217 10 13233 https://digitalcollections.lakeheadu.ca/files/original/a726cdf6e285fc22255d30fcbaeecb28.pdf a76fba59bdd82206ed74cf8beacca7d3 PDF Text Text CANADIAN PUBLICATION MAIL SALES AGREEMENT #1685422 Severance Pay - Law Overturned: Disabled workers must get same compensation ! Employment Standards Act (ESA) section violates charter of rights ! In a ruling hailed as a major milestone, Ontario’s highest court has struck down part of a law that allows employers to deny severance packages to disabled workers who can no longer continue in their jobs. Read more on page 8 Accessibility for Ontarians with Disabilities Act (AODA) 2005 Replaces: Ontarians with Disabilities Act (ODA) 2001 / The ODA was often maligned for its lack of teeth. Now broader disability legislation has been passed by Dalton McGuinty’s government – May 10/05. In 2001, the Ontarians with Disabilities Act was passed. Advocates quickly dismissed it as a piece of legislation which was largely ineffective. In October, 2004, Dalton McGuinty’s government proposed new legislation to replace the Ontarians with Disabilities Act. This new act, known as the Accessibility for Ontarians with Disabilities Act (AODA), is described as strong, effective and comprehensive and will lead to significant changes in barriers faced by people with disabilities in Ontario. Read more on page 9 Table of Contents CIWA/ACVAMT Contacts ...................................... 2 CIWAY Contacts, Thanks, Interesting Web Sites ..... 3 CIWA/ACVAMT Activities .....................................4, 6 Activités CIWA/ACVAMT ......................................5, 7 CPP/LTD/WCB Benefits/Pensions ............................ 6 Severance Pay Law Overturned .............................. 8 Indemnité de depart – Loi annulée ......................... 9 OFL/FOL Day of Mourning Statistics .......................10 Statistiques sur le jour de deuil FTO.......................11 Chronic Pain .........................................................10 Douleur chronique ................................................11 Ontarians with Disabilities – Act 2 ..........................13 Ergonomic Issues – Ontario Workplaces .................13 WCB is Failing Injured Workers..............................14 Events To Remember........................................... 14 Miscellaneous .......................................................15 Congratulations ! ..................................................15 CIWA/ACVAMT Info ..............................................16 Page 1 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail PLEASE HELP ………… S U B S C R I B E T O D A Y ! Name: ________________________________ Date: Organization: ________________________________ Address: ________________________________ Highlights is published 4 times per year ________________________________ Injured Worker/Unemployed $ 5.00 __________ Postal Code ________________________________ Individuals $ 10.00 __________ Phone ________________________________ Organizations $ 15.00 __________ Fax ________________________________ Donations $ E-Mail ________________________________ Total Web Site ________________________________ THANKS for Your SUPPORT! ________________________________ Newsletter Subscription: __________ $ __________ Editor’s Note This newsletter is for sharing and exchanging information. The views and opinions expressed here are those of the individuals or groups making submissions. We take no responsibility for their accuracy or for their opinions. PROVINCIAL REPRESENTATIVES OF CIWA/ACVAMT VOLUNTEER BOARD OF DIRECTORS… EXECUTIVE OFFICERS… BC ... Lee Harrison, Surrey President Secretary Treasurer SK ... Robert Lindsay, Regina Western Injured Workers Society (Sask.) MB… Vincent Boyce, Winnipeg NS... Dave MacKenzie, Pictou County PEI ... Leonard J. Crawford, Summerside Rob Lindsay Lee Harrison Vincent Boyce ADVISORS… Andy King, U.S.W.A. Orlando Buonastella & Marion Endicott, Injured Workers Consultants STAFF… Phil Brake, National Coordinator Monika Wiitala, Office Manager L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL MAILING ADDRESS: P.O. Box 10098 Thunder Bay, Ontario. P7B 6T6 Phone: 807-345-3429 Fax: 807-344-8683 . Page 2 CANADIAN INJURED WORKERS ALLIANCE Toll Free 1-877-787-7010 STREET ADDRESS 1201 Jasper Drive Thunder Bay, Ontario P7B 6R2 email: ciwa@vianet.ca Web-site: www.ciwa.ca �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Canadian Injured Workers Alliance of Youth (CIWAY) BOARD OF DIRECTORS – MARCH 2004 PRESIDENT TARA DORVAL VICE PRESIDENT DUSTIN EASTMAN SECRETARY JULIE SHOEMAKER TREASURER JESSICA BELANGER Thunder Bay, ON Regina, SK Sommerset, MB Winnipeg, MB BOARD MEMBERS / Provincial Reps ANDREW BACCHUS Toronto, ON DAWN HAMILTON Labrador City, NF PAIGE MOORE Montague, PEI AMANDA PERREAULT Brampton, ON DEAN RUDD Whitehorse, YT LILI TRINH Toronto, ON SCOTT WOLBAUM Regina, SK JAMIE WOODHOUSE Winnipeg, MB For information on how to contact any of the above provincial representatives, please contact our office in Thunder Bay, Ontario at 807-345-3429, or toll free: 1-877-787-7010, fax: 807-344-8683, email: ciwa@vianet.ca or visit our website at www.ciwa.ca Informative Websites to Check Out: Office of the Worker Advisor www.owa.gov.on.ca www.owa.gov.bc.ca Contains info such as: - workers self help kit - how to obtain the WSIB Policy Manual Check for an office in your province by changing the two letters in the website address to your own. Association Xpertise Inc www.axi.ca johnhennessyfoundation.com Contains info such as: - Specializing in Non-Profit Info - how to keep groups (non-profit) organized - various rules & regulations to follow On December 5, 2004, Grettie Hennessy’s only son and child, John Hennessy-Moore, 18 years old was killed when the pipe system he was working on that was not properly bolted and/or clamped down, moved off the I-Beam’s and struck John in the face and head, at a Husky Energy Plant in Lloydminster, SK. This web site and the John Hennessy Workplace Head Injury Foundation, was developed with a mission to improve the quality of life for survivors of traumatic workplace head injuries, serious brain damage and their families. CIWA is very pleased to say thank you to HRDC – Social Development Partnerships Program (SDPP) and the Office for Disability Issues, for the approval of funding through the “Organizational Capacity Building” support program for a three year term. This funding enables CIWA to continue providing valuable services and support to injured and disabled worker’s groups and individuals, and is, to a large extent, contingent upon their continued support of our organization. In part, this funding also provides the support required to publish this newsletter. Page 3 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CIWA/ACVAMT Activities CLC Winter Schools - 2005 - Harrison Hotsprings - Abbotsford, BC - CAW H&S Centre, Port Elgin, ON - Best Western, North Bay, ON Board of Directors Meetings - February 2005, Calgary, AB Day of Mourning Ceremonies – April 28, 2005 - Various activities across Canada INTERNET CCOH&S Convention, March 2005 - Toronto, ON Round Table Project – 2005 - Toronto, ON CLC H&S Committee Meeting, March 2005 - Ottawa, ON Chronic Pain Meeting, May 2005 Halifax, NS CLC Winter School We are hopeful in receiving funding once again through the HRD Summer Experience Program to be able to hire a Summer Student to help with our web site development and updates. The following is a report we received from the President of the Hamilton & District Injured Workers Group, Peter Page, who had attended the Winter School in Port Elgin, Ontario. For a number of years now, our Summer Students have assisted in creating, developing and updating our site. Each year different parts of our site take on a new look or feature, depending on the creativity and skills of the individual that we engage services with. ―My one week course at Port Elgin’s CAW training complex was quite educational and therapeutic. Being that I am an injured worker and have been out of the workforce since 2002, one can be nervous about reentering the working community, but I survived due in part to the friendly and welcoming environment fostered by the staff. INFORMATION & REFERRAL Our predominant tool of communication for information and referral continues to be via the internet. Whether individuals find and access our direct website through a search engine, or by word of mouth, we constantly receive requests from injured workers, their friends or relatives for information or direction on who to contact or where to go for assistance with their claim file. Because of the many injured worker groups that exist throughout Canada, we are usually able to refer them to someone within a close proximity to where they reside. The existing constant need for referral is endlessly apparent as too many persons injured in the workplace are unaware of the resources available to them or the problems and complications that could arise once they are injured or acquired a workplace related disease. Page 4 The course I chose was EFFECTIVE COMMUNICATIONS and MEDIA SKILLS. This course I felt would be helpful in my duties as President of the Hamilton & District Injured Workers Group. Our class learned public speaking and dealing with media, and overcoming stage fright. The whole experience was fun and educational and I would recommend the school to anyone who wants to improve old skills and learn new ones. I would like to thank the Canadian Labour Congress, Canadian Injured Worker Alliance and the Ontario Network of Injured Worker Groups for this wonderful opportunity and hope that the scholarship continues. Many injured workers need support in rebuilding their lives, so keep up the good work and remember there is strength in numbers. Peter Page, President HDIWG‖ �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Activités CIWA/ACVAMT Écoles d’hiver du CTC - 2005 - Harrison Hotsprings - Abbotsford, C.-B. - Centre SS TCA, Port Elgin, Ont. - Best Western, North Bay, Ont. Réunion du conseil d’administration - Février 2005, Calgary, Alb. Cérémonies du Jour de deuil national – 28 avril 2005 - Différentes activités au Canada Congrès du CCHST, mars 2005 - Toronto, Ont. Projet de table ronde – 2005 - Toronto, Ont. Réunion du comité SS du CTC, mars 2005 - Ottawa, Ont. Réunion sur la douleur chronique, mai 2005 Halifax, N.-É. INTERNET École d’hiver du CTC Nous espérons recevoir du financement encore une fois par l’entremise du Programme expérience été, de la DRH, afin de pouvoir embaucher un ou une stagiaire d’été qui verra à développer et à actualiser notre site web. Voici le rapport que nous avons reçu de la part du président du Hamilton & District Injured Workers Group, Peter Page, qui a assisté à l’école d’hiver à Port Elgin (Ontario). Il y a déjà quelques années que des stagiaires d’été nous aident à créer, mettre au point et actualiser notre site. Chaque année, différents volets de notre site changent d’allure selon la créativité et l’habileté de la personne embauchée. INFORMATION et AIGUILLAGE Notre principal outil de communication pour l’information et l’aiguillage continue d’être Internet. Que l’on accède à notre site web directement ou par un moteur de recherche, ou que l’on entende parler de nos services, nous recevons constamment des demandes de la part de victimes d’accidents et de maladies du travail, ou de la part de leurs parents ou amis, au sujet de l’endroit où s’adresser pour obtenir de l’aide au sujet d’une demande d’indemnité. Compte tenu des nombreux groupes de victimes d’accidents et de maladies du travail au Canada, nous sommes normalement en mesure de diriger ces personnes vers un ou une responsable proche de leur lieu de résidence. Il y a un réel besoin d’aiguillage permanent parce que trop de personnes victimes d’un accident ou d’une maladie du travail ignorent les ressources mises à leur disposition ou les problèmes et complications qui pourraient découler d’un accident ou d’une maladie du travail. « Mon cours d’une semaine au complexe de formation des TCA à Port Elgin a été une expérience éducative et thérapeutique. Je suis une victime du travail hors du marché du travail depuis 2002 et j’étais nerveux au sujet de la réintégration de ce marché; mais j’ai survécu à cela grâce en partie à l’ambiance amicale et chaleureuse créée par le personnel. Le cours que j’ai choisi a été EFFECTIVE COMMUNICATIONS & MEDIA SKILLS. J’ai déterminé que ce cours me serait utile en tant que président du Hamilton & District Injured Workers Group. Notre classe a appris des notions sur la façon de parler en public, de traiter avec les médias et de surmonter le trac. Cette expérience dans son ensemble s’est avérée amusante et éducative. Je recommande cette école à quiconque désire améliorer ses connaissances et en acquérir de nouvelles. Je désire remercier le Congrès du Travail du Canada, l’Alliance canadienne des victimes d’accidents et de maladies du travail et Ontario Network of Injured Workers Groups pour cet excellent cours; j’espère que les bourses seront maintenues. Plusieurs victimes d’accidents et de maladies du travail ont besoin de soutien pour refaire leur vie; donc, continuez votre bon travail et rappelez-vous que l’union fait la force! Peter Page, président du HDIWG « Page 5 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail ROUND TABLE – RTF/RTW It is now two years since CIWA has been actively involved on the Advisory Board with the Round Table Project. Members of the Round Table Project on ―Return to Function, Return to Work‖ (RTF/RTW) met in September 2004, in Toronto, Ontario. The goal of RTF/RTW is to give all disabled people the right to participate in a program that will be more meaningful and productive. Too many employers and insurance companies implement RTW programs in the best interest of themselves which are usually geared to fail the disabled person. Our belief is that only in implementing a team approach, will RTF/RTW be successful. The next meeting to finalize changes is planned for April 8, 2005. STRENGTHENING RELATIONSHIPS WITH ORGANIZED LABOUR CIWA’s representatives have attended spring & winter schools hosted by the Canadian Labour Congress (CLC), for a number of years now. Once again, CLC afforded us the opportunity for two of our representatives in two regions to attend CLC Winter School training sessions in Ontario and British Columbia. The feedback from the attendees to the Winter Schools is just fantastic. Even though the courses are naturally geared to the Labour Movement, our participants learn valuable information which they can use in their local injured worker organization. Participants this winter took part in courses such as: - Duties to Accommodate - Unions in the Community - Taking Back our Municipalities / Mobilizing Communities - Resolving Workplace Disputes & Conflicts - Effective Communications & Media Skills CLC 2nd National Disability Rights Conference The Canadian Labour Congress hosted it’s 2nd National Disability Rights Conference in November, 2004, in Montreal, Quebec, titled ―Doing MORE – Moving FORWARD‖. CIWA representatives attended this conference. Page 6 CAW Annual Compensation Conference – October 2004 News from the Ontario Network of Injured Workers Groups: The objective of the conference was to strengthen and deepen the CAW Workers’ Compensation ―Take It Back‖ campaign. Delegates voted unanimously in favour of the following recommendations: 1. Make Occupational Disease and RSI’s the focal point of activities 2. Organize for: - November 30th – Injured Worker Demo’s - RSI Day – February 28th - April 28th – Int’l Day of Mourning - June 1st – Injured Workers’ Day 3. Continue lobbying MPP’s with new cases 4. Educate our membership focusing on (but not limited to) occupational disease and RSI’s 5. Become an associate member of ONIWG - Participate in the newsletter committee and the political action committee 6. Establish a CAW Internal Occupational Disease Network The CAW will join with ONIWG and others to organize joint activities in areas such as Thunder Bay, Timmins, Windsor, London, Toronto and Hamilton. Congratulations to ONIWG on the support you are receiving! Good Job! BOARD OF DIRECTORS The CIWA Board of Directors has held their regular board meeting in February, 2005 in Calgary, AB in order to discuss the on-going operation and direction of the organization. The CIWA Board of Directors will hopefully meet again in the fall or winter of 2005/2006 sometime, (at minimum will meet via conference call), to continue to direct the organization and review its goals, activities, and current activity progress, and its outcomes and achievements. The Executives of the Board of Directors continue to meet on a regular basis to review financial statements and discuss ongoing issues. The Executives went to the National Office in Thunder Bay in January, 2005 in order to review financials, and offer assistance to the Office Manager. The CIWA sub-committees meet regularly to review plans and goals for CIWA. