215 10 13079 https://digitalcollections.lakeheadu.ca/files/original/223eb807af86142051f9bed3c25804ff.pdf 6b17bc031513f22d6d2e12d9b3300e32 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Focus on Repetitive Strain Injury (RSI) This is a special issue of "Highlights" featuring articles on RSI with a focus on Women's Work. RSI is becoming a very big issue. We need to concentrate more of our time and energy on RSI. In Newfoundland, claims for RSI have increased by 84% since 1994. In Quebec, from 1987 - 1990, the number of claims rose by more than 300%. In the United States, the number of claims for RSI was almost 10 times higher in 1991 than it was in 1981. Many experts say that soon, half of all claims for work injuries will be related to RSI. Workers are telling us it is becoming more difficult to gain entitlement for a repetitive strain injury. WCB's are bringing in "normal healing times". If you're not better in 6 weeks, you must be non-cooperative and are cut off benefits. We need to educate ourselves and the public about this epidemic. This issue of "Highlights" is a start. As well, we have news and happenings from across the country and around the world. Please read on. Our next issue of Highlights will focus on Experience Rating. 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 ...................... News & Happenings ............................ Projects ............................................... Female Workers/Machines (Fr/Eng)... 5 - 2 3 4 6 Women, RSI and Compensation(Fr/Eng) .......7 - 12 News & Happenings ..................... 13 - 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 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 Toll Free 1-877-787-7010 Page 2 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance News & Happenings Thanks to the Social Development Partnership Program of HRDC for the funding necessary to produce this newsletter. We sure appreciate your help !!! LABOUR AND INJURED WORKERS ORGANIZING IN OREGON Activists for Injured Workers CONFERENCE Saturday July 22, 2000 Chemeketa Community College Salem, OR 97309 Upcoming Events TOPICS * What to do when you are injured on the job * Injured worker organizing * Political considerations * Dealing with denials * The role of the Ombudsman * Appeals July 22, 2000. For more registration forms or questions, contact Bonnie Jeglin or Bob Rossi at (800) 452-2146. "Activists for Injured Workers" Conference hosted by the OPEU/CPIW Salem, Oregon, USA September 29 - October 1, 2000. "The Millenium and Beyond" ONIWG Conference hosted by the Ontario Network of Injured Workers Groups The C.A.W. Education Centre Port Elgin, Ontario November 17 - 19, 2000. "Disability & Human Rights" Conference hosted by the CLC The Queen Elizabeth Hotel, Montreal, Quebec CORRECTION - CPP CHARTS - Spring Issue: NFLD - Ceiling on WCB Benefits showed $39,300 Should be $45,500 COMMITTEE TO PROTECT INJURED WORKERS OREGON PUBLIC EMPLOYEES UNION, SEIU LOCAL 503 News from BC The queue in disability awards at the WCB in British Columbia is now up to two years and people waiting for rehabilitation is also backed up. What happened to the $14 million surplus again this year? Injured and disabled workers are having to wait for their pensions even longer even though interest is accumulating. FINANCIAL PROGRAMS DIRECTORY Neads has just launched the on-line version of the National Directory of Financial Assistance Programs for Post-Secondary Students With Disabilities. This directory is a comprehensive guide to funding for college and university studies and describes programs that are available across Canada. To explore the financial aid directory, visit the web site - www.neads.ca and select the NEADS Online Resource Centre (NORC) from the home page. 3 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects People Helping People The result of our Peer Support Pilot Project, People Helping People (71 pages) lists the steps to starting up and maintaining support groups for injured workers, family members, widows and widowers. By working in small groups, we can share experiences, concerns and fears. We can support each other in learning to adjust to life with a disability. The triumphs and trials of four injured workers’ support groups were collected and included in this resource. In this way, others can learn from their experiences, and apply them to starting new groups and committees or strengthening existing ones. We have already received some very positive feedback on People Helping People. Don't delay…… Order your copy today! Corporations & Institutions: Full price: $25 Unions & Non-Profits: 25% off: $18.75 Injured & Unemployed Workers 50% off: $12.50 Page 4 Youth Project For a number of years, injured workers have been saying that we need to go into high schools and educate young people about the hazards in the workplace and the rights they have available to protect themselves as well as their co-workers. Many have also said that they would never want to see their children become injured workers and suffer through the same experiences as they have. Their concerns are justified. The injury rate for workers aged 15 to 24 is thirty-five per cent (35%) higher than for any other age group. In Ontario, fifteen (15) workers between the ages of 15 and 24 died in 1998, and fifty (50) young workers are hurt every day on the job. Seventy-five per cent (75%) of injured workers with a permanent injury are unemployed. The Canadian Injured Workers Alliance is concerned about these statistics, and proposed a Youth Project as a result. Our Youth Project aims to educate young people on workplace accident prevention and post-accident issues. Throughout the project, we will develop a model workshop, resource package and peer support model to reach out to young workers. The models will be tested at high schools and Youth Employment Centres in at least three communities across Ontario. We then hope to host a number of training sessions across Ontario and across Canada for representatives from local injured workers groups on how to deliver the workshop to their local high schools and youth groups. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance The Youth Project officially kicked off during A SPECIAL THANKS TO THE USWA, CAW, & THE WORKERS' HEALTH AND SAFETY CENTRE FOR THEIR CONTRIBUTIONS WHICH HELPED ENABLE US TO START THE YOUTH PROJECT. June, 2000. We continue to welcome financial When the Female Worker Becomes a Machine… How many female workers today still have the impression of turning into machines as soon as they set foot into the plant? Surely hundreds and hundreds of thousands. How could it be otherwise when they are required to fulfil their tasks at insane performance levels, to meet paces that you can hardly watch without getting dizzy? contributions to this initiative and urge interested parties to contact our office for more information. We also welcome injured workers—especially young injured workers—to contact our office and get involved: 877-787-7010 (toll-free). is not obvious that a work tempo is imposed on them, however, such is the case. The number of items scanned is timed and their productivity is rated by their employers using these same scanning devices. We have also noticed, with the introduction of scanners in the supermarkets, a Work Paces in Manufacturing Plants The inhuman work pace is, in manufacturing plants, the daily reality of many women. One only needs to think about sewing machine operators, assemblers, packagers and all those who work on assembly lines operating at a rate over which they have no control, to realize that women’s work conditions are still determined by the quest for profits. Employers remain insensitive to the hazards that can be brought on by the work conditions they impose on women. Work Paces in Other Areas Many claimed that the new technologies would reduce the constraints linked to certain kinds of tasks. If it’s true that work has put on new faces with the development of new technologies, it is also true that these technologiesthat some boast as having enhanced work conditionsunfortunately have had, in some instances, the effect of worsening them. The cashier job is a good example of this reality. These workers who formerly had to manually enter the price of each item into the cash register now use optical scanners. At first glance, one could think that their work conditions have improved since they have been relieved of punching in prices. Maybe we need to look closer at this change before drawing a positive conclusion. When you observe these cashiers, it Page 5 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Quand la travailleuse devient machine… Combien de travailleuses ont encore aujourd’hui l’impression de se transformer en machine dès leur arrivée à l’usine? Sans doute des centaines et des centaines de milliers. Comment pourrait-til en être autrement quand on leur demande d’exécuter leurs tâches à un rythme démentiel, de rencontrer des cadences qu’on a du mal à regarder sans être étourdi-e? Les cadences dans les milieux manufacturiers La cadence de travail inhumaine est, dans les milieux manufacturiers, la réalité quotidienne de nombreuses femmes. On a qu’à penser aux opératrices de machine à coudre, aux assembleuses, aux emballeuses et à toutes celles qui travaillent sur des chaînes de montage qui fonctionnent à une vitesse sur laquelle elles n’ont aucun contrôle, pour réaliser que les conditions de travail des femmes sont encore conditionnées par l’appétit de profit de leurs employeurs, qui demeurent insensibles aux dangers que peuvent a cutback in personnel, hence an increase in the workload of each cashier. Such is the case also with telephone operators who are timed for the number of seconds they take to answer a request. It then appears that the development of new technologies has allowed, in many cases, greater control for employers over the female workers rather than greater control of these workers over their jobs. Work Paces are Hazardous Work paces present obvious hazards to health. They increase the risk of work-related injury and disease by forcing female workers to overuse their limbs and by having them repeat the same motions at a frantic pace, week after week, year after year. These workers see their health deteriorate. In fact, the faster the assembly line is, the faster their health will deteriorate. Who Should Go Faster? Female workers should slow down. Employers are the ones who should go faster! They should indeed speed up the process of improving work conditions and by making them safer. Not only do performance levels need to slow down, but Page 6 présenter les conditions de travail qu’ils imposent aux travailleuses. Les cadences dans les autres milieux Plusieurs prétendaient que les nouvelles technologies allaient réduire les contraintes reliées à certains types de tâches. S’il est vrai que le travail a revêti de nouveaux visages avec le développement de nouvelles technologies, il est également vrai que ces technologies, que certains nous présentent comme ayant amélioré les conditions de travail, ont malheureusement, en certaines occasions, eu pour effet de les empirer. L’emploi de caissière constitue une bonne illustration de cette réalité. Ces travailleuses qui devaient auparavant poinçonner le prix de chacun des items sur la caisse enregistreuse, ont dorénavant à leur disposition des lecteurs optiques. À première vue, on pourrait penser que leurs conditions de travail se sont améliorées puisqu’on les a libérées de la tâche du poinçonnage. Peut-être faut-il jeter un regard un peu plus attentif sur cette modification avant d’en faire un bilan trop positif? Bien que quand on les regarde il ne soit évident qu’on jobs need to be modified in order to respect the human body’s limitations. It is urgent to change the situation so that female workers stop getting sick from work. Workers are not machines! Liane Flibotte �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance impose une cadence de travail à ces femmes, c’est pourtant le cas. Elles voient maintenant le nombre d’items passés à la caisse chronométré et leur productivité évaluée par leurs employeurs à l’aide des lecteurs optiques. On a aussi remarqué, avec l’entrée des lecteurs optiques dans les super marchés, une diminution du personnel et donc une augmentation de la tâche de chaque caissière. C’est également le cas des téléphonistes qui voient, elles aussi, le nombre de secondes qu’elles prennent pour répondre à une demande d’un-e abonné-e, chronométré. Il semble donc que le développement de nouvelles technologies ait permis, dans plusieurs cas, un plus grand contrôle des employeurs sur les travailleuses plutôt qu’un plus grand contrôle des travailleuses sur leur travail. Les cadences sont dangereuses Les cadences présentent des dangers certains pour la santé. Elles augmentent les risques d’accidents et de maladies du travail en forçant les travailleuses à sur-utiliser leurs membres et en leur faisant répéter, à un rythme effréné, semaine après semaine, année après année, les mêmes mouvements. Les travailleuses voient donc leur santé se dégrader au même rythme que celui de la chaîne de montage. Qui devrait aller plus vite? Les travailleuses devraient ralentir. C’est aux employeurs d’aller plus vite! Ils doivent en effet, accélérer le processus d’amélioration et d’assainissement des conditions de travail. Il faut non seulement que les cadences ralentissent, il faut de plus, que les tâches soient modifiées de manière à ce qu’elles respectent les limites du corps humain. Il est urgent que la situation change de façon à ce que les travailleuses n’aient plus à se rendre malades au travail. On n’est pas des machines! Liane Flibotte Special payments for remarried spouses - ALBERTA Remarried widows and widowers whose spouses died du to PRE-1982 work injured, and whose pensions stopped because of remarriage, are eligible for a special one-time payment. Effective March 23, 2000, each eligible surviving spouse who applies for this benefit will receive a lump sum payment of $80,000 Canadian. For more information, contact 1-877-454-4443 or (780) 498-3850 within Edmonton. 85 PER CENT WANT FINES AND JAIL TERMS FOR EXECUTIVES WHO IGNORE JOB SAFETY A large majority of Canadians want a law that would set fines and jail terms for corporate executives who are found responsible for workplace accidents that could have been avoided. A public opinion poll released this week shows that 85 per cent of Canadians would advise their Members of Parliament to vote for such a law. The idea of holding corporate executives and directors criminally responsible for action or lack of action on job safety is gaining broad support. Page 7 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Women, RSI and Compensation Excerpt from One-eyed Science: Occupational Health and Women Workers, by Karen Messing (1999) Philadelphia: Temple University Press I have chosen to examine work-related musculoskeletal disorders (MSDs) as my first case study of sexism in occupational health research for two reasons. First, MSDs are an important problem for women, the most common women’s health problem, so it is important to prevent this suffering. Second, MSDs are the majority of cases of occupational disease, so they have been well studied by scientists. And since they occur among women and men, it is interesting to see how gender is handled in research and compensation of work-related MSDs. We can see that scientists have not always been fair to women. As a result, although both women and men encounter obstacles when trying to use scientific studies to support their compensation claims, women encounter difficulties not usually seen by men. Musculoskeletal disorders include inflammations of muscles and tendons such as tendinitis and bursitis, some cases of osteoarthritis, various types of back problems, and tendon sheath inflammations such as carpal tunnel syndrome. They may be associated with a single, well-defined event but they usually build up over many years from repeated injury to the same tendon, muscle or nerve. In the scientific and Page 8 popular press, subcategories of these disorders are called repetitive strain injury (RSI), cumulative trauma disorders (CTDs) or soft tissue disorders. Workers describe great difficulty in getting their employers, physicians, co-workers and even families to believe them when they have MSDs. Coworkers told us about a woman who worked for twenty years in the cookie factory before making a claim. She was proud that she had never been late or absent. However, when the repetitive motions she made while wrapping small cakes finally caused shoulder pain which made her unable to work, the company contested her compensation case with scientific testimony that she was not ill. Her friends described her distress: How could the company for whom she had done honest work for so long call her a liar? Identifying the causes Is it harder to define MSDs when the injured worker is a woman? It is certainly easier to identify an injury when it occurs as a result of a well-defined event. If a worker lifts a heavy weight and wrenches his back, resulting in acute pain and possible torn ligaments, the case is clearer than when a worker feels more and more chronic pain until it becomes unbearable. Given the different tasks of men and women, the first situation is more likely to occur with men’s jobs and the second with women’s. In this sense, it is easy to see why one-third of women’s compensated injuries (but only about 6% of women workers) are in the health care sector: apart from the fact that health care workers are unionized and sensitive to health issues, it is primarily in that sector that women lift heavy weights all at once. Therefore, compensation may be more accessible for those workers. Unlike infectious diseases, where a single causal agent (germ) can sometimes be isolated, movements and postures are not easy to analyze. Physical risk factors considered in relation to musculoskeletal disorders have usually included a number of repetitions, time between repetitions (cycle length), position of limbs during repetition, forces involved, rest periods, and years of exposure. It was found that the combination of high force and high repetition was especially apt to produce the wrist disorder known as carpal tunnel syndrome. Repetition was more important than force. The role of repetition is hard to isolate and repetitive movements are hard to �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance define. As a union representative assigned to defending occupational health claims said: “What is a repetitive movement? I ... ask everyone and even the doctors can’t tell us. I say to people in my union, 'You’ll see, you’ll ask your doctor, he doesn’t want you to do repetitive movements.' How many times are you allowed to do that movement? The doctor doesn’t want to answer that one.” Difficulties in making cause-effect associations with a work cycle of less than ten seconds, they did not exert a large force each time. It would seem logical that, if work is related to MSDs, part-time workers should have fewer MSDs than their full-time colleagues. But part-timers may not do the same tasks as full-timers with the same job title. For example, our study of bank tellers found high levels of back and leg and foot pain which we had reason to associate with prolonged standing, as well as neck and shoulder pain associated with reaching. We found no difference in pain reporting between full-time and part-time tellers. We understood this because during our observations we had noticed that full-time workers spent proportionately less time at direct customer service than part-time workers. In fact, part-timers were brought in to cover peak hours when there were more factories whose data they analyze, and interpretation of data can be a problem for them. These complexities mean that epidemiologists may have difficulty relating current movements to current illnesses. They often result in great difficulty for the worker who wants a change in her work station or is claiming compensation. Four of these complexities are found more often in women’s jobs. Women are more likely to be found in broad, catch-all job definitions, to work part time and to have work stations poorly adapted to their size. They are less likely to be promoted out of repetitive work, and therefore more likely to have to develop strategies to work while feeling pain. The rather fuzzy definitions of diseases and of possible causes are very different from what is found among accidents that are easily recognized. Waters are muddied by personal contributory factors and the Politics and science “logical” associations are not Controversy has grown always found. For example, around the relationship repeated wrist movements between are not repetitive work always When a construction worker falls off a scaffolding and breaks his and injuries. associated leg, there is not much doubt that there is an injury, nor that injury The fact that with wrist is related to something that happened on the job. Links are harder tendinitis and disorders, to make between repetitive movements and MSDs. other MSDs part-time can be workers do customers. Also, part-timers multicausal has caused some not always have fewer were less involved in the bank scientists to insist on personal problems than full-time, risk of procedures, so they were not factors like diabetes and a disorder does not always assigned to some tasks which pregnancy to the exclusion of increase with number of years were done sitting down, such occupation. Some scientists of exposure. Quite often, as entering transactions in the maintain that there is no such doctors have testified that an bank’s account or controlling thing as repetitive strain injury injury could not be related to currency reserves. We would and that it is a “neurosis.” A working conditions. Several not have been able to review of over 750 female post-office workers interpret this contradiction had repetitive-injury claims in were refused compensation in we not spent hours observing California found that insurers Québec because, although the tellers at work. We know were more likely to delay or they manipulated thousands epidemiologists who have deny claims for repetitive of pounds of mail each day never been inside the Page 9 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance strain injuries than for any other injury or illness. Women who do repetitive, boring tasks are more likely to have MSDs than other workers. How can we tell whether the MSDs are due to the repetition (physical) or the boredom (psychological) or a combination of both? The question may appear trivial, since the pain is caused by the job in any case, but it has practical implications: it is infinitely harder to gain compensation for boredom-induced injury than for physical injury. Personal factors and MSDs The fact that aging women tend to have more musculoskeletal problems has not escaped the notice of those who look at menopausal women with suspicion. At the 1994 meeting of the International Ergonomics Association, a doctor harangued a plenary session for several minutes, asserting that it had been scientifically proven that all (sic) carpal tunnel symptoms among older women were due to menopause. At a meeting of union health and safety representatives, one described personal conditions which could be spoken of as causes of MSD and used to block compensation: arthroses (actually sometimes due to work), age and menopause. “A woman developed a tenosynovitis and we lost at the appeal board. [They said] she hadn’t done enough repetitive movements, that wasn’t the cause and the company doctor came to tell us that it was because she was close to menopause and it was due to that. She packs 25,000 boxes a day” (a cycle time of less than 2 seconds). However, the problems of younger women can also be attributed to hormones. “If you’re a young woman and you were pregnant during the year or the year before and you have problems with carpal tunnel they will often say it’s because you have had pregnancies. And they will often bring in a doctor who will say that a woman who has had a child this year or the year before, it’s common, it’s normal that that would be the cause of her carpal tunnel.” According to workers, menopause and pregnancy are often brought up in compensation hearings as the “true” cause of injuries. Since most older women are menopausal and very many younger women have had recent pregnancies, it seems to be rather easy to attribute women’s MSDs to personal rather than occupational factors. Conclusions Examining the research on musculoskeletal problems is a good way to understand some of the reason for delay in identifying and compensating women’s occupational health problems. Of course, it is not easy for men to be compensated for MSDs and those intervening in compensation cases often interpret scientific evidence any which way in order to make their points. But women still have a disadvantage in the research and in the judicial system. Some of the disadvantage comes from outright sexism, such as we can see in relation to menopause. Much more of it comes from the nature of jobs usually assigned to women, in which dramatic, easily identified dangers are rare. In a context of employer-worker opposition where each side will jump on weaknesses in the case made by the other, women and women’s jobs make an easier target. Les troubles musculo-squelettiques Messing, K.2000. La santé des travailleuses: La science est-elle aveugle? Éditions du remue-ménage (Montréal) avec Octarès (Toulouse). Il y a deux raisons pour lesquelles mon premier exemple du sexisme à l'œuvre dans la recherche en Page 10 santé au travail portera ici sur les troubles musculosquelettiques. Premièrement, les troubles musculo- squelettiques constituent un problème important chez les femmes — le problème numéro un — et il faut le �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance prévenir. Deuxièmement, les troubles musculosquelettiques constituent la majorité des cas de maladie professionnelle, ce qui signifie qu'ils ont fait l'objet de nombreuses études. Comme ils touchent autant les hommes que les femmes, ils représentent le cas idéal pour vérifier si l'on tient compte des disparités sexuelles dans la recherche et l'indemnisation. Nous avons vu que les scientifiques ne sont pas toujours équitables à l'endroit des femmes. Par conséquent, bien que tous les travailleurs doivent surmonter des obstacles lorsqu'ils essaient d'appuyer leur demande d'indemnisation sur des études scientifiques, les femmes éprouvent à cet égard des difficultés particulières. Les troubles musculosquelettiques (TMS) comprennent l'inflammation des muscles et des tendons, telles les tendinites et les bursites, certains cas d'arthrose, divers types de maux de dos et le syndrome du canal carpien. Ces troubles peuvent être associés à un traumatisme, mais la plupart du temps ils sont causés par des lésions répétées au fil des ans aux mêmes tendons, muscles ou nerfs. Dans les revues scientifiques et les médias, on fait référence aux lésions attribuables au travail répétitif (LATR) et aux troubles des tissus mous. Dans ce chapitre, je me concentrerai sur les LATR puisqu'il s'agit d'un problème fréquent chez les travailleuses. Les travailleurs ont parfois beaucoup de mal à convaincre leur employeur, les médecins, leurs collègues et leur famille que leur maladie est bien réelle. Ses collègues nous ont parlé d'une femme qui travaillait depuis vingt ans dans une fabrique de gâteaux lorsqu'elle a fait une demande d'indemnisation. Elle était fière de n'avoir jamais été en retard ni absente. Cependant, les mouvements répétitifs qu'elle effectuait en emballant de petits gâteaux ont fini par lui causer des douleurs à l'épaule qui l'empêchaient de travailler. Son employeur a contesté sa demande d'indemnisation en s'appuyant sur des preuves scientifiques. Ses collègues comprenaient sa détresse : comment l'entreprise pour laquelle elle avait travaillé honnêtement pendant tant d'années pouvait-elle la traiter de menteuse ? Identifier les causes Est-il plus difficile de définir les TMS chez les travailleuses? Il est certainement plus facile de déceler une lésion lorsqu'elle résulte d'un événement bien délimité. Si un travailleur ou une travailleuse soulève une lourde charge, se blesse le dos, ressent de vives douleurs et a vraisemblablement des ligaments déchirés, la situation est plus claire que s'ils éprouvent des douleurs chroniques qui augmentent graduellement jusqu'à devenir intolérables. Compte tenu des différences entre les tâches assignées aux hommes et aux femmes, il est fort probable que le premier scénario se réalise chez les travailleurs et le deuxième, chez les travailleuses. Dans cette perspective, on comprend facilement pourquoi le tiers des lésions indemnisées chez les travailleuses se produit dans le secteur de la santé (où se retrouvent 6 % des travailleuses) : mis à part le fait que les travailleuses dans ce domaine sont syndiquées et sensibilisées aux questions de santé, c'est surtout dans ce secteur que les femmes soulèvent des poids lourds. Par conséquent, il est sans doute plus facile pour ces travailleuses d'être indemnisées. Contrairement à ce qui se passe dans le cas des maladies infectieuses, où un seul agent (un microbe) peut parfois être isolé, les mouvements et les postures à l'origine des TMS ne sont pas simples à analyser. Généralement, les facteurs de risque ayant un lien avec les LATR sont le nombre de répétitions, la durée du cycle de travail, la posture, la force déployée, les périodes de repos et les années d'exposition Ils ont constaté qu'une grande force combinée à une répétition intense est particulièrement susceptible de produire le problème au poignet connu sous le nom de syndrome du canal carpien. Dans ce cas, la répétition était un facteur beaucoup plus important que la force. On a cependant refusé d'indemniser plusieurs employées des bureaux de Page 11 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance poste du Québec qui manipulaient des milliers de kilos de courrier par jour suivant un cycle de moins de dix secondes, sous prétexte que chaque mouvement ne nécessitait pas une très grande force. Il est difficile d'isoler le rôle de la répétition, et les mouvements répétitifs sont difficiles à définir. Comme le mentionnait une représentante syndicale responsable des demandes des travailleurs qui réclament des indemnités: “ C'est quoi un geste répétitif ? Je demande à tout le monde, et même les médecins ne peuvent pas répondre. Je dis aux gens chez moi : “Vous allez voir, demandez à votre médecin, il ne voudra pas que vous fassiez des gestes répétitifs. Mais combien de fois on peut faire ce gestelà ?” Le médecin ne veut même pas