation of the
legislation and not much else. All other functions
can be privatized.
Privatization has no positive effects for injured
workers. Negative effects although mean more
company profits, less money to injured workers,
increased use of the court system, delays, expense
and stress to the injured worker.
Public system advantages are:
- assured coverage and less expense for
employers
- for injured workers it means more funds
available for benefits & services, an appeals
system, and better access for reform
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
-
for the public it means better protections if
injured, and less of a burden on taxpayers.
Powerful interests (the Insurance Companies) are
pushing for privatization, purely for profit. This is
not the interest of any one else - not even
businesses and certainly not injured workers.
NEWFOUNDLAND
Privatization of the Workers' Compensation
Commission in Newfoundland and Labrador is
not an issue at this time. To our knowledge, this
issue has never been addressed.
PRINCE EDWARD ISLAND
As an injured worker group representing a lot of
people on PEI, we are shocked to say the least that
the WCB is to possibly be privatized. We are not
entirely positive that this is starting to take form
on the island, but we do know something is in the
making. The WCB down here has released an
article whereas the workings of this no-fault
insurance organization has been scrutinized by all
parties.
A complete comprehensive study of the WCB is
taking place. Tenders have been sent out to have
a consulting company do they study.
This is a large step but what the consequences to
follow is anyone's guess to the outcome. In the
past several weeks, we have seen new doctors
progress reports, employer's reports and the
employee's report of the accident. Previously, we
as an injured worker never heard tell of objective
medical findings on our reports, questions such as
the word, recurrence usually baffles the minds of
our medical profession.
the presenting symptoms consistent with the
objective signs - yes/no?; Are the presenting
symptoms proportionate to the objective signs yes/no?; If not, are there possibly other factors
delaying recovery - yes/no?". These are only a
few things regarding the pilot medical progress
report. The report of the employers report is 3
pages and more complicated than before.
The workers report of injury is 5 pages in detail
and God help an injured worker who is not
educated in the workings of WCB. This could
really destroy their chances of getting benefits if
they did not get outside help from a group or
organization. It is so complicated that an
individual versed in these matters had a hard time
trying to understand the forms.
If this is the steps that the WCB all across Canada
are initiating, then the injured worker is being
dealt a very undeserving blow and something has
to be done. In the past few weeks, we have been
in contact with injured workers in the U.S.A. and
if we in Canada think we have problems we don't
compared to the horror stories that are heard from
injured workers there.
In closing we must insist on our given rights to
choose which doctor we want. WCB has to be
given the message they need to support us, do
away with the thoughts of private insurance
models. The medical profession has to be invited
to open forums of injured workers, explain what is
taking place in an injured workers life. Some
way, we must get rid of Board Doctors and have a
medical panel who is non-bias towards the injured
worker. At the same time, emphasize to our own
family doctors the importance of their role. We
really, really need and appreciate them more than
ever.
Some of the questions are: "Is this a recurrence of
a previous injury?; Is this a new injury or a
recurrence?; What are the objective physical
findings to substantiate the above answer?; Are
13
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
NEWS & VIEWS
CLC CONVENTION PASSES
RESOLUTION IN SUPPORT OF
INJURED WORKERS
ORGANIZATIONS
We are very pleased to report that
we had an information table at he
CLC Convention in May. We asked
for support on resolutions in
support of injured and disabled
workers that came to the floor for a
vote.
Well – we were successful. Thanks
so much to our union friends across
the country!
This resolution was passed on
Friday morning. May 7th, 1999
WHEREAS injury and disability at
work is a major concern of all
working
people and their Unions; and
WHEREAS organizations of injured
workers share the same goals; and
WHEREAS many of the members of
injured workers' groups are or were
Union members;
THEREFORE BE IT RESOLVED that
the CLC support injured workers'
organizations and their national
umbrella group, the Canadian
Injured Workers' Alliance; and
THEREFORE BE IT FURTHER
RESOLVED that the CLC encourage
Federations of Labour, Labour
Councils and Affiliates to actively
support the organizing of injured
14
UNE RÉSOLUTION SOUTENANT DES
GROUPES DE
TRAVAILLEURS/TRAVAILLEUSES
BLESSÉ(E)S A ETÉ APPUYÉE PAR VOTE
DE LA CONVENTION CTC:
ATTENDU QUE les accidents et maladies du
travail constituent une grande préoccupation
pour tous les travailleurs et travailleuses
ainsi que leurs syndicats; et
ATTENDU QUE les organisations de victimes
d’accidents et de maladies du travail
partagent les mêmes objectifs; et
ATTENDU QUE plusieurs membres des
groupes de victimes d’accidents et de
maladies du travail sont ou étaient des
syndiqué(e)s;
PAR CONSÉQUENT, QU’IL SOIT RÉSOLU
QUE le CTC appuie les organisations de
victimes d’accidents et de maladies du travail
et leur organisme de coordination national,
l’Alliance des victimes d’accidents et de
maladies du travail; et
PAR CONSÉQUENT, QU’IL SOIT DE PLUS
RÉSOLU QUE le CTC encourage les
fédérations du travail, les conseils du travail
et leurs groupes affiliés à appuyer activement
l’organisation des victimes d’accidents et de
maladies du travail et de leurs groupes, et
que ces associations appuient financièrement
ces efforts quand cela est possible; et
PAR CONSÉQUENT, QU’IL SOIT
FINALEMENT RÉSOLU QUE le CTC
encourage les fédérations du travail, les
conseils du travail et leur groupes affiliés à
demander la participation des groupes de
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
workers and injured workers' groups
and to contribute financially
wherever possible to these
endeavours; and
victimes d’accidents et de maladies du travail
dans l’élaboration des politiques de travail en
matière d’indemnisation et de sécurité.