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance TABLE RONDE – RETOUR À LA FONCTION/RETOUR AU TRAVAIL Il y a déjà deux ans que l’ACVAMT participe activement au sein du comité consultatif du Projet de table ronde. Les membres du Projet de table ronde sur le retour à la fonction et le retour au travail se sont réunis en septembre 2004 à Toronto. L’objet de ce Projet est de permettre à toute personne handicapée de participer à un programme plus sensé et plus productif. Trop d’employeurs et de compagnies d’assurance introduisent des programmes qui visent plutôt leur propre intérêt et laissent tomber la personne handicapée. Nous croyons que c’est en adoptant une approche d’équipe que les programmes de retour à la fonction/retour au travail peuvent réussir. La prochaine réunion qui mettra la dernière main aux changements aura lieu le 8 avril 2005. PROJET DE TABLE RONDE Sur un retour à la Colloque annuel sur l’indemnisation des TCA – Octobre 2004 Nouvelles de Ontario Network of Injured Workers Groups (ONIWG) : L’objet du colloque était de renforcer et d’approfondir la campagne Take It Back sur l’indemnisation des travailleurs et travailleuses TCA. Les délégués ont voté à l’unanimité en faveur des recommandations suivantes : 1. Faire des maladies professionnelles et des microtraumatismes répétés le point central des activités. 2. S’organiser pour : - 30 novembre – manifestation des victimes d’accidents et de maladies du travail - Jour des microtraumatismes répétés – 28 février 3. 28 avril – Jour de deuil international - 1er juin – Jour des victimes d’accidents et de maladies du travail 4. Maintenir la pression sur les députés provinciaux avec de nouveaux cas. 5. Éduquer nos membres en mettant l’accent sur les maladies professionnelles et les microtraumatismes répétés sans s’y limiter. 6. Devenir un membre associé d’ONIWG - Participer au comité du bulletin d’information et au comité d’action politique. 7. Établir un réseau interne TCA de maladies professionnelles. fonction/retour au travail sécuritarie et oportun Les TCA se joindront à ONIWG et à d’autres organismes afin d’organiser des activités conjointes à Thunder Bay, Timmins, Windsor, London, Toronto et Hamilton. RESSERRER LES LIENS AVEC LE MOUVEMENT SYNDICAL Félicitations à ONIWG pour l ‘appui que vous recevez! C’est du beau boulot! Pour un processus qui appuie la personne Cela fait quelques années que les représentants et représentantes de l’ACVAMT participent à des écoles de printemps et d’hiver organisées par le Congrès du Travail du Canada (CTC). Encore une fois, le CTC a donné l’occasion à deux de nos représentants dans deux régions de participer à des sessions de formation d’hiver en Ontario et en Colombie-Britannique. Les réactions des participants et participantes aux écoles d’hiver sont tout simplement étonnantes. Même si ces cours sont naturellement orientés vers le mouvement syndical, nos participants et participantes acquièrent des renseignements utiles qu’ils peuvent appliquer à leur groupe local de victimes d’accidents et de maladies du travail. Deuxième colloque national sur les droits des personnes handicapées du CTC Le Congrès du Travail du Canada a tenu son Deuxième colloque national sur les droits des personnes handicapées en novembre 2004 à Montréal sous le thème de « Doing MORE — Moving FORWARD (Faire davantage — Aller de l’avant) ». Des représentants de l’ACVAMT ont participé à ce colloque. CONSEIL D’ADMINISTRATION Le conseil d’administration de l’ACVAMT a tenu sa réunion régulière en février 2005 à Calgary afin de discuter du fonctionnement continu et de l’orientation de l’organisme. Il est à espérer que le conseil d’administration de l’ACVAMT puisse se réunir à nouveau à l’automne ou à l’hiver 2005-2006; il y aura au minimum une conférence téléphonique afin de continuer à diriger l’organisme et à discuter des objectifs, activités et réalisations. Les directeurs et directrices du conseil continuent à se rencontrer régulièrement pour étudier les états financiers et discuter des questions courantes. Les directrices et directeurs se sont rendus au siège social de l’ACVAMT à Thunder Bay en janvier 2005 pour examiner les états financiers et offrir de l’aide à la directrice du bureau. Les sous-comités de l’ACVAMT se rencontrent régulièrement pour étudier les plans et objectifs de l’organisme national. Page 7 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CHRONIC PAIN CIWA is proud to be part of a very important organization, the Canadian Pain Coalition (CPC). In the last year the CPC has been working hard at ensuring that persons suffering from chronic pain are receiving proper care and recognition. The CPC has been busy to accomplish having a motion brought to the House, with the support of the Senate to declare ―National Pain Awareness Week‖, which will be the first week in November every year. In November 2004, the Canadian Injured Workers Alliance attended a Gala Fundraising event in Toronto, Ontario to raise money to kick off the ―National Pain Awareness Week‖. The next Gala Fundraising Event is currently being planned for November 3, 2005. The CPC is in the process of becoming incorporated, having their constitution and bylaws in place. They have a web site up and running and you can explore it at: www.painhurtscanada.ca The next meeting is planned for May 13 - 16, 2005 in Halifax, NS. Severance Pay - Law Overturned: Disabled workers must get same compensation ! Employment Standards Act (ESA) section violates charter of rights ! A section of the ESA entitles employers to refuse severance pay to employees whose ability to remain on the job has been ―frustrated‖ as a result of an illness or injury. Basically, the employer would be off the hook for providing severance pay to an employee who had a long-term illness. The Ontario Court of Appeal said that this legislation violates the Charter, and affects a crucially important aspect of the dignity of disabled people by denying them equal treatment & compensation in employment. The Ontario Court of Appeal ruled in a case in Toronto, Ontario where a nurse employed for 13 years by Mount Sinai Hospital, was sent a termination letter after being unable to return to work (RTW) after a non-work related injury she had suffered in August of 1995. She had tried several times to return to work, but suffered a relapse in January of 1996, and was approved for long-term disability benefits. Medical doctors were unable to determine when she might be able to RTW. The Attorney General and the lawyer for the hospital argued the ESA legislation for severance pay was meant to compensate workers moving ahead to new employment and was not discriminatory because ―employees unable to work because of injury or illness are unlikely candidates for returning to the workforce‖. Page 8 The Ontario Nurses’ Association argued that the purpose of severance pay was intended to compensate long-serving employees for their years of service and investment in their employers’ business. The court said that the hospital and government’s position reflects a stereotypical presumption about the adaptability, industry and commitment to the workforce of persons with disabilities sever and enduring enough to frustrate their employment. This generalization can only perpetuate and promote the view that disabled individuals are less worthy of recognition, value as human beings, and members of the Canadian Society.‖ Last year the Division Court ruled the legislation was unconstitutional because it denied disabled employees an employment benefit to which they would be entitled, just like other workers, were it not for their disability. Phil Brake, National Coordinator for the Canadian Injured Workers Alliance, called the decision a ―positive step‖ for injured workers. He said it would encourage employers to try harder to accommodate employees before letting them go. ―To our knowledge, Ontario is the first to do something like this,‖ he said in an interview from Newfoundland. The Hospital has 60 days to decide whether to seek an appeal to the Supreme Court of Canada. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance DOULEUR CHRONIQUE L’ACVAMT est fière de faire partie d’un organisme très important, la Coalition canadienne contre la douleur (CCD). Au cours de l’année écoulée, la CCD a œuvré très fort pour s’assurer que les personnes souffrant de douleurs chroniques reçoivent des soins appropriés et une reconnaissance. La CCD a déployé de gros efforts pour faire adopter une proposition à la Chambre, avec le soutien du Sénat, reconnaissant, chaque année, la première semaine de novembre comme étant la Semaine nationale de la sensibilisation sur le problème de la douleur. En novembre 2004, l’Alliance canadienne des victimes d’accidents et de maladies du travail a participé à un gala bénéfice à Toronto afin de recueillir des fonds pour lancer la Semaine nationale de sensibilisation sur le problème de la douleur. Le prochain gala bénéfice aura lieu le 3 novembre 2005. La CCD est en voie de se constituer en personne morale, ayant déjà adopté sa constitution et ses règlements. Elle a son site web que vous pouvez consulter à www.painhurtscanada.ca La prochaine réunion est prévue pour les 13 au 16 mai 2005 à Halifax. Indemnité de départ – Loi annulée : Les travailleuses et travailleurs handicapés doivent recevoir la même indemnisation! Un article de la Loi sur les normes d’emploi viole la Charte canadienne des droits! Un article de la Loi sur les normes d’emploi permet aux employeurs de refuser une indemnité de départ aux employés dont la capacité de demeurer au travail a été « contrecarrée » comme résultat d’une maladie ou d’une lésion. Fondamentalement, l’employeur ne serait pas tenu de fournir une indemnité de départ à un employé ou une employée ayant une maladie de longue durée. La Cour d’appel de l’Ontario a déclaré que cette loi transgresse la Charte et porte atteinte à un aspect d’une importance cruciale de la dignité des personnes handicapées en leur refusant une indemnité et un traitement égaux dans leur emploi. La Cour d’appel de l’Ontario a pris une décision dans un cas à Toronto où une infirmière employée depuis 13 ans par l’hôpital Mount Sinai a reçu une lettre de fin d’emploi après ne pas pouvoir réintégrer ses fonctions à la suite d’une lésion non liée à son emploi subie en août 1995. Elle avait essayé à plusieurs reprises de retourner au travail mais avait connu une rechute en janvier 1996, puis avait été admissible aux prestations d’invalidité de longue durée. Les médecins ne pouvaient pas déterminer à quel moment elle pourrait retourner au travail. Le procureur général et l’avocat de l’hôpital avaient fait valoir que cette loi sur l’indemnité de départ visait à indemniser les travailleurs et travailleuses qui se dirigent vers un nouvel emploi et qu’elle n’est pas discriminatoire parce que « les employés ne pouvant pas travailler par suite de lésion ou de maladie sont des candidats et candidates peu susceptibles de retourner sur le marché du travail ». L’Association des infirmières et infirmiers de l’Ontario a pour sa part dit que l’objet de l’indemnité de départ était d’indemniser les employés pour leur long état de service et pour leur investissement dans l’entreprise de l’employeur. La cour a déclaré que la position de l’hôpital et du gouvernement reflétait une présomption stéréotypée au sujet de l’adaptabilité, de l’industrie et de l’engagement envers la main-d’œuvre des personnes ayant des incapacités graves et assez durables pour contrecarrer leur emploi. Cette généralisation ne peut que perpétuer et encourager la conception selon laquelle les personnes handicapées sont moins dignes de reconnaissance et de valeur en tant qu’humains et membres de la société canadienne. L’année dernière, la Cour de secteur a décidé que la loi était inconstitutionnelle parce qu’elle refuse aux employés handicapés une prestation d’emploi à laquelle ils auraient droit, tout comme les autres travailleurs et travailleuses, si ce n’était de leur incapacité. Phil Brake, coordonnateur national de l’Alliance canadienne des victimes d’accidents et de maladies du travail, a qualifié la décision de mesure positive pour les victimes d’accidents et de maladies du travail. Il a dit qu’elle encouragerait les employeurs à s’efforcer davantage pour accommoder les employés avant de les licencier. « À notre connaissance, l’Ontario est la première province à agir dans ce sens », a-t-il déclaré dans une entrevue à Terre-Neuve. L’hôpital a 60 jours pour décider s’il ira en appel devant la Cour suprême du Canada. Page 9 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Chronic Pain: The Manitoba Federation of Labour – Occupational Health Centre located in Winnipeg, MB has developed a program by physician Rob Chase, to help workers with musculoskeletal injuries, where the pain has spread to other areas. This pilot program is called ―Stretch, Massage, Breathe,‖ or ―SMB‖. OHC Clients having difficulties with chronic pain, discomfort and disability, meet once a week for a twoand-a-half hour session that includes education and exercise based on Yoga, self awareness and massage, and home based self-management of pain. This program is intended to help injured workers better understand their injury and develop practical skills to better manage their condition. The results of this program seem to be quite positive. According to follow-up studies, program participants have reduced their perceived level of pain and continue to reduce their pain in the months following the program. For more information visit the MFL Occupational Health centre website at: www.mflohc.mb.ca Phone: 204-949-0811 Email: mflohc@mflohc.mb.ca OFL / FOL DAY OF MOURNING STATS: The Ontario Federation of Labour provided a report of all Workplace Claims made with and accepted by WSIB. Interestingly, between 1980 and 2004, the average number of annual fatalities is 284 – which shows 325 in 1980 and 328 in 2004. At the time of this report, outstanding decisions for fatality claims were as follows: - 76 from 2002 - 35 from 2003 - 123 from 2004 These figures are not included in the stats. The majority of pending claims are for occupational disease, which now accounts for over 60% of the allowed fatal claims. Not reflected here is the true toll taken by occupational disease, estimated to be as high as 6,000 Ontario workers annually. This comes from a study entitled ―Occupational Disease & Workers’ Compensation‖, prepared by Dr. Annalee Yassi for Paul Weiler’s inquiry into the Ontario compensation system. Occupational cancer makes up a significant portion of occupational disease. In addition to the human Page 10 suffering, the health care costs of these cancers range from 130 million dollars to 500 million dollars. If the occupational cancers were recognized, most of this money would be reimbursed to the Ontario health care system by the WSIB. Few workers make the connection between their ill health and the unhealthy workplace exposures they’ve had over the years. In 2004, only 384 fatal occupational disease claims were made to the WSIB. In 1991, Bill C-223, An Act Respecting a Day of Mourning for Persons Killed or Injured in the Workplace, a Private member’s Bill sponsored by Rod Murphy, NDP M.P., passed through all stages of the House of Commons and Senate. The bill, which now proclaims April 28 of each year as a National Day of Mourning, received royal assent on February 1, 1991, and is now law. According to the International Confederation of Free Trade Unions (ICFTU), commemoration activities are held in over 70 countries around the globe. �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Douleur chronique : Le centre de maladies professionnelles de la Manitoba Federation of Labour, situé à Winnipeg, a mis au point un programme du Dr Rob Chase pour venir en aide aux travailleurs et travailleuses ayant des lésions musculosquelettiques quand la douleur s’est répandue à d’autres parties du corps. Ce programme pilote s’appelle Stretch, Massage, Breathe (SMB) (s’étirer, masser, respirer). Les clients et clientes ayant des problèmes de douleur chronique, d’inconfort et d’incapacité se rencontrent une fois par semaine pour une session de deux heures et demie qui comprend de l’éducation et des exercices basés sur le yoga, la prise de conscience de soi et des massages; il y a aussi la gestion de la douleur à domicile. Ce programme vise à aider les victimes d’accidents et de maladies du travail à mieux comprendre leur lésion et à développer des moyens pratiques pour mieux gérer leur état. Les