répondre. Je suis dépassée par ça. ” Établir des liens de cause à effet Comparons les définitions plutôt floues de ces maladies et leurs causes probables avec des accidents reconnus sans problème. Lorsqu'un travailleur de la construction tombe du haut d'un échafaudage et se fracture la jambe, il est assez convaincu qu'il s'est blessé et que sa blessure a trait à son travail. Il est plus difficile de relier les TMS aux mouvements répétitifs : des facteurs personnels peuvent entrer en ligne de compte et les relations “ logiques ” entre les Page 12 causes et les effets ne sont pas toujours confirmées. Ainsi, les mouvements répétitifs du poignet ne sont pas toujours associés à des problèmes au poignet, les travailleurs à temps partiel n'ont pas toujours moins de problèmes que les travailleurs à temps plein, le risque de développer une lésion n'augmente pas toujours avec les années d'exposition. Il arrive souvent que des médecins affirment au tribunal qu'une lésion donnée ne peut être reliée aux conditions de travail qui sont décrites. Il semblerait logique que les personnes travaillant à temps partiel développent moins de TMS que celles qui travaillent à temps plein. Or il se peut fort bien que, tout en ayant le même titre de poste, les travailleurs à temps partiel n'effectuent pas les mêmes tâches que les travailleurs à temps plein. Par exemple, nous avons constaté que les caissières de banque éprouvent de nombreuses douleurs au dos, aux jambes et aux pieds — douleurs qu'il avait lieu d'associer au fait de rester debout pendant de longues périodes —, ainsi que des malaises au cou et à l'épaule associés à des mouvements d'extension. De plus, les employées à temps partiel signalaient le même niveau de douleur que les employées à temps plein. Nos observations nous ont permis de comprendre pourquoi : toutes proportions gardées, les caissières travaillant à temps plein passaient moins de temps au service à la clientèle. Les caissières à temps partiel étaient embauchées pour travailler pendant les périodes de pointe où il y a plus de clients. De plus, elles effectuaient moins d'opérations bancaires — l'entrée des opérations dans le compte de la banque ou le contrôle des réserves de devises par exemple — un travail qui leur aurait permis de s'asseoir. Nous n'aurions pas su comment interpréter cette apparente contradiction si nous n'avions pas observé le travail de ces femmes pendant plusieurs heures. Nous savons qu'il y a des chercheurs qui ne sont jamais entrés dans les usines qu'ils analysent et qui éprouvent des difficultés à interpréter leurs résultats. Ces facteurs complexes réunis font qu'il peut être délicat pour les épidémiologistes d'établir une relation entre les mouvements présents et les maladies présentes. Résultat: la travailleuse ou le travailleur risque de ne pas réussir à faire modifier son poste de travail ou à être indemnisé. Parmi ces facteurs, quatre sont plus typiques des emplois féminins : les femmes sont davantage susceptibles d'occuper des emplois dont la définition est générale et fourre-tout, de travailler à temps partiel et dans des postes mal adaptés à leur taille. Elles sont moins susceptibles d'obtenir des promotions qui leur permettront d'échapper au travail répétitif et, par conséquent, elles sont plus susceptibles de développer des stratégies pour continuer de travailler en prévenant la douleur. Courville et ses �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance collaborateurs ont fait un description émouvante des travailleuses de l'industrie de la volaille qui continuent de travailler malgré la douleur — ce qui est le lot de plusieurs travailleuses. Politique et science Le lien entre le travail répétitif et les lésions professionnelles est l'objet d'une controverse grandissante. Le fait que les tendinites et autres TMS puissent avoir des causes multiples a amené des chercheurs à affirmer que des facteurs personnels comme le diabète et la grossesse justifiaient l'exclusion de certains emplois. Selon certains scientifiques, les LATR n'existent pas, il s'agit d'une “ névrose ”. L'examen de plus de 750 demandes d'indemnisation pour cause de LATR en Californie révèle que les assureurs ont plus tendance à reporter ou à refuser les demandes pour ce genre de problème que pour toute autre lésion ou maladie. Les femmes qui effectuent des tâches répétitives et ennuyeuses sont plus susceptibles de souffrir de TMS que les autres travailleuses. Comment déterminer alors si les TMS sont dus à la répétition (physique), à l'ennui (psychologique) ou à une combinaison des deux facteurs ? La question peut sembler sans intérêt, puisque dans tous les cas la douleur est due au travail, mais elle a des implications au niveau pratique : il est infiniment plus difficile d'être indemnisé pour une lésion causée par l'ennui que pour une lésion ayant une cause physique. Hormones et TMS Le fait que les femmes plus âgées soient davantage susceptibles de développer des TMS n'a pas échappé à l'attention de ceux qui considèrent que la ménopause prédispose à la maladie. Lors d'une plénière au congrès de 1994 de l'Association internationale d'ergonomie, un médecin a harangué l'auditoire, affirmant qu'il avait été scientifiquement prouvé que tous les symptômes du syndrome du canal carpien chez les femmes plus âgées étaient dus à la ménopause. Durant une réunion de représentants syndicaux sur la santé et sécurité au travail, un de ceux-ci a énuméré les facteurs personnels parfois considérés comme la cause des TMS et pouvant être invoqués pour refuser d'indemniser les travailleurs et les travailleuses : l'arthrose (maladie des articulations, parfois due au travail), l'âge et la ménopause. “ Chez nous c'est l'empaquetage des boîtes électriques. Dans un cas que j'ai traité, une fille avait développé une tenosynovite [inflammation de la gaine du tendon]. On a perdu au Bureau de révision : elle n'aurait pas fait assez de mouvements répétitifs, ça ne dépendait pas de ça. Le médecin de la compagnie est venu dire qu'elle approche de la ménopause et que c'est dû à ça. Elle empaquette 25 000 boîtes par jour [un cycle de moins de deux secondes], mais il n'y a pas de mouvements répétitifs." Selon les travailleuses, la ménopause et la grossesse sont souvent invoquées comme étant les “ vraies ” causes des lésions lors des audiences sur les demandes d'indemnisation. Puisque les plus âgées sont à la ménopause et que les plus jeunes viennent souvent d'accoucher, il semble plus commode d'attribuer les TMS des femmes à des facteurs personnels plutôt qu'à des facteurs professionnels. Conclusion Lorsqu'on examine les travaux scientifiques portant sur les TMS, on comprend mieux pourquoi les autorités ont tardé à reconnaître les problèmes de santé des travailleuses et à les indemniser. Bien entendu, il n'est pas particulièrement facile pour les hommes d'être indemnisés pour des TMS et, dans les causes d'indemnisation, les témoins interprètent souvent les données scientifiques à leur avantage. Les femmes sont cependant désavantagées par la recherche et le système juridique. Cette situation est en partie attribuable à des attitudes sexistes (telles celles qui se révèlent dans les études impliquant la ménopause). Mais elle s'explique surtout par la nature des emplois traditionnellement féminins, où les dangers spectaculaires et facilement identifiables sont rares. Dans un contexte qui oppose employeur et employé, où chacun profite de la moindre faiblesse dans l'argumentation de l'autre, les Page 13 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance femmes et les emplois féminins Page 14 sont des cibles plus faciles. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Alberta Government Contradicted by New Work Absence Statistics. (Absences Due to Illness and Disability Highest in 10 Years.) New figures acquired by the Alberta Federation of Labour (AFL) show that in 1998, work absence due to illness, injury and disability was at its highest level in a decade. This contradicts the Alberta government and WCB claim that Alberta workplaces are safer than ever. The statistics released by the AFL suggest that many Alberta workers are getting injured at work but not receiving the WCB benefits they deserve. "Workers are getting hurt more now than at any time during the past ten years. More workers are getting hurt and they are missing more days," says AFL President Audrey Cormack. "What this tells us is that WCB’s boast about record low time-loss claims needs to be viewed with suspicion," adds Cormack. "They have a credibility gap." The real reason for the discrepancy, suggests Cormack, is that government and WCB policy hasn’t improved safety in workplaces, but has instead discouraged the reporting of accidents to the WCB. "Employers now have a built in motivation to hide WCB claims. And with self-regulation, there is no one in the field making sure employers obey the law," notes Cormack. Le gouvernement de l’Alberta est contredit par les récentes statistiques sur l’absentéisme au travail. Les absences attribuables aux maladies et incapacités sont les plus élevées en dix ans. De nouvelles données acquises par l’Alberta Federation of Labour (AFL) (fédération du travail de l’Alberta) indiquent qu’en 1998, l’absentéisme au travail attribuable aux maladies, accidents et incapacités était à son niveau le plus élevé depuis une décennie. Ceci vient en contradiction des dires du gouvernement albertain et de la WCB à l’effet que les lieux de travail de l’Alberta sont plus sûrs que jamais. Les statistiques émises laissent entendre que plusieurs travailleuses et travailleurs albertains sont accidentés au travail mais ne touchent pas les prestations d’indemnisation auxquelles ces personnes ont droit. « Plus de travailleuses et de travailleurs se blessent maintenant qu’auparavant depuis les dix dernières années. Plus de travailleuses et de travailleurs se blessent et sont absents plus souvent », dit Audrey Cormack, présidente de l’AFL. « Ce que ceci nous indique, c’est que les déclarations de la WCB au sujet de faibles réclamations record pour perte de temps doivent être évaluées avec suspicion, » d’ajouter Cormack. Ces gens manquent de crédibilité. La vraie raison de cet écart, a dit Cormack, c’est que la politique du gouvernement et de la WCB n’a pas amélioré la sécurité au travail, mais a plutôt découragé le signalement des accidents à la WCB. « Les employeurs sont maintenant motivés à dissimuler les réclamations auprès de la WCB. Grâce à l’autoréglementation, il n’y a personne sur le terrain pour veiller à ce que les employeurs obéissent à la loi, » déclare Cormack. Editor’s note: Good show to Audrey Cormack and the AFL!! We need to expose the media spin that the governments and WCB's are putting on accident stats these days. Note du rédacteur : Bravo à Audrey Cormack et à l’AFL!! Nous devons exposer aux médias les manèges auxquels se livrent de nos jours les gouvernements et les organismes d’indemnisation au sujet des statistiques sur les accidents. Page 15 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance WORKING WOMEN FACE UNIQUE ON-THE-JOB STRESS Women now make up almost half of America's work force, and like men, they often suffer from job-related stress. But some of the sources of a woman's stress are unique to their gender, as are some of the work-related health hazards, according to a report in the Journal of the American Medical Women's Association. "With women constituting nearly half (46%) of today's work force, researchers are starting to identify occupational stress and health risks that are unique to women," according to Dr. Wendy Chavkin, editor-in-chief of the journal. "Many female-dominated occupations, such as healthcare, cleaning and teaching, are fraught with hazards that are often overlooked," she said in a statement issued by the journal. Occupation stress can come from working conditions themselves, such as overload, poor interpersonal relations and physical working conditions, as well as from job-related factors like discrimination, lack of opportunity for advancement, and boredom, Swanson stated. Both men and women face many of these stressors, but working women also face unique difficulties that can cause additional stress. Women can also face unique physical stressors at work. For example, Dr. Jeanne Mager Stellman of Columbia University in New York reports that "many women experience repetitive strain injuries, such as carpal tunnel syndrome, at a rate that far exceeds that of men." She notes that this is often due to operating assembly-line machinery, and that women in industrial jobs may face physical injury because they work with machinery or tools designed for men, who are larger. "The most effective way of reducing occupational stress is to eliminate the stressors through organizational and job redesign interventions," writes Swanson. These can include allowing workers to participate more in decision making, clarifying job responsibilities, expanding opportunities for promotion, and providing more family support programs that help both men and women cope with work-life issues, such as child care. Editor’s note: This is an except from an article that appeared Friday, May 12, 2000 on the web site of: http://dailynews.yahoo.com BOSSES TO FACE THE LAW OVER KILLER ACCIDENTS IN BRITAIN By Andrea Babbington - May 23, 2000 Bosses of businesses responsible for fatal accidents will be made easier to prosecute under new plans to be unveiled today. Home Secretary Jack Straw is to announce to the House of Commons new laws aimed at bringing more killers to account. The proposals come amid growing unease about executives from large corporations escaping charges over major accidents. Victims and relatives of those killed in the Paddington rail Page 16 crash were furious when it was revealed earlier this month that no charges would be brought. Thirty one people died when two trains collided outside the London station last October. But the Crown Prosecution Service concluded there was insufficient evidence to bring cases to court. Under present law, prosecutions for corporate manslaughter are very unlikely to succeed unless made against one man or very small companies. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance This is because the law requires proof that a director or other executive had "controlling" responsibility and was grossly negligent. But changes making them individually responsible for public safety and liable to prosecution if their conduct fell below what could be reasonably expected may be included in the package of measures being unveiled by Mr. Straw. Union leaders yesterday called for the introduction of a law of corporate killing to crack down on "callous or ignorant" employers in charge of dangerous workplaces. Although deaths at work have plunged by 90 per cent since 1974, an average of five people are killed every week at work, the TUC reported. Editor’s note: It’s good to see that the British Labour Party is moving to hold employers more accountable. CRIMINAL LIABILITY FOR EMPLOYERS RESPONSABILITÉ CRIMINELLE Alexa McDonough has introduced a private member's bill, Bill C-259, to amend the criminal code to provide for criminal liability of corporations, directors and officers where the corporation "permits or fails to take all reasonable steps to provide safe working conditions for its employees". Alexa McDonough a présenté un projet de loi d’initiative parlementaire, le projet de loi C259, afin d’amender le code criminel et de prévoir la responsabilité criminelle pour les entreprises, les dirigeants et les cadres qui « négligent de prendre toutes les dispositions raisonnables pour assurer des conditions de travail sécuritaires à leurs employés ». This private member's bill is in line with the recommendations of the Inquiry into the Westray Disaster. This is an important initiative. Every one is encouraged to contact their elected government official and express their views. POUR LES EMPLOYEURS Ce projet de loi d’initiative parlementaire concorde avec les recommandations de l'enquête sur la tragédie de la mine Westray. Il s'agit d'une initiative importante. Chacun est encouragé à communiquer avec son député pour exprimer son point de vue. Injuries Australia We have been in touch recently with Bill Weston, President of Injuries Australia, a national organization in Australia. They were formed when three organizations representing injured workers, people injured in auto accidents and survivors, came together. It was begun two years ago with the help of the Australian Plaintiffs Assoc. on the edge. There are many people suffering from poor treatment by the system in Australia and too many are committing suicide. Injuries Australia are interested in connecting with other groups. You can get in touch by sending an e-mail to Bill at mail@injuriesaustralia.com.au Among other things, they operate an injuries help line and have done a lot of counseling with people Page 17 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Our Goals CIWA/ACVAMT Is about  To work towards a just SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.   PARTNERSHIPS We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.  INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.   system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available        The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE VIDEOS & WORKBOOKS  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 3678 1201 Jasper Drive Thunder Bay, ON P7B 6E3 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 18 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Summer 2000 Description An account of the resource Articles about Repetitive Strain Injury (RSI); "When the Female Worker Becomes a Machine..."; "Women, RSI and Compensation"; "Working Women Face Unique On-the-Job Stress"; work absence report in Alberta; "Criminal Liability for Employers". Updates for Peer Support Pilot Project "People Helping People"; Youth Project. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 2000 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English, French Type The nature or genre of the resource Text Subject The topic of the resource Labour and Labour Unions https://digitalcollections.lakeheadu.ca/files/original/bfa8d995b00f89981abda56a895838b3.pdf a76bc0913d108d6cf06c927dcef3606c PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 YOUTH PROJECT FOLLOW-UP MEETING Toronto, ON - March 20 – 21, 2004 The Board of Directors of the Canadian Injured Workers Alliance through the help of additional funding was able to have a very much needed follow-up meeting with some of the Youth that took part in our Project called: “The Youth Project”. This meeting took place in Toronto, Ontario, in March 2004, and we are very pleased with the outcome and results of this meeting. We would like to thank HRDC for this special opportunity that would not have otherwise been possible. Please find a report written by Rob Lindsay, in relation to this special follow-up meeting inside this issue on page 5. Table of Contents CIWA/ACVAMT contacts ....................................... 2 Special Appreciation.............................................. 3 Thank You page .................................................... 4 Youth Project, cont’d ............................................. 5 CIWAY Board of Directors ...................................... 6 Cdn Survey on Youth Health & Safety ..................... 6 Day of Mourning Article by Tara Dorval ................... 7 USWA Policy Convention Article .............................. 8 C.I.W.A./ACVAMT Activities ........................... 8, 9, 10 Miscellaneous .......................................................11 CIWA/ACVAMT Info ............................................. 12 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: __________ $ __________ 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 AB… Gerry Gray, Red Deer 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 SUMMER STUDENTS… Tara Dorval, Youth H&S Research Assistant Greg Berry, Web Master 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 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Special Appreciation April 28, 2004 To Labour Organizations Who helped with attendance of our Youth members at the Day of Mourning Ceremonies in Ottawa, Ontario We would like to express our sincere appreciation and thanks to the following: Western Injured Workers Society Labrador West District Labour Council Regina Outside City Workers, Local 21 USWA USWA, Labrador Local These donations enabled three of our board members of the Canadian Injured Workers Alliance Youth (CIWAY) to attend the ceremonies along with three Board Members of the Canadian Injured Workers Alliance (CIWA). This event was hosted by the Canadian Labour Congress (CLC), at Queen’s Park in Ottawa on April 28, 2004. CIWA is a national organization that exists to strengthen and support the work of local, provincial and territorial injured workers’ groups across Canada. We believe that we can best assist in these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and labour organizations. Once again, a big thank you to these organizations for their very generous donations. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Century Farm Waterfront Cottages Point Prim, Prince Edward Island Thank you for your wonderful hospitality during our meeting in June. We experienced a wonderful atmosphere which allowed our Board meetings and AGM to run smoothly. Our Volunteers Thank you to all those who volunteer their time for our organization. Thanks to the Board of Directors of CIWA. Thanks to all the Youth who attended our meeting in Toronto in March, and created the Youth Division of CIWA. Thanks for all the work you have been, and will be putting into the research and development of this division. Canadian Labour Congress For your generous offerings of inclusion in all your activities. The scholarships provided for the Winter and Summer schools available for two regions of the country. The Health & Safety Conferences which we participate in, such as the one coming up in November 2004 in Montreal, Quebec. In general, we thank you for your commitment to injured and disabled workers’ groups, their members, and your support for workers’ rights and issues. Page 4 HRDC Thank you for providing the Operational Funding required to continue maintaining and managing our organization for yet another term. �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail YOUTH PROJECT FOLLOW-UP MEETING Toronto, ON - March 20 – 21, 2004 (Continued from Cover Page) This is a brief report of the ―Youth Project Follow Up Meeting” that was held in Toronto, Ontario. We wanted to find out from the youth what worked and what didn't work from the training they received for our Youth Project— which took place between 2000 and 2002—in order to come up with solutions for improvements on their future presentations. When the youth were consulted about their experiences with the Youth Project, we found there was an overwhelming concern for the apparent lack of funding and physical support that is imperative for the mobilization of the youth initiative. The youth were asked to break up into groups and come back with a 45 minute presentation on how things worked and how things didn't work, and to also come back with some concrete solutions on how and what we need to do to improve the situation and presentations. They were also asked to present a 15 minute skit related to their concerns, regarding the importance of a safe and healthy workplace. Throughout the day we assisted the groups with their presentations and ensured that they were hard at work. Not to our surprise, the youth worked very hard at getting their presentations and skits perfected for March 21st, the presentation date. Many of them worked right through into the evening to get it done. It was just amazing to see the vigour they put forth into their work. This was the same interest they had exhibited in the projects they had participated in before. On the morning of the 21st of March, everyone met and discussed how they were going to do the presentations. In addition, two of the youth spoke about different issues with regard to the importance of this project, which was absolutely wonderful. The presentations began and it was overwhelmingly amazing to see the work and interest that these young people had taken in the cause. The most important issue that came out of these presentations was that they all recognized the importance of a safe and healthy workplace. Perhaps the most encouraging feedback was the inherent willingness and motivation the youth expressed about proactively doing something to ensure that all workers across Canada have fair access to a safe and healthy workplace. Furthermore, to our pleasant surprise, the youth stated that they wanted to become part of CIWA, and that they wanted to create their own division within CIWA! They had decided to form their own organization called: “Canadian Injured Workers Alliance of Youth – CIWAY”. They held elections and formed their own Board of Directors, which includes a President, Vice President, Secretary, Treasurer and Board Members. They ensured that their Board of Directors was set up to represent all provinces that were in attendance, and to work on having complete provincial representation in the near future. Currently, CIWAY has representation in the Yukon, Alberta, Saskatchewan, Manitoba, Ontario, P.E.I., Labrador & Newfoundland, and Nova Scotia. Their dedication was apparent when they worked at it until 10:00 P.M. that evening to make sure they had everything in place so they could commence their quest to start working towards a safe and healthy workplace for all-especially youth. This was a great achievement for these youth, as they see the need for such an organization to be in place for the youth all across Canada—educating, sharing information and working with each other in regards to O.H.&S. They want to develop a newsletter geared towards youth, develop a special youth web site, and complete projects in the future to continue training youth about their rights and their responsibilities in the workplace. They recognized that they would not have been able to accomplish what they did without the support of CIWA, HRDC, and, of course, the donations from labour. CIWA is also very proud to be able to report back to HRDC the excellent outcome of a well organized project that they had sponsored, and hope that they too would be very proud of the outcome. Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWAY – Canadian Injured Workers Alliance of Youth BOARD OF DIRECTORS – MARCH 2004 BOARD MEMBERS / Provincial Reps ANDREW BACCHUS Toronto, ON PRESIDENT TARA DORVAL Thunder Bay, ON VICE PRESIDENT DUSTIN EASTMAN Regina, SK SECRETARY JULIE SHOEMAKER TREASURER JESSICA BELANGER Sommerset, MB Winnipeg, MB 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 the office located 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 Canadian survey on youth health and safety in the workplace Received from Workers’ Compensation Board of Nova Scotia, Shelley Rowan, Director, Communications: FOR PREVENTION, YOUTHS NEED MORE INFORMATION AND TRAINING HALIFAX, Oct. 15 /CNW/ - Young workers ask for more information and training about health and safety at work. Compensation boards and commissions will meet with employers and educators, workers associations and unions representatives to take action about the poor health and safety situation of youth at work. "The young workers surveyed consistently showed a definite lack of training in the workplace. Only 13% of all youth respondents say they recall receiving information about workplace health and safety from schools. Even if young workers surveyed do not seem as concerned about dangers and injuries as older workers (12% vs. 24%), many report that they would take action if they felt threatened by unsafe working conditions but would not necessarily discontinue working. The Association of Workers' Compensation Boards of Canada will meet with board and commission's partners to discuss the issue of health and safety of young Canadian workers at its 2nd public forum that will take place in Montreal on October 26-28, 2004. For further information and interviews: Shelley Rowan, Director, Communications, Workers' Compensation Board of Nova Scotia, (902) 491-8105, shelley.rowan@wcb.gov.ns.ca Page 6 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail National Day of Mourning May 28th, 2004 - 20th Anniversary By Tara Dorval, President CIWAY From Australia to Taiwan, many countries around the world have named April 28th the official marker of Workers’ Memorial Day—a day that recognizes those who have been injured or killed as a result of hazardous workplace environments. In Canada, this day of commemoration is widely known as the National Day of Mourning. Thus, on April 28th of every year, nearly the entire globe reserves this universal day to ―mourn for the dead and fight for the living.‖ Ever since the Canadian Labour Congress first incited the Day of Mourning as a period of remembrance in 1984, memorial ceremonies have been honoured around the world to provide a forum for change, and unite people in a moment of silence. Sponsored in partnership by the Canadian Labour Congress, the Ottawa & District Labour Council, and the Ottawa & District Injured Workers’ Group, Ottawa held one such ceremony on April 28th—the 20th anniversary of the National Day of Mourning. Several members of the freshly formed youth division of CIWA, known as the Canadian Injured Workers Alliance Youth (CIWAY), attended this ceremony. They held their own CIWAY banner high and proud, so everybody in attendance could see that youth are visibly concerned and conscientious citizens, too. A ceremonial wreath was placed at the foot of the National Monument out of respect for those workers who have died from occupational hazards and diseases. Rob Lindsay, the President of CIWA, and Tara Dorval, the President of CIWAY, addressed the audience about the urgency and commitment to keep occupational health and safety issues affront in the public eye, so that safety initiatives will remain engaged and proactive rather than reactionary and stagnant. All those who spoke or listened that day had reached a consensus that many of the injuries and fatalities that occur in the workplace are not just accidents, but, nonetheless, preventable crimes of negligence. It was the first time that a Youth organization in support of injured workers rights, had attended the National Day of Mourning ceremonies in Ottawa—at the forefront of the service. Everybody from all walks of life who were there, including mourning families and supportive friends, union representatives, social advocates, the media, and politicians along with leftwingers and centres, had taken notice of CIWAY due to this exposure. In fact, many of the speakers proceeding after Rob and Tara soon acknowledged the presence of youth in the movement of worker health and safety, and most importantly, recognized that young workers are the most at-risk demographic for workplace injury and death. As a result, the 2004 National Day of Mourning in Ottawa has opened up many eyes and minds to the concerns of young worker safety. This is imperative for active change to be implemented in the crusade for workers rights—the rights of those who come from all walks of life, and finally, those of all ages. Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Current Activities CLC Winter Schools - Harrison Hotsprings - Abbotsford, BC - CAW H&S Centre, Port Elgin, ON Board of Directors Meetings - January 2004, Edmonton, AB - March 2004, Toronto, ON - June 2004, Point Prim, PEI AGM - June 2004, Point Prim, PEI Formation of Youth Division of CIWA - at Board meeting and Youth Project follow-up meeting in Toronto, ON – March 2004 Day of Mourning Ceremonies – April 28, 2004 - Ottawa, ON USWA Steelworkers of America Policy Convention – April 21 – 25, 2004 - Vancouver, BC CLC 2nd National Disability Rights Conference – November 11-14, 2004 - Montreal, QC Alberta Workers’ Health Centre – “A Global Workplace: Challenges & Strategies for Occupational Health & Safety” Conference – October 2004 - Banff, AB Round Table Project – September 2004 - Toronto, ON UNITED STEELWORKERS’ OF AMERICA POLICY CONVENTION APRIL 21 – 25, 2004, VANCOUVER, BC CIWA was invited to the Steelworkers’ of America Policy Convention held in Vancouver, BC, April 21 – 24, 2004. Phil Brake, our new National Coordinator, Robert Lindsay, our new President, and myself Lee Harrison, BC Representative and Secretary attended the Convention. We had the opportunity to set up our information booth. Many people attended the Convention, and we were well received. CIWA was recognized by many of the delegates. We handed out many information pamphlets. Interest was shown in our completed project reports, videos, resources, and copies of our Newsletters. We all had the opportunity of meeting the outgoing USWA National Director, Lawrence McBrearty. Ken Neumann was sworn in as the new USWA National Director and Steve Hunt is the new District 3 Western Canada Director. I appreciated the opportunity of meeting with the USWA. We are pleased that they continue to support CIWA in our efforts to assist Injured and Disabled Workers’ across Canada. Lee Harrison, Secretary BC Representative Steve Hunt New District #3 Western Canada Director Lawrence McBrearty Retiring National Director, USWA Ken Neumann New National Director, USWA Page 8 Robert Lindsay President, CIWA Addressing the Convention �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Current Activities INTERNET Our web site provides an open forum and easy access to information for clients on a truly global basis—24 hours a day and seven days per week. Information available on the site and referral links provide clients with access to information they require in order to develop and pursue a plan of action in managing injuries and disabilities. Clients are able to discover service providers situated locally, and obtain direct contact information for our office. Internet based communication has also enhanced the effectiveness and information flow amongst the Canadian Injured Workers Alliance’s Board of Directors. This permits Board members to function across the vast distances between the Provinces and Territories within which they live. A successful funding application through the HRDC, ―Summer Career Placement Program‖, allowed for the hiring of a student to upgrade and maintain our website once again this year. Greg Berry has given our web site a whole new refreshing look. Please check it out at www.ciwa.ca. Our Youth Page was revised, copies of Canadian Injured Workers Alliance newsletters posted to the site, as well as various other enhancements to website functionality. The site was also updated with all current information from our databases. The forum page allows persons to post their experiences as well as view other’s stories, and request others for their input. INFORMATION & REFERRAL Referral services are constantly provided to injured workers, injured worker activists, organizations, and the media. Canadian Injured Workers Alliance responds to information requests via telephone, email, fax, and office walk-ins. Information and referral services are a key element of our mission, and a valued service to those who contact us seeking information and resources. Clients have sought and received information on a wide variety of topics including Worker’s Compensation issues, ergonomics in the workplace, and Health and Safety matters among others. Frequently, clients who contact us exhibit effects of emotional upset and stress. These clients may be attempting to deal with substantial changes in both their work and home lives, in addition to serious financial impacts associated with work related injuries. The appropriate aid that these individuals require will therefore stem from one or all of the following classes of referral: 1) Case Management Assistance of managing claims, completing reports, obtaining required documentation, acquisition of medical documentation, understanding claim determinations, appeals processes. 2) Emotional Support Assistance to the injured or disabled worker and the immediate family in dealing with change, adjustment, depression, stress, anxiety etc. 3) Medical Support Obtaining diagnosis, treatment, therapy. Counseling on alcoholism, substance abuse. 4) Financial Management Adjusting to income changes, debt consolidation, credit counseling, and financial solvency issues. As part of our referral process, we give individuals the opportunity ―to tell their stories‖ and be heard. Clients need a source to turn to where their voices will be heard, and where they can discover new directions to apply their energies in an applicable effort to resolve troubling issues. In 2003, Canadian Injured Workers Alliance was an instrumental aid in the intervention and referral of a client that prevented the potential suicide of an injured worker whose emotional condition had reached a critical state. As a result, this individual was able to obtain the supports he needed to address both the emotional and practical issues of the crises he was enduring. Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail ROUND TABLE CIWA continues to be actively involved on the Advisory Board with the Round Table Project. Another meeting is scheduled for September 2004, in Toronto, Ontario. BUILDING INCLUSIVE COMMUNITIES One of the key barriers to the effective governance and communication of local organizations is conflict within the group, and/or conflict with related groups in the community. CIWA submitted a proposal in March 2004 to HRDC, Social Development Partnerships Program (SDPP-D). We are hopeful in receiving funding for this proposal, a pilot phase thus titled: ―Building Inclusive Communities‖ (formerly known as ―Conflict Resolution that Works!‖). This project is about helping injured and disabled workers, who volunteer in local self-help/advocacy groups, to increase their effectiveness and involve more people in the social change process towards inclusion of people with disabilities in all aspects of Canadian life. STRENGTHENING RELATIONSHIPS WITH ORGANIZED LABOUR CIWA has attended spring & winter schools hosted by the Canadian Labour Congress (CLC), for a number of years now. Most recently, 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 Canadian Labour Congress is hosting it’s 2nd National Disability Rights Conference in November, 2004, in Montreal, Quebec, titled ―Doing MORE – Moving FORWARD‖, where CIWA will also have representatives attending. If you are interested in attending this conference, the registration fee is $250.00, and the deadline to register is October 12, 2004. For more information contact their office at: Ph: 613-521-3400, Ext. 202 Fx: 613-521-3959 Email: women&hrights@clc-ctc.ca The CLC has purchased land in Ottawa to build a monument commemorating April 28th, National Day of Page 10 Mourning, in memory of lives lost due to workplace accident or occupational disease. CIWA was very proud to be part of the Ceremonies taking place in Ottawa along side the CLC for the National Day of Mourning on April 28, 2004. BOARD OF DIRECTORS The CIWA Board of Directors has held their regular board meeting in Point Prim, PEI, in June, 2004. In addition to the regular Board meeting, CIWA also had it’s AGM and invited injured worker groups from that area to attend. The Executives of the Board of Directors meet on a regular basis to review financial statements and discuss ongoing issues. Sub-committees also meet on a regular basis to review plans and goals for CIWA. The CIWA Board of Directors will meet again in the fall sometime via conference call to continue to direct the organization and review its goals, activities and current activity progress. CHRONIC PAIN Our volunteer board members have been actively researching and in contact with the Canadian Pain Coalition, developing partnerships, and developing a study on the causes and effects of chronic pain. CIWA has been invited by members of the medical community to form part of a coalition to increase awareness of the importance of finding solutions for persons suffering from this disease. Chronic pain occurs in the early stages following an injury. Understanding, preventing, and treating debilitating and persistent pain associated with an injury can factor on whether or not an injured person will develop chronic pain. Persons suffering from chronic pain become powerless and feel that they have no control over what is happening to them, as it drains away their strength, independence and happiness. The Chronic Pain Conference, focused on the importance of Peer Support sessions. Representatives from injured worker groups in attendance acknowledged that peer support actually reduced the risk of chronic pain, as persons related their pain and experiences with each other. Find out more at: www.curepain.ca �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Miscellaneous Recommended Internet site – – – The new Office of the Worker Adviser Web site is ―Live‖. Check it out at: www.owa.gov.on.ca http://www.owa.gov.on.ca It has an abundance of useful resources on-line such as sample letters for appeals, how to acquire a copy of your file through the Freedom of Information Act, and links to sites such as the Workplace & Insurance Act (Ontario). PIPEDA – Personal Information Protection and Electronic Documents Act - - This is the federal legislation that applies to organizations as of January 1, 2004. PIPEDA establishes outcomes regarding the collection of personal information in the course of commercial activities. The legislation affects the type of personal information that is collected and how it is maintained, used and disclosed. The Coalition of Ontario Voluntary Organizations is partnering with Capacity Builders to develop training sessions to help not-for-profit organizations understand and comply with the Act. Are you interested? Contact: Joan M. Christensen at the Coalition of Ontario Voluntary Organizations, Toronto, ON Ph: 416-7841420 / Fx: 416-256-3021 / Email: general@covo.on.ca or visit their website at www.covo.on.ca. Summary information about the Act for Non-Profit organizations is also available at http://garberconsulting.com/nonprofit_news_03_12.htm. It is the site of Nathan Garber & Associates Consulting & Training for the Not-for-Profit Sector. It also contains a lot of other interesting information for non profits. Bill No. 20 – Workers’ Compensation Act (NS). – Chronic Pain - - An Act to Amend Chapter 10 of the Acts of 1994 – 95 of the WC Act, and Chapter 7 of the Acts of 1996, of the Occupational Health & Safety Act, Bill No. 20 as was introduced on October 16, 2003 regarding the Workers’ Compensation Act of Nova Scotia. The Supreme Court of Canada’s ruling on October 3, 2003 regarding Chronic Pain establishes it to be a compensable injury. Chronic Pain is defined in S. 10A of the Workers’ Compensation Act as follows: ―Chronic Pain‖ means pain: a) Continuing beyond the normal recovery time …. b) disproportionate to the type of personal injury that precipitated, triggered, or otherwise predated the pain, and includes chronic pain syndrome, fibromyalgia, myofacial pain syndrome, and all other like or related conditions, unless significant, objective, physical findings at the site of the injury indicate the injury has not healed. For more information on the Supreme Court of Canada Decision of October 3, 2003 visit the Court Challenges Program at http://www.ccppcj.ca or contact the office of the Canadian Injured Workers Alliance. Bill C-45 – Employers’ Criminal Liability in Health and Safety Issues - Canada now holds employers criminally liable for health and safety issues which cause harm to workers, ―Sending the Boss to Jail‖ is now possible under Bill C-45. 12 years ago, the lobbying efforts of then-leader of the NDP, Alexa McDonagh and the labour movement, especially the CLC and the Steelworkers, finally forced the federal government to take action by enacting legislation as a result of the Westray tragedy in Nova Scotia. Bill C-45, The ―Westray Bill‖ received Royal Assent in November 2003, and took effect March 31, 2004. 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.  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 6T6 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, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Summer 2004 Description An account of the resource Articles about the followup to a Youth Project, a survey on youth health and safety in the workplace, the 20th anniversary of the National Day of Mourning. CIWA current activities. A thank you letter for labour organizations that donated and helped CIWA with the Day of Mourning celebrations in Ottawa. Information about the Personal Information Protection and Electronic Documents Act, Bill 20 and Bill C-45. 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 2004 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/8a9d08b576cf894e003db13672071ff2.pdf 689bc11057ef720a89065ce981e49354 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Chronic Pain – Research Study: “Exploring Barriers to & Strategies for Enabling Return to Work/Return to Function (RTW/RTF) for persons with Chronic Disability” If you have: - a CHRONIC DISABILITY - been OFF WORK for TWO YEARS or longer We would like to interest you in participating in a research study on Return to Work and Return to Function. Research Process: - complete & return a Consent and Contact Form - participate in a telephone interview If you are planning a board meeting, a public meeting or social gathering this month, we would be very appreciative, if you could pass this message on to anyone and everyone. If you would like to participate, or know of anyone interested in participating, please contact the CIWA office or. University of Western Ontario – Lynn Shaw, MSc. OT Reg. (ON) PhD, Principal Investigator for the Study. Phone: 1-519-661-2111, ext 88971. Toll free: 1-866876-3124 or EMAIL: leshaw@uvo.ca The deadline is quickly approaching ! We look forward to hearing from you. Table of Contents CIWA/ACVAMT Contacts ...................................... 2 CIWAY Contacts, Youth at Risk .............................. 3 CIWA/ACVAMT Activities .....................................4, 6 Miscellaneous .......................................................13 Letters .................................................................14 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: __________ $ __________ 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… SK ... Robert Lindsay, Regina Western Injured Workers Society (Sask.) President Secretary Treasurer 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 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 Thunder Bay, ON Regina, SK Sommerset, MB 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 Youth at Risk National Union / Straight Goods - July 26, 2005 www.nupge.ca / www.straightgoods.com Young workers have higher injury, fatality rates in the workplace. In Ontario, seven young workers under age 25 died from traumatic injures or other “immediate causes” and 49,000 were injured on the job in 2004. The most common injuries suffered by young workers from 1996 – 1999 were: - Loss of body part by amputation or avulsion (torn off) - Fractures; - Chemical, heat and electrical burns; - Strains and sprains; and - Abrasions, contusions, blisters, and fraction burns. View winning videos from the WSIB’s annual Ontario Workplace Safety Student Video Awards contest online at: http://www.wsib.on.ca/wsib/wsibsite.nsf/public/PreventionStudentVideoContest Our Deepest Sympathy To Orlando Buonastella and his family for the loss of his wife and partner, Shelley Thomson. Many of you probably know Orlando from his many years of helping Injured Workers, and a long time Advisor to CIWA/ACVAMT. Shelley died from cancer on Wednesday, August 17, 2005. Shelley supported a clean environment approach to the prevention of cancer and related diseases. With Sincerest Condolences from: The Board of Directors and Staff of the Canadian Injured Workers Alliance Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Activities Next Board of Directors Meeting - October 2005, Winnipeg, MB Chronic Pain – Research Study: “Exploring Barriers to & Strategies for Enabling Return to Work/Return to Function (RTW/RTF) for persons with Chronic Disability” CIWA/ACVAMT is currently working in collaboration with members of a research team from the University of Western Ontario, headed up by Lynn Shaw, MSc. OT Reg. (ON) PhD, the Principal Investigator for a Research Study to examine the system and community barriers persons with chronic disabilities face in trying to access services and supports. The outcome of this research is to help create strategies to address barriers and to move systems towards supporting early RTW and occupation. For more information on how you can participate in this research study please contact the CIWA office or Lynn Shaw. (Contact info on cover page) Empowering participation through collaboration and partnering in the community and in the employment process CIWA is the lead organization and has partnered with Roundtable (RT) on Return to Work and Function (RTW/RTF), the school of Occupational Therapy at the University of Western Ontario, and the Ontario society of Occupational Therapists. Full inclusion in society for persons with disabilities ((PWD) includes the right to partner with others in the community to secure meaningful employment. Research has consistently demonstrated that effective collaboration between providers, agencies, employers and PWD is significantly easier to theorize than deliver. Key to the process of equitable participation are mutual efforts of PWD and disability support personnel (DSP), which may include employment specialists at the system and agency levels, employers, support workers, and rehabilitation professionals. For PWD, a partnering role involves making choices, exercising influence over decisions, and fulfilling teamwork responsibilities. For DSP, this entails facilitating collaboration and taking steps to optimize the social, practice and community environments for partnering. However, PWD who are unemployed, experience a multitude of occupational injustices that marginalize their efforts to assume a full partnering role. Providers indicate that inadequate resources and training limit the full implementation of empowering approaches. This project will seek to address these systemic barriers to participation and improve the capacity and coherence of PWD and DSP efforts in securing the rights of PWD to partnering and collaboration throughout the disability employment support context. Round Table Project “Creation of a Collaborative Centre on People, Health, and Work” CIWA has entered into a collaborative agreement with the Roundtable Project (RTP) with CIWA being the lead applicant in this initiative. Graham Lowe PhD, Canada’s leader in Health and Productivity, the evaluator of the Round Project Report recommended that the RTP must transform from a Project of the Ontario Medical Foundation to a formal institution capable of fostering and leading the Page 4 implementation of the activities that will bring about this change. The purpose of this project is to take the steps needed to transform the RTP into a more permanent organization as an incorporated, non-profit agency. CIWA is committed to guide the RTP through this transformation and the RTP is committed to undertake the steps needed to ensure this is accomplished. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Newfoundland Labrador Widows and Lost Pensions Submitted by: Patricia Dodd, Newfoundland & Labrador Injured Workers Story by Tara Bradbury Mullowney, The Telegram. The Supreme Court of Newfoundland and Labrador has ruled that a Human Rights Commission board of inquiry has jurisdiction to hear a case involving three widows and lost pensions. On Sept. 23, the court struck down the application by the Human Rights Commission, whose board of inquiry had said it did not have the jurisdiction to adjudicate on the matter. Discrimination complaint In July 2001, three women whose husbands had died in industrial accidents many years earlier, filed complaints with the Human Rights Commission alleging they had been discriminated against by the Workplace Health, Safety and Compensation Commission because of their marital status. Ineligible after remarrying Each of the women had received their husband’s pension until they remarried, since legislation at the time stated that once they were remarried, they were no longer eligible. In 1993, the legislation changed, and allowed the women to reapply for their late husbands’ pension. However, these benefits began from the date of the application. In an effort to make the Workplace Health, Safety and Compensation Act comply with the Canadian Charter of Rights, the act was then implemented, and anyone whose monthly allowance as a surviving spouse was ended after April 17, 2005 due to their remarriage was then entitled to receive the compensation they would have normally received. Since the three women had all remarried and lost the pensions prior to this date, they were denied benefits. The women believed they had been discriminated against, and brought the case to the Human Rights Commission. The commission referred the complaints to a board of inquiry, which concluded that it did not have the jurisdiction to make a decision in the case. When the case was brought before a Newfoundland and Labrador Supreme Court trial judge, he agreed. However, Supreme Court of Appeal Justices Margaret Cameron and Keith Mercer recently decided otherwise (Justice Malcolm Rowe dissented). “We are not concerned with whether there was, in fact, a breach of ... the Human Rights Code, but with whether a board of inquiry can order a remedy which is inconsistent with a directive contained in ... the Workplace Health, Safety and Compensation Act,” the Supreme Court ruling stated. In making the decision, the court made the distinction between the Human Rights Code and the Canadian Charter of Rights and Freedoms. “While this is not a charter case, because of the nature of the remedy sought and of the quasi-constitutional status of the Human Rights Code, it might appear to some that the Human Rights Code is analogous to the Canadian Charter of Rights and Freedoms,” the decision stated. “Certain obvious distinctions must be noted. The Charter, as part of the Constitution, is supreme. It supercedes all other legislation whether enacted by the Parliament or a Legislature, including human rights codes. Human rights codes, while declared to be quasi-constitutional, are statutes of the legislative body creating them and can be amended or overridden by those same bodies.” The appeals court ruled the board of inquiry has no jurisdiction to issue a general declaration that a relevant section of the Workplace Healthy, Safety and Compensation Act is inoperative. It could, however, use the Human Rights Code to make changes. “I conclude that the chief adjudicator and the Trial Division judge were in error in holding that the board of inquiry had no jurisdiction to grant a remedy in this case.” tbm@thetelegram.com Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail New Brunswick Workers’ Compensation / CPP Disability Benefits Submitted by: Wendy McGee, Executive Director Saint John Labour Community Services, Inc., 30-1216 Sand Cove Road, Saint John NB Ph: (506) 635-0391 office // Fax: (506) 634-7099 E2M 5V8 In the Spring/Summer 2005 Newsletter, there was a letter from an injured worker from Ontario regarding how WSIB had handled the payment of his retroactive benefits from CPP disability. I know it is a little late, but I would like to share with you how this situation is handled in New Brunswick. In New Brunswick worker's compensation is called Workplace Health, Safety & Compensation Commission or WHSCC. Section 38.91(1) of the New Brunswick Worker's Compensation Act reads: "Any compensation or benefits payable by the commission under section 38.11 or 38.2 to a worker shall be reduced by the same proportion of the amount the worker received under the Canada Pension Plan with respect to the injury or recurrence of the injury, that the estimated loss of earnings bears to the average net earnings." (Emphasis added) Simply put, if you are receiving Loss of Earnings benefits in New Brunswick and you are in receipt of CPP disability benefits "with respect to the injury", your Loss of Earnings benefits "shall" be reduced. The amount of the reduction depends on how much WHSCC has estimated the injured worker is capable of earning. Here is an example of how WHSCC calculates the portion of Canada Pension Plan Disability (CPPD) benefits to deduct. Children's benefits awarded to injured workers under the CPP are not deducted from loss of earnings benefits. Worker made $10.00 per hour before the accident, is not totally disabled, and is subsequently considered capable of earning $7.00 per hour after the accident. The remaining Loss of Earnings is $3.00 per hour or 30% disability. Therefore, 30% of the CPPD benefits would be deducted from Loss of Earnings benefits as that is considered the portion of the CPPD benefits related to the work-related injury. Injured workers receiving full Loss of Earnings benefits, i.e., no net estimated capable earnings would have their full amount of CPPD benefits deducted. If the CPPD benefits are solely attributable to a nonwork-related condition and WHSCC receives evidence from Human Resources Development Canada (HRDC) that verifies this, they will not deduct CPPD benefits from Loss of Earnings benefits. As an advocate, I have argued that "in respect to the injury" is exactly what the legislation means. If an injured worker receives CPPD benefits because of a heart condition and the work injury is a back sprain, compensation should not be reduced because the heart condition is not "in respect to the injury." A number of appeals have been won in New Brunswick with that argument. The Canada Pension Plan can also pay Survivor's Benefits. If you are in receipt of Disability Benefits and become eligible for Survivor Benefits because of the death of your partner, there is a section of the CPP Act that comes into play. Read on. Under the CPP Act, you can receive a CPP survivor's pension and a CPPD benefit at the same time. CPP combines the benefits (survivor and disability) and it comes as one monthly payment. There are limits to what a person can receive which will not equal the total of both benefits. For example: Max. survivor rate under 65 (eff. July 2005) Maximum disability rate (eff. July 2005) Total: $ 462.42 $1,010.23 $1,472.65 However, the maximum a person can receive, when eligible for both the CPP survivor's pension and the CPPD benefit, effective July 2005, is $1,010.23 (rate set by CPP as the "Maximum Disability Benefit"). Page 6 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance You may be asking yourself "Why did I share this information with you?" Well, in New Brunswick, when an injured worker is in receipt of Loss of Earnings benefits, is receiving CPP Disability Benefits and becomes eligible for Survivor's Benefits, the commission may reduce their benefits by more money than they are supposed to. Read on. "related to the injury", that amount is recorded in the system and is carried forward for every annual recalculation of benefits. If the injured worker does not inform WHSCC that the benefits from CPP have changed due to the receipt of Survivor Benefits, the injured worker is going to receive less money than they are entitled to. For example: Initially, when an injured worker in NB has their benefits reduced by the portion of CPPD benefits CPP Disability Benefits BEFORE partner's death **$774.65 per month. *********** NEW COMBINDED BENEFITS paid monthly, in one cheque: CPP Disability Benefits AFTER partner's death CPP Survivor Benefits NEW COMBINED TOTAL FROM CPP: $510.07 per month. $444.76 per month. **$954.83 per month. This new combined total is calculated by CPP. You will note that the Disability Benefit of $774.65 has been reduced to $510.07, after being combined with Survivor's Benefits, a difference of $264.58. Now, if you consider that in New Brunswick the portion of CPP Disability Benefits related to the injury reduces compensation benefits, it is important for the injured worker to advise them of a change if they later become eligible for CPP Survivor Benefits. Remember the $10.00 - $7.00 example I gave you earlier? The $3.00 difference worked out to 30% of CPPD benefits being taken away from compensation. Considering the example above: $774.65 before Survivor's Benefits = Ben. reduced by $232.95 (30% of $774.65) $510.07 after Survivor's Benefits = Ben. reduced by only $153.02 (30% of $510.07) Injured workers in New Brunswick get far too little as it is. If we are to ensure fair compensation we must be attentive to how changes in our lives and life styles effect our benefits. This is only one example of change. Perhaps you need to take a closer look at how your provincial legislation and local policy and directives affect your benefits. Manitoba Public Input Sought on The Workers Compensation Act Review Committee Report On February 3rd 2005 the Review Committee on the Workers Compensation Act presented their report to the Honourable Nancy Allan, Minister of Labour and Immigration. Manitobans