THEREFORE BE IT FINALLY
RESOLVED that the CLC encourage
Federations of Labour, Labour
Councils and Affiliates to seek the
input of injured workers groups in
the development of labour policy
around compensation and health
and safety.
Repetitive Motion Syndrome
Association
The Association for Repetitive Motion Syndrom
publishes a newsletter written by and for those
suffering from RMS. For more information
contact Stephanie Barnes, PO Box 471973,
Aurora, CO 80047.
U.S. Social Security/Workers Comp
Rules Change Withdrawn
The proposed social security and workers
compensation offset rules change (proposed by
SSA in the Federal Register in April 1998) is
"completely dead" according to SSA Baltimore
staff speaking at the recent meeting of the
examine introduction of competitive
workers' compensation market.
Hung Pham, MLA for Calgary-Montrose,
developed a private member's bill that passed first
reading the legislature on February 22. WCBAlberta stakeholders should be aware of the
implications of this proposed legislation.
International Association of industrial Accident
Boards and Commissions in Saint Lewis. Credit
for the successful derailment of this onerous rule
change goes to everyone involved in a massive
national letter writing campaign coordinated by
the Workplace Injury Litigation Group. SSA was
deluged with forceful, pointed, and credible letters
from injured workers, attorneys, labour leaders,
industrial accident board commissioner, state
legislators, state attorneys general members of
congress and other state and federal elected and
appointed officials. This is an example of how
the trial bar, working in conjunction with labour,
can successfully influence the federal rulemaking
process. Watch for future action on key issues as
they arise.
ALBERTA MLA Proposes legislation to
Bill 211 would establish a Select Special
Committee to examine introduction of
competition into the workers' compensation
insurance market in Alberta. The committee
would make recommendations to the legislature
after engaging in public consultation and
reviewing workers' compensation systems in other
jurisdictions. Once established, the committee
would have 12 months to report back to the
legislature.
15
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
FOCUS ON
FACTS
Taken from a Publication of the MFL Occupational Health Centre
Table 1
WHAT IS WORK ORGANIZATION?
Work organization is a broad concept with no strict
definition. It deals with the way work is organized
and managed. The following subjects are among
the basic elements of work organization.
Scheduling: This refers to work and rest
schedules, over-time, shift work, hours of work.
Job design: This includes the complexity of the
work, the pace of work, the skill and effort required,
and the degree of control the worker has over the
job.
Interpersonal issues: This would include the
relationships that a worker has with supervisors and
co-workers.
Career concerns: this includes job security and the
opportunity for advancement.
Organizational characteristics: This refers to the
broader corporate culture and the level of corporate
communications.
IMPROVING WORK ORGANIZATION
WHAT WORKS, WHAT DOESN'T.
Studies of programs intended to reorganize work
to reduce occupational stress have come to a
number of conclusion.
Successful programs:
- improve employee self-worth by recognizing
stress reactions as legitimate.
- allow worker groups to discuss problems and
develop plans for solutions.
- provide the needed economic and technical
resources for change.
Less successful programs:
- impose totally technical solutions
- direct attention away from difficult working
conditions by treating the symptoms
- allow management to maintain constant
control by limited awareness or stifling
discussion.
A FUN QUICK TEST OF INTELLIGENCE (ANSWER)
THERE ARE SIX F'S IN THE SENTENCE. ONE OF AVERAGE INTELLIGENCE FINDS THREE OF THEM. IF YOU SPOTTED FOUR,
YOU'RE ABOVE AVERAGE. IF YOU GOT FIVE, YOU CAN TURN YOU NOSE AT MOST ANYBODY.
IF YOU CAUGHT SIX, YOU ARE A GENIUS. THERE IS NO CATCH. MANY PEOPLE FORGET THE "OF'S".
THE HUMAN BRAIN TENDS TO SEE THEM AS V'S AND NOT F'S. PRETTY WEIRD, HUH? IT FOOLS AMOST EVERYBODY
Two college students went partying instead of studying for their physics final. So they skipped the exam and showed up afterwards telling the prof that they had a flat tire.
They asked if they could take the test the next day. The prof said okay, so they stayed up all night cramming, until they were pretty sure they could pass.
The prof assigned them to separate rooms for the final. Each kid shrugged and went off to his assigned location. The first question, for 5 points, was explain nuclear
fusion. Easy. The second question, for 95 points: Which tire was the flat one?
16
�l’Alliance Canadienne des victimes d’accidents et de maladies du travail
Canadian Injured Workers Alliance
CIWA/ACVAMT
Is about
Our Goals
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 re-employment 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.
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.
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.
Page 17
�
Dublin Core
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Title
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CIWA Highlights Newsletter
Description
An account of the resource
Articles about
Creator
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CIWA
Format
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PDF
Language
A language of the resource
English, French
Type
The nature or genre of the resource
Text
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 Summer 1999
Description
An account of the resource
Articles about the Peer Support Project; WCB Privatization with Provincial comparisons; CLC convention resolution in support of Injured Workers Associations; work organization.
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
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PDF
Language
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English, French
Type
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Text
Subject
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Labour and Labour Unions