résultats de ce programme semblent être très positifs. Selon des études de suivi, les participants et participantes ont réduit leur niveau de perception de la douleur et continuent à réduire leur douleur au cours des mois qui suivent le programme. Pour obtenir plus de renseignements, visitez le site web du centre de maladies professionnelles de la Manitoba Federation of Labour : www.mflohc.mb.ca Téléphone : 204-949-0811 Courriel : mflohc@mflohc.mb.ca STATISTIQUES SUR LE JOUR DE DEUIL FTO : La Fédération du travail de l’Ontario a émis un rapport sur toutes les demandes d’indemnité faites auprès de la CSPAAT et acceptées par celle-ci. Il est intéressant de constater qu’entre 1980 et 2004, la moyenne annuelle de décès était 284, soit 325 en 1980 et 328 en 2004. Le cancer professionnel occupe une part importante des maladies professionnelles. Outre la souffrance purement humaine, le coût de santé de ces cancers varie de 130 millions à 500 millions de dollars. Si les cancers professionnels étaient reconnus, la plupart de cet argent serait remboursée au système de santé ontarien par la CSPAAT. Au moment de publier ce rapport, les décisions en suspens pour les demandes d’indemnité pour décès s’établissaient comme suit : - 76 en 2002 - 35 en 2003 - 123 en 2004 Ces chiffres ne figurent pas dans les statistiques. Peu de travailleurs et de travailleuses font le lien entre leur mauvaise santé et l’exposition à un lieu de travail insalubre pendant des années. En 2004, seulement 384 demandes d’indemnité pour maladie professionnelle mortelle ont été déposées auprès de la CSPAAT. La majorité des demandes en suspens concerne les maladies professionnelles, qui représentent maintenant plus de 60 % des demandes d’indemnité accordées pour des décès. l'institution d'un jour de compassion pour les personnes tuées ou blessées au travail, soit un projet Ces chiffres ne tiennent pas compte du nombre réel attribué aux maladies professionnelles, lequel est estimé à autant que 6 000 travailleurs et travailleuses d’Ontario chaque année. Ce chiffre provient d’une étude intitulée Occupational Disease & Workers’ Compensation réalisée par le Dr Annalee Yassi dans le cadre de l’étude de Paul Weiler sur le système d’indemnisation de l’Ontario. En 1991, le projet de loi C-223, Loi concernant de loi d’un membre privé présenté par Rod Murphy, député NPD, a passé toutes les étapes de la Chambre des communes et du Sénat. Ce projet de loi qui proclame désormais le 28 avril de chaque année Jour de deuil national, a reçu la sanction royale le 1er février 1991 et est maintenant loi. D’après la Confédération internationale des syndicats libres (CISL), il y a des activités commémoratives dans plus de 70 pays partout dans le monde. Page 11 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail CPP / LTD / WCB - Benefits / Pensions Request from an Injured Worker: Dear Sir/Madam: I was injured at work in Nov/1995, and received WSIB / WCB benefits for 6 months. The WCB terminated my benefits based on a pre-existing impairment. me alive during the past 9 years, however also having to borrow money, and redeem retirement bonds before maturity. I appealed this decision with the assistance of the Office of the Worker Advisor, and was successful in having the WSIB decision overturned in Nov/2004. I have lost my retirement savings and investment interest, and paid interest on borrowed money which would have all been unnecessary if the WSIB had not erroneously terminated my compensation benefits. The WSIB has to pay me retroactively. I have been advised by the WSIB adjudicator that the money I have been receiving from the CPP Disability fund will be deducted from my back pay. How can this be? The CPP benefit is federal, while the WSIB is provincial, is it not? The CPP-D benefit kept ON – In Ontario the WSIB will not pay the worker full benefits if the worker is receiving benefits from an alternative source for the same disability. The WSIB will deduct the CPP, or an employees’ revenue from a private insurance policy, when benefits are paid for the same disability. WSIB is not taxable, but CPP is taxable. Therefore if there is a choice between collecting benefits from both agencies, and if the WSIB is going to deduct the CPP in any event, then the injured worker should collect the full payment from the WSIB with no income tax. If there are other reasons for collecting other benefits from CCP-D, or another LTD benefit, then those reasons should be clearly More information on this subject is available on the CPP web site under CPP Policy Review. Rodger, Ontario BC – British Columbia follows the general rules dictated with union contracts. A person receiving WCB benefits for an injury, is entitled to immediately apply for LTD upon which WCB benefits are discontinued. Various LTD plans allow the individual to collect benefits until 60 or 65 (dependent on occupation). Medical and superannuation coverage continues until Page 12 If someone could shed some knowledge on these matters, I would certainly appreciate your assistance. Thank You, Injured Worker in Ontario retirement. The employer pays all medical benefits and superannuation costs on behalf of the worker. Upon retirement, the employee receives company pension, CPP and OAS (age 65). Many private industry employers provide benefits which entitle their employees to apply for LTD. However, in most cases, the LTD entitlement is for a very limited time. When the LTD benefits expire, the employee must apply to the Canada Pension Plan for Disability benefits. The CPP-Disability benefits are calculated according to the total contribution that the applicant has credited. In many cases, the payment is very low, and the worker can apply to BC Social Assistance for Disability Benefits. However, when on BC Disability Benefits, there is no medical coverage included. So it is an additional expense to the worker. BC Social Assistance benefits are about $800.00 per month, but medical, prescription, eyeglasses, bus passes ($43.00/yr) are covered At age 65, the person may receive a company pension, plus Canada Pension and Old Age Security. Lee, BC �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance AB – In Alberta, an LTD plan is usually jointly funded by the employer and the employee. Most LTD plans ensure that you receive 70% of your pre-disability salary, up to a maximum of $3,000 per month. If any of the following sources of other income are received, the LTD benefit will be reduced by the amount of income you receive from these other sources: - CPP Disability, - WCB benefits - Any other employer-sponsored group disability plan benefits - Self Employment Income or ―Other‖ Income - Benefits awarded by a Crime Compensation Board Benefits from Public Service Super Annuity Act (PSSA) Disability Insurance Benefits payable under the legislation of any government Income replacement benefits under a no fault auto insurance plan Any amounts receive under a third part damage award. LTD’s are considered a taxable income. Gerry, AB Ontarians with Disabilities Act – Act Two: Disabled workers must get same compensation ! Employment Standards Act (ESA) section violates charter of rights ! Information from an article in ―Total Access‖ a Canadian Paraplegic Association magazine and the Ministry of Citizenship and Immigration Website Queen’s Park – The Ontario legislature today passed a historic law that will make Ontario a world leader in breaking down barriers for people with disabilities. The act will take effect on royal assent and will require government to work with partners to jointly develop standards to be achieved in stages of fives years or less, leading to a fully accessible Ontario in 20 years. The new legislation, the Accessibility for Ontarians with Disabilities Act (AODA) promises to improve accessibility in workplaces and public spaces and improve access to employment, customer service, communications and transportation. The scope of the proposed legislation would be much broader than the previous legislation. For the first time, it would include the private sector, as well as government and the broader public sector. Under the proposed act, people with disabilities, stakeholders and the provincial government would develop standards that could deal with the width of aisles in buildings, staff training in serving customers with disabilities, large print menus or adaptive technology in the workplace. These standards would address the full range of disabilities and barriers including physical, mental, sensory, developmental and learning disabilities. According to Statistics Canada, there are approximately 1.5 million Ontarians with a disability – or about 13 per cent of the population. By 2025, it’s expected this number will increase to 20 per cent of the population – or three million people. To find out more about the Act, visit the ministry of Citizenship and Immigration website at: www.gov.on.ca/citizenship/accessibility/ Ergonomic Issues in Ontario Workplaces: Cathy Walker, Director of Health & Safety Dept. for CAW-Canada is currently a worker rep on the Minister’s panel looking at ergonomic issues in Ontario Workplaces. The first meeting of the Ontario Ministry of Labour’s Sub-committee on Ergonomics met on March 7, 2005. Members include the Minister’s Parliamentary Secretary, Kevin Flynn, as well as: Wayne Samuelson, OFL; Nancy Hutchison, Steelworkers; Maureen Shaw, IAPA; Mark Nantais, CVMA; John Macnamara, BCOHS. Assisting as well are the staff of WSIB & MOL. The Sub-committee plans to meet monthly to discuss issues such as codes of practice, regulations, best practices, policy and enforcement with an aim of reducing musculoskeletal injuries. A report to the Minister will be prepared and submitted by the beginning of September 2005. Page 13 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail WCB’s Failing Injured Workers: A summary of an article written by D.M. Boyle, a counselor and activist who is committed to fighting the injustices committed by WCB’s across Canada. His article appeared in Straight Goods, an internet based media publisher. For more information, or other related articles visit: www.straightgoods.com Will Workers’ Compensation protect you and your income if you have an injury at work? For up to five percent of workers who have permanent injuries, that answer is ―no‖. They have been denied benefits from Workers’ Compensation Boards and have no recourse or formal advocate to act on their behalf. The history of Workers’ Compensation in Canada begins in 1910. The WCB was conceived by the then Chief Justice of Ontario, Sir William Meredith. In his report to the provincial Conservative party he outlined what are now commonly referred to as the Meredith Principles: - No fault compensation - Collective Liability - Security of Payment - Exclusive Jurisdiction - Independent Board Since then, these principles have been so manipulated that it’s hard to see what is principle and what is simply a guideline. Accusations and claims have been mad that WCB’s practices unlimited authority over the injured worker. Medical practitioners have been threatened to change their reports to suit the adjudicator’s decision, or have their fee payment withheld. A seriously injured worker who is not likely to work again, and if their WCB claim is denied, another government agency is naturally pursued to help them with their daily living expenses, not to mention the medical treatments, medication, and so on. This is costing tax payers millions of dollars, when Worker’s Compensation is funded by employers, and across Canada they have assets worth billions of dollars. Injured workers cannot sue their employers, they cannot complain to the Human Rights commission, nor are they protected under the Canada Health Act. They can be misdiagnosed and mistreated. Even their unions discard them for not being able to keep up the dues. Injured Worker support groups are popping up daily on the internet. There you can find doctors and adjudicators names to help protect injured workers. They also warn injured workers to keep a copy of their own medical records and transcripts in case they somehow ―disappear‖ from their WCB files. A lot needs to be done to improve the Workers’ Compensation System in this country. All of us have a role to play to make that happen. Just because you are injured on the job doesn’t mean that you have to suffer for the rest of your life. Events to Remember April 28, 2005 International Day of Mourning February 28, 2005 RSI Awareness Day May 1 – 7, 2005 North American Occupational Safety and Health Week (NAOSH) June 1, 2005 Injured Workers Day April 17 – 23, 2005 National Volunteer Week 1st Week in November National Pain Awareness Week Page 14 �Alliance canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Miscellaneous RECOGNIZING A STROKE Sometimes symptoms of a stroke are difficult to identify. Unfortunately, the lack of awareness spells disaster. The stroke victim may suffer brain damage when people nearby fail to recognize the symptoms of a stroke. Now doctors say that a bystander can recognize a stroke by asking the individual three simple questions: 1. SMILE. 2. RAISE BOTH ARMS. 3. SPEAK A SIMPLE SENTENCE. If he or she has trouble with any of these tasks, call 9-1-1 immediately and describe the symptoms to the dispatcher. After discovering that a group of non-medical volunteers could identify facial weakness, arm weakness and speech problems, researchers urged the general public to learn the three questions. They presented their conclusions at the American Stroke Association's annual meeting last February. Widespread use of this test could result in prompt diagnosis and treatment of the stroke and prevent brain damage. A cardiologist stated that if every person who receives this e-mail sends it on to 10 people, you can bet that at least one life will be saved. Fun with Words Arbitrator: A cook who leaves Arby’s to work at McDonalds. Avoidable: What a bullfighter tried to do. Bernadette: The act of torching a mortgage. Burglarize: What a crook sees with. Control: A short, ugly inmate. Counterfeiters: Workers who put together kitchen cabinets. Eclipse: What an English barber does for a living. Heroes: What a guy in a boat does. Left bank: What the robber did when his bag was full of money. Misty: How golfers create divots. Paradox: Parasites: Pharmacist: Polarize: Primate: Relief: Rubberneck: Selfish: Sudafed: Two physicians What you see from the top of the Eiffel Tower. A helper on the farm. What penguins see with. Removing your spouse from in front of the TV What trees do in the spring. What you do to relax your wife. What the owner of a seafood store does. Brought litigation against a government official. Congratulations! Mr. Dave MacKenzie – a long time Board of Director with CIWA/ACVAMT was recently elected in his home town of Westville Pictou County, Nova Scotia as Town Counsellor for a 4 Year Term. Congratulations !!! We’d like to extend our Sincerest Best Wishes to him during his term. Page 15 �Canadian Injured Workers Alliance Alliance canadienne des victimes d’accidents et de maladies du travail Our Goals CIWA/ACVAMT Is about SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada.  To work towards a just  INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers Groups must be democratically controlled by injured workers.  PARTNERSHIPS  We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels.   INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives.  system of compensation, rehabilitation and reemployment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. Publications Available         The VOICE OF INJURED WORKER PLAIN TALK HOW TO IMPROVE RELATIONS BETWEEN INJURED WORKERS & ORGANIZED LABOUR REPORT ON RELATIONS WITH LABOUR SESSION AT CIWA NATIONAL CONFERENCE, REGINA 1992 RETURNING TO WORK VOC REHAB & RE-EMPLOYMENT FROM THE INJURED WORKER'S PERSPECTIVE INJURED WORKERS … ON THE MOVE COMING TOGETHER VIDEOS & WORKBOOKS  YOUTH PROJECT MANUAL, 2002  SURVIVORS, 1997  TOGETHER WE CAN WIN, 1997  PEER HELPER TRAINING MANUAL, 2000 - "PEOPLE HELPING PEOPLE"  LE COMBAT QUOTIDIEN DES VICTIMES DU TRAVAIL, 1999 To find out more, please contact us at: CIWA/ACVAMT P.O. Box 10098, 1201 Jasper Drive Thunder Bay, ON P7B 6R2 Ph: 807-345-3429 Fx: 807-344-8683 Toll Free: 1-877-787-7010 Email: ciwa@vianet.ca Web Site: www.ciwa.ca Connect with an injured workers group near you. Check out our web site at: www.ciwa.ca and click on "Who to Contact"  OR  Call our office at (807) 345-3429 or Toll Free at 1-877-787-7010 This Newsletter is intended to share information of interest to injured workers/ groups / organizations, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Printed by CUPE 87 / Imprimé par le SCFP 87 Page 16 � Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Spring/Summer 2005 Description An account of the resource Upcoming CIWA activities. Articles about RTF/RTW Round Table, the CLC 2nd National Disability Rights Conference, CAW annual compensation conference, CIWA board of directors meeting, chronic pain, OFL Day of Mourning stats, a law that meant employers didn't have to provide disabled workers severance pay being overturned, rules around benefits and pensions for disabled workers in Ontario, British Colombia and Alberta, the Ontarians with Disabilities Act, ergonomic issues in Ontario workplaces, WCB failing injured workers, recognizing a stroke. Jokes and events. Creator 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 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/a3ed7131d87f52b291b4d4ce066826ca.pdf 5bfe96644e78814e048dc65014eed127 PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Focus on Chronic Pain We are pleased to bring you our summer edition of our national newsletter, Highlights. This issue contains some interesting reading beginning with our lead article “The Denial of Chronic Pain” by Dr. Robert Teasell. Dr. Teasell has done his homework quoting from numerous studies that point to the medical causes of pain. These are often ignored by governments which are focusing on cutting costs rather than the reality of people suffering from chronic pain. We then track the policy and practices of the Provincial and Territorial WCB’s in their treatment of chronic pain. Clearly, they are more interested in cutting costs rather than providing appropriate support and treatment. The real story is hidden behind these WCB policies. It is the story of real people suffering in pain every day, dealing with depression and hardships that effect the whole family. Also inside is information about our National Speakers Bureau project and letters to the editor - one of which announces a new website and chatline; injuredworkers online. Talking to each other and sharing our experiences helps to build our knowledge and confidence which makes dealing with the system that much easier. We encourage you to plug in. Tune in to injuredworker online, invite one of our speakers out to your next meeting, share your story with others or drop us a line to be incuded in the next newsletter. And as Jeff Collette says in his letter after winning his case, “Now focusing on justice for others.” Table of Contents Projects .................................. 2 Provincial Updates ....... 3 - 15 Letters to the Editor ........ 16 CIWA Info ........................... 18 1 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects For more information on any of our projects, give us call at 807-345-3429 TOGETHER WE CAN WIN SPEAKERS BUREAU Our video and workbook are receiving a very positive response. It is only 8 months since the national launch of these resources and we have just completed the third printing. Returning to Work As well, the Canadian Labour Congress invited us to show this video at the opening session of their National Health & Safety Conference on June 21st in Toronto. Give us a call to get your own copy. STAFF AT THE OFFICE We regret to announce that Tara Lewis will be leaving us for greener pastures in Nova Scotia by the end of July. She has been such a wonderful, independent, caring, hard-working bonus to our office, that words alone cannot possibly express how sorry we are to see her go. Good Luck ! We have recently hired a summer student under the “Summer Experiences Program” through funding from the Ontario Ministry of Citizenship. This student will update and develop our website over the next 2 months. Keep your eyes peeled for a new and improved site! 2 We now have 53 trained presenters from local injured workers groups all across the country. They are prepared to come out to any local meeting to give a 15 - 30 minute talk on the experiences of injured and disabled workers. A complete list of these presenters is available from CIWA. The presentation is accompanied by a series of illustrated overheads, a handout on “How you can help” and a display table of additional information and resource materials. The response so far has been enthusiastic. Presentations have been made to local union meetings, health and safety committee meetings, the WCB’s in Nova Scotia, Saskatchewan & Alberta, the Manitoba Federation of Labour, WCB Committees, Community Meetings and Injured Workers meetings, only to name a few. This project is a partnership with the Canadian Labour Congress and our local injured workers groups. Arrange for one of our presenters to deliver a presentation at your next local meeting ! Thanks to the HRDC for supporting this project. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance C.I.W.A. Board Members BC... Vacant …………………………………….. AB ... Vacant …………………………………… SK... Robert Lindsay, Regina Saskatchewan Injured Workers Society MN... Wayne Desiatnyk, Winnipeg Injured Workers of Manitoba ON... Joan Crevar, Hamilton Ontario Network of Injured Workers Groups QC... Liane Flibotte, Montreal l‟ATTAQ NF... Phil Brake, Labrador City U.S.W.A. NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Westville Pictou County Pictou County Injured Workers Assoc. PEI... Vacant ADVISORS… Andy King, USWA Orlando Buonastella & Marion Endicott, IWC Provincial Updates: Focus on CHRONIC PAIN The next issue of the newsletter will focus on ORGANIZING. We welcome your contributions. Please send, fax or e-mail your submissions, letters or comments to us by September 10th, 1998. The Denial of Chronic Pain Dr. Robert Teasell There is a current and disconcerting trend towards dealing with chronic pain and its subsequent disability by denying its reality. The reason for this has been primarily cost containment and cost reduction. The monograph on Back Pain in the Workplace probably best reflected this philosophy wherein pain was defined as activity intolerance and disability as unemployment. Recently Bill 99 in the Ontario legislature has put forward changes in the Workers‟ Compensation Board‟s provision which in essence would limit patients‟ medical and compensation entitlements to anywhere from 6-13 weeks depending upon the nature of their job. Responsibility for rehabilitation and getting the employee back to work would be transferred to the employer. Undoubtedly, accommodations by employers are essential in enabling injured workers to successfully return to some form of employment. However, under the new proposal, the employer is only responsible for trying to provide suitable or comparable work and the temptation to deny workers‟ injuries, particularly in non-union environments, will no doubt be high. This approach is a radical departure from previous policies. Models of chronic pain management through denial are based on the proposition that chronic pain occurs as a consequence of compensation and inappropriate treatment. Moreover, they emphasize the outmoded concept that soft tissue injuries heal after six weeks and cling to increasingly irrelevant behavioural models of chronic pain. The irony of developments is that they come at a time when we understand the physiological basis of chronic pain better than ever before. As well, the concepts that chronic pain are largely secondary to compensation or psychological factors have been largely refuted. Scientific evidence of a 3 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance physiological causation for ongoing chronic pain is well-recognized and even the biopsychosocial model recognized the importance of organic factors in chronic pain. Chronic pain disorders generally develop after a repetitive low impact type of trauma or a single high impact trauma. Much of the debate regarding persistent pain revolves around the normal anticipated time for musculoligamentous healing to occur. There has long been misconception that all injuries should heal after six weeks. This rationale is based on a few animal studies and the clinical experience that the majority of injuries do improve within six weeks. However, clinical experience and follow-up studies clearly demonstrate that not all patients necessarily get better and that there is a significant subset who continue to suffer from chronic symptoms. Some become disabled, depending upon both the intensity of pain and psychosocial factors, such as the type of employment they are involved in. Ironically, in sports medicine it is well recognized many professional and non-professional athletes have longstanding injuries which are soft tissue in nature, which do not get better with time, or which require many months of therapy and abstention from sports. Such injuries have terminated many promising careers. The legislation in Bill 99 for the WCB of Ontario proposes standards for injured workers which could not be met by many professional athletes, despite the fact that they are highly motivated and in top physical shape, have the best medical care and trainers and receive full compensation even when injured. Fortunately, such individuals are not included in this proposed legislation which, if extended to prominent athletes, would result in a public outcry. The evidence that chronic pain has an organized etiology is growing and has become increasingly compelling. In the area of whiplash injuries, the work of Bogduk and associates in Australia has been particularly interesting in that they have been able to 4 demonstrate that when local anaesthetics are used to block cervical facets joints a majority of appropriate patients experience reduction in their pain far in excess of that from placebo injections. In addition, they have shown in a controlled trial that percutaneous neurotomies denervating these same facet joints will significantly reduce or eliminate the pain of these individuals for periods in excess of six months. It is interesting that this highly impressive research is largely ignored outside and to some extent within the academic community. There is also impressive evidence of significant biochemical abnormalities in disorders such as fibromyalgia where three independent studies have demonstrated levels of substance P in the cerebral spinal fluid 2 - 3 times that of normal control. As well, we know that based upon animal data there is significant evidence of neuroplasticity in the spinal cord in response to pain stimuli which could account for the clinical picture of regional pain syndromes. In these conditions neurotransmitters such as substance P have also been implicated. More recently altered regional cerebral blood flow have offered opportunities to actually document a physiological evidence about pain, the scientific evidence does not appear to be reaching legislators or those clincians who seem determined, based on ideology, to impose draconian alternative paradigms to deal with chronic pain and in particular its associated disability. To justify such an approach psychosocial factors are often implicated as causative. However, a wave of recent research has demonstrated that psychological factors are more secondary to pain than causative. The high incidence of psychological problems seen in tertiary care clinics reflects tertiary care selection biases and the literature, which largely arises from such clinics, clearly displays this bias. In fact, the problem may be more related to the chronic pain patient‟s unwillingness to accept (and subsequently adapt to) their pain and its limitation. Psychological difficulties occurring as a consequence of the pain and subsequent disability are often misinterpreted as causative. Individual coping mechanisms vary but this is true of any medical disorder. Patients with rheumatoid �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance arthritis can have significant psychological difficulties and it has been suggested that psychological factors contribute to rheumatoid arthritis pain and functional disability, independent of disease activity. Among spinal cord injured patients with pain, over one-third of individuals who stopped working after the spinal cord injury said it was because of their pain and not their paralysis. Interestingly, pain was regarded by these spinal cord injured patients as a significant cause of work disability even when the individual had a more “acceptable” alternative explanation (ie. paralysis) for work disability. It also suggests that in some patients pain is regarded as more disabling than paralysis/paresis. The controversy about chronic pain and disability is inevitably tied to perceived secondary gain and the availability of compensation. Recent data suggests that compensation is important, particularly in terms of the number of claims but that its importance has been overrated in terms of pain as it accounts for only a small degree of the variance seen, (6% in one meta-analysis). Its effect on claims is gradational, a not unexpected relationship. On the other hand “secondary gain” is a vague term which has never been well explained. Anybody who treats these patients regularly realizes that the concept of secondary gain also has to be coupled with secondary losses and most of these patients continue to have pain despite the fact that secondary losses clearly exceed secondary gains. It is most disconcerting that the patients who will be affected by changes in legislation are those shown to be at highest risk of disability, namely those in lower socioeconomic groups, in particular those who are poorly educated, who lack transferable skills, are older and more likely to perform heavy or repetitive physical labour. Most of these would be classified as “blue collar” workers or the “working poor”. Many are immigrants with limited communication skills and/or working women who appear to be more susceptible to developing conditions such as repetitive strain injury, fibromyalgia and myofascial type pain. Attempts to deal with chronic pain disability as a social problem will serve only to target those individuals who are especially vulnerable to withdrawal of support. This vulnerability is further enhanced by significant changes in the availability of work for individuals without specific technical skills and a decreased willingness on the part of employers to accommodate or compromise the workplace for injured workers. This is not just true for chronic soft tissue type pain but is also reported in conditions such as rheumatoid arthritis. Canada is becoming increasingly less sympathetic towards the weak, the poor, the injured and the disadvantaged. The Darwinian mindset sees such individuals as a drain on society and in particular, contrary to the economics of profitable business. Certainly the cost of disability is an important factor that must be taken into consideration. However, we seem to have crossed a threshold where it is increasingly acceptable to demonstrate a lack of empathy or compassion for anybody who is injured and in particualr, those who have chronic pain. Governments not only fail to display compassion for injured workers, but displaying such compassin is seen as weakness for not staying the course of significantly reducing direct costs. As health care professionals and researchers, we have an obligation to point out to our politicians and society in general that there is a significant human cost to proposed policy changes. Short-changing people when they are most vulnerable is going to markedly increase suffering while at the same time swelling the welfare roles and transferring the problem to other jurisdictions. Although such measures may well force some individuals to return to work who might not have otherwise done so, the fact is that the vast majority of individuals are likely going to end up without resources at a time when they need them the most. Knowing what we now know about chronic pain, such an approach clearly strains the ethical responsibilities we have for those individuals who are limited by chronic pain in our society. 