now have an opportunity to review and comment on the report of The Workers Compensation Act Review Committee. The input received through this additional consultation process will assist government in determining legislative changes to be introduced and policy changes to be implemented. Download a copy of the report “Working for Manitoba”: http://www.wcbactreview.com/pdf/Working_for_Manit oba.pdf. You may also request a copy of the report by sending an email to info@wcbactreview.com or calling 204-954-4556. Manitobans now have an opportunity to review and comment on the report by sending their feedback to Workers Compensation Review Committee Report Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Consultation, P.O. Box 1770, Station Main, Winnipeg, MB R3C 2Z9 or fax 204-954-4995. Saskatchewan The Western Injured Workers Society (WIWS) has now gotten over the summer and are working at getting back into the swing of things. We are still struggling with trying to increase our membership. We have lost a few of our members due to health reasons and tired of the continuous struggle with the WCB. We are now starting to work on our written and oral submissions for the WCB review board. We hope to have at least 15 submissions. These submissions will be delivered throughout the province as the review board travels to other areas of the province to hear the submissions. Luckily we have members all over the province so we should be able to have a presence at all of them. We are still working very hard with CUPE, Local 21 regarding WCB matters for their workers. Since they are on strike, it will be some time before we can meet with them again. We are also trying to get other unions in Saskatchewan such as the SGEU, and Steelworkers to support the Western Injured Workers Society. Our CIWA Rep, Robert Lindsay has been busy working with the aboriginal people trying to drum up some support for WIWS. He has also had a meeting with the Indian Federations in Lloyd Minster, regarding Aboriginals not receiving any training on the job and OH&S and to find out if they know their rights in the workplace for the CIWA survey. The Western Injured Workers Society would really like to see CIWA become more involved with the provincial groups. We need more and more support from our peers when we are out trying to complete our missions. When we tell other provincial groups that we are affiliated with CIWA, they are not even sure who we are talking about. We think it is now time for CIWA to become more and more visible out in the provinces, as we need all the support we can get. We are quite sure the other provinces feel the same way. We seem to have a National Organization but we seem to have a problem working together. Are we not supposed to be representing all injured worker / groups in Canada? It seems that the WCB in this province have gotten worse in regards to treating injured workers fairly. We are seeing a tremendous back log in the appeals. Also they are still forcing injured workers to take educational courses that are of no value to the Page 8 individual. If the individual refuses then their benefits are terminated. We also have a serious problem with WCB overdeducting “probable deductions” from claimant’s benefits. WCB are supposed to follow the Revenue Canada Guide Lines for deduction calculations, but It seems they are not, leaving the injured worker with much lower benefits. This is totally unfair to the injured worker and their families. We wondered why after we had brought this issue to their attention, why they are doing nothing about it. This, to us is totally wrong and illegal, but as usual the injured worker has no way or means to fight back. It seems that when an injured worker questions them on any issue they seem to just ignore it,. Also, if the injured worker tries to pursue it further to try and get some answers, then the WCB will bar you from entering their building and will not take any further calls from that individual. We wonder, with these kind of tactics used by the WCB how in the world would anyone be able to argue his or her case. We have brought many of these complaints forward to our Labour Minister responsible for the WCB. She and her office just don't seem to want to deal with it. They won't even return the individuals phone calls. We have informed the Premier’s office and all we get is a complete run around. We need CIWA and all injured workers across the country to organize and to start getting tough with these guys. If we do not, then WCB and Our Governments will continue to do what ever they please to injured workers, and their families. The Western Injured Workers Society Of Saskatchewan, are asking CIWA and all injured worker groups across the country to rally and organize together so we can start getting tough with these people who are treating injured workers and their families in such an unfair and unjust way. If we do not do something about this by everyone working together, then we will continue to see the WCB, and the Government getting worse in regards to how the injured workers across this country are being treated. Yours Truly, Board Of Directors / WIWS �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Alberta Chronic Pain The Alberta WCB still does not have a chronic pain policy that conforms to the Supreme Courts decision in Martin v. Nova Scotia Workers Compensation Board which is a violation of Section 15.1 of the Charter. The Alberta WCB has a chronic pain policy but it does not conform to the reasons given by the Supreme Court in their determination of discrimination. Either the WCB in Alberta do not understand the reasons for the judgment, or they are trying to find a suitable time to make policy changes when no one is paying attention. In Alberta all disabled workers are given PCI ratings when a doctor has determined that the medical condition will not get any better and will predictably get no worse. At that time a PCI rating is mandatory. Chronic pain has to be given equal consideration in impairment ratings as are objective physical impairments. Just as in all cases of objective physical impairments, all disabled workers have to reach a medical plateau at some time and must be given an appropriate PCI rating. The Alberta WCB does not recognize mild, moderate, moderately severe chronic pain, they recognize only severe chronic pain which is a violation of the Section 15.1 of the Charter. Mild objective physical impairments are recognized by WCB and given small PCI ratings reflecting the severity of the impairment with increased increments of impairment for more severe impairments. To not provide PCI ratings for mild, moderate, moderately severe chronic pain is a violation of Section 15.1 of the Charter. WCB cannot use honest belief as an excuse if a class action civil suit was filed by injured workers who have been diagnosed with any stages of chronic pain. I do not understand why a class action lawsuit has not been filed when the chances of winning are already based on a legal precedence. Gerry Miller Allegations of fraud A former Alberta WCB Case Manager made some very serious allegations of fraud against the WCB in an article from the Edmonton Journal – Sept. 11/99 Pressure on at WCB, ex-staffer says Case managers encouraged to deny claims, cut payouts to injured workers. Case managers at the provincial Worker’s Compensation Board are pressured by their supervisors to deny claims or reduce payouts to injured workers as a cost-saving measure, claims a former WCB employee. The WCB looks for ways to save money by minimizing the income-support payment s injured workers receive, and by reducing their permanent disability awards, says former case manager Kevin Becker. “It’s done in a very convert ways,” said Becker, who worked for the WCB from 1991 to 1997. “You (the case manager) put in an earning loss claim for a worker, and your manager will come back and say “No, we can save money if we say the employee is capable of doing some work, when we know he’s not.” isn’t eligible for disability payments. It’s that kind of thing.” He said the WCB’s prime strategy seems to be a war of attrition – “keep denying and the worker will give up.” Becker, who has a consulting firm and also is an advocate for injured workers having trouble getting WCB payments, said the practices appear to be the same today as they were when he left two years ago. “The focus is on liability – how much liability are case managers able to clear away to protect the WCB fund,” he said. But a WCB official denied Becker’s claims, saying the board’s primary focus is on customer satisfaction, both for employers and for injured workers. “Or you are told to tell the injured worker he had a pre-existing condition, like arthritis in his back and he Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Becker’s comments come as Human Resources Minister Clint Dunford is deciding whether to investigate a number of complaints against the WCB by injured workers. Becker didn’t blame individual case managers or supervisors. Instead, he blamed a corporate culture which he says pays more attention to the bottom line than to injured workers. “They have lost sight of what they’re supposed to be, which is protection for the worker,” he said. satisfaction,” she said. “The motivation is to ensure that workers are satisfied. We wouldn’t try to do that by reducing benefits.” Employees who save the WCB the most money tend to get promoted while those who are deemed to be too generous to injured workers are often forced out of their jobs, he added. “The system generates a lot of statistics on which case managers are costing the most,” he said. “Those who are, tend to get ridden a lot harder by supervisors. There’s a lot of constructive dismissal.” But Becker said he noticed a shift in attitude in 1993 and 1994, as the WCB attacked its mounting deficit. But a WCB official disputed his allegations. “At no time has there been any motive for case managers to deny benefits,” said Nancy Saul-Demers, director of corporate communications for the WCB. She said staff members are paid bonuses based on worker and employer satisfaction, not on the amount of money the WCB saves. “Any bonuses they receive are tied to corporate objective that revolve around customer WCB payouts for income support, medical costs and rehabilitation have been increasing yearly, which She cited as proof the WCB isn’t slashing benefits to save money. The average cost per claim has r8isen to $9,200 this year from $8,500 in 1997. “They started digging up old claims,” he said. “We were told to take a look at old earning losses and to see if we could reduce it. We were phoning up workers who had received entitlements for years, and saying we’ve just reviewed it, and decided that you’re capable of earning more, and next week your cheque will be less.” He left in 1997 to do human resources consulting work for the David Thompson Health Authority. He also turned his WCB experience into a career in workers’ advocacy. :”It’s my impression the WCB has become much worse since I left,” he said. Ontario Accessibility for Ontarians with Disabilities Act, 2005 On June 13, 2005, The Accessibility for Ontarians with Disabilities Act, 2005, received royal assent and is now the law. The Ontario government is recruiting for the chair, vice-chair and members of the new Accessibility Standards Advisory Council created under the act. Membership of the council will be drawn from the broader public and private sectors, with a majority of council members being people with disabilities. Standards will be set in stages of five years or less and address the full range of disabilities. New standards could include: - Accessible pedestrian routes and entrances into buildings; - Lower counter heights at cash registers to accommodate wheelchairs Large print menus in restaurants for the visually-impaired Staff training in serving customers with learning disabilities. Full implementation of the act to make Ontario accessible, requires fundamental changes, and the target is to be completed in 20 years, achieving results in stages, with milestones every five years or less. Every Ontarian should have the opportunity to work, learn, play and otherwise participate in society to their full potential without facing barriers. WSIB Rates going up? The Standard recently reported that employer premiums paid to the Workplace Safety and Insurance Board (WSIB) will rise by three per cent next year "much to the disappointment of the province's business community." Ontario employers really do not have much to be disappointed about. Provincial Page 10 government policies have in fact resulted in a reduction of their WSIB premiums by twenty seven per cent over the last ten years and the payout of $1.8 billion in employer rebates. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Those who have real reason to be disappointed are Ontario's injured workers. Their benefits were cut and made harder to obtain. The purchasing power of their benefits has also sharply dropped because cost of living adjustments to their benefits to compensate for inflation have been almost non-existent. In 1998 the Harris government gouged the formula for calculating cost of living adjustments for benefits. Injured workers also have particular reason to be disappointed with the current Ontario Liberal government. After being elected it repeatedly promised to change Ontario's workers compensation system so that it delivered justice for injured workers. But this government has delivered next to nothing in the way of significant changes to the system. The then Minister of Labour who made these broken promises has moved on to bigger and better things in the Liberal cabinet. A lot has been said about how many promises Dalton McGuinty's Liberal government has broken. The failure of it to deliver justice to injured workers should be widely seen as the most callous and disappointing of all its broken promises to date. Bob Chapman 42 Hamilton Blvd. Port Robinson, Ontario Ph: (905) 384-9429 Nova Scotia Injured Workers Suing WCB, Province Board denies groups’ claims, hopes to have case dismissed By Beverley Ware / South Shore Bureau Submitted by Peggy Hancock, Nova Scotia Injured Workers BRIDGEWATER – The South Shore Injured Workers’ Association is suing the provincial government and the Workers’ Compensation Board. The group, in a lawsuit launched in November, claims injured workers have suffered because of actions by government and the board, and is seeking a forensic audit of the board. forwarded to the provincial Labour Department through liaison Barbara Jones – Gordon. The statement also says “the injured Workers’ (members) have been caused serious injury to their personal and professional goodwill and (have) suffered considerable distress.” The board is calling the action “false” and “scandalous”, and has applied to get the lawsuit thrown out of court. The Nova Scotia Workers’ Compensation System was the subject of a year-long review that culminated in the Dorsey report in April 2002. That report, written by Jim Dorsey, listed 28 areas of the health and safety and worker’s compensation program that needed improvement. Former Bridgewater businessman, Harold Selig filed the court action on the association’s behalf as no lawyer would take his case. If it is thrown out in Nova Scotia, he intends to appeal to the Supreme Court of Canada. In their statement of claim, the association and Mr. Selig allege the province, labour department, the compensation board, former Chairman Innis Christie, former CEO David Stuewe and Attorney General Mr. Michael Baker have “wittingly or unwittingly caused improprieties regarding benefit payments to (the) Injured Workers’ (Association)” by hiring lawyers to represent both the board and the injured workers. The notice of legal action also alleges the defendants “Failed to comply with reasonable benefit payments made for injuries sustained by injured workers and their families” and that these complaints were In his final report, Mr. Dorsey wrote: “Before the 1990’s, for whatever reason – incompetence, mismanagement, bungling, deceit, apathy, expediency or indifference – there was a breach of the faith workers and employers placed in government and the members of the Workers’ Compensation Board.” Mr. Dorsey also said the past “breaches of faith … have left scars and a pervading distrust” and that some people are not willing to close the book and move on. According to Louis Comeau, Compensation Board Chairman, the Board is taking the Dorsey report seriously and proceeding with changes. The price tag for these changes is at over $240 million, and is not doable in the short term. Page 11 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Northwest Territories An email from John Huffman, Injured Worker To all injured workers who have or have had claims against the WCB, please contact me, as we have managed to get the Auditor General of Canada to do an audit into the complaints against the WCB in the NWT. If you have any information, this could make a difference in your life and maybe you will finally receive fair treatment. British Columbia The Canadian RSD Network Society in Surrey, BC has been working hard on the BC Proclamation for RSD/CRPS Awareness campaign. This July, thousands of British Columbians with Reflex Sympathetic Dystrophy finally have their disease recognized. July has been officially proclaimed RSD/CRPS Awareness month in BC. Reflex sympathetic dystrophy (RSD), is also known as Complex Regional Pain Syndrome ((CRPS). It is a chronic, painful, progressive neurological condition that affects skin, muscles, joints, blood vessels and bones. RSD is also seen as a complication following such diseases as heart attacks, stroke, cancer, diabetes, M.S., or spinal cord disorders. In many cases RSD began from a minor injury. Approximately 10 – 20% of cases there is no precipitating event identified. While millions across North America have this disorder, approximately as few as 2 – 8% of medical doctors are aware of, or recognize this life altering disorder. Two types of RSD/CRPS have been defined: CRPS Type 1: without nerve injury CPRS Type 2: with nerve injury (formerly called causalgia) Page 12 John Huffman Ph: 867-669-0963 Email: j.huffman@theedge.ca Or: Bill Braden, MLA Ph: 867-669-2276 / 867-69-2275 Both types share exactly the same signs and symptoms, with the only difference being the presence of nerve injury. There is NO Cure. There is No Control for this disease. Remission can occur for years, but reappear with a new injury. Awareness and education on RSD/CRPS is the group’s main goal. The Canadian RSD Network was founded 10 years ago with a mission to educate, support, raise awareness, aid in early diagnosis and help find a cure for RSD. Run entirely by volunteer RSD patients and their families, they offer an On-Line Support Group, referrals and information website at: www.canadianrsd.com The Canadian RSD Network Society can also be reached at: P.O. Box 367, Surrey Main Post Office Surrey, BC V3T 5B6 Email: info@canadianrsd.com To view the BC Proclamation for RSD/CRPS Awareness Month, visit the website: http://www.qp.gov.bc.ca/statreg/oic/2005/procs/RSDS _CRPS.htm �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Miscellaneous Voluntary Risks …………………. Keeping Volunteers Safe Condensed from “The Safety Mosaic”, The Official Publication of the Ontario Service Safety Alliance, Fall 2005 Edition. Volunteer organizations and the volunteers that support their causes are risk takers, no matter what kind of work they do. It is both for the well-being of the organization, and for the safety of volunteers, that these risks must be identified, assumed, and managed. HEALTH and SAFETY RISKS Within any organization, the scope of work carried out by volunteers can be quite varied and range from sitting at a desk answering the phone, or working on a computer to moving furniture – either around the office, or to new office spaces. Since the work of a volunteer at the Ontario Federation of Snowmobile Clubs can range from operating heavy equipment, chainsaws, patrolling trails on snowmobiles, to computer work, community outreach or hosting meetings, they have set up a “Volunteers in Action” committee. This committee has developed many OFSC programs for volunteers, funded training days and encouraged each club to appoint a volunteer coordinator, providing incentives on how to award and support their volunteers. Habitat for Humanity is also very diverse and goes way beyond actual house building. This organization has developed a National Safety, Health and Environment (SHE) program to promote and implement a comprehensive health and safety emphasis in all of its activities. All affiliates have been encouraged to consult with local occupational health and safety authorities to ensure compliance with local legislation. All affiliates are encouraged to appoint a dedicated SHE coordinator to manage all occupational health and safety responsibilities. Whatever the volunteer position may be, organizations should have health and safety policies and procedures in place that are written down and implemented, says Karen Lambert of Volunteer Canada. Organizations should consider the risks involved in all their volunteer positions, as well as the paid positions, she says. The risk assessment should consider all potential risks including:         Accidents Serious injury Loss or damage to property Breach of confidentiality Misrepresentation or speaking inappropriately of the organization Theft, misappropriation of funds, fraud Abuse (physical, emotional, sexual or financial) Loss of agency reputation, organizational credibility, public trust. Liability insurance coverage for their volunteers should be considered, just as they would for their paid employees, adds Lambert. Volunteer Canada encourages volunteers to be as informed as possible before undertaking any position. “As more information is available and broadly disseminated, volunteers have become more aware of their rights and responsibilities regarding the choices they make in volunteering assignments,” says Lambert. “Individuals have become more aware, and to some degree more knowledgeable, of the potential hazards and risks involved.” Page 13 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Letters from Injured Workers GOVERNMENT AND JUSTICE SYSTEM ARE AFRAID OF WCB IN SASKATCHEWAN Minister Higgins and the Government appointed Board to the WCB must go! deducting probable deductions from any one deemed capable of earning. The government appointed Board to the WCB in Saskatchewan, seem to be in a category of their own. They are obviously feared by the government and the justice systems in the province of Saskatchewan. When you mention the initials “WCB” our justice system runs and hides. They seem to want no confrontation with the most legislated, protected company in Saskatchewan. I suggest to anyone reading this to request from their CSR a copy or statement of the weekly probable deductions being charged to them. I believe you will find that WCB is charging you probable deductions on your benefits, as well as probable deductions on the money they have deemed you capable of earning. I have proof that WCB are doing this, and have had it verified by an agent of Revenue Canada. One example is a complaint made to the RCMP in SK, where WCB had released private and personal information to be used for WCB gain. The person’s name and email address, who gained the personal information was provided to the RCMP, with a statement of suspicions that WCB released and used the information obtained. The RCMP contacted the WCB in regard to the allegations and were told they had no knowledge of the incident in question. There seems to be a loop hole which the government failed to close when they legislated the Act. This loop hole allows the government appointed board to be taken to court, and held accountable for the decisions they make. As soon as the board members have been served, including the retired, Mr. Norm Brown, I will release the loop hole to the public. You, as injured workers will have to move fast, as there is no doubt that Minister Higgins will shut the loop in the fall session. The investigation concluded and nothing further was investigated as to the person who obtained the personal and private information, or where it was obtained. Is this a sign of the power of WCB in Saskatchewan - when an investigation into a criminal act can be stopped so quickly, when it may involve the WCB? Since my benefits have been cut by $800/month which seemed to be a result of questioning a Stakeholder’s meeting about a consistent 38% lost time claim allowance for five consecutive years, I am also investigating deductions that WCB takes from claimants benefits. It seems that they are over- Jim Taphorn Box 253, Quinton, SK S0A 3G0 Fax: 306-835-2679 Email: jmtaphorn@hotmail.com Page 14 I am not an advocate. All the work I do is for the benefit of all injured workers of SK. We must stick together as one large voice, and fight for the coverage, that the premiums paid for on our behalf to protect us and our families in case of a work related injury, not to be held from us by a deceitful insurance company, and a government appointed board, who should be classed as employees of the insurance company, as they are the company paying the board’s wages. If you have any comments or questions regarding the contents of this letter, please feel free to contact me. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance JUSTICE To do what is right, and in a broader sense to do what is right for the greater good, and sometimes that means not doing as expected, such as not following written or common law, and in exceptional circumstances to do things most extraordinary. Things an ordinary individual that has or would have met the criteria for Victoria Cross, Metal of Honour or the Order of Canada, and in the case of a politician – do like Tommy Douglas, who was, and perhaps is the Greatest Canadian that has, or ever will live, Tommy Douglas was the impetus for the things that are valued by and effect all Canadians every day, yet past and current politicians are reluctant to follow his example, and ask themselves “What would Tommy do?” One of the few examples of a politicians that did “What Would Tommy do” was Lester Pearson with the Canadian Bill of Rights and Pier Elliot Trudeau with the Canadian Charter of Rights and Freedoms, and lets not forget Canada Health Act and the Canada Pension Plan to name a few. What about what Workers Compensation is suppose to be? What about Nationalizing Oil and Gas or Export Tax for it? Is it any wonder Tommy Douglas was voted the Greatest Canadian? JFK once said, “don’t ask what your country can do for you, ask what you can do for you’re your country”. Well what about what politicians can do for its citizenry, you know, ordinary folk that’s not a criminal or wealthy, folk that works for a living with less than a six digit income for the household, what can you do? At least export tax to pay back the 5 billion in softwood export tariffs, and after that give every Canadian a Tax exempt pay cheque. Every Canadian Citizen that has been born in Canada and is a citizen, or has immigrated and has been a citizen and lived and currently living in Canada for more than eighteen years should receive one. You see all other large oil producing countries do it. If you immigrate to such countries one would probably not get royalty cheque unless one was born there, or is the son or daughter of one that was born there and currently lives in the country where the Royalties are being paid from. The common trait among all of the aforementioned is that they feel that they did not do anything special, in that anyone would do the same if in a similar situation. Yes maybe, but probably very few, as you look at the actions of most politicians today and yesterday. Remember as written by R.A. McLary of Ottawa “Politics is the art of the possible”. I will tell you what justice is! Justice is the Law, and the Law is man’s feeble attempt to set down the principles of decency! Decency isn’t a deal, it isn’t an angle, contract or a hustle! Decency is what your grandmother taught you. Iit is in your bones! Now be decent people. Without Civil Liberties, Citizens are no longer able to exercise their sovereignty over Government, like the Magna Carta (The Great Charter) had over the sovereign in 1215! The so called government of the day, primarily made of lords and dukes had the power to make laws while the average citizen had none. Now in the twentieth century of so called Christianity, Civil Liberties and a Vote are suppose to give Citizens the right over government, for which I see the next century the Single Transferable Vote (STV) as important as the Maga Carta of 1215, for which the rich, powerful and influential will resist as did King John. Without some form of the STV, (where every vote is counted and actually worth something as a form of proportional representation and thereby giving every citizen a voice to advance their wants and needs), there will only be a decline of so called Western Civilization, and suicide bombers will reign supreme as without a definitive voice the malcontent will resort to - as some already have! A disproportional and unfairly representational government spells disaster! Josh Thurston 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 � 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/Fall 2005 Description An account of the resource Advertising a chronic pain research project. Upcoming CIWA activities. Articles on youth at risk, lost pensions for widows in Newfoundland and Labrador, workers compensation in New Brunswick, WCA review committee seeking public opinion in Manitoba, the WIWS's actions in Saskatchewan, chronic pain in Alberta, allegations of fraud against the WCB in Alberta, the AODA in Ontario, WSIB rates going up in Ontario, injured workers suing WCB in Nova Scotia, injured workers in NWT, the British Colombia proclamation for RSD/CRPS awareness campaign, keeping volunteer's safe. A letter about justice. Letters from injured workers. Obituary for Orlando Buonastella. 