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance This report was presented at the hearings on Bill 99 in London, ON. counseling to assist injured workers adjust to the rationalizations that their entire life has been impacted by a workplace injury and the results are YUKON permanent. Pain Clinics are viewed by injured workers as a formality prior to terminating benefits even if the worker is still suffering from the work related disability. The Yukon has no policy on chronic pain. What they have is a policy that deals with other related conditions that hinder recovery. Conditions that hinder recovery from a work-related disability includes, but are not limited to the following: alcoholism, drug addiction and chronic pain. The Board allows for 6 weeks of treatment. However, the administration of the WCB is interpreting this policy to apply to workers who are suffering a disability as a result of a work-related injury. The Board makes no distinction between Chronic Pain (organic findings) and Chronic pain Syndrome (non-organic findings) and is very quick with the euphemism -its pain that‟s limiting your ability not the injury and the WCB doesn‟t pay for pain. To take it to the absurd, a burn victim in excruciating pain from the wounds would only be entitled to 6 weeks of benefits, as it is the pain that is stopping him from working, not any functional disability. I believe that the policy is intended to deal with noncompensable barriers to employment and not conditions arising out of or in the course of employment. I believe in the Yukon, workers are entitled to full total temporary benefits until they are assisted to overcome the physical, social and economic hardships brought on by the disability. Several of the cases were brought through the appeal process prior and were unsuccessful. I am unaware of the arguments used then, however, we have a good case going before the Appeal Panel in the near future. There are also plans for Policy and Legislative review and we are hoping to have favorable amendments made. Chronic Pain and Syndrome clients have been dealt with very poorly in the territory. Historically there is very seldom early diagnosis, limited psychological 6 BRITISH COLUMBIA A Task Force on Pain in The Workplace, financed by WCB and the Insurance Companies, is trying to state that if you are chronically disabled because of pain, that you should be treated as refusing to work; causing your own unemployment and therefore abandoned by the system of insurance, be it through WCB or private companies or CPP. The areas of analysis these people are using to arrive at their conclusions is based on a process developed by Miller, that is over 35 years old AND WHICH HAS BEEN PROVED TO BE INHERENTLY FLAWED, with the results that data gathered using this method is transparently self promoting. Many Doctors, who are nationally and internationally published, are coming to recognize that those who promote this type of analysis are not keeping abreast of the current medical research and findings. It has, in fact, been published in both medical and psychological journals that they are simply “bankrupt” in their expertise in these matters. It is also clearly stated that there is only one issue at stake when dealing with people who are disabled through pain: MONEY, and how to stop you getting it! The facts show that between 6% and 10% of people suffering, seriously and continuously, from pain are work disabled. (Disability is defined as “a restriction or lack……. of ability to perform an activity in the manner or within the range considered normal for a human being.” World Health Organization) The difficulties for the sufferers of chronic pain arise from the following. Because there are often no �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance clearly defined reasons for the pain in the form of xrays (etc), then doctors cannot clearly state why the person is suffering. Doctors, therefore, tend to be wishy-washy in their statements regarding the level of disability being suffered. Several very serious articles published as recently as 1997 state: that it is poor medical knowledge and practice that is at fault. They seriously suggest that doctors do not know their stuff and fall back on the readings, at the time of their training, often by people such as Miller, who use terms such as psycho-social, psychopothegenic, secondary gain, etc. Basically, these mean that the pain sufferer‟s disability is “all in his head” and that he is trying to fraudulently get compensation for a minor injury. It might also be suggested that doctors adhering to this medico-legal analysis are in breach of their Hypocratic oath for the following reasons. Though there are no clearly defined pathoanatomical or patho-physiological explanations in 85% of cases where long term pain is experienced, it is known that many of the cases result from trauma, i.e. an accident of some kind. It is regularly stated by doctors, apparently incorrectly, as generally being repaired in a very short time. They do not take into consideration, however, work by people such as McNole, which denies this and has proved that “important physical alterations occur that could be the source of chronic pain.” Though it is clearly known that there are a wide array of injuries that do not “heal” in the expected time and actually defy the models being promoted by the insurance companies and WCB in particular, doctors continue to penalize sufferers due to their lack of knowledge and understanding. Alternative reasons for the long term pain being suffered are promoted by people like Barnsley et al who provides strong evidence of FACET JOINT involvement in neck traumas. Sturzenegger and colleagues found that whiplash patients who still had problems after one week - which they state was indicative of a more severe injury - were significantly related to symptoms at one year (post accident). P.D.Wall has found that chronic pain can be induced by biochemical abnormalities that can result after trauma. Mense has recently published an article regarding pain chronicity arising from muscle damage. And on it goes, providing data and a growing body of evidence that there is a well documented neurophysiological basis for the persistence of pain in so-called “soft tissue injured”. Thomson (1997) states that: “Bankrupt experts operate with the faulty assumption that pain not seen on x-rays or scans, nor cured by surgery, was “nonorganic” equaling “psychosomatic” which in many jurisdictions (insurance companies) is noncompensable. She suggests that doctors, when dealing with such pain, show “a failure to follow carefully drawn dermotormal maps. The problem seems to rest with the cartographers (doctors) NOT the patients.” She refers back to the important work by P.D.Wall who - “outlined the limitations and inherent inaccuracies in current dermatormal maps because DERMATOMAL BOUNDARIES CHANGE MARKEDLY IF THE NERVE (ROOT) STUDIED IS SECTIONED ON THE PERIPHERAL SIDE OF THE DORSAL ROOT GANGLION.” These facts may invalidate the use of the Ransford pain drawings which are often used to detect malingerers and people suspected of psychosomatic problems. This leads us to the concept of secondary gain, which includes the concepts of “rights” and “compensation”. This all encompassing and poorly defined concept suggests that those persons bedeviled by their pain will gain economically, physically and emotionally from having an illness and this casts suspicion on the legitimacy of the recipient. Those of us in this condition have no doubt that it affects the quality of treatment we receive and this prospect is supported by Fishbain when he states, “the identification of PRESUMED secondary gain does not necessarily mean that secondary gain had an etiological or reinforcing 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance affect on the chronic pain” an ERROR referred to as “over-inference”. machines, morphine implants and now they are trying to push for brain and back implant. He backs this up by further discussing the REALITY of chronic pain sufferers when he clearly and specifically discusses SECONDARY LOSSES and infers that where these outweigh potential gains, they must be treated with a higher degree of relevance to support the injured party. Most of the treatments are only short term and most often claimants return to medication to control pain and increased spasms. Most injured workers with chronic pain are treated very poorly and told that the pain is all in the head. They usually send workers to a psychologist and have the Board‟s words come through the Psychologist‟s mouth. After two or three visits to a psychologist they are cut off. Dr. Gary Lea in his paper on Secondary Traumatization, would seem to concur with this line of reasoning, expanding on the process to the extent that people who are suffering from chronic pain are, in fact, made to suffer even more by the organization‟s supposedly there to relieve their misery. In conclusion, for those who are still skeptical and too lazy to think of doing their own research, I would refer you to a recent article/editorial by Quinn Hogan which outlines reasons why the old experts have not been successful and how new approaches can. [This letter is based on published articles by R W Teasell and Harold Marsky and Ellen Thompson.] SASKATCHEWAN This letter is in regards to chronic pain in the province of SK. The WCB seems to have a hard time accepting chronic pain. The problem with chronic pain is most people and WCB do not understand the effects it has on injured workers. WCB thinks chronic pain is in the injured workers head, or that he or she is faking the disability. When someone is in severe chronic pain, it is so devastating that the individual has a hard time to function properly. No one‟s pain is the same, but WCB thinks chronic pain is nothing. Chronic pain victims are not only disabled, but most chronic pain victims are so devastated trying to cope with it. Mike Shepherd ALBERTA In Alberta, Chronic Pain may be one of the most fought issues at appeals. We do have Policy in place for chronic pain, but having it accepted is very rare. Policy states: “If because of a workplace accident, you injury causes prolonged uncontrolled pain: The Board may compensate a claimant for prolonged and uncontrolled pain. The Alberta Board offers pain clinics, and some alternative medicines and may pay the worker benefits while the worker is seeking treatment. Workers often spend countless months appealing this issue, and are often told the pain is in their heads. A panel currently is reviewing this policy to modify it or redo it, both entitlement and treatments. In Alberta, there are chronic pain clinics, T.E.N.S. 8 Chronic pain is an invisible disability, and most times WCB and family don‟t understand because they cannot see the disability. This makes it so hard for family members to even understand, therefore causing tremendous stress on families, trying to understand. WCB in Saskatchewan has gone as far as paying for chronic pain implants, but says it does not recognize chronic pain as a disability. Very easy for someone to say when they haven‟t experienced it themselves, and have no idea. Some chronic pain would be like being burnt, or some of the worst migraines, or even feeling of stabbing pain 24 hours around the clock. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance We know some people take time off work for a flu, or bad cold or just not feeling well. This isn't even close to comparing with chronic pain. We have seen and heard of suicides, marriage breakups, nervous break-downs, etc. with chronic pain victims. I don‟t know of anyone who would try this because of the flu or just not feeling well. We must be sure to make WCB understand. These people deserve benefits the same as anyone else would, as it is a disability. CPP recognizes chronic pain, why won‟t WCB in SK? Deep Brain & Back implants in Saskatchewan In the Province of Saskatchewan, I have met and seen persons who have had back and brain implants for chronic pain. My understanding is these people were told by WCB in SK, that if they didn‟t have these implants then benefits would be terminated. I have seen the equipment that was used on a patient that has received 9 back implants, and 4 deep brain implants. Can you imagine this many implants on one person. This individual has a medication expense of $7,400.00 per month which is covered by SK WCB, at the same time telling the injured worker he is capable of working an 8 hour shift. patients were never ever told it was an experimental procedure. I have seen the equipment that was used on one patient that states on the back of it that it was banned in the USA in 1982 and is not to be sold in Canada or to any physician. These individuals that I have met, are experiencing minor strokes, and devastating side effects which has totally disabled these people I do not know of the exact amount of people that this has been done to, but we knew the numbers are very, very high in SK. We urge the other Provincial injured workers groups to make sure it is investigated in their own province to be sure it doesn‟t happen in your own back yard. We now have lawyers looking into the matter in SK, and are going forward with a class action suit. Robert Lindsay MANITOBA Manitoba has no clear policy on or entitlement for chronic pain. A policy was developed by the WCB in 1990 that would provide some limited coverage for chronic pain. Unfortunately, that policy was never adopted. ONTARIO The people I have met, have had the wires left inside their head as they cannot be removed, but they were originally told they could be. These people, because of what has been left inside of their brain, are experiencing so many side effects, that they are totally disabled. WCB disagrees with that. These people‟s lives have been shattered because of the side effects. They cannot go outside very often, bright lighting affects them, even in an electrical storm - they must stay inside. Our understanding is these implants were never meant for chronic pain. It was a trial base for Parkinson Disease - not for Chronic Pain. These From WCB Policy Report December 1990 Volume 3 CHANGES TO CHRONIC PAIN DISABILITY (CPD) Category 1 Minor Impairment of Total Person (10%) In this category the Injured worker‟s daily activity is slightly limited and no apparent difficulties are reported in personal adjustment. There is also some loss in personal or social efficacy and the secondary psychogenic aggravations are caused by the 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance emotional impact of the accident. A mild anxiety reaction is apparent. The display of symptoms indicate a form of restlessness, some degree of subjective uneasiness and tension caused by anxiety. There are subjective limitations in functioning as a result of the emotional impact of the accident. The disability, from the psychiatric point of view, is not expected to be permanent. Category 2 Moderate Impairment of Total Person (15% 25%) In this category, the worker is still capable of looking after personal needs in the home environment but, with time, confluence diminishes and the worker becomes more dependent on the members of the family in all activities which take place outside the home. The worker demonstrates a moderate, at times episodical, anxiety state, agitation with excessive fear of re-injury, nurturing strong passive dependency tendencies. The emotional state may be compounded with persistent pain, signs of emotional withdrawal and depressive features loss of appetite, insomnia, chronic fatigue, low noise tolerance, mild psychomotor retardation and definite limitations in social and personal adjustment with the family. At this stage, there is a clear indication of psychological regression. Category 3 Moderate Impairment of Total Person (30% 50%) In this category, the worker displays a severe anxiety state, definite deterioration. In family adjustment, incident breakdown of social integration, and longer episodes of depression. The worker tends to withdraw from the family, develops severe noise intolerance and a significant diminished stress tolerance. A phoble pattern or conversion reaction will surface with some bizarre behavior, a tendency to avoid anxiety-creating situations, with everyday activities restricted to such an extent that the worker may be homebound or even room bound at frequent intervals. Category 4 Severe Impairment of Total Persons (60% - 80%) 10 In this category, the worker clearly displays a chronic and severe limitations of adaptation and function in the home and outside environment. The worker is withdrawn, forgetful, unable to concentrate, and needs continuous emotional support outside environment. The worker is incapable of self care and neglects personal hygiene. There may be an obvious loss of interest in the environment and the worker becomes extremely irritable, showing significant emotional liability, changes of mood and uncontrolled outbursts of temper. The worker may be severely depressed with outstanding features of psychomotor retardation and psychological regression. The worker is usually homebound or even room bound. Because both the CPD and Psychotraumatic rating systems are based on assessing the effect of the impairment on an injured worker, and because the Psychotraumatic system is more detailed and therefore, more precise, the board of directors considered it reasonable to use only that schedule for both CPD and Psychotraumatic conditions, and to rename it: “Psychotraumatic and Behavioral Disorders Rating Schedule”. As such, the old Interim CPD rating schedule has been abolished, and **CPD*** Fibromyalgia syndrome (recognized as variant of CPD), and *** psychotraumatic disabilities will all be rated under the new schedule: Level of Total Person Impairment Category 1……. Category 2……. Category 3……. Category 4……. Degree of Impairment 10% 15% - 25% 30% - 50% 60% - 80% The change in the rating schedule is retrospective from March 27, 1986, the effective date of the CPD policy. QUEBEC L'indemnisation pour la douleur chronique Au Québec, l'indemnisation pour la douleur chronique n'existe pas en tant que telle dans le cadre �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance de la Loi sur les accidents du travail et les maladies professionnelles. Toutefois, les victimes d'accidents et de maladies du travail qui souffrent de douleur chronique peuvent avoir accès à divers traitements dans le cadre de la réadaptation. Ces personnes peuvent donc, dans la mesure où la CSST accepte de les leur accorder, recevoir des traitements de physiothérapie, d'acupuncture, de massothérapie, de phychothérapie, etc. Également, si la douleur chronique entraîne une lésion d'ordre psychologique, cette dernière peut être indemnisée par la CSST. Ainsi, même si la douleur chronique n'est pas formellement indemnisée dans le cadre du régime québécois d'indemnisation, elle peut donner ouverture à certains soins ou à la reconnaissance de certaines lésions qui en découlent. Chronic Pain - Quebec In Quebec compensation for chronic pain does not exist per se with in the scope of the Act respecting accidents and occupational diseases. Nevertheless, injured workers suffering from chronic pain may access different treatments as part of their rehabilitation program. These persons may therefore receive physiotherapy, acupuncture, massotherapy, psychotherapy and other treatments, inasmuch as the CSST agrees to grant them. Also, if chronic pain leads to psychological injury, the latter may be compensated by the CSST. Therefore, although chronic pain is not officially compensated within the Quebec compensation system, it may lead to some care or the recognition of some injuries stemming therefrom. -Liane Flibotte NEW BRUNSWICK Chronic pain is not compensated for in NB. In fact, specific policy is written regarding FIBROMYALGIA (25-041) and MYOFASCIAL PAIN SYNDROME (25-040). Fibromyalgia syndrome is considered a personal condition, not the result of trauma, and thus, not acceptable by the Workers‟ Compensation Board. Myofascial pain syndrome may be initiated by a work injury, thus establishing a relationship between the cause and effect. The Workers‟ Compensation Board is responsible for the original trauma to the muscle only and has no responsibility for the perpetuating factors which are not related to the accident. However, should the perpetuating factors be caused by a work-related activity, the Board‟s responsibility continues. PPI awards do not consider pain an impairment ratings. Since myofascial pain syndrome is defined as a muscular disease which is considered to be completely reversible in the absence of perpetuating factors, along with no demonstrable physical or anatomical lesions, it is not considered for the awarding of a Permanent Physical Impairment Award, or P.P.I., in accordance with s.38.2(8) of the Workers’ Compensation Act. WHSCC is presently considering a large number of amendments. A special organization has been adopted to review these proposed amendments. Stakeholders: labour, employers, injured workers, workers‟ advocates, employer advocates, etc. have all been invited to respond in writing to any & all the proposals under consideration. WHSCC staff will meet with groups to discuss and clarify any intent or ambiguities that may exist. Groups are invited to make an oral presentation to elaborate upon their written submission. This is, by far, the most elaborate process I have come across when amendments to the OH&S Act, the WCAct and the WHS&CC Act have been considered. Perhaps the Commission realizes that the tactics used in the past are not acceptable. It‟s about time! The proposed amendments to the three Acts have been classified into the following eight categories: 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance 1. 2. 3. 4. 5. 6. 7. 8. Health & Safety Issues Eligibility Issues Assessments Obligations Third Party Actions Powers of the Commission Board of Directors & Appeals Tribunal Housekeeping I will briefly note what I believe will have a detrimental effect on injured workers in NB. WC Act Sec. 41(16) Worker responsibility not to impede medical treatment Proposed change expands 41(16) so that when a non-injury related factor impedes recovery, the Commission can also reduce or suspend benefits! If a worker refuses to be treated for a workplace injury, he/she will be open to having benefits suspended. WC Act Sec. 10(1) etc. Third Party Actions Presently, a worker who is injured in an accident, caused by a party outside the compensation system, may claim compensation or begin his or her own legal action. For example, while driving a delivery vehicle for your employer, someone runs into you and you are injured. You can 1) claim compensation or 2) begin a legal action against the driver that ran into you. One or the other, not both. WC Act Sect 34(2) Exclusive Jurisdiction It is proposed that the Commission be given the authority to determine the work-relatedness of a factor that prolongs an injury. When the Commission believes the injury is prolonged by a personal trait, the matter will at some point, cease to be work related. Apparently, this proposed change is to “… ensure the employer is only supporting workers who have work related injuries, thereby ensuring that there are sufficient funds available for workers with work related injuries.” Isn’t that what assessments are for ?? WC Act Sect. 20(1) Relationship with Appeals Tribunal The Board of Directors want to be “authorized” to govern the Appeals Tribunal! Members of the Board of Directors, have served as members of the Appeals Tribunal for several years. Advocates have repeatedly argued that this is a conflict of interest. Tribunal hearings are not “fair” when members of the Tribunal are responsible for the policy that denied the claim, etc. in the first place. Here are some proposed changes that I think are good for the injured worker. Unfortunately, there is more bad than good.  non-residents of NB would be covered by compensation; We are close to the Maine border. Some people lived in Maine and worked in NB. Presently, if they were injured in NB they are not covered. Only residents of NB are covered.  “every person” assisting a peace officer in arresting any person … when requested to do so … shall be determined to be an employee of the Crown. Two options for change are being considered: 1. No right to action against any third party; 2. Third party action would be permitted only under narrow circumstances. The end result will be that additional settlement funds will not be available to injured workers. In the past, if the injured worker claimed compensation, the Commission would take action to collect its costs, provide the accident employer with cost relief, and give the excess money recovered, less expenses, to the injured worker. This, occasionally, would net the injured worker thousands of dollars $$$. 12 This change would ensure that coverage is extended to a wider group who may be called on to assist in an emergency. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Hopefully, this will assist the Commission in providing faster service to injured workers. These proposed changes, and many more, may be reworded or eliminated over the next little while. I will keep you informed as things progress. workers who are taken out of their assigned programs by his or her attending physician after only days into this program because of their continued pain. Wendy McGee NEWFOUNDLAND The number of injured workers each year who receive Chronic Pain Intervention in Newfoundland and Labrador are less than 50 per year. All injured workers from this province and Labrador have to travel to St. John‟s for this program. The latest figures from the Workers‟ Compensation Commission of Newfoundland and Labrador indicated that for the year 1996, only thirty-seven injured workers participated into the Chronic Pain Program. The average cost for this five week program was $6,245.00 per injured worker, for a total cost of $231,000.00 for 1996. Travel and accommodations and meals are not included in the above figures, they are paid separately by the Commission. The Newfoundland and Labrador Injured Workers Association is of the opinion that the present policy (CM-09 Chronic Pain) is not being implemented to the betterment of injured workers in this province. This association believes that all injured workers who experience pain from a compensable injury beyond the usual healing time for the injury should be encouraged to have chronic pain intervention before the commencement of any WCC sponsored rehabilitation programs. At present an injured worker may receive workhardening, ease back to work, upgrading and or formal re-training before any Chronic Pain Intervention. Injured workers who start any of the above mentioned commission sponsored programs often can‟t participate or complete their program due to their continued pain. There are those injured 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance La douleur chronique Le nombre de victimes d‟accidents et de maladies du travail qui reçoivent des soins pour la douleur chronique à Terre-Neuve et au Labrador est inférieur à 50 par année. Toutes ces personnes doivent se rendre à St. John‟s pour recevoir leur programme. Selon les dernières statistiques provenant de la Workers‟ Compensation Commission (WCC) de Terre-Neuve et du Labrador, seulement 37 victimes d‟accidents et de maladies du travail se sont prévalues du programme de douleur chronique pour l‟année 1996. Le coût moyen de ce programme de cinq semaines a été de 6 245 $ par personne pour un coût total de 231 000 $ pour l‟année 1996. Ces coûts ne comprennent pas les déplacements, l‟hébergement et les repas, ces frais étant payés séparément par la Commission. La Newfoundland and Labrador Injured Workers Association estime que la politique actuelle (CM-09 Chronic Pain) n‟est pas appliquée à l‟avantage des victimes d‟accidents et de maladies du travail de cette province. L‟association en question est d‟avis que toutes les victimes d‟accidents et de maladies du travail qui subissent des douleurs découlant d‟une lésion indemnisable dépassant le temps de guérison normal de la lésion devraient être encouragées à recevoir des soins pour la douleur chronique avant de début de n‟importe quel programme de réadaptation financé par la WCC. En ce moment, une victime d‟accident ou de maladie du travail peut bénéficier d‟un programme de conditionnement au travail, de recyclage ou de formation formelle avant une intervention pour la douleur chronique. Ces personnes qui entreprennent l‟un ou l‟autre de ces programmes financés par la Commission souvent ne peuvent pas s‟inscrire au programme ou le terminer à cause de leurs douleurs continuelles. Il y a aussi des personnes qui doivent, sur ordonnance de leur médecin traitant, se retirer du programme qui leur a été assigné après seulement quelques jours à cause de leurs douleurs 14 NOVA SCOTIA From the internet. I have assessed thousands of so-called healthy individuals in a variety of environments and I can tell you that less than 20% of these people display what could be considered even adequate metabolic or structural fitness, never mind kinesthetic awareness and other issues of movement awareness. Does this not likely play a large role somewhere down the line? I‟m really beginning to see how clinical, legal, and moral issues are getting intertwined here in a way that seems to be generating more heat than light. They end up getting intertwined, not just in this discussion, but in real life, because of the legally and morally difficult questions clinicians end up being asked to play a role in deciding. I‟m also seeing here and in other things I‟m reading, problems arise because clinicians and researchers don‟t understand the limitations in the information they‟re being asked to provide. I don‟t mean limitations in the sense that “science doesn‟t yet have all the answers,” but in the sense that there are complicated legal issues and good legal reasons for responsibility in legal terms to be considered in certain ways, and clinicians and researchers come at these issues without enough awareness of these issues. Of course, in treating someone with an RSI, and in dealing with your own RSI, you have to get yourself (your patient) into a state of fitness or body awareness that is not common in our society. Anyone who resists this idea “because it‟s their employers fault” is being dysfunctional, as Greg says, I think. I was just asking the medical ethicist down the hallway about this, and she says the particular area I‟m asking about is just one giant mess at the moment, with bureaucrats giving themselves permission to do whatever they like, whatever the legal situation is. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance The basic idea of what I‟m about to quote is that employers have responsibility for workplace injuries even where the worker is vulnerable to those injuries because of factors outside the workplace. There are good legal arguments for this. I‟m disturbed at the thought of clinicians working with the very sensible clinical attitude that patients must take responsibility for their own health, and then importing that attitude into input they are asked to give into legal questions about compensation. The legal issues are different from the clinical issues. The Nova Scotia report came with an appendix that is a legal review of “Chronic pain syndrome”. There is no indication of who wrote it or what its status is. “Thin skull doctrine”: “Early in the development of personal-injuries law in the Courts it was argued that if the plaintiff victim had a particular susceptibility to the injuries suffered, the negligent defendant ought not to be liable for the full extent of the damage. The question, in effect, was this: if I negligently strike a person in the head in a fashion which in a normal person would have produced only a bruise, but the person I happen to hit has an egg-shell skull and it fractures, must I be liable for the fractured skull? The answer the Courts have given to the question is clearly yes: you must take your victim as you find him. “The thin-skull doctrine also applies in Workers‟ Compensation cases and for two reasons. One reason is that permitting compensation to be denied or adjusted because of pre-existing pre-disposing personal deficiencies would very substantially reduce the nature of the protection afforded by the compensation system as compared to the Court system for reasons that would not be understandable in terms either of the historic bargain or of the wording of the legislation. The other reason is that in the compensation system, injured persons become entitled to compensation because they have been engaged as workers. They have functioned as workers with any pre-existing condition they may have had. It seems wrong principle that conditions which did not affect their employment as workers should be relied upon to deny them compensation as injured workers. “It is acknowledged by the Courts that the principles applicable to thin skulls apply equally to „frail spirits‟.”Decision No. 915 (1987) 7 W.C.A.T.R. 1 (Ont. W.C.A.T.) [at 136]. Just to sum up what I understand by that: If someone forces you to run a marathon, and you die of a heart attack during it, they are still legally responsible for your death (and not just for having held a gun at your head and made you run), even though you might have been sufficiently well-trained to have survived the marathon. This is true in compensation law too: when workers gave up their right to sue in favor of this no-fault system of workers‟ compensation, they weren‟t agreeing to a lesser protection of their rights than under the former system, certainly. Furthermore, in the work place, if a degree of fitness that is maintained by less than 20% of the people he sees is not a condition of employment, then it isn‟t a condition of compensation either. That makes sense. Furthermore, on the next page, the report says that where there is multiple causation, “the Court will, if necessary, separate out the other factors and award accordingly. The Courts have awarded damages for chronic pain with a condition that developed because of the accident, in combination with other factors.” If that is, in fact, what the Court will do, I