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 2005 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/4697c112927f216d9c8a91d43ef74b5c.pdf 32418e8a411d41b92bcc64819f1f6430 PDF Text Text Focus on Benefits We have seen major changes in Workers Compensation benefits over the last ten years. Most of the provinces have "reformed" their WC Acts which has led to reduced benefits for work related injuries and diseases. Most have moved to a projected wage loss plan to compensate for permanent disability. This has led to severe reductions in the number of injured workers receiving long term benefits. For example, in Ontario there has been an 85% decrease since 1990 when projected wage loss came into force. In response to these changes, the CIWA/ACVAMT Steering Committee held an interactive workshop in Alberta focusing on WC Benefits in October of '99. We were joined by local injured workers and labour reps. in our attempt to better understand the impact of these changes. This issue of HIGHLIGHTS captures much of what we found. As well, we have our regular features including info on our projects and activities, letters from injured workers and news from south of the border. Read on. The Steering Committee meets twice each year and plans to hold similar workshops at each of it's meetings on various issues of importance to injured and disabled workers. We welcome your participation when we are in your neighborhood. If interested, give us a call at the CIWA/ACVAMT OFFICE at 807-345-3429 or EMAIL us at ciwa@norlink.net Table of Contents CIWA/ACVAMT contacts Visit our Web-site at http://www.ciwa.ca ................. 2 News & Happenings ......................... 3 Projects & Activities ......................... 4 The History Of WC (Fr/Eng) ........... 5 Principles of WC (Fr/Eng) .......... 6 - 9 Provincial Benefit Comparisons 10 - 11 Violations of WC Principles ............ 12 Improving the System ..................... 13 Letter to the Editor .......................... 14 News from South of the Border ...... 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. 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 Page 2 NF... Ron Jesso, Cornerbrook 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 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance News & Happenings Thanks to the Social Development Partnership Program of HRDC for the funding necessary to produce this newsletter. Workers Compensation The Manitoba government has passed a law making Board of Manitoba certain Manitoba Workers We sure appreciate your help !!! Special Notice Upcoming Events February 2000 International RSI Awareness Day Feb. 29/2000 www.ctdrn.org/rsiday March 5,2000 CIWA/ACVAMT Interactive Workshop on CPP Disability Benefits Holiday Inn, St. John, Newfoundland May 19 - 21, 2000 Compensation Board (WCB) widows & widowers eligible for a one-time cash payment. If you received Manitoba WCB survivor benefits in the past and those benefits ended because you remarried or entered a common-law relationship - you may be entitled to a special $83,000 payment. To Former Manitoba WCB Widows and Widowers For the Special Payment information package and application form, contact the Manitoba WCB by telephone at (204) 954-4321 within WCB Canda toll-free 1-800Workers Compensation 362-3340 or e-mail Board of Manitoba claims@wcb.mb.ca International Injured Workers Conference, Niagara Falls, NY Contact: IwonyMary@aol.com CANADIAN INJURED WORKERS ALLIANCE Scholarships are available for persons with disabilities attending university. L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL Phone us at the CIWA/ACVAMT office for more information at 807-345-3429 Page 3 �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 Look for the "How To" Guide to setting up Peer Support Groups in your community. Coming in early 2000. "COMING TOGETHER" PROJECT There is increasing pressure to reduce the costs of Workers Compensation across Canada. Injured and Disabled Workers are often not included in the planning for reforms and have often faced reduced benefits and services as a result. By having strong provincial groups, injured workers across the country will have a larger role to play in future reforms. A NEW LOOK We are still experimenting and looking for suggestions for new looks for our newsletter. A new name? Any suggestions? ATTENTION: PROVINCIAL INJURED WORKERS GROUPS Is your Provincial Injured Worker Group interested in developing a web site? Need some help? Two injured workers in B.C. have offered to provide that help – free of charge. Contact: Craig McLachlan boardwarden@componet.com Or Dann Buss - busstop@busstop.net Page 4 The vision of Coming Together is to share our experiences regarding the creation of provincial organizations. We will share information regarding our past successes and failures at organizing at the provincial level. We will do this through interviewing 50 injured and disabled workers to collect their experiences in their efforts to form provincial organizations. We will then develop a “how to” guide that includes lessons learned from forming provincial organizations, and an analysis of why some are successful while others are not. We then plan to host meetings in Provinces where no provincial organization exists in order to introduce the "how to guide" and to host discussions about our experiences working with other injured and disabled workers' groups. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance “The History of Workers’ Compensation” There are changes happening to our Workers Compensation Systems in Canada. Historically, Workers Compensation Boards were established in each province to administer the System. Recently, some of the Boards have undergone substantial changes, including their names. New names include:  Workplace Health and Safety Compensation Commission (two provinces)  Workplace Safety and Insurance Board (one province) The word “workers” is missing from both examples; in Ontario, we are also missing the word “compensation.” This is significant as it demonstrates a shift in fundamental principles. This was done without public debate or public consultation. What are the principles of compensation in operation in these new systems?  The employers are the “clients” because they supposedly pay for the system;    The injured worker is the “customer,” but this customer has no power to choose. They can’t say, “no thanks to compensation, I’ll sue instead.” This leaves no individual leverage. This customer is not “always right.” The client (the employer), on the other hand, is to be served: a) to have his/her fund managed well to lower his/her costs; b) to protect him/her from lawsuits. The employer’s interests are to be served at all costs. This results in lowered benefits, reduced services, and getting injured workers off of compensation as fast as possible. There is much talk and worrying about OVERcompensation and dependence: this is a way to legitimize UNDER-compensation. The key feature in this shift in principles is to place primary concern on the financial preoccupations of employers and to ignore the financial reality of injured workers. Is this what the compensation system is supposed to be all about? No! "Historique des organismes d’indemnisation des travailleurs et travailleuses" Il y a des changements qui se produisent dans nos systèmes d’indemnisation des travailleurs et travailleuses au Canada. Historiquement, les organismes d’indemnisation des travailleurs et travailleuses avaient été instaurés dans chacune des provinces pour administrer le système. Récemment, certains organismes ont subi des transformations substantielles, y compris dans leurs appellations. Parmi les nouvelles appellations nous retrouvons :  Workplace Health and Safety Compensation Commission (deux provinces)  Workplace Safety and Insurance Board (Commission de la sécurité et de l'assurance des travailleurs) (une province) Le mot « workers » (travailleurs et travailleuses) est absent dans ces deux appellations. En Ontario, le mot « compensation » (indemnisation) est absent. Ceci est significatif, car cela reflète un changement dans les principes fondamentaux. Ceci a été fait sans débat public ni consultation publique. Quels sont les principes d’indemnisation à l’œuvre ici?  Les employeurs sont les clients parce que, censément, c’est eux qui paient le système.  La victime d’un accident ou d’une maladie du travail est la consommatrice, par contre cette consommatrice n’a pas le pouvoir de choisir. Elle ne peut pas dire : « non merci à l’indemnisation, je vais plutôt poursuivre en justice ». Ceci n’accorde pas de force individuelle. Cette consommatrice n’a pas « toujours raison ».  Cependant, le client (l’employeur) doit être servi : a) recevoir une bonne gestion de son fonds afin de réduire les coûts; b) le protéger contre les poursuites.  Les intérêts de l’employeur doivent être servis à tout prix. Ceci se traduit par des prestations réduites, moins de services et l’annulation des indemnités le plus tôt possible. On parle et on se préoccupe beaucoup de SURindemnisation et de dépendance. Ceci est une façon de légitimer la SOUS-indemnisation. La principale caractéristique de ce changement dans les principes est de se préoccuper prioritairement de la situation financière des employeurs et de ne pas tenir compte de la réalité financière des victimes d’accidents et de maladies du travail. Est-ce que le système d’indemnisation est censé rimer avec cela? Non! Page 5 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance “Principles of Workers Compensation” Let’s review the basic principles the Canadian compensation systems were founded on. Provincially implemented systems came about due to rising discontent (especially in Quebec at first) when workers were being cast into the streets, forced to become dependent on other families and charity. This was found to be unacceptable, but the courts were too slow and out of reach to deal with it. Nova Scotia and Ontario were the first to have systems of compensation implemented in 1915; Newfoundland was the last in 1950. All provincial systems were based primarily on the exhaustive study by Sir William Meredith, carried out from 1910-1913. Meredith traveled the world, held endless meetings, and thought. He came up with a system to protect workers and employers called the Historic Compromise:       Employers: would not get sued (significant), and social stability would be the result; Workers: no fault system, no delays; non-adversarial, no harassment; an impartial, independent public board; Inquiry system: help the worker, give them the benefit of the doubt; Employers to pay (as they are protected from lawsuits): the burden was not to fall on the injured worker, their family, or society in general. Payment was to occur for as long as the disability lasts; Payment was to be based on the concept of lost wages. SUMMARY POINTS FROM THE MEREDITH REPORT  No suing employers (brings about social stability and predictable costs);  No fault: quick, non-adversarial, balance of power;  Public/independent system;  Inquiry system (worker-friendly);  Employers pay into the system;  Works as long as there is a disability;  Workers will receive pay for lost wages. To limit the period during which compensation is to be paid regardless of the duration of the disability . . . is in my opinion, not only inconsistent with the principle upon which a true compensation law is based, but (also) unjust to the injured workman for . . . he will be left without earning power at a time when his need of an income will presumably be greater than (before) he was injured. Meredith, 1915 This is the essence of our reform. We are providing money to injured workers on a fairer basis—the basis of actual need. Workers will be compensated for their reduced ability to earn a living—and that’s what workers’ compensation is supposed to be about. Ontario Liberal government on bringing in “deeming system,” 1990 Page 6 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance « Les principes de l’indemnisation des travailleurs et travailleuses » Examinons les principes de base selon lesquels les systèmes d’indemnisation canadiens ont été établis. Les systèmes provinciaux sont apparus à la suite d’un mécontentement grandissant (notamment au Québec au début) quand les travailleurs et travailleuses étaient jeté-e-s à la rue, forcé-e-s de devenir à la charge d’autres familles et de la charité. Ceci a été perçu comme inacceptable mais les tribunaux étaient trop lents et inaccessibles pour traiter de ce problème. La Nouvelle-Écosse et l’Ontario ont été les premières provinces à instaurer des systèmes d’indemnisation en 1915; Terre-Neuve a été la dernière en 1950. Tous les systèmes provinciaux ont été établis principalement d’après l’étude exhaustive de William Meredith, réalisée entre 1910 et 1913. Meredith a voyagé partout dans le monde, a organisé des rencontres interminables et a réfléchi. Il a conçu un système pour protéger les travailleurs et travailleuses ainsi que les employeurs appelé le « compromis historique » :       Employeurs : ceux-ci ne seraient pas poursuivis en justice (un avantage non négligeable) et il en résulterait la stabilité sociale. Travailleurs et travailleuses : système sans responsabilité = pas de délais; pas de confrontation, pas de harcèlement; un organisme impartial, indépendant et public. Système d’enquête : aider le travailleur ou la travailleuse, lui accorder le bénéfice du doute. Les employeurs paieraient (ils sont à l’abri des poursuites) : le fardeau ne devrait pas incomber à la victime d’un accident ou d’une maladie du travail, ni à sa famille, ni à la société en général. L’indemnisation devrait durer aussi longtemps que l’incapacité. L’indemnisation devrait être établie sur la base du salaire perdu. GRANDES LIGNES DU RAPPORT MEREDITH :  Pas de poursuites judiciaires des employeurs (ceci favorise la stabilité sociale et des coûts prévisibles).  Pas de responsabilité : célérité, pas de confrontation, équilibre des forces.  Système public et indépendant.  Système d’enquête qui soit favorable aux travailleurs et travailleuses.  Les employeurs contribuent au système.  En vigueur aussi longtemps que dure l’incapacité.  Travailleurs et travailleuses indemnisé-e-s pour le salaire perdu. Limiter la période durant laquelle l’indemnisation doit avoir lieu sans égard à la durée de l’incapacité est à mon avis non seulement incohérent avec le principe sur lequel une vraie loi d’indemnisation est fondée, mais (également) injuste pour le travailleur accidenté, parce qu’il sera laissé sans possibilité de revenu à un moment où son besoin (d’un revenu) sera vraisemblablement plus grand qu’avant son accident du travail. Meredith, 1915 Voilà l’essence de notre réforme. Nous donnons de l’argent aux victimes d’accidents et de maladies du travail sur une base plus équitable, sur la base du besoin réel. Les travailleurs et travailleuses sont indemnisé-e-s pour leur capacité réduite de gagner leur vie; c’est ce que l’indemnisation des travailleurs et travailleuses est censée être. Le gouvernement libéral d’Ontario lors de l’introduction du système d’évaluation (deeming system) en 1990. Page 7 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance On that fundamental principle of justice . . . we have an obligation to move heaven and earth to put the injured worker in the position that the injured worker would have been in had it not been for the accident. In these days of social unrest . . . it would be the gravest mistake if questions as to the scope of the proposed legislation was to be determined, not by consideration of what is just to the working man, but of what he can be least put off with or if the legislature were to be deterred from passing a law designed to do full justice, owing to groundless fears that disaster to the industries of the province would follow from the enactment of it. Meredith, Final Report, 1915 Meredith finished his report with the following statements: 1. Justice: do what is right; 2. Do not mix up compensation with employer concerns. Meredith’s principles were all excellent principles. He was the head of the Conservative Party, whose platform usually included a strong employer lobby. However, these were days of social unrest. Workers WON this system, and the system has something to fear if they are sufficiently unhappy. We don’t want to go back to suing. These principles have stayed more or less intact over the decades, until recently. Improvements have been made on their foundation (i.e., 55% went up to 75% of net; rehab; cost of living). These reflect general improvements in society as a whole. If we want to be legal about it, there have been necessary corrections to keep the system more or less in line with what the courts would give. Until recently, any reforms would be couched in similar language. We have an obligation to adhere to these principles. We now have a dramatic change whereby the system that was designed to take injured workers off the streets is throwing them onto the streets again. Today, we want to examine where we are at in regard to the fundamental principles of compensation in each province. “Workers’ compensation is not a charity to be more or less generous depending on whether or not these are economic good times.” Meredith, 1915 Page 8 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Selon ce principe fondamental de justice, nous avons l’obligation de tout faire pour placer la victime d’un accident ou d’une maladie du travail dans la position dans laquelle elle aurait été si ce n’eut été de l’accident ou de la maladie du travail. En cette époque de troubles sociaux, ce serait une erreur des plus grave si les questions touchant la portée de la loi proposée devaient être décidées non par la considération de ce qui est juste pour le travailleur, mais bien par ce qui le déroutera le moins, ou si la législature devait être dissuadée d’adopter une loi visant à donner pleine justice, à cause de craintes non fondées que ce serait désastreux pour les industries de la province en pareil cas. Meredith, rapport final, 1915 Meredith a conclusion rapport par les déclarations suivantes : 1. Justice : faites ce qui est juste; 2. Ne confondez pas indemnisation et préoccupations des employeurs. Les principes de Meredith étaient tous excellents. Il était à la tête du parti conservateur dont le programme comportait habituellement de fortes pressions auprès du patronat. Cependant, c’était une époque de tensions sociales. Les travailleurs et travailleuses ont mérité ce système et le système a quelque chose à craindre si ces personnes sont assez mécontentes. Nous ne voulons pas retourner aux poursuites judiciaires. Ces principes sont demeurés plus ou moins intacts au cours des décennies, soit jusqu’à récemment. On a fait des améliorations grâce à ces principes : on est passé de 55 % à 75 % du salaire brut; la réadaptation; l’indexation au coût de la vie. Ceci reflète les améliorations générales de la société dans son ensemble. Si nous voulons en parler sur le plan juridique, il y a eu des ajustements nécessaires pour garder le système plus ou moins en accord avec ce que les tribunaux accorderaient. Jusqu’à récemment, toute réforme serait formulée en pareils termes. Nous avons l’obligation d’adhérer à ces principes. Nous avons maintenant un changement radical selon lequel le système qui avait été conçu pour sortir les victimes du travail de la rue est en train de les retourner à la rue. Aujourd’hui, nous voulons examiner où nous en sommes quant aux principes fondamentaux d’indemnisation de chaque province. « L’indemnisation des travailleurs et travailleuses n’est pas un système de charité dans lequel on est plus ou moins généreux selon le contexte économique. » Meredith, 1915 Page 9 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance PROVINCIAL WORKERS' COMPENSATION BENEFITS - PRESENT COMPARISONS NF BASE RATE Net benefits - 80% NS PEI NB QC ON MB 75% Net 85% Net 85% Net 95% Net 85% of 90% of Net 85% Net after 30 days CEILING ON INSURED EARNINGS - Not to exceed maximum Annual Earnings up to $31,800 $44,600 $50,500 Approx. $54,000 ARE BENEFITS INDEXED Only for Cost of No Yes -- based full EEL living on NBIAE (estimate (2%) d economic loss) TIME LIMIT ON FULL BENEFITS No-Not until No Regular depends maximu benefits on m usually paid medical medical until able to informati recovery RTW on BENEFITS FOR A PERMANENT INJURY Wage Wage Deemed LTD benefits loss with loss Wage pd. Monthly deeming Loss - regular minus deemed and then only 85% of difference UPON RETURN TO WORK Loss of Top up at Benefits Benefits benefits - 85% of Stop cease unless - partial loss of wage loss earnings benefits stop WHEN JOB LOST Re-injury ? on old claim No benefits WHEN DISABILITY WORSENS Re-injury Hard Reclaim fight for evaluated return to benefits Page 10 SK AB BC 90% of Net 90% Net 75% gross Based on $48,000 gross Based on $45,600 Based on $56,900 Yes Very limited On Pensions only Yes -consumer price index 100% cost of living Stats. Can.- CPI based on 6 months No Yes (medical guides are used) 6 weeks, then average earnings No Varies with medical opinion 1 year based on provisions Lump Sum for Permanent Impairme nt Deemed earnings, NEL for pain and suffering Deeming on PPD Wage loss Pension & Pension, wage loss Benefits stopped or earnings deducted Earnings deducted Wage loss, less deeming No benefits, unless proven accidentrelated No benefits, unless proven accidentrelated No benefits, unless proven accidentrelated Benefits may be adjusted. May be entitled to PPI increase. New claim at CSST, usually refused Deteriorat ion must be significant economic loss supplem ent Deeming : even though WCB cannot deem wages since 1994 Benefits stopped -- ELS Wage loss stopped, functional pension continues Wage Loss Less Deeming Non Benefits No benefits Reassessment Reevaluate Reopening �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NF NS PEI NB CPP /QPP REDUCTION TO WC BENEFITS 75% WC 50% 100% lost CPP reclaimed lost associated to injury, WCB reduced BENEFITS REDUCED BY CPP, Negotia Collateral Prov. ted Benefits pensions, contract company takes pensions priority AFTER AGE 65 Possibilit CPP y of 2 plus 5% years tops up lump sum QC ON MB SK AB BC Combined not to exceed full benefits Yes 100% (dollar for dollar) Yes -- full reduction Yes, 50% of CPP contributi on No-after June 1, 1995 No except : for survivors Any material change of circumsta nce Any income Yes: re-assess ments (RTW, projected pay raise) Lack of cooperation 25% reduction every year Paltry retirement award WCB pension Annuity begins after disabled for two years Reducing WCB pension Injured before 50, for life, after 50, 1/15 reduction / year) No, but policy is becoming tougher & tougher Yes (cost of living, net comp. of 85%, retirement award, etc. No No No-- just not paying Not yet Over Compensa tion Competiti on Competit ion, unfunded workers are lazy & cheaters N/A None Preexisting condition N/A Blue cross, life insurance, savings, RRSP's Benefits packages No perm. comp. after 65, no actual wage loss Pain and suffering, loss of benefits package (i.e., dental, vision) Company Benefits Pensions, beg for homecare Level of benefits, overpayments, CPP, "family income", survivors benefits Level of Benefits, lack of retirement benefits Injured worker cut off due to fake and unsuitable RTW Interpretati on of doctor's reports Supreme Court: injured workers cannot get proper medical care Cut benefits, Lost earnings potential Entire system (Royal Commiss ion Report), Death benefits Vacation pay, bonuses, overtime, sick leave, EI, etc. Benefits cease -- 5% pension pd. To off-set reduced CPP benefits due to injury. HAVE BENEFITS BEEN CUT RECENTLY No No Yes Yes -- 3 day wait period; related expenses; pension lowered to 85% WHAT WERE THE REASONS FOR CUTS WC Harder to Unfunded unfunded get long liability; liability term make more benefits after injury NOT COMPENSATED Home Pension care, and special drug company plan perks loss Benefits cease Pain & suffering, mental stress, chronic pain ISSUES BEING CONTESTED Consulting CPP -Several Doctors, benefits reports, increased protection of privacy benefit plan, pain & suffering Page 11 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Page 12 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Violations of the Principles of Compensation In our workshop, we identified violations of the original principles of Workers' Compensation as laid out by Meredith as follows: 1. BASE AND CEILING: in each province, practices violate the principle of “workers will receive pay for lost wages.” 2. INDEXATION: ideal would be full indexation of cost-of-living upheld. Lowered levels of compensation violate the principle of wage loss replacement. When compensation doesn’t cover workplace pensions or dental plans, it violates the principle of wage loss replacement. Cost of living protection was intended to do the following: ∙ Full wage loss protection; ∙ Compensates the injured worker for as long as the disability lasts; ∙ Requires the employer to pay, rather than transferring the cost to society. Therefore, reduced cost of living protection also violates the principle of wage loss replacement. 3. TIME LIMITS: violates the principles in each province in which compensation systems cut people off before they are recovered. We must examine the role of the medical establishment in this regard. 4. PERMANENT: in those provinces where there is wage loss and deeming, the principles of wage loss replacement and “as long as there is a disability” are violated. 5. RETURNING TO WORK: where workers’ compensation benefits are discontinued because a disabled worker is receiving wages, the principle of “as long as there is a disability” is violated; also wage loss replacement is violated in cases where the injured worker was deemed at a lower paying job. 6. JOB LOSS: where the WCB takes no responsibility, the principle “as long as disability lasts” is violated. It also violates the principle of non-burden to the family and society. 7. WORSENING: in provinces where injured workers must prove significant “worsening” or deterioration, the principles of “as long as there is a disability” and non-burden to the family and society are violated. 8. CPP: in each province except for Alberta and British Columbia (with the exception of survivors benefits), the principle of “the employer pays” is violated. The employers end up, in effect, being subsidized. 9. REDUCTIONS: in provinces where benefits are reduced due to the injured worker receiving other forms of income (such as provincial pensions, company pensions, vacation pay, bonuses, overtime, sick leave, EI, or any change in one’s material circumstances), the principle of wage loss replacement is violated. These pensions, etc. may be/have been part of the worker’s salary and benefit package, lending to their overall quality of life. 10. BENEFITS END AT AGE 65: reductions violate the principle “as long as there is a disability.” Also violates the principle of “employers pay into the system” (employers are effectively transferring their responsibilities). 11. CUTS: unfunded liability violates the principle of “employers pay.” It gives the message that economic considerations (in the life of an injured worker) are not relevant. 12. EXCUSES: operating on the premise that workers are fundamentally lazy and need to be pushed back to work/off compensation violates the principles of “to be paid as long as the disability lasts” and “not to be adversarial.” 13. NOT COMPENSATED: failing to compensate injured workers for “non-wage” benefits lost after injury (i.e., company pension, drug and dental family plans, life insurance, RRSP contributions), as well as general pain and suffering, violates the principles of “as long as there is disability,” “employers pay,” and “non-burden to the family and society.” 14. OTHER: in cases where survivors or death benefits are lacking, the principle of employers paying into the system is violated. The worker’s lost wages are also not compensated to the surviving family members: a portion could be beneficial in at least covering burial costs, etc. Page 13 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Improving the System: How to improve our benefits Participants responded to the following four questions from their respective regions: 1. What successes have we had, in the past, in improving benefits? What was done to achieve success? 2. What plans are presently in place to address these issues in your province? 3. What do we want to change in our benefit structure? What are our goals? 4. How can we achieve our goals? Eastern Canada: 1. Successes: the lobbying of injured workers and labour has resulted in chronic pain being recognized as injury. Workers Compensation denial of benefits have opened the door to suing employers. This is with the assistance of injured workers, as well as politicians and legal advocates. 2. Plans: lobby for legislation changes and benefits increases; upcoming court case (CPP). 3. Goals: want to work toward fair compensation for loss of earnings, getting rid of the ceiling on earnings, and not offsetting CPP. 4. How? Organize injured workers groups and work with CIWA/ACVAMT, have closer relations with labour, educate the general public, get support from public service organizations and churches. Central Canada: 1. Successes: a) Supplemental Benefits: a joint public campaign that enhanced benefits to more than 10,000 injured workers to a tune of $50,000,000 annually; b) $200 monthly increase in pension benefits for unemployed injured workers who were injured prior to Page 14 1990; c) full cost of living in 1985 was initiated by injured workers demonstrating at the opening of the legislature session; d) CPP benefits not deducted from WCB benefits in Alberta. 2. Plans: call for independent inquiry of the Alberta WCB; continue with the current campaign to save chronic pain compensation; organize a campaign to prevent abuse (of injured workers) within the returning to work process (i.e., demeaning work); integrate CPP and compensation benefits; continue with the favourable changes that have occurred in Manitoba’s Workers’ Compensation Act. 3. Goals: want to work toward Just Compensation; use the Meredith Principles; obtain job security or full compensation for injured workers. 4. How? Organize public forums and demonstrations, work to increase awareness, form working coalitions (i.e., with labour, injured workers groups, advocates, present government or members of the opposition), create a crisis, conduct long-term planning, and continue sharing information. Western Canada: Using the BC Royal Commission as an example: 1. Successes: none; in fact, after two years the result has been possible loss of the benefits we already have. 2. Plans: canvassing government and the WCB Board of Directors. 3. Goals: to apply the procedures, policies, and legislation that has been published. 4. How? Demonstrate to the WCB and government that they have already recognized the deficiencies within the system. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Letters to the Editor (from our Web Site) Dear Editor! Dear Editor: My name is Djuro Maljkovic and I am an injured worker for a long, long time. I was injured in 1975 working in the Lincoln Electric Co. in Toronto. In spite of my back injury that never got better, I worked for Hamburg Dental Lab., until 1987 when I re-injured my lower back and injured my upper back. I went back on full benefits from (then WCB) now WSIB. I was tortured by WCB endless times. I even had a nervous breakdown. My marriage fell apart, and I was on the verge of killing my self. I'm an injured worker and have tried every possible way to get my benefits from the Workers' Compensation Board of Alberta. It has been impossible. I want to let you know a little about my injury. I moved to the Province of Quebec, thinking that all of my problems will stay behind, but it wasn't like that. Problem with WSIB followed me and got even more complicated! Because I have had two claim numbers, my file ended up in the Complex Case Unit in Toronto, and a decision was rendered in my favour in 1992. Some time in 1996, I was contacted by a Claims Adjudicator in Ottawa. He told me that I was overpaid, and that I must pay back $7,000 dollars. I contacted Roy Careless in Hamilton, Ont. to represent me and he took $300 dollars from me and did nothing. So, I hired a lawyer - Mrs. Foy in Kingston, Ont. from "Neligan Power" based in Ottawa. She gave me the run-a-round on $100 an hour, raised to $200 an hour without any decision or appeal. Then, I hired Bill Johnston from Ciw. Consultants (Canadian Injured Workers' Consultants) based on 1000 Huron St., London, Ont. He took $400 dollars, a so-called "RETAINER" and I never heard from him again. I started working in a "sandblasting and painting" company in November, 1980. In 1985, the Alberta Health and Safety Department sent a team of three specialists to my workplace. After a week working there, they left and we (the workers) never heard about the results of the inspection. The Health and Safety Department told the Company's Management that the sand used in the process contained a high grade of Silicon Oxide. I quit my Job in 1988, three years after the inspection was carried out. I did not know I was taking with me an "acute silicosis". I looked for another job and worked one more year in Ontario. Then I felt very ill, my health was ruined. I quit my job there and returned to Alberta. I remained working for another year until August 1991, when I had to quit my job for good. The Workers' Compensation Board made their calculation and gave me an "Award" of $322.28 per month. Then, they told me to go back to a job where I would have no contact with airborne, or any thing that would aggravate my health. I think that I hit the wall. I don't know what to do? I asked (before of any previous actions I had taken) for assistance from the Workers' Advisor and I was refused. Please, can you help me? I can't go through misery again! I would rather end up dead! My problem was not only respiratory. My physical impairment, restricted my ability to do my job. Any physical activity creates a major problem for me. Seeing that there was no solution, I wrote to the International Labour Office (ILO). The answer was "The Canadian Government has ratified none of the ILO conventions", up to date. They supplied me with the related Convention's copies. I followed up by writing letters without any result. Yours truly! Djuro (George) Maljkovic I don't know if my story and opinion is of your interest. I let you have them anyway. Luis A. Bachmann Edmonton, Alberta Page 15 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NEWS FROM SOUTH OF THE BOARDER (REPRINTED WITH PERMISSION FROM THE NATIONAL WORKPLACE INJURY LITIGATOR, A NEWSLETTER FROM DENVER, COLORADO) Insurance CEO Compensation Skyrockets The average 1997 CEO salary in a publicly held insurance company was $1,399,459, according to a recent study by the Firemark Group and SNL Securities. So what?, you might say, jaded by endless "dot com" stories of absurd bonanzas. But available salary documents don't tell the whole story of executive compensation. Bonuses and stock options now comprise a huge portion of the standard package. And some CEOs may draw multiple salaries from separately incorporated companies within insurer "groups" or "families". The reported compensation figures - i.e. everything but unexercised stock options - for the top ten most highly compensated insurance CEOs for 1997 ranged from $19,573,910 to $4,919,337, for an average of $7,826,656. The average percent increase from 1996 to 1997 for this "top ten" was over 200%! The largest, typically unreported, component of insurance CEO compensation, however, is unexercised stock option. When the above figures were "option adjusted" to include this value, they ranged from $175,046,554 (Sanford Weill of Travelers) to $10,215,700 - a truly amazing average of $35,820,089! The "Crystal Report", a periodical which tracks executive compensation, recently produced an interesting statistic along similar lines regarding HMO CEO compensation. It found that, adjusting for size and profitability of a company, CEOs for HMOs and healthcare companies make 66% more than the average CEO of any company of similar size. This is occurring notwithstanding the relatively poor performance lately by HMOs and the healthcare industry. Lower Premiums Mean Higher Profits, Not Higher Benefits According to the Missouri Department of Insurance, that state continues to be on the forefront of lower premium costs to employers and higher profits to insurers. For every premium dollar collected in 1998, only 58.7¢ was paid or reserved on workers' compensation benefits. This Loss Ratio is expected to allow insurers to earn a profit ratio of 26¢ per premium dollar collected, after the operating expenses are deducted, for the second year in a row. "Relief from workers comp costs continues unabated for Missouri's business community and workers," said Keith Wenzel, the state's insurance director. Ironically, however, benefits to injured workers or their families haven't appreciable increased since 1980, other than for the annual adjustment to the maximum benefits available to the highest wage earners. Of note and significance to other states faced with reform is what occurred in Missouri following Page 16 significant reforms in 1993. Through deregulation, elimination of the monopoly upon rate making, and open market competition between insurers, employers have received lower costs for workers' compensation and benefits have not been emasculated for injured workers. Missouri's five year experience could be a model for those states facing future reform efforts, as substantial regression of workers' benefits has thus far been avoided. It is thus possible for meaningful financial savings to be secured by employers, and not from cutting benefits to injured workers, but by focusing reform on insurers and their ability to compete. By opening up the market and by creating a competitive insurance company for which the state "guaranteed" the reserves, over 164 insurers have filed rate reduction requests through June, 1999 alone. Editor's Note: We wonder if increased competition means it's harder for an injured worker to get benefits? �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. Printed by CUPE 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 A name given to the resource CIWA Highlights Newsletter Winter 1999 Description An account of the resource Articles about the "Coming Together" Project; the history of Workers' Compensation; the principles of Workers Compensation; comparisons of Provincial Workers' Compensation Benefits; violations on the principles of compensation; CEO compensation; lower premiums mean higher profits; Letters to the Editor- WSIB, Health and Safety. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 1999 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English, French Type The nature or genre of the resource Text Subject The topic of the resource Labour and Labour Unions https://digitalcollections.lakeheadu.ca/files/original/2f4a52e198aca5a657b3a812475fa096.pdf 9632a7caed36d306aa2b4c6de9cec948 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Duty To Accommodate Re: Human Rights Tribunals Unions And Employers We are starting to see a very serious trend regarding lack of employer concern for employees, and fair treatment in regard to Duties to Accommodate. Over the past decade we have seen many employers not looking after their employees by not accommodating them back into the work force. Society has always placed the responsibility of Duty to Accommodate, solely on the employer. I believe that Unions need to be held dually responsible, and ensure that their members are properly represented. An example of how responsibilities should be placed on unions as well as employers, is witnessed in the DECISION OF THE HUMAN RIGHTS TRIBUNAL, October 10, 2003 according to Section 28 (2) of the Saskatchewan Human Rights Code (―Code‖) and the Duty to Accommodate in the workplace, in the case of Gary Wayne Kivela vs. the Canadian Union of Public Employees (CUPE) Local 21 and the City of Regina, in the. Both parties were held responsible, the employer, for not accommodating; and the union for non-representation. The award for damages to the employee by the Tribunal’s Decision will cost the employer and the union a tremendous amount of money now in the future. Some unions even tell their members that they are not obligated to represent employees regarding WCB CLAIMS. This issue must surely also come also under non-representation. Employers and unions must realize from the outcome of this Human Rights Tribunal that they are both responsible for ensuring that the injured worker or anyone with a disability must be represented and accommodated in returning the individual back into the work force. We understand that there are already three more possible human rights cases in the process, in the Province of Saskatchewan alone. Empowered with the confidence that proper union representation is available for members, a much stronger, productive, and united force in the workplace would exist. Robert Lindsay Table of Contents CIWA/ACVAMT contacts ....................................... 2 Special Appreciation.............................................. 3 Healthy Workplaces .............................................. 4 Study on Charitable Fundraisers ............................ 5 Short Stats ........................................................... 6 Eye Exercises ........................................................ 6 Bridging the GAP ................................................... 7 C.I.W.A./ACVAMT Activities ............................... 8 - 9 Miscellaneous .......................................................10 WorkSafe .............................................................11 CIWA/ACVAMT Info ............................................. 12 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: $ __________ __________ 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 REPS TO THE STEERING COMMITTEE VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… BC ... Lee Harrison, Surrey, BC President Secretary Treasurer AB… Gerry Gray, Red Deer SK ... Robert Lindsay, Regina Western Injured Workers Society (Sask.) Phil Brake Rob Lindsay Vincent Boyce ADVISORS… Andy King, U.S.W.A. Orlando Buonastella & Marion Endicott, Injured Workers Consultants MB… Vincent Boyce, Winnipeg LAB Phil Brake, Labrador City NS... Dave MacKenzie, Pictou County PEI ... Leonard J. Crawford, Summerside STAFF… Monika Wiitala, Bookkeeper, Desktop Publisher, Database Manager, General Office Person 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 email: ciwa@vianet.ca Toll Free 1-877-787-7010 Web-site: www.ciwa.ca �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Special Appreciation Donation of Air-Miles From: Mr. Tom White We would like to express our sincere appreciation and thanks to Mr. Tom White in Labrador – Newfoundland, for his generous donation of air miles to our organization. This donation enabled five of our Steering Committee members as well as one staff person to meet in Vancouver, BC. Each year our Steering Committee meets in different cities across Canada and invites local injured worker groups to attend workshops specially designed to answer any questions which they may have regarding our organization or organizing their own group. CIWA is a national organization that exists to strengthen and support the work of local, provincial and territorial injured workers’ groups across Canada. We believe that we can best assist in these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and labour organizations. Recently with the help of injured workers and youth, we developed a project called the Youth Project. The Youth Project was created to increase awareness of occupational health and safety and to reduce the incidence of workplace injury and disease among young workers. In addition, the project aimed to increase the involvement of young people in community-based injured workers’ organizations. Once again, a big thank you to Mr. Tom White for his very generous donation. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Are Healthy Workplaces more productive? De milieux de travail sains sont-ils plus productifs? Friday, June 6, 2003 – Are healthy workplaces more productive? It would certainly be hard to argue the converse. Le Vendredi, 6 juin 2003 – Des milieux de travail sains sont-ils productifs ? Il serait certes difficile de soutenir le contraire. Intuitively, there have to be benefits from ensuring a healthy workforce and a healthy workplace. But, as with all population health matters, it isn’t so easy to quantify the impact on output of a dollar spent on improving working conditions. Nor is it easy to determine how much of the benefit accrues to the employer, to the individual, and to society as a whole. And that, of course, raises the question of who should be responsible for ensuring a healthy workplace. Intuitivement, s’assurer que la main-d’œuvre est en santé et que les milieux de travail sont sains doit sûrement présenter des avantages. Mais, comme c’est le cas de toutes les questions relatives à la santé de la population, il n’est pas facile de chiffrer l’impact sur la production d’un dollar dépensé pour améliorer les conditions de travail. Il n’est pas facile non plus de déterminer la proportion de l’avantage qui est dévolue à l’employeur, à l’employé et à la société dans son ensemble. Pour cette raison, on peut se demander à qui devrait revenir la responsabilité d’assurer un milieu de travail sain. Email News received from: ―e-network‖ <e-network@lists.cprn.org> In a recent report prepared for Health Canada, Work Network Research Associate, Graham Lowe, explores the relationship between workplace health and productivity. He tackles two questions from an interdisciplinary perspective:  What work environment and organizational factors improve workers’ health and wellbeing?  Are organizations that promote good health for their employees more productive? Lowe’s message for employers: workplace wellness programs can yield cost savings and productivity payoffs. But he also points to the public policy interest in workplace health. Healthy work environments contribute to the well-being of workers and to economic performance. They also reduce the overall costs of both public and private health care. Lowe concludes that governments must treat health, employment and economic issues as related policy spheres. For plenty of other interesting related material (all downloadable), and a weblog on high quality work that is updated daily, visit the Web site of The Graham Lowe Group at: www.grahamlowe.ca Page 4 Email News received from: ―e-network‖ <e-network@lists.cprn.org> Dans un rapport récent préparé pour Santé Canada, Graham Lowe, associé de recherche au Réseau de la maind’œuvre, analyse les liens qui existent entre un milieu de travail sain et la productivité. Il aborde deux questions dans une perspective interdisciplinaire :  Quels sont les aspects du milieu de travail et les facteurs organisationnels qui contribuent à améliorer la santé et le bien-être des travailleurs ?  Les organisations qui font la promotion de la bonne santé de leurs employés sont-elles plus productives ? Le message de Lowe pour les employeurs : les programmes de mieux-être en milieu de travail peuvent entraîner des réductions de coûts et des gains de productivité. Mais il souligne aussi l’intérêt que la santé en milieu de travail soulève pour les politiques publiques. Des milieux de travail sains contribuent au bien-être des travailleurs et à la performance économique. Ils permettent aussi de réduire les coûts d’ensemble des régimes publics et privés de soins de santé. Lowe conclut que les gouvernements doivent considérer la santé, l’emploi et les questions économiques comme des domaines de politiques connexes. Pour de nombreux autres travaux d’intérêts connexes (tous téléchargeables) et un relevé de travaux de haute qualité qui est mis à jour quotidiennement, visitez le site Web « The Graham Lowe Group » à l’adresse : www.grahamlowe.ca �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail The following is a condensed news release concerning highlights of a study released March 24, 2003 by the Canadian Policy Research Networks (CPRN) and the Association of Fundraising Professions (AFP). The study is the first to assess the working conditions, standards and professional concerns of fundraisers across Canada. A Power Point presentation of the highlights is available on the CPRN and AFP Web sites at www.afpnet.org. Study on Canadian Charitable Fundraisers – A First March 24, 2003 – Toronto, ON – Professional fundraisers are the key to the future success of Canada’s non-profit sector. Canadians have come to rely on non-profit organizations to deliver an increasing range of essential goods and services. At the same time, public sector cutbacks have left the non-profit sector facing increasing demand with diminished resources. This leaves nonprofit organizations more dependent on fundraising than ever before. Despite this, we know very little about the professionals charged with generating non-profit resources. A new study by the Association of Fundraising Professionals (AFP) and the Canadian Policy Research Networks (CPRN) addresses that knowledge gap. AFP hopes to use the data collected in the study to promote the critical importance of the non-profit sector in Canada. The survey was conducted through the support of the AFP Foundation for Philanthropy – Canada, AFP International Headquarters, AFP Greater Toronto Chapter, AFP Calgary Chapter, The Hospital for Sick Children Foundation, DVA Navion, Ketchum Canada Inc., Anne Moore & Associates and an anonymous donor. The Association of Fundraising Professionals (AFP) represents more than 26,000 members in 170 chapters throughout Canada, the United States and Mexico, working to advance philanthropy through advocacy, research, education, and certification programs. The Association fosters development and growth of fundraising professionals and promotes high ethical standards in the fundraising profession. For more information visit www.afpnet.org CPRN is a national not-for-profit research institute whose mission is to create knowledge and lead public debate on social and economic issues, important to the wellbeing of Canadians, in order to help build a more just, prosperous and caring society. For more information visit www.cprn.org For more information on this study, contact: Joyce O’Brien, Senior Director of Public Affairs, AFP, Tel: (800) 666-3863 x 457, Email: jobrien@afpnet.org or Peter Puxley, Director of Public Affairs E-mail: ppuxley@cprn.org Website: http://www.cprn.org 600-250 Albert St Ottawa, Ontario Tel: 613 567-6665 // Fax: 613 567-7640 Join e-networks, CPRN's weekly news service: http://www.cprn.org/cprn-e.html NON-PROFIT ORGANIZATIONS - Useful Information Volunteer Lawyer Service This project is funded by the Government of Ontario, Ministry of Citizenship – Voluteer@ction.online Program. This is the first web site in Canada dedicated solely to pro bono legal services. It is an outreach tool for small and medium sized communities and provides more efficient and timely delivery of pro-bono services in Ontario. http://volunteerlawyers.org/online/index.html Charitable Status and Political Activities The United Way has published a Bulletin that explains the CCRA’s (Canada Customs and Revenue) Policy Statement that many activities previously deemed political, will now be considered charitable. For more information, contact: Bill Morris of United Ways of Ontario, Manager, Government Relations, at: 800-307-8528, or 416-359-2051 or email: bmorris@uwgt.org or see Information Circular 87-1, Registered Charities Ancillary and Incidental Political Activities. A link to HRDC/CCRA policy on Charities and Political Activities. http://www.ccra-adrc.gc.ca/E/pub/tp/ic87-1/ic87-1e.html Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Statistics to make you and think: 1. According to the International Labour Organization, every year around two million workers die because of their jobs. 2. Every single day of the year, more people die at work than died in the terrorist attacks of September 11,th, 2001 3. Each year there are about 17,000 lost time injuries due to falls in the workplace. 4. “Same level falls” like slips and trips account for 65% of all fall-related injuries. 5. Falls from heights that range from a few centimeters to 120 stories account for 34% of work-related deaths that occur in Ontario. Eye Exercises: Give these a try. They will certainly help! From The Doctor's Office - Shaelyn Osborn, D. C. | Editor http://www.brantcountyhealth.org/doctors_office.cfm *Changing Focus Hold a magazine or book as close to your eyes as possible without the print becoming blurred. Focus on the words for 15 seconds. Then, look at an object at least 10 feet away and focus on that. Refocus on the magazine; then refocus again on the distant object. Repeat five times. This exercise helps build stamina so you don't experience eye fatigue as often when working on close tasks. *Eye "Push Ups" Hold a pencil at arm's length in front of your face. Slowly move it toward your nose, holding your focus at the same spot on the pencil. The objective is to bring the pencil to the tip of your nose before you see a double image of the pencil. This exercise strengthens the "convergence ability" of your eyes (that is, the ability of both eyes to aim at the same task), which helps prevent eyestrain and may eliminate the "floating print" that can occur when your eyes are tired. *Eye rolls Close your eyes. Slowly roll your eyes in a complete circle; then move them from left to right. Repeat this exercise three times. This improves blood and oxygen flow to your eyes. *Palming & Cupping Note: If you wear contact lenses, remove them before trying this exercise. Close your eyes. Place the base of your palms over your eyes and press gently for a few seconds. Then cup your hands and place them over your open eyes. Look into your cupped palms as you slowly breathe in and out through your nose for 30 seconds. This exercise relaxes tired eyes. *Blinking or Yawning Both actions produce tears to help moisten and lubricate the eyes. Unicity.com Page 6 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail “Bridging the GAP” Human Resources Development Canada (HRDC) has just release it’s second edition of ―Bridging the GAP‖. This is a directory which highlights and contains up-to-date and brief information on how to access a broad range of programs and services of the Government of Canada, which enable Canadians with disabilities to participate fully in the economic and social life of Canada. The information is organized by categories such as accessibility, education, employment, employment and income supports and transportation. Information on these programs and services is also available at www.pwd-online.ca. The following is a sample from a guide we received from the Government of Canada which is also available on the Internet at: www.service-canada.gc.ca. This guide is intended for any entity that speaks or writes displays about issues that affect persons with disabilities and asks that respectful terms and images are used. A Way with Words and Images Suggestions for the portrayal of persons with disabilities http://www.servicecanada.gc.ca INSTEAD OF … Using images that isolate or call special attention to persons with disabilities unless appropriate to the subject matter. Using actors or models without disabilities to represent persons with disabilities. Always depicting the super-achieving individual to represent all persons with disabilities. Birth defect, congenital defect, deformity Blind (the) Visually impaired (the) Cripple, crippled, lame PLEASE USE … Use images that show persons with disabilities participating in society. Use actors or models with disabilities to portray persons with disabilities. Whenever possible, the typical individual who has a disability. Person born with a disability, person who has a congenital disability Person who is blind, person with a visual impairment Person with a disability, person with a mobility impairment, person who has a spinal cord injury, arthritis, etc. Le pouvoir des mots et des images Conseils généraux pour une représentation adéquate des personnes handicapées http://www.servicecanada.gc.ca ÉVITER D’EMPLOYER OU DE DIRE UTILISER OU DIRE Se server d’images qui insolent ou qui attirent l’attentino sur les personnes handicapées, sauf lorsque ces images conviennentau sujet traité. Faire apel à des acteurs ou à des modèles non handicaps pour representer des personnes handicapées. Toujours représentter les personnes handicaps comme des <<superhéros>>. Le vieillard, le vieux Utiliser des images qui montrent les personnes handicapées participant à la sociétè. Une anomalye une informité ou une malformation congénitale Un aveugle, un handicapé visuel Un infirme, un invalide, un estropié Demander à des acteurs ou à des modéles handicpés de jouer les roles des personnes handicpées. Décrire si possible, une personne ordinaire qui est handicapée. Personnes âgées Des adjectives comme fragile, senile ou faible projettent une image negative des personnes âgées et elles ne devraient pas être employées. Personne né avec une déficience, personne handicapée depuis sa naissance Personne aveugle, personne ayant une déficience visuelle Personne handicapée, personne ayant un handicap moteur, personne ayant de l’arthrite ou une lesion de la moelle épiniére, etc. Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Current Activities Internet Fortunately, we were able to secure funding through the HRDC, ―Summer Career Placement Program‖ to hire a summer student to work on the website this year. Check out some new looks on our site at www.ciwa.ca. Steering Committee The Steering Committee met in Vancouver, BC, from April 29th to May 5th, 2003. Thanks to a donation of Air Miles, Travel Miles from Mr. Tom White from Newfoundland, we were able to cover practically the entire travel costs for this meeting. Round Table Project on Safe & Timely Return to Function/Return to Work CIWA has been actively participating on the Advisory Committee in a ―Round Table Project‖. The committee is made up of representatives from federal and provincial governments, the medical community and labour market sectors. The project focuses on ―Safe & Timely Return to Function, Return to Work‖. The vision of the Round Table Project Stakeholders is ―To improve the systems that help people with illness, injury or disability from any cause, develop and secure their social, personal and economic self-sufficiency and to help stakeholders in the field identify and overcome barriers together.‖ In addition to meeting in person this year, the Executives of the Steering Committee meet on a regular basis via conference call, to review financial statements and discuss ongoing issues, on-going activities, and to review the direction of CIWA. Sub-committees also meet on a regular basis to review the progress of their plans and goals. Through CIWA’s participation in the Round Table discussions, we were asked to actively participate in the advisory committee, and to direct the future development of the project. It is important that we become more involved in this project. The Steering Committee will meet in the fall sometime and will make plans for the next physical meeting (location, agenda, etc). Canadian Injured Workers Alliance/ACVAMT attended the Canadian Pain Summit in Ottawa in November of 2002. This summit was organized by the Canadian Consortium on Pain Mechanisms, Diagnosis and Management, working with the Canadian Pain Society. The consortium is a group of researchers from across Canada representing basic, clinical and social sciences, which was funded by the Canadian Institutes of Health Research to further develop pain research. Youth Project We are continuing research and proposal writing to continue and expand on the Youth Project. We are hoping to train more folks across the country. Many people, who were not able to attend the previous sessions, expressed a great interest in the project. If you are interested in becoming involved in our future Youth Project, please let us know by contacting the office at 1-877-787-7010 or by emailing us at ciwa@norlink.net Chronic Pain Summit CIWA is in the process of partnering with the Canadian Pain Society in establishing a Canadian Pain Network. This consortium is holding follow-up meetings with stakeholder groups, and pursuing initial funding opportunities for its current work, another summit, and the Canadian Pain Network through the 2003 Network of Centres of Excellence Program. The reason they want to create a Canadian Pain Network is: - Canadians suffer unnecessary pain. - Pain is under-researched and under-treated. - Pain has enormous impact on individuals, families, society and the economy. Page 8 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Current Activities (Continued) The consortium would see that the Canadian Pain Network would: - Stimulate multidisciplinary work and streamline the links among researchers, health professionals, the public, government and industry; - Formalize the dissemination of new knowledge, and allow assessment of the impact of knowledge translation; - Streamline the process of translating knowledge to the marketplace for innovative products and services aimed at reducing pain and its impact; - Solidify the base of evidence needed for effective treatment, good policy decisions and productive future research; and - Focus on training future generations of highly qualified personnel. We are very excited about this project and look forward to this partnership. Coming Together CIWA believes it needs to increase its membership and this can partly be accomplished through a follow-up of the Coming Together Project. CIWA continues to work on developing a second component to the Coming Together Project. CIWA has submitted a proposal in June, to the Canada Volunteerism Initiative. We are hopeful in receiving funding for this proposal, a pilot phase entitled: ―Conflict Resolution that works!‖ This project was developed with the objective of seeing the development, testing and evaluation of conflict resolution tools and a training program with a focus on building inclusive organizations that reflect the diversity of their communities. We will use an interactive approach, using plain language principles in order to engage local volunteers who may have low literacy comprehension. In order to accomplish the goal of helping injured worker groups to develop and become strong, we plan to coordinate activities such as meeting with local injured worker groups, holding press conferences and local events when traveling to other organized activities, such as our Steering Committee meetings. Organizations in Prince Edward Island and Alberta have both expressed interest in becoming more involved in our organization. Strengthening Relationships With Organized Labour We continue to work towards developing a strong relationship with organized labour in order to help create a better relationship with injured workers and injured worker groups. CIWA has been invited to attend spring & winter schools hosted by the Canadian Labour Congress (CLC) for a number of years now. Recently, two of our representatives attended CLC training sessions in Nova Scotia and British Columbia. CIWA is proud to take part in these events and to be present at the forefront of advocating for injured and disabled workers along with the CLC. CIWA is pleased that CLC is making injured workers issues a high priority. This illustrates that CIWA does have an impact on the labour community and the awareness of injured and disabled workers issues. One of our representatives has also recently attended a meeting of the Canadian Labour Congress – Occupational Health, Safety & Environment (CLC – OHS&E) and WCB Committee. The CLC has secured land in Ottawa, to build a monument commemorating April 28th National Day of Mourning in memory of lives lost due to workplace accident or occupational disease. The CLC is planning a mid term conference in October which our board members will be attending as well. The session attended in Nova Scotia was a ―Think Tank‖ on ―Return to Work‖. Representatives from across the country shared experiences and strategies to reemploy injured and disabled workers. A man knocked on the pearly gates of heaven, his face was ragged and old. St. Peter asked “What have you done to gain admission to the fold?” The man replied, “I’ve fought for many years with the WCB.” The gate swung open wide, St. Peter rang the bell. “Come in” he said, “you’ve had your share of hell.” Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Miscellaneous Web Sites of Interest London Occupational Safety & Health Centre A United Way funded agency, is a community based, non-profit resource centre and library. Their aim is to prevent— and help people recover from— workplace injuries. Every person has the right to a safe and healthy workplace. Find out about the student teaching project. Read about the young worker who died after falling 6 metres from a steel beam on July 31, 2003. www.losh.on.ca Community Legal Education Ontario CLEO is a community legal clinic that produces clear language material for people with low incomes. Main topics include social assistance, landlord and tenant law, refugee and immigration law, workers' compensation, women's issues, family law, employment insurance and human rights. www.cleo.on.ca United Ways of Canada "To improve lives and build community by engaging individuals and mobilizing collective action." www.unitedway.ca March of Dimes of Canada Serving Canadians with physical disabilities. Promoting programs, advocacy, research and prevention. Find out about the new “Disability Travel Card”. It provides identification to a person with a permanent disability allowing an accompanying adult attendant to travel at no cost. http://www.esmodnc.org/marchofdimesc anada.htm National Fibromyalgia Association This site has excellent links to all kinds of resources for Fibromyalgia, Chronic Pain across Canada, Internationally,and in the USA. http://www.fibronorth.com/links.html Page 10 Survivor Support on Enablelink Visit EnableLink to connect with electrical burn survivors and those who treat or support them. www.enablelink.org International RSI Awareness Day Visit this web site to find out about RSI Awareness Day, held on the last day of February, it is the only "non-repetitive" day on the calendar and is officially observed on February 29th. http://www.ctdrn.org/rsiday Canadian Centre for Occupational Health and Safety CCOHS promotes a safe and healthy working environment by providing information and advice aobut occupational health and safety. Visit: www.ccohs.ca Work Smart Ontario Visit: www.worksmartontario.ca For more informative links check out our web site, or check this site from Paul Marxhausen, who is with the University of Nebraska-Lincoln. http://eeshop.unl.edu/rsi.html The Court Challenges Program of Canada This is a national non-profit organization which was set up in 1994 to provide financial assistance for important court cases that advance language and equality rights guaranteed under Canada's Constitution. The Program has a volunteer Board of Directors responsible for making sure the administration of the Program runs smoothly. In addition, there are specialized, independent panels to make decisions as to which cases or projects will be funded and in what amounts. The Language Rights Panel and the Equality Rights Panel are made up of experienced and knowledgeable individuals with a history of involvement in equality or language issues and community organizations. You can find more information on-line about the Court Challenges Program of Canada at: www.ccppcj.ca “Give a man a fish and he’ll eat for a day. Teach him to fish and he’ll eat for a lifetime.” �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Inner Strength If you can start the day without caffeine or pep pills, If you can be cheerful, ignoring aches and pains, If you can resist complaining and boring people with your troubles, If you can eat the same food everyday and be grateful for it, If you can understand when loved ones are too busy to give you time, If you can overlook when people take things out on you when, through no fault of yours, something goes wrong, If you can take criticism and blame without resentment, If you can face the world without lies and deceit, If you can conquer tension without medical help, If you can relax without liquor, If you can sleep without the aid of drugs, If you can do all these things.................................. Then you are probably the family dog. Important Dates To Remember: FEBRUARY 28, 2004 - RSI AWARENESS DAY APRIL 28, 2004 - NATIONAL DAY OF MOURNING (20TH ANNIVERSARY) JUNE 1, 2004 - INJURED WORKERS DAY (Ontario) workSafe An information email received fro Simon Hardman simon@binarylogic.biz One way to Combat Repetative Strain Injuries. on Web Site: www.binarylogicgroup.com The worksafe programme from Binary Logic monitors your computer related work pattern and decides when a break is required by using a real time analysis engine. It measures work input of both keyboard and mouse usage and is not merely based on a time out system. The engine is tuned as closely to the human body as practicably possible, whilst utilizing Einstein’s theory of special relativity. The software monitors and shows the users strain, based on current and previous computer usage. This is partly based on the individual user settings of how frequently RSI strain is suffered, and the speed of their recovery. The programme identifies exercise movies with a brief description of the movement required to ease the strain. make-your-business-work-software.com Last fall we received some information on a software program that helps people who are experiencing discomfort working at the computer. It works by running in the background of the operating system, neutralizing an irritating inaudible noise in the microprocessor at the heart of the computer. The following is an excerpt from their web-site about their program. Here's what Beta testers reported: • • • • • Increased task performance and overall productivity Increased clarity of mind and ease when focusing on work Increased satisfaction and comfort while working on the computer Decreased eye strain and relief from upper body tension (including wrists and fingers) Decreased fatigue for working as long as they want on the computer How can a software program do this? The software program works with the microprocessor at the heart of your computer to neutralize an inaudible noise found in man-made electricity. The chaotic influence is instantly transformed into an orderly influence so you can get more done on your computer. So far everyone who has tried this software has found it indispensible for working on the computer. 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.  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 6T6 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, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 12 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Winter 2003/2004 Description An account of the resource Articles about the Duty To Accommodate re: Human Rights Tribunals for Unions and Employers, Provincial Reps to the Steering Committee, special appreciation for donation from Mr. Tom White. Email news for the question "Are Healthy Workplaces more productive?" Condensed news release on the study on Canadian Charitable Fundraisers. Update of non-profit organizations, statistics for injured workers, eye exercises. Review of publication "Bridging the Gap", suggestions for the portrayal of persons with disabilities, CIWA/ACVAMT Current Activities, website suggestions, important dates. 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 2003, 2004 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 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 Winter 2003/2004 Description An account of the resource Articles about the Duty To Accommodate Re: Human Rights Tribunals for Unions and Employers; email news- "Are Healthy Workplaces more productive?"; research from "Study on Canadian Charitable Fundraisers"; response to Human Resources Development Canada (HRDC) "Bridging the GAP". Special appreciation to Mr. Tom White for donation; useful contacts for non-profit organizations; eye exercises; language suggestions for the portrayal of persons with disabilities; injured workers statistics information; current CIWA/ACVAMT Activities; websites of interest. 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 2003, 2004 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/c83dfc417aca45ced8153efe61033fe8.pdf 7ef8f921d6ec1d9987d8ae2e4f925acb PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Focus on MEDICAL ISSUES We are beginning our eighth year publishing Highlights. There have been many changes over those years and we continue to change as well. Highlights is a forum for you to express your thoughts and experiences – to share our stories. We really appreciate your ideas, suggestions and submissions to the newsletter. They make it all happen. We want to help provide the information you need. A new feature in this issue is a chart that gives you a quick comparison of policies and practices, province by province by territory. If you like this feature, we will include it in future issues. The theme of this newsletter is the medical treatment injured workers receive following an injury or disease. We examine the relationship between WCB, the medical community and the injured worker. As one of our correspondents says, “Injured workers find it hard to obtain the proper kind of medical assistance required to put them on the road to recovery”. We have reports from across the country. Also included are news about our activities, letters about your activities, and a story about tougher penalties for safety violations as a result of the Westray Inquiry. . Our next issue focuses on privatization in the WC system. Send us your thoughts. Table of Contents Projects ................................................2 WCB & Medical Matters ....................3 CSST & Questions Medicales ...........4 Provincial Updates ...............................7 Letters to the Editor ....................... 14 News & Views .................................... 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 a call at: 807-345-3429 “ SPREADING THE WORD” A NEW PROJECT WITH A VISION Survivors is a guide for organizing community forums, using a 17minute video 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. Price: $30.00 (Corporations and Institutions) $22.50 (Unions and Non-Profits) $15.00 (Injured Workers and Unemployed) ∙ TO EXPAND THE PARTICIPATION OF INJURED AND DISABLED WORKERS IN LOCAL LEADERSHIP ∙ TO EXPAND OUR ORGANIZATIONAL CAPACITY BY BUILDING SUPPORT AND PARTNERSHIPS IN LOCAL COMMUNITIES. BY DEVELOPING “TRAIN THE TRAINER” WORKSHOPS AND PROVIDING RESOURCES TO THESE TRAINED INDIVIDUALS. BUILDING YOUR GROUP’S MEMBERSHIP, SKILLS, AND COMMUNITY PARTNERSHIPS. If you are interested in participating, contact your provincial rep or phone the Corinne Yantha, Executive Assistant at CIWA/ACVAMT, been busy learning office at has 807-345-3429 how to edit and update the site, so please let her know if there's anything you would like to see changed. Send your email to ciwa@norlink.net. 2 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance C.I.W.A. Board Members 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 U.S.W.A. NF… Austin Haynes, St. John's Newfoundland & Labrador Injured Workers Association NB... Wendy McGee, Saint John St. John Labour Community Services Inc. Sandra Baxter, Hampton NS... Dave MacKenzie, Westville Pictou County Pictou County Injured Workers Assoc. ADVISORS… Andy King, USWA; Marion Endicott, IWC Orlando Buonastella & WCB's AND MEDICAL MATTERS In the world of Workers' Compensation, an injured worker's relationship to the medical profession becomes confused--or perhaps better put, the medical profession's relationship to the injured worker becomes confused. On the road to recovery an injured worker relies on three main external supports: support and comfort of family and friends; financial stability from the WCB; and healing from the doctor. The doctor is trusted to make the very best decisions in regard to treatment, medication, and activity, to ensure the best possible recovery of the patient. The doctor's decisions are based on a thorough knowledge of the patient and the condition. We have grown to trust the judgements of our doctors. What a rude awakening it is then to find decisions about treatment or medications or even our compensation made by doctors who have seen us once--or never. Most provinces, perhaps all, have some form of "WCB doctors" who play a role in determining our treatment or our compensation. These doctors have distanced themselves from any doctor-patient relationship and yet they make critical decisions, which can profoundly affect the lives of injured workers. It may be sensible for an institution such as the Workers' Compensation Board to employ doctors as a resource for better understanding a worker's medical condition. Such a doctor may even legitimately indicate the need for further medical investigation or opinion. These doctors however, have no right to render medical opinions which are accepted by the WCB over and above the opinion of the doctor treating the injured worker. Over the years injured workers have continually fought for WCB's recognition that the treating doctors must be respected as the decision-makers in regard to treatment. This fight has met with varying success. The biggest threat of all now looms on the horizon. All over Canada, WCB's are moving closer and closer to a private insurance model of compensation which seeks, not to fully compensate an injured worker for her/his losses, but pay the least possible. Legislation is changing rapidly which puts increasing limits on what is to be compensated 3 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance (stress and repetitive strain injuries are most often on the chopping block) and limits how much compensation will be paid. In some jurisdictions there are caps on medical spending. Increasingly the concept of "usual healing times," is being used not as a diagnostic guide, but as a cut-off schedule! As part of this shift, there is now evidence that the Managed Health Care system is being considered. This is the system widely used in the United States where private insurance companies dominate the compensation system. In the Managed Health Care system, a worker does not even have the right to chose their own treating doctor. In this system the Board will hold a contract with a private company (usually associated with a large insurance company) which provides medical services. Upon injury, a worker will be required to have all treatment for the compensable condition done through the WCB's chosen "health care provider." Such a system is the ultimate in confusion in the doctor-patient relationship. To whom does the WCB contracted doctor owe their allegiance--to the patient? or to the WCB? It is not difficult to answer that question. If there is any doubt, we need only to turn to the injured workers south of the border and ask them. There is another disturbing trend. Increasingly we see WCB's denying claims or ongoing benefits due to the lack of "objective medical findings." What is this about? In these times of corporate domination which seeks to minimize the security of the general population (so that people will be forced to take jobs and to take them at lower and lower wages), injured workers are being portrayed as being fundamentally lazy, pampered, and prone to exaggerating their pain. If this view is accepted, then measures to restrict treatment and to terminate benefits become acceptable. The demand for "objective medical findings" is such a measure. Using this measure, the WCB will only approve claim costs where there is technologically verifiable proof of injury such as xray evidence or nerve conduction study evidence. This is not medical science. This is insurance claims management. In medical science, there is no such term as "objective medical findings." Doctors use the terms: history, signs, symptoms, and studies. All four categories help the doctor establish the diagnosis and the treatment plan. Signs (what the doctor finds on examination) and symptoms (what the patient complains of) are the main tools used by the doctor. Studies (x-rays, nerve conduction tests etc.) are only back up tools for the doctor. Doctors know that such studies do not always reveal the nature of the problem. WCB's which demand "objective medical findings," (eg the results of studies) are essentially refusing to believe either the injured worker or the treating doctor. However, it is the WCB using this approach which is being fundamentally dishonest. We must insist on our right to chose our own doctors. We must insist on WCB support for the medical treatment which we need. We must expose and fight the private insurance model trends which are so devastating to the wellbeing of injured workers. We must engage, in the context of our injured worker organizations, to educate the medical profession about the needs of injured workers and about their poor treatment in the hands of WCB doctors. Many doctors become fed up with the wrangles they get into on behalf of their patients with WCB's. Some will not even deal with theWCB's. We must make family doctors and specialists understand the importance of their role and insist that it be respected by the WCB. LES ORGANISMES D’INDEMNISATION ET LES QUESTIONS MÉDICALES Dans le domaine de l’indemnisation des travailleurs et travailleuses, la relation d’une victime d’accident ou de maladie du travail avec la profession médicale devient confuse — ou serait-ce plus juste de dire que la relation de la profession médicale avec la victime d’accident ou de maladie du travail devient confuse. Dans son rétablissement, une victime d’accident ou de maladie du travail fait 4 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance confiance à trois principaux soutiens extérieurs: le soutien et le réconfort prodigués par la famille et les amis; la stabilité financière assurée par la CSST ou la WCB; et la guérison obtenue par l’entremise du médecin. On fait confiance au médecin pour qu’il prenne les meilleures décisions quant au traitement, à la médication et aux activités, pour que le patient ou la patiente puisse se rétablir le mieux possible. Les décisions du médecin sont fondées sur une bonne connaissance du patient ou de la patiente et de son état. Nous avons appris à faire confiance au jugement de nos médecins. Quel choc que de découvrir que des décisions portant sur un traitement ou une médication, ou même sur l’indemnité à toucher, ont été prises par des médecins qui nous ont vus une seule fois ou même jamais! La plupart des provinces, sinon toutes, ont une certaine forme de « médecins rattachés à la CSST (ou à la WCB) » qui jouent un rôle dans la détermination de notre traitement ou de notre indemnisation. Ces médecins se sont distancés de toute relation médecin-patient et, malgré cela, ils prennent des décisions critiques qui peuvent toucher profondément la vie des victimes d’accidents ou de maladies du travail. C’est peut-être sensé pour un organisme comme la CSST ou une WCB d’embaucher des médecins comme ressource pour mieux comprendre l’état médical d’un travailleur ou d’une travailleuse. Pareil médecin peut même légitimement signaler le besoin d’une étude ou d’un avis médical plus poussé. Par contre, ces médecins n’ont pas le droit de rendre des avis médicaux qui soient acceptés par la CSST ou les WCB en passant outre aux opinions des médecins traitants. Au fil des ans, les victimes d’accidents et de maladies du travail se sont continuellement battues pour faire reconnaître par les organismes d’indemnisation que les médecins traitants doivent être considérés comme les preneurs de décisions quant aux traitements à assurer. Ce combat a connu plus ou moins de succès, cependant la pire menace de toutes se pointe à l’horizon. Partout au Canada, les organismes d’indemnisation se rapprochent de plus en plus d’un modèle d’indemnisation avec assurance privée qui cherche non pas à indemniser complètement une victime d’accident ou de maladie du travail pour ses pertes, mais bien à débourser le moins d’argent possible. Les lois changent rapidement, ce qui limite de plus en plus ce qui doit être indemnisé (le stress et les microtraumatismes répétés sont le plus souvent sacrifiés) et limite le montant de l’indemnité. Dans certaines juridictions, il y a des plafonds pour les dépenses médicales. De plus en plus, le concept de « temps habituel de guérison » sert non pas de guide diagnostique mais d’échéancier pour mettre fin aux prestations! Dans le contexte de ces changements, il devient maintenant évident que l’on est en train de considérer le système de la gestion des soins de santé. C’est le système qui est largement en vigueur aux États-Unis, alors que le régime d’indemnisation est dominé par des compagnies d’assurance privées. En vertu du système de gestion des soins de santé, un travailleur ou une travailleuse n’a même pas le droit de choisir son propre médecin traitant. Ce système prévoit que l’organisme d’indemnisation établira un contrat avec une entreprise privée (habituellement associée à une grosse compagnie d’assurance) qui fournit des services médicaux. Lors d’une lésion, on exigera qu’un travailleur ou une travailleuse reçoive tous les traitements pour la condition indemnisable par l’entremise du « dispensateur de soins de santé » retenu par l’organisme d’indemnisation. Tel système constitue la confusion ultime dans la relation médecin-patient. À qui doit son allégeance un médecin embauché par l’organisme d’indemnisation : au patient ou à l’organisme d’indemnisation? La réponse n’est pas difficile 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance à trouver. Si nous avons des doutes à ce sujet, il suffit de consulter les victimes d’accidents et de maladies du travail au sud de notre frontière. Il y a aussi une autre tendance troublante. De plus en plus, nous constatons que des organismes d’indemnisation refusent les demandes d’indemnisation ou les prestations continues sous prétexte d’un manque de « résultats objectifs d’analyses médicales ». De quoi s’agit-il ici? En cette époque de domination par l’entreprise qui cherche à réduire au minimum la sécurité de la population en général (pour forcer les gens à accepter des emplois et ce, avec une rémunération de plus en plus basse), les victimes d’accidents et de maladies du travail sont montrées comme fondamentalement paresseuses, gâtées et portées à exagérer leurs douleurs. Dans le cas où cette perception est acceptée, les mesures visant à restreindre les traitements et à mettre fin aux prestations deviennent alors acceptables. La demande de résultats objectifs d’analyses médicales constitue une telle mesure. Grâce à cette mesure, l’organisme d’indemnisation n’acceptera les demandes d’indemnisation que dans les cas où il y a preuve de lésion vérifiable sur le plan technologique, comme celles des radiographies ou des études sur la conduction nerveuse. Ceci n’est pas de la science médicale. C’est de la gestion de réclamations d’assurance. En science médicale, l’expression « résultats objectifs d’analyses médicales » n’existe même pas. Les médecins utilisent les termes suivants : historique, signes, symptômes et études. Ces quatre catégories permettent aux médecins d’établir un diagnostic et un régime de traitement. Les signes (ce que découvre le médecin lors de l’examen) et les symptômes (ce dont se plaint le patient) sont les principaux outils du médecin. Les études (radiographies, tests de conduction nerveuse, etc.) ne sont que des outils de soutien pour le médecin. Les médecins savent que ces études ne révèlent pas 6 toujours la nature du problème. Les organismes d’indemnisation qui exigent des résultats objectifs d’analyses médicales (c’est-à-dire le résultat des études) refusent essentiellement de croire la victime d’un accident ou d’une maladie du travail ou même le médecin traitant. Cependant, c’est l’organisme d’indemnisation utilisant cette méthode qui est fondamentalement malhonnête. Nous devons insister sur notre droit de choisir nos propres médecins. Nous devons insister sur l’aide de la CSST et des WCB pour obtenir le traitement médical dont nous avons besoin. Nous devons exposer et combattre les tendances de modèles d’assurance privée qui sont si dévastateurs pour le bien-être des victimes d’accidents et de maladies du travail. Nous devons entreprendre, par le biais de nos organisations de soutien aux victimes d’accidents et de maladies du travail, d’informer la profession médicale sur les besoins des victimes d’accidents et de maladies du travail et sur le traitement déplorable qu’elles reçoivent aux mains des médecins embauchés par les organismes d’indemnisation. Plusieurs médecins s’exaspèrent des disputes qu’ils ont avec la CSST ou les WCB au nom de leurs patients. Certains refusent même de traiter avec l’organisme officiel. Nous devons faire comprendre aux médecins de famille et aux spécialistes l’importance de leur rôle et insister pour qu’il soit respecté par la CSST et les WCB. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Provincial Updates: Focus on MEDICAL ISSUES YUKON The Yukon WCB has one Medical Consultant, and an alternate Medical Consultant. The Medical Consultant for the Yukon Board is also the President of the Canadian Medical Association. This is the very same one who has been found guilty by the Yukon Medical Council of professional misconduct, and ordered remedial diagnostic training and is appealing in the Courts. The Medical Consultant provides opinions to the WCB including both levels of appeal on medical issues. He examines, interprets medical reports, participates in case management, provides treatment options and provides Permanent Impairment Ratings. He is also responsible for: Training WCB staff in the area of medicine, providing employers with prevention education, help with policy development, research medical issues of relevance to the WCB, assist in legislated medical surveillance programs, liaise on behalf of WCB with the medical community, within and external to the Yukon. As WCB is also OH&S in the Yukon, he is also tasked with assisting them in investigating accidents. Unfortunately, there is no a medical review panel. However, the Appeal Panel can order an independent medical examination, which generally is with a specialist outside the Territory. Here as with most jurisdictions, the Medical Consultant's opinion seems to be the document which carries the most weight within the administration. We are seeing more and more that the Appeal Panels are using facts, not just interpretations. Therefore, examinations and treating practitioners reports are carrying more weight at appeal. There are no limitations on treatment.. The Medical Consultant here was very fond of using average duration of injuries. Since numerous wins at the Appeal Panel level, the Board is placing less and less weight on that rational for termination of benefits. The entire medical consultant issue is very contentious here in the Yukon. As we await the Court's decision with regard to this individual doctor's standing, no one is prepared to discuss the issue at all. All of this provides an uneasy feeling for injured workers who must live with the diagnosis of a doctor who has been ordered to undergo remedial diagnostic retraining. BRITISH COLUMBIA In BC the WCB has always employed in house doctors as Medical Advisors, attached to individual claims units. Recently the WCB has been replacing the doctors with `Nurse Advisors'. The Board also employs specialists for specific purposes such as doing disability assessments and rehabilitation assessments and providing diagnosis and treatment advice. Their primary role in each case is to provide medical interpretation and advice to adjudicators, with the adjudicator supposed to be making the final decision on the issue in question. It is also their role to communicate with the treating medical practitioners in order to clarify diagnosis or treatment questions. The WCB Medical Services Division, aside from adjudication, is the most highly criticized department within the Board. In general the most common consensus is that it should be abolished altogether. Many respected medical practitioners describe the BC WCB Medical Services Division as the most incompetent, arrogant, unprofessional, and dysfunctional group of supposed professionals they have ever had the misfortune of dealing with. In fact in some cases, injured workers in BC have been 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance COMPARATIVE PROVINCIAL MEDICAL PRACTICES BC AB SK MB ON QC NB PEI NS NFLD Yes Yes Yes Yes Yes Yes Yes There word is God Medical & functional impairment assessments Does the WCB employ doctors? Yes Yes Yes What is their role? Medical interpretation and advice to adjudicators To give opinions on injured workers medical files Review of IW’s files Resolve inconsistencies Provide expert opinions Advise adjudicators and interpret medical evidence To assess files and give medical opinions Are there Medical Review Panels? Yes Recently introduced Yes Yes No Yes No No No Yes ? There are concerns NA No. IW usually have their rights denied. NA NA NA They work well in some cases IW/WCB In theory, the Injured Worker The treating physician until the file sent to the Bureau d'avaluation médicale WCB WCB WCB WCB & treating physician The treating physician until the file sent to the Bureau d'avaluation médicale WCB WCB WCB WCB & treating physician No No - some restrictions Effectively, yes Are they working for IW? In some cases Major problems at present Who has final say over treatment? The treating physician, but can be overruled by WCB Doctors Treating physician WCB Who has final say over diagnosis and relation to injury? WCB WCB WCB Treating physician Adjudicators Does the WCB restrict which doctors an IW can see for treatment? No 8 Some restrictions Yes No �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance BC AB SK MB ON QC NB PEI NS NFLD ? Yes No Yes Yes ? ? Yes Yes Not officially Yes Yes Yes Yes Yes Their case is sent to the Bureau Dévaluation médical Yes Yes, cut off benefits Yes – cut off benefits In some cases Generally yes Not really No ? No In some cases Yes Yes Yes Yes Yes – cut off Yes Is there a cap on medical fees? Fees are negotiated WCB has increased medical fees to get faster treatment Are there expected healing times? Yes Yes ? Are IW penalized if they don’t conform to usual healing times? Yes, they are cut off benefits Yes, deemed 100% fit to RTW Yes Yes Do IW have control over their own medical treatment? Not really Not really No To some degree If there is disagreement, is the IW penalized? Yes Yes Yes Yes 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance denied treatment because some medical practitioners refuse to deal with the WCB. consistency and is most often contrary to the advice of the treating medical practitioners. Medical staff and the adjudication staff at the WCB often dictate the decisions supposed to have been made on the balance of all information. In many cases, this happens without ever having examined or even spoken to the injured worker or the worker's treating practitioners. If there is any resistance from the injured worker or the treating medical practitioner to the Board's instruction, direct or implied, the result is the termination of benefits. In short, medical services in BC, as administered and manipulated by the WCB, generally underme and interfere with the competent and sound medical practices and judgement of experienced qualified outside medical practitioners. The result far too often is permanently detrimental to the long term health and employability of the injured worker and therefore should be abolished. Leave the responsibility for medical treatment in the hands of truly competent and qualified medical professionals. Evidence in a number of cases has been uncovered showing medical staff to have falsified medical reports, minimized medical evidence, and/or manipulated medical evidence and diagnosis to support or promote dis-entitlement. In BC the Medical Review Panel is the final level of appeal and the decision is final and binding on the worker, the employer, and the Board in all but a few circumstances. A Medical Review Panel Appeal requires a doctor's certificate stating there is a bona fide dispute before an Appeal will be allowed. The Medical Review Panel Department must agree that there is a medical dispute, then they will send a list of doctors. The worker chooses three doctors, the employer also gets the list and may choose three. The final panel is made up of one of the worker's choices, one of the employer's choices and a chairperson. The WCB has the final say over the accepted diagnosis and causation outside the appeal process and consistently denies benefits based on disputed diagnosis and/or causation provided by a single unqualified Medical or Nurse Advisor or adjudicator, over the written opinions of multiple renowned specialists. In practice the WCB sets out it's own benchmarks for recovery of various injuries and occupational diseases in relation to the type of occupation and their own opinion regarding full or graduated return to work, or retraining for alternate employment. This practice seldomly exhibits any form of 10 ALBERTA The WCB in Alberta has Medical Doctors that are there to make opinions on Injured Workers medical files. These reports are very biased and are made by doctors who do not even practice within that field, (such as a general practitioner making a report on a back condition and overriding specialists within that field.) The Board accepts this and denies the Injured Worker their benefits. Medical review panels have been in the Policy and Information Manual for some time, but now, due to pressure of a Private Member’s Bill # 204, the Board has been pushed into using them. In the past they denied their existence. Injured Workers have been trying to use these panels where there is a conflict in physician reports. Unfortunately, there continue to be problems implementing these Medical Review Panels including: ∙ denial by the case manager who makes the decision whether a panel is required, ∙ untrained staff, ∙ slow set-up of these panels. In the treatment process the Injured Workers Physicians have a say in their patient's care, but there is a gray area here as the WCB also has been known to send Injured Workers to facilities that they highly fund. The end result is often further disablement or injury to these workers. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance WCB has made increases of 600% in medical fees. As well, a $200 signing bonus is provided if surgical procedures are carried out within 15 days of the recommended surgery. [At the same time the WCB states this would not skew surgical list.] WCB has a guide that they use for healing times and if you are outside these time frames they end up telling the Injured Worker he or she is 100% fit to return to work and benefits are discontinued and no further medical benefits will be paid. SASKATCHEWAN In the Province of Saskatchewan, injured workers find it hard to obtain the proper kind of medical assistance required to put them on the road to recovery or the strong doctor reports needed to support their claims. Injured Workers find it difficult to find Family Physicians or Specialists willing to take a stand on their behalf at the WCB even when all medical objective findings are in place. We are finding that there are doctors who are reluctant to treat an injured worker. We have heard stories of doctors being harassed by WCB because of reports they have written. We experienced a case where a medical doctor outside the province treated a Saskatchewan injured worker, then had been called by the WCB. He called his patient back, verbally reaffirming his condition and warning him that the WCB will try to dissect him to place blame otherwise. He then REFUSED to accept any patients from out of province even after volunteering this injured worker additional assistance should the need arise. We ask why? In Saskatchewan the injured worker is told by WCB what treatment he will receive, how many times and by whom, overriding family physicians, specialists and other medical professionals. Should the injured worker refuse, his benefits are denied. The WCB claims that he is non-compliant. The Saskatchewan WCB has its own Medical Doctors, called "consultants". They review your file without ever examining the injured worker. We have witnessed claims rejected because they have overruled specialists diagnoses, twisting what was reported in the original reports. In regards to our Rehabilitation Centers, it is to be noted that they are funded by WCB. Claimants are forced into treatment and exercise therapy against their specialists advice. We have witnessed reports from the Rehabilitation Center that an injury will take a certain period of time to heal. If healing takes longer, as every person is different, reports have been sent back that the injured worker is not cooperative or it is all in their head. The injured worker's benefits are terminated as WCB claims non-compliance. We have seen cases where an MRI later proved differently. We have encountered a number of injured workers who were given the option by WCB to have either Brain or Back Implants performed. At best, this was and still is a very experimental form of treatment. These same individuals are experiencing terrible side effects. Many have been chosen as study subjects as to the effects of this procedure. WCB has refused to acknowledge the adverse side effects as either a hindrance to work ability nor accepts responsibility to pay benefits, as this procedure was a direct result of the injury. Yet, in some cases, pays full coverage for thousands of dollars worth of medication required now to control the pain and side effects. The Western Injured Workers Society (Sask) are striving to make changes to this unfair, unjust treatment to the injured worker as our motto is An Injury To One Is An Injury To All - Workers Helping Injured Workers. Our greatest wish would be to have a professional medical advisory and medical caregivers totally independent of WCB financial support or influence. This would eliminate any interference as to fair and just decisions made on behalf of the injured worker. We call on CIWA and all Provincial Injured Workers Organizations to help us in Saskatchewan to make changes. This unfair, unjust treatment must stop. 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance We look forward to any input or suggestions from CIWA or from any or all other provinces. MANITOBA The Injured Worker has final say over treatment but, if WCB deems it is in the best interest of the worker to have a specific treatment and the worker refuses, there could be consequences. WCB does not restrict which doctors you can see for treatment but this applies to your initial doctor or family doctor. If you want a second opinion from a different doctor you must have approval from WCB. Referrals can be made by your family doctor without WCB approval. General observations on the medical system is that the system is in trouble. Some doctors do not keep up on current treatment protocol and in many cases do not refer to the appropriate specialist Therefore diagnosis and treatment is not always accurate or appropriate. Injured workers can be cut off their claims or are unable to receive WCB benefits due to misdiagnosis or conflict in diagnosis from different doctors. ONTARIO My observations on how our medical services are working in Ontario are: They are working less and less, because hospitals are closing, OHIP is cutting back on treatments, and unless you are rich and can pay for treatment yourself you could be doing without the necessary treatment. Most injured workers cannot afford these costs. It's a lose-lose situation in Ontario for all injured workers. QUEBEC Au Québec, les victimes d’accidents et de maladies du travail sont souvent confrontées à des médecins œuvrant pour la CSST ou pour leur employeur. Et si notre législation prévoit que la CSST est liée par l’opinion du médecin traitant, il ne faut pas oublier 12 qu’un large chapitre de notre loi prévoit comment elle peut s’en défaire. Au Québec, il y a d’abord les médecins travaillant pour le Bureau médical de la CSST à titre de salariée-s et qui ont pour rôle de «conseiller » les agent-e-s d’indemnisation sur les divers aspects d’une réclamation, particulièrement en matière d’admissibilité. C’est souvent à cette étape que des réclamations pourtant bien légitimes sont refusées. Mais il ne s’agit pas là des seuls médecins qui œuvrent pour la CSST. En effet, le CSST au Québec a de très importants pouvoirs de contestation médicale. Si elle est en désaccord avec le médecin traitant sur le diagnostic, la date de consolidation, la nature ou la durée des soins, l’atteinte permanente ou les limitations fonctionnelles, elle peut exiger d’un travailleur qu’il se soumette à l’examen d’un médecin qu’elle choisit et qu’elle paie. Suite à ce premier examen, la CSST peut soumettre le dossier d’un travailleur au Bureau d’évaluation médicale, relevant du Ministère du Travail tout comme la CSST elle-même, et qui est bien connu pour ses capacités de guérir miraculeusement les victimes d’accidents et de maladies du travail. Suite à la réception de l’avis du membre du Bureau d’évaluation médicale, la CSST doit rendre des décisions entérinant les conclusion de l’avis reçu. Si le travailleur est en désaccord avec les décisions rendues, il doit les contester d’abord à la révision administrative, qui n’a le pouvoir de les renverser, et ensuite au Tribunal où les décisions faisant suite aux avis du Bureau d’évaluation médicale ont historiquement été renversées plus que maintenues. Il nous reste à voir si, avec le nouveau « tribunal » en place depuis le 1er avril 1998, la situation demeurera la même… The Medical Assessment Process in Quebec In Quebec, injured workers are often confronted with physicians working for the CSST* or for their employer. Although our legislation provides for the CSST to be bound by the attending physician’s opinion, we must not overlook the fact that a large �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance chapter of the law holds provisions for doing away with it. In Quebec, first there are the medical doctors working for the CSST’s Medical Bureau as paid employees with the role of “advising” the compensation agents on the different aspects of a claim, particularly in the area of eligibility. It is often at this stage that legitimate claims are rejected. However, these are not the only doctors working for the CSST. Indeed, the CSST has very important powers of medical dispute. If the board disagrees with the attending physician over the diagnosis, the consolidation date, the nature or duration of care, the permanent injury or functional limitations, it can require that a worker submit to examination by a physician it chooses and pays. Further to this examination, the CSST can submit a worker’s record to the Medical Assessment Bureau, coming under the Department of Labor, as does the CSST, which is well known for its ability to miraculously heal injured workers. Following receipt of the opinion by the member of the Medical Assessment Bureau, the CSST must render decisions confirming the results of the opinion received. If a worker disagrees with the decisions rendered, he or she must contest them, first during the administrative review—which does not have the power to overturn them—then with the tribunal where historically decisions made following the Medical Assessment Bureau’s opinions have more often been overturned than upheld. It remains to be seen if, with the new “tribunal” in effect since April 1st, 1998, the situation will remain the same… NEW BRUNSWICK The solution to the medical services in New Brunswick is Deeming. Regardless if you can do it or not. Long term injured workers are forever on trial and will always have a battle defending themselves against the Board and the professional opinions of the specialists. 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NEWFOUNDLAND One of the major problems that confronts injured workers, is trying to convince or explain to the Commissions doctors that you are injured and in pain. For some reason, yet unexplained you are told that your pain is all in your head. "There is no objective medical evidence on your file which indicates that you should be having the level of pain you insist you are having." This statement is all too common in injured workers medical files. Secondly, the idea that a Functional Capacity Evaluation (FCE) which is performed over a 2-3 hour period by an Occupational Therapist can over ride and carry more medical weight then a Orthopedic Surgeon, who has been treating his or her client for, in some cases for a year or more. This was a serious concern for this association until this year. This practice is now discontinued. Medical specialist reports now will take preference over an Occupational Therapist's report. This practice, while in place, has destroyed the lives of many an injured worker. This was one of the major recommendations this association put forth during last years Workers Compensation Statutory Review Hearings. NOVA SCOTIA When a person is sent to see a specialist, if the decision is not in favor of the WCB, then the board doctor rules in favor of the WCB. PRINCE EDWARD ISLAND On PEI, we have to go to our family doctor's after being injured. They in turn send reports to WCB. The Workers Compensation doctor has final say in your treatment. This doctor is employed by the WCB. The WCB doctor on PEI sends you to another province, then the injured worker has to go back to the WCB doctor who overrules the other 14 doctor's opinions. Then the injured worker is cut off his or her benefits. Our biggest problem with this doctor is that his wife is running the business called the S'side Physiotherapy Centre. There are a number of injured workers who are referred to this Centre for treatment. It seems there is something happening between WCB, Doctor Wedge, Maureen (Rogers)Wedge and her clinic. We will leave all thoughts to the readers of this newsletter. If more of this information is desired by the readers we will be quite willing to relate further to this subject in great detail. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance 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 http://www.injured workers.org/ Letters to the Editor Dear Editor: Well, I guess it is time to get some of our news in PEI into the CIWA newsletter. First of all; Greetings to all injured workers across Canada from the smallest province called Prince Edward Island. Even though we are small, good things come in small packages so they say. We became a registered corporation in 1998. Injured workers thought we were all by ourselves in dealing with the unfair practices of the Workers Compensation. We found out by meeting other injured workers at Memramcook, New Brunswick we were not alone. Because of the Speakers Bureau and correspondence from Steve, Jim, Austin, other e-mail friends too many to mention, this gave us the boost we needed to formulate a plan of action to help other injured workers on PEI. and there will be no further benefits; and the injured worker has no job and no WCB benefits, do you think it is possible the Federal government might hire Dr. Jack Kavorkian to resolve some of these situations? Perhaps they could call it a DEAD ISSUE. I. M. Waiting Want to get involved ? To connect with the injured workers group nearest you, check out our website at www.ciwa.ca and click on people and organizations. Or call the office at (807) 345-3429. By being part of the CIWA we even found we are not scared of the Workers Compensation realm, and by helping each other we in part help ourselves, by gaining confidence in each other, supporting each other and when there are problems encountered, we all can help each other. Clarance Fraser PEI Coalition of Injured Workers Dear Editor: When a person gets injured on the job, and the employer doesn't want him back because he is not 100% back to normal; and the WCB says that the injured worker has reached his maximum medical recovery (whatever that is) 15 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NEWS & VIEWS Federal NDP wants Tougher Penalties for Safety Violations By DEAN JOBB, Staff Reporter - The Halifax Herald Limited Corporations convicted of operating dangerous workplaces could face multimillion-dollar fines, and their executives and directors could be jailed under amendments being proposed by the federal New Democrats. "We have to hammer home that safety of workers has to be the No. 1 priority, and it comes before profits and it comes before anything," Cape Breton MP Peter Mancini said Tuesday from his Ottawa office. "People are entitled to a safe work environment." - The member for Sydney-Victoria raised the issue Tuesday in the House of Commons, one year after release of the inquiry report into the deadly 1992 explosion at the Westray Coal Mine. The charges were withdrawn in June. Nova Scotia prosecutors announced convictions were unlikely, given conflicting evidence about how the explosion occurred. No one has been convicted of a crime or breach of safety regulations in connection with the explosion. Had the proposed amendments been law in 1992, Mr. Mancini believes the disaster could have been averted. Justice Peter Richard's report called on the federal Department of Justice to examine whether new laws are needed to hold officials and directors accountable for crimes committed by their companies. Mr. Mancini, who criticized the government's lack of action on the recommendation, said his party plans to introduce a private member's bill to make the necessary amendments to the Criminal Code. A draft of the bill, dated Nov. 30, contains the following provisions: - Corporations could be found guilty and fined up to $500,000 for any offence for which a person can be convicted. Firms convicted of murder or manslaughter would face a fine of up to $5 million; - Companies could be convicted of authorizing, condoning, or ignoring unsafe practices, or allowing "the development of a culture or common attitude: among employees that such acts would be tolerated"; - Firms could be fined up to $100,000 a day until unsafe conditions were rectified; Directors could be imprisoned up to three years and fined $10,000 for each day unsafe conditions existed. 16 Justice Richard's report concluded Westray management was "derelict" in its safety duties and put profit ahead of the welfare of workers Twenty-six men died when the mine exploded. The inquiry uncovered a wide range of risky and illegal practices. The mine's bankrupt parent company, Curragh Inc. of Toronto, and on-site managers Gerald Phillips and Roger Parry were charged with manslaughter and criminal negligence in 1993. "If the directors know that they can be responsible in a criminal sense, they're going to ensure . . . that safety measures are being met." The Justice Department's criminal-law policy section is studying Justice Richard's recommendation. Department officials could not be reached for comment. The NDP amendments are expected to be introduced early in the New Year. TWO SURGEONS WERE WATCHING A MECHANIC WORK ON A CAR WHEN ONE REMARKED, " YOU KNOW DOCTOR, BEING A CAR MECHANIC IS PERHAPS AS COMPLICATED AS THE WORK WE DO. " MAYBE," THE OTHER SURGEON REPLIED, " BUT LET'S SEE HIM DO IT WHILE THE ENGINE IS RUNNING." �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance WE NEED YOUR HEL P ! ! 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. PL EASE SUB SCRIB E Name: ________________________________ Address: ________________________________ ________________________________ ________________________________ Date: ________________________________ Newsletter Subscription: Injured Worker/Unemployed $ 5.00 _______ Individuals Postal Code ________________________________ Fax ________________________________ E-Mail ________________________________ Organizations $ 10.00 _______ Phone: $ 15.00 _______ Donations $ Thank You for Your SUPPORT: $ Web Site _______ _______ ________________________________ 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. 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 This Newsletter was printed by: CUPE 87 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 A name given to the resource CIWA Highlights Newsletter Winter 98/99 Description An account of the resource Articles about WCB's and medical matters; Provincial updates on Medical Issues; Comparative Provincial Medical Practices. "Survivors" guide for organizing community forums; "Spreading the Word" Project; Letters to the Editor- PEI updates, WCB benefits. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 1998 Format The file format, physical medium, or dimensions of the resource PDF Language A language of the resource English, French Type The nature or genre of the resource Text Subject The topic of the resource Labour and Labour Unions https://digitalcollections.lakeheadu.ca/files/original/4b5197d39e70179fbd44f2a60ecb2658.tif 64f71d9d975debde8bdfb0a9f29a557c 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 Ken Armson fonds Subject The topic of the resource Forestry Description An account of the resource A collection of thousands of photographic slides depicting Ken Armson's work in the field of forestry, 1952-1995. Creator An entity primarily responsible for making the resource Ken Armson Date A point or period of time associated with an event in the lifecycle of the resource 1952-1995 Rights Information about rights held in and over the resource These images have been digitized and shared on this site with permission. Most are still under copyright. Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. Original Format The type of object, such as painting, sculpture, paper, photo, and additional data Photo 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 Cladonia, Mytrichum...infertile dry soil Kettle Lakes Park Subject The topic of the resource Forest Products Industry Description An account of the resource Shrub species on dry soil Creator An entity primarily responsible for making the resource Ken Armson Publisher An entity responsible for making the resource available Lakehead University Library Format The file format, physical medium, or dimensions of the resource TIF Type The nature or genre of the resource Photograph Identifier An unambiguous reference to the resource within a given context Ken Armson- field research-8box09 https://digitalcollections.lakeheadu.ca/files/original/7/619/08-11-1966-pg1-c5-lowerright.jpg 536a9b262bc0297bfa127a7e5e0775d1 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 Orillia University Committee Collection Subject The topic of the resource Universities Description An account of the resource The collection consists of newspapers (primarily the Orillia Daily Packet and Times) with stories related to the proposal to establish a campus of the Waterloo Lutheran University in Orillia. The proposal made by the Orillia University Committee in September 1965 to Simcoe County Council to establish funding for the new university campus was approved, and $600,000 allocated. Fundraising commenced, but was halted in 1968 by the Ontario Ministry of University Affairs. Date A point or period of time associated with an event in the lifecycle of the resource 1965-1971 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 Claims Annexation Would Up Taxes In Rest Of Township. Daily Packet and Times, August 11, 1966. Subject The topic of the resource Universities Description An account of the resource Annexation of Orillia Township would result in an increase in the tax rate in the rest of the township. Creator An entity primarily responsible for making the resource Daily Packet and Times Date A point or period of time associated with an event in the lifecycle of the resource 1966-08-11 https://digitalcollections.lakeheadu.ca/files/original/ab0480633f5e70628648f0b35aba538b.jpg 9033026e3d267d27b5e7df245016ccde 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 Ken Armson fonds Subject The topic of the resource Forestry Description An account of the resource A collection of thousands of photographic slides depicting Ken Armson's work in the field of forestry, 1952-1995. Creator An entity primarily responsible for making the resource Ken Armson Date A point or period of time associated with an event in the lifecycle of the resource 1952-1995 Rights Information about rights held in and over the resource These images have been digitized and shared on this site with permission. Most are still under copyright. 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/. Identifier An unambiguous reference to the resource within a given context Armson-Geology-30 Title A name given to the resource Claremont Conservation Area Subject The topic of the resource Forest Products Industry Description An account of the resource Claremont Conservation Area Creator An entity primarily responsible for making the resource Ken Armson Format The file format, physical medium, or dimensions of the resource JPG Type The nature or genre of the resource Still Image Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant Canada-Ontario https://digitalcollections.lakeheadu.ca/files/original/b2679a3878bc7c4ee05688896feef94f.tif c8bc2e3c5b2cbc87d2e40d8f8ce45a3d 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 Ken Armson fonds Subject The topic of the resource Forestry Description An account of the resource A collection of thousands of photographic slides depicting Ken Armson's work in the field of forestry, 1952-1995. Creator An entity primarily responsible for making the resource Ken Armson Date A point or period of time associated with an event in the lifecycle of the resource 1952-1995 Rights Information about rights held in and over the resource These images have been digitized and shared on this site with permission. Most are still under copyright. Still Image A static visual representation. Examples include paintings, drawings, graphic designs, plans and maps. Recommended best practice is to assign the type Text to images of textual materials. 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 Clarridge Nurser Subject The topic of the resource Forest Products Industry Description An account of the resource Clarridge Nursery - weighing, “mud packing” and baling inside shed Creator An entity primarily responsible for making the resource Ken Armson Format The file format, physical medium, or dimensions of the resource TIF Type The nature or genre of the resource Image Identifier An unambiguous reference to the resource within a given context Armson-North Carolina-28a Coverage The spatial or temporal topic of the resource, the spatial applicability of the resource, or the jurisdiction under which the resource is relevant USA - North Carolina