don‟t know where the Nova Scotia WCB gets off declaring that they will not compensate for multifactoral conditions, like myofascial pain syndrome. So, with Greg‟s needlepoint example: If the injury is entirely the result of needlepoint, and not the result of employment, this doesn‟t matter much for treatment: you treat the injury for what it is. Of course, since part of treatment in this area is changing habits, the person has to change how and whether he or she does needlepoint, and no amount of workplace ergonomic change will affect that. 15 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance It is a problem, as Greg is trying to point out, when people‟s political commitments make it impossible either for them to see that a particular injury is caused and maintained in the workplace or that a particular injury is caused and maintained outside the workplace. When it comes to legal questions however, which people like physiotherapists are, apparently, increasingly being asked to play a role in, then it does make a difference what the cause is. An injury from needlepoint plays into insurance, disability leave, and so on just like an injury from a skiing accident on your vacation would. When it comes to disability, accommodation in the workplace, then surely that accommodation, again, doesn‟t have anything to do with the cause of the injury. I‟m entitled to disability accommodation whether I was injured while skiing or injured at work. Where there is multiple causation, then the Courts will weigh this, with some testimony from medical experts, but it is not up to a medical expert to say that the injury is multi-factoral and therefore not the employer‟s fault (this is one of the problems with the Murray report). The Court‟s standards of causation are not the same as the clinician‟s, and again, there are good legal reasons for this. Lynette Sorehand FAQ: http://www.ucsf.edu/sorehand/ 16 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Letters to the Editor Dear Editor: I just received a letter from our WSIB (read WCB part of the Bill 99 master plan to privatize our public workers compensation system) saying that they were in the process of reviewing chronic pain. An independent scientific study has been commissioned and was due to report by November 1998. The letter was addressed to stakeholder and was a call for nominations to a second panel made up of stakeholders to develop policy and guideline recommendations on how chronic pain should be compensated, prevented and managed. This was in response to initial attempts by the Ontario government to regulate chronic pain out of existence through Bill 99. Illness due to chronic stress at work was explicitly exempted from the act. However, in public hearings held on Bill 99, the government got caught by a group of doctors who appeared before them criticizing what was being done. It wasn‟t that long ago in Ontario that the WCB recognized entitlement to chronic pain. As far as I can tell, it was one of the very few jurisdictions in North America to accept that there is such a disability. And it didn‟t happen because of good will or political intervention. An independent appeal tribunal had been set up in 1985 to hear appeals on WCB matters and it made decisions which pushed the Board to adopt policies. The tribunal‟s decisions in the late 1980‟s were based on the facts before it, medical reports, expert evidence, and the claim of an injured worker. The “policy” adopted by the Board was based on limiting entitlement and restricting benefits or assistance that a worker suffering from chronic pain might receive. So much for individual justice and merits of the case. It seems to me that this is just another step towards complete bureaucratization of the Board. Entitlement is not based on evidence, medical assessments of individuals, and worker complains; entitlement is about policies, Board authority, and “case management.” When people don‟t get better, its their own fault. More and more legislation specifies the Board‟s authority over all medical treatment and judgements of the worker. Whatever happened to informed consent? Yet at the same time chronic pain is a very widespread experience - it attacks people of all ages. It seems most often around the joints but not exclusively. On the internet I located just one site http://www.goedhart.com/painresource/painlinks.ht ml with hundreds of links. What can we do about this? We know that the experience of pain is real, and we know “policy” is not much better than denial if the policy allows bureaucrats like “nurse case managers” to make the decision. Injuredworkers.online is interested in your comments and views. Andy King, USWA Editor’s note: injuredworkers.online is a new website coordinated by a group of injured workers, union activists and community legal clinics based in Toronto. Check it out. Join injuredworkers.online by sending the message (not in Subject line) subscribe injured -l , your email address without the brackets. Send message to majordomo@list.web.net 17 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Dear Editor: I am writing in reference to the article I had written in the 1997-1998 Fall/Winter Issue. It highlighted the fact that I was soon to be subjected to a fourth New Brunswick Workplace Health, Safety and Compensation Commission (WHSCC) Appeal Tribunal Hearing. I also expressed the emotional and financial strife my family and I were facing as a result, aside from my physical disabilities. Unfortunately, my need for a Fourth Appeal Hearing was the result of the WHSCC Board of Directors. Rarely involving itself in such matters, it overruled the previous third Appeal Tribunal decision that reinstated full benefits. The circumstances which had lead to this whole unnecessary scenario of an emotional, physical, and financial roller coaster ride began on a beautiful Maritime afternoon in September of 1993, at my youthful age of twenty three. Having been employed by one of the largest shipyards in eastern Canada for approximately 6 years, I was severely injured through no fault of my own. While working in a warehouse, a forklift pallet weighing approximately 70 pounds came crashing down on the back of my head and neck region. It had been thrown be a co-worker some 25 feet off a shelving unit. Subsequently, eight months later, I was deemed “capable of returning to my pre-accident employment” by WHSCC. This decision was against the objections of my family physician and specialist. However, there was one extra twist to this story, my employer informed me that my employment was terminated and therefore, I had no employment to return to. It may have been purely coincidental but, I‟ll leave the speculation to the lay readers of this publication to decide. As a result of these unjustified and immoral acts perpetrated against me, I appealed WHSCC decision before an Appeal Tribunal on several occasions over a four year period. Although the cards seemed to be overwhelmingly stacked against me, I was bound and determined to fight for my rights. I made a 18 commitment to myself and to my supporters, never to give up. Since the newsletter publication of 1997-1998 Fall/Winter issue, I have had my Fourth Appeal Tribunal Hearing and have received its decision. I am pleased to inform the readers of the publication, that Justice has prevailed. I have re-won my legislative right to be compensated for my injury. It will be retroactive to that beautiful September Maritime afternoon in 1993, which will be forever engraved in my memory as the day that changed my life forever. Now focusing on justice for others, Jeffery Collette Westfield, NB Editors Note: Congratulations Jeffery! Your case shows that we all must fight for what is right. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance SPECIAL THANKS TO SHEL/DON REPRODUCTION CENTRE LTD. 936 Tungsten Street Thunder Bay, ON. P7B 5Z6 C.I.W.A. / A.C.V.A.M.T. P.O. Box 3678 1201 Jasper Drive, Suite B Thunder Bay, Ontario. P7B 6E3 for their assistance in printing our newsletter. Phone: ................................................. 807-345-3429 Fax: ..................................................... 807-768-7240 Fax ...................................................... 807-344-8683 E-Mail ........................................... ciwa@norlink.net URL............................................ http://indie.ca/ciwa/ Editor’s Note This newsletter is intended to share and exchange information only. The views and opinions expressed here are those of the individuals or groups making the submission. We take no responsibility for their accuracy or opinions. THE CANADIAN INJURED WORKERS ALLIANCE L’ALLIANCE CANADIENNE DES VICTIMES D’ACCIDENTS ET DE MALADIES DU TRAVAIL is supported by people like you. WE NEED YOUR HELP !! Your contribution goes towards office rent, telephone, printing and postage. The “Project Funding” we receive from the federal and provincial governments does not cover these basic operating costs. Please Subscribe Name: ________________________________________ Address: ________________________________________ Date: ________________________________________ Postal Code: ___________________ __________________ Fax: ________________ E-MAIL: Phone: ___________________ ___________________ Newsletter Subscription: Injured Worker / Unemployed Individuals Organizations Donation Thank You for your $ 5.00 $ 10.00 $ 15.00 SUPPORT: $ $ $ $ _____________ _____________ _____________ _____________ $ =========== 19 � 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 1998 Description An account of the resource Articles about "The Denial of Chronic Pain"; Provincial updates on chronic pain; Letters to the Editor- WCB and chronic pain, WHSCC Appeal. "Together We Can Win" video and workbook; Speakers Bureau; 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/a899cd7af61b424552246bc6a6107a7f.pdf 55f3a78c3288f010ac4b31b6c21bdb0a PDF Text Text l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Focus on WCB Privatization This issue of “Highlights” looks into the moves afoot to privatize Workers Compensation in Canada. There has been lots of talk about this with Liberty Mutual, the largest WC insurer in the USA, becoming active on the Canadian scene. Meanwhile, John Burton, a leading expert on Workers Compensation in the States, has released a study comparing Private and Public systems of compensation in North America. He found that private insurance costs more and delivers fewer benefits to injured workers. Overall, his report found that our Public Compensation systems in Canada were more efficient and effective in providing benefits to injured, diseased or disabled workers. Other areas of interest in our newsletter are:  Our Peer Support Project. You may ask what’s peer support? Injured workers talking to each other, sharing their stories and educating each other on how the system works.  In the news and views dept. there is an exciting item about the resolution of support passed at the recent CLC Convention. There’s much more inside so please read on. Our next issue focuses on Returning to Work Send us your thoughts – share your story. Table of Contents CIWA/ACVAMT contacts .................2 Projects & Activities ..........................3 Privatization ..........................................4 La Privatisation.....................................4 Provincial Updates ...............................9 News & Views .................................... 13 CIWA Info .......................................... 16 1 �l’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 2 NF... Phil Brake, Labrador City USWA NB... Wendy McGee, Saint John St. John Labour Community Services Inc. NS... Dave MacKenzie, Pictou County ADVISORS… Andy King, OHCOW Orlando Buonastella & Marion Endicott, IWC �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects For more information on any of our projects, give us a call at: 807-345-3429 ONE STORY FROM THE PEER SUPPORT PROJECT “ PEER SUPPORT” Project Update Bob (pseudonym) is a 44 year old former worker at a manufacturing plant. He injured his back and groin in 1992, and went for an appeal in 1999. He is being medically treated by his family physician, and was under the care of a psychiatrist. We are now half way through our Peer Support Pilot Project. It is a partnership with injured workers groups operating in Northern Ontario. We are supporting and monitoring the work of four peer support groups of injured workers and family members. He is a pleasant man, with a lot of anger towards the WCB. He doesn‟t understand why the WCB would choose him to have a hard time. His anger is directed to the politicians and his accident employer. He said he was an excellent worker and had awards to prove it, he had a monetary award he earned for employee of the month. His accident employer made it very hard for him to return to work, that is one of the reasons why he is not working for his accident employer today. In his first visit to the peer support meeting he appeared anxious, probably because he had an appeal in 2 months. He had concerns about appeals. At that time he was a very closed person and would not speak openly about his problems. After a few sessions he began to open up, he was very distressed about his case and what would happen if he lost it. He mentioned suicide. He has gained confidence during these sessions and speaks openly about anything. He is a very caring and compassionate person and would help anyone. There are some things he will not talk about. He wants to forget the whole experience and move on. He has some resentment still in him. The group tried to instill upon him that he was not the problem, the problem lies in how society treats injured workers. By meeting with us he came to understand that it was political decisions that created this. Many Injured Workers Groups have had great success using peer support as one of their key activities. It can provide immediate help to injured workers in need. And in turn, it is a way to involve new members and build a strong group. By the end of this project we will develop a manual about our successes and how you can get a peer support group going in your area. . Did you get your copy yet? The Survivors manual is a guide for organizing community forums, using a 17-minute video (included with the manual) and the round table discussion technique. CIWA/ACVAMT has used these tools to build support in local communities, to recruit new members to injured workers groups, and to start new groups. Call our office at 807-345-3429 and order yours today ! Price: $30.00 (Corporations and Institutions) $22.50 (Unions and Non-Profits) $15.00 (Injured Workers and Unemployed) 3 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Projects For more information on any of our projects, give us a call at: 807-345-3429 MYTHS AT WORK This is an excellent video produced by the Toronto Injured Workers’ Advocacy Group (TIWAG). It exposes the myths about how well you are protected by Workers Compensation. As well it exposes some of the policies and practices that are undermining the system. Even though it is filmed in Ontario, it will ring true in any part of Canada. It is 25 minutes in length and can be purchased by contacting: ORGANIZING ON THE NET As we grow more comfortable with the Internet, we will be learning new skills and acquiring new tools. These may have a tremendous potential for organizing; for including more people; for broadening the discussion. We will need to share our successes with each other so we can fulfill this potential. One of the ways to do this is through injuredworkers.online The address for their web site is: www.injured-workers.org Judy Kondrat at 416-924-6477 Fax 416-924-2472 Email kondratj@olap.org Injured Workers Groups can get one free copy at the same place. Thanks to all our friends and supporters in the Ontario Community Legal Clinics for this great video and your help over the years !! Check out these sites: www.goldrush.com/~koontz/ http://www.mediaring.com/zdnet/pcmag/front.html www.prairielaw.com www.wwdp.org www.caw.ca/departmts/hs e.html To connect with the injured workers group nearest you check out our web site at: www.ciwa.ca and click on people and organizations ATTENTION: MYTHS AT WORK This is an excellent video produced by PROVINCIAL INJURED WORKERS GROUPS the Toronto Injured Workers’ Advocacy Is your Provincial Injured Worker Group Group (TIWAG). It exposes the myths interested in developing webprotected site? about how well you aare by Need some help? Workers Compensation. As well it exposes some of the policies and Two injured that workers B.C. have offeredthe to practices areinundermining provide that help – free of charge. system. Even though it isContact: filmed in Ontario, it will true -inboardwarden@smartt.com any part of Canada. It Craigring McLachlan is minutes in length and can be Or25 Dann Buss - busstop@busstop.net purchased by contacting: Judy Kondrat at 416-924-6477 4 Fax 416-924-2472 NEW BACK CARE INFORMATION We have just received 47 boxes of pamphlets, books and posters all about back injury and steps you can take to better understand options available to you for treatment and recovery. A BIG THANKS to Judy Laine-Fine and the Back Association of Canada, for the donation of this wonderful material. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance WCB PRIVATIZATION - Should it Concern Us? LA PRIVATISATION DE LA CSST ET DES WCB — Doit-elle nous inquiéter ? While all compensation boards in Canada "swear" that they will never be sold to private companies, very powerful interest work day and night to accomplish just that. The folks who will profit from a "McDonald's style" compensation system are slick. They know that a "big sale event" won't be popular. Their strategy is to reduce the "public" compensation system to the level of private insurance first. Then they will move in for the kill. Même si tous les organismes d’indemnisation au Canada « jurent » qu’ils ne seront jamais vendus à l’entreprise privée, des intérêts très puissants travaillent jour et nuit pour faire justement cela. Les personnes qui vont profiter d’un système d’indemnisation du genre McDonald's sont très habiles. Elles savent qu’une vente spectaculaire ne sera pas populaire. Leur stratégie est de commencer par réduire le système d’indemnisation public à un niveau d’assurance privée. Ensuite, on assènera le coup fatal. 5 REASONS WHY PRIVATIZATION MAY BE COMING TO A THEATER NEAR YOU: 5 RAISONS POUR LESQUELLES LA PRIVATISATION S’EN VIENT PEUT-ÊTRE : 1 ONTARIO LEADS THE PACK: Ontario has recently privatized its Vocational Rehabilitation Department. Given the size and clout of Ontario, watch for this trend to continue in other provinces. Incidentally a 1990 Alberta study on the advantages of the workers' comp system cited that vocational rehabilitation is one area where the public boards provide a much better service than private insurance. Ontario has moved to eliminate this relative advantage. 2 THE TREND IS WELL FOUNDED. The Canada-wide preoccupation with eliminating "the unfunded liability" (the difference between current assets and future obligations to the injured) in every Compensation Board follows the goal of privatization. Private insurance companies are not allowed to have "unfunded liabilities". Because of competition, and therefore the possibility of business failure, they need to have enough cash in the bank to pay all obligations if they were to go under. 5 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance L‟ONTARIO EN PELOTON DE TETE : L‟Ontario a récemment privatisé son service de réadaptation professionnelle. Compte tenu de l‟envergure de cette province, vous verrez cette tendance se poursuivre dans d‟autres provinces. Une étude réalisée en Alberta en 1990 sur les avantages du système d‟indemnisation des travailleurs et travailleuses a révélé que la réadaptation professionnelle était un des secteurs où les organismes publics fournissent un meilleur service que l‟assurance privée. L‟Ontario a opté pour éliminer cet avantage relatif. 1 2 LA TENDANCE EST BIEN FONDEE. La préoccupation à l‟échelle du pays d‟éliminer le passif non capitalisé (la différence entre l‟actif actuel et les obligations futures envers les victimes d‟accidents et de maladies du travail) de chaque organisme d‟indemnisation poursuit l‟objectif de privatisation. Les compagnies d‟assurance privée ne sont pas autorisées à avoir un passif non capitalisé. Vu la concurrence, et par conséquent la possibilité de faillite, elles doivent avoir assez de liquidités en banque pour payer toutes leurs obligations si elles devaient faire faillite. La raison d‟éliminer le passif non capitalisé du système public est double : il entraîne des réductions dans les services et prestations dans un système public, rendant ainsi la The purpose of eliminating the "unfunded liability" in the public system is two-fold. It forces cuts in service and benefits under a "public" system, thus making privatization more attractive. In addition, the Board becomes attractive to potential private buyers. 3 THE U.S. INSURANCE INDUSTRY finds workers compensation the most profitable business. America's workplaces - among the world's deadliest. (Another site to check out is: http://www.injuredworkers.org) The U.S. insurance industry is also the most powerful in the world and is actively interested in our compensation "business". It's only business is profit. 4 THE "STATES" ARE THE WORST. U.S. style compensation and privatization has made the USA one of the worst systems for injured workers. The AFL-CIO labour federation documented the story of Loretta Shelton, a woman in Virginia whose hand was cut off in 1992 and whose claim was denied for "misconduct". The company had an unwritten rule that workers were to never stick their hand into a machine! Even thoughShelton's employer had removed the guard on the machine and her supervisor had put pressure on her to work faster, her claim was denied. (For more horror stories order "WC Notes" from the AFL-CIO, 815 16th St. N. W., Room 704, Washington, D.C. 20006). 5 RE-THINKING IN ALBERTA. The forces for privatization are so intense that even Alberta WCB has had to commission a study in 1990 to look into its merit. To the dismay of the profiteers, this study showed that a public WCB system is superior to private insurance and the Board decided not to go private. In December 1998 the Alberta Board issued a "Comparative Look at Workers' compensation Models" which again shows the superiority of public boards privatisation plus attrayante ; aussi, l‟organisme devient plus intéressant pour les acheteurs privés éventuels. L‟INDUSTRIE DE L‟ASSURANCE DES ÉTATS-UNIS trouve que l‟indemnisation des travailleurs et travailleuses est le secteur le plus rentable de l‟industrie. Les milieux de travail américains comptent parmi les plus mortels au monde. (Un autre site Web à consulter : http://www.injured-workers.org) L‟industrie 3 6 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance de l‟assurance des États-Unis est également la plus puissante au monde et s‟intéresse vivement à notre « entreprise » d‟indemnisation. Son seul intérêt est l‟argent. 4 LE SYSTEME AMERICAIN EST LE PIRE. L‟indemnisation et la privatisation du genre américain est un des pires systèmes pour les victimes d‟accidents et de maladies du travail. La FAT-COI a documenté le cas de Loretta Shelton, une femme de la Virginie dont la main a été coupée en 1992 et à qui on a refusé la demande d‟indemnisation pour « inconduite ». L‟employeur avait une règle non écrite que les travailleurs et travailleuses ne devaient jamais mettre leur main dans une machine. Même si l‟employeur de Shelton avait retiré le dispositif de sécurité de la machine et que son superviseur avait exercé des pressions sur elle pour qu‟elle travaille plus vite, sa demande lui a été refusée. (Pour connaître d‟autres horreurs de ce genre, commandez WC Notes à : AFL-CIO, 815 NW 16th Street, Room 704, Washington, D.C. 20006, ÉtatsUnis). 5 REMISE EN QUESTION EN ALBERTA. Les forces de la privatisation sont tellement intenses que même le WCB de l‟Alberta a dû mandater une étude en 1990 pour évaluer ses mérites. À la grande consternation des profiteurs, cette étude a révélé qu‟un système d‟indemnisation des travailleurs et travailleuses public est supérieur à l‟assurance privée et ce conseil a décidé de ne pas se privatiser. En décembre 1998, le conseil de l‟Alberta a publié une étude comparative des modèles d‟indemnisation qui a encore une fois démontré la supériorité des conseils publics comparativement à l‟assurance privée. Veuillez consulter son site à www.wcb.ab.ca over private insurance. See their website at www.wcb.ab.ca 5 REASONS WHY PRIVATIZATION AFFECTS YOU: 1 PRIVATE INSURANCE MEANS LESS BENEFITS FOR WORKERS. The Insurance Bureau of Canada representing Canada's insurance industry, says that a significant number of its companies are ready to take over workers compensation and adds that "current benefit levels need to be reviewed." Any doubts as to what they really mean? 2 PRIVATE INSURANCE IS MORE WASTEFUL. In Ontario in 1990, 76 cents out of every dollar spent on workers compensation went to workers, the rest for administration and medical costs. In the privatized California system the figures are reversed - only 34 cents for every dollar goes to injured workers. 3 WITH PRIVATE INSURANCE PROFITS COME FIRST. Private sector insurers can refuse to insure high-risk employers. One would think that the more dangerous a job is, the more the worker needs workers' compensation coverage. Not if you are an insurance company! In 1992 in the state of Maine, private insurers withdrew from the market and refused to write any more compensation policies for profit margin reasons. For a period of time in that year, new businesses could not open and workers went uncovered. 4 PRIVATIZATION MEANS MORE MONEY FOR LAWYERS AND LESS TO THE INJURED. In California, 95% of all cases go to litigation. An estimated 60% of compensation funds go to pay legal fees. 5 PRIVATIZATION MEANS MORE SECRECY: Have you tried to get a copy of your private insurance policy lately? 7 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance VICTIMES D‟ACCIDENTS ET DE MALADIES DU TRAVAIL. En Californie, 95 % de tous les cas sont soumis aux tribunaux. On estime que 60 % des fonds d‟indemnisation servent à défrayer les frais juridiques. 1 L‟ASSURANCE PRIVEE SIGNIFIE MOINS DE PRESTATIONS POUR LES TRAVAILLEURS ET TRAVAILLEUSES. Le Bureau d‟assurance du Canada (BAC), qui représente l‟industrie de l‟assurance au Canada, dit que plusieurs de ses compagnies sont consentantes à faire l‟indemnisation des travailleurs et travailleuses tout en précisant que « les prestations actuelles doivent être révisées ». Avez-vous des doutes quant au sens de cette déclaration ? L‟ASSURANCE PRIVEE GASPILLE DAVANTAGE. En Ontario, en 1990, 76 cents de chaque dollar d‟indemnisation ont été versés aux travailleurs et travailleuses, le reste a été dépensé pour les frais d‟administration et de soins médicaux. Dans le système privatisé de la Californie, les chiffres sont renversés : seulement 34 cents de chaque dollar sont versés aux victimes d‟accidents et de maladies du travail ! 2 DANS LE SYSTEME PRIVE D‟ASSURANCE, LES PROFITS PASSENT EN PREMIER. Les assureurs du secteur privé peuvent refuser d‟assurer des employeurs à risque élevé. On serait porté à croire que plus un emploi est dangereux, plus le travailleur ou la travailleuse a besoin de la protection de l‟indemnisation. Pas si vous êtes une compagnie d‟assurance ! En 1992, dans le Maine, les assureurs privés se sont retirés du marché et ont refusé de rédiger des politiques de rémunération pour des raisons de marge bénéficiaire. Pendant un certain temps, cette année-là, les nouvelles entreprises ne pouvaient pas démarrer et les travailleurs et travailleuses n‟étaient pas couverts. 3 4 8 LA PRIVATISATION SIGNIFIE PLUS D‟ARGENT POUR LES AVOCATS ET AVOCATES ET MOINS D‟ARGENT POUR LES 5 LA PRIVATISATION VEUT DIRE PLUS DE DISCRETION. Avez-vous essayé récemment d‟obtenir une copie de votre police d‟assurance privée ? �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance QUELLE EST LA LEÇONÀ ÈN RETIRER WHAT'S THE LESSON? P rivatization is a real threat and we should not depend on the Alberta WCB to lead the fight against it. Injured Workers beware! Our task is to act now. The best way to stem the tide toward U.S. - style privatization is to improve our compensation system for injured workers now. While private insurance has a "killing them softly" approach to the compensation boards, we should have a "resuscitate them strongly" approach to upgrade and update them to the needs of workers in the new millennium. Injured workers are not for sale. Workers' compensation is not for private gain. Workers' Compensation for Workers? What an original idea for the year 2000. L a privatisation est une véritable menace et nous ne devons pas dépendre du WCB de l‟Alberta pour la combattre. Victimes d‟accidents et de maladies du travail, prenez garde ! Notre tâche est d‟agir maintenant. La meilleure façon d‟enrayer la vague vers la privatisation du style américain est d‟améliorer dès maintenant notre système d‟indemnisation des travailleurs et travailleuses. Alors que l‟assurance privée a une attitude de « tuons-les doucement » envers les organismes d‟indemnisation, nous devrions avoir une attitude de « ressuscitons-les vigoureusement », afin de les renouveler pour qu‟ils répondent adéquatement aux besoins des travailleurs et travailleuses dans le nouveau millénaire. Les victimes d‟accidents et de maladies du travail ne sont pas à vendre. L‟indemnisation des travailleurs et travailleuses n‟existe pas pour le gain privé. L‟indemnisation des travailleurs et travailleuses pour les travailleurs et travailleuses… quelle excellente idée pour l‟an 2000. A FUN QUICK TEST OF INTELLIGENCE. READ THIS SENTENCE: FINISHED FILES ARE THE RESULT OF YEARS OF SCIENTIFIC STUDY COMBINED WITH THE EXPERIENCE OF YEARS. NOW COUNT ALOUD THE F'S IN THAT SENTENCE. COUNT THEM ONLY ONCE. DO NOT GO BACK AND COUNT THEM AGAIN. (SEE ANSWER ON PAGE –15 ) NEVER LIE TO YOUR MOTHER! John invited his mother over for dinner. During the meal, his mother couldn‟t help noticing how beautiful John‟s roommate was. She had long been suspicious of a relationship between John and his roommate and this only made her more curious. Over the course of the evening, while watching the two interact, she started to wonder if there was more between John and the roommate than met the eye. Reading his mom‟s thoughts, John volunteered, “I know what you must be thinking, but I assure you, Julie and I are just roommates.” About a week later, Julie came to John and said, “Ever since your mother came to dinner, I‟ve been unable to find the beautiful silver gravy ladle. You don‟t suppose she took it, do you?” John said, “Well, I doubt it, but I‟ll write her a letter just to be sure.” So he sat down and wrote: “Dear Mother, I‟m not saying you „did‟ take a gravy ladle from my house, and I‟m not saying you „did not‟ take a gravy lade. Buth the fact remains that one has been missing ever since you were here for dinner.” Several days later, John received a letter from his mother which read: “Dear Son, I‟m not saying that you „do‟ sleep with Julie, and I‟m not saying that you „do not‟ sleep with Julie. But the fact remains that if she was sleeping in her own bed, she would have found the gravy ladle by now. Love, Mom. Lesson of the day – Don‟t lie to your Mother. 9 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance Provincial Updates: Focus on PRIVATIZATION OF WCBs BRITISH COLUMBIA In BC privatization has not been an issue with respect to the workers' compensation system overall. What the BC Board has done over the last few years is move more and more in the direction of using 'outside service providers' to fulfill many of the functions previously handled within the Board. Although in the beginning this practice raised some hopes that outside service providers might bring a measure of professional ethics and integrity. As well they may bring a mix of human compassion and respect into the system, long ago discarded by Board staff. This has, for the most part, not been the case. What seems to be the more common result is that many outside service providers very quickly become WCB, or WCB / ICBC processing agents who simply herd patients through Board dictated programs to satisfy a predetermined result provided by an adjudicator or rehab-consultant. In one example an outside service provider in North Vancouver designed an entire 'work conditioning program' for the injured worker around a previously ruled out diagnosis, but one that better suited the Boards preferred end goal. The 'mandatory program' included exercises the patient was warned to specifically avoid by a number of specialists. To compound the problem the 'facility' was so overcrowded that the exercise program designed to be done in a specific order was impossible to complete without waiting so long for the necessary equipment that the intended purpose of the exercise 'set' was lost. The program 10 coordinator's solution was to instruct patients to ignore the order of exercise which she had been previously instructed was important to adhere to, and simply jump around to whatever station was free until you had completed all the exercises. Equipment was in poor repair and out of calibration, with the same equipment being drastically different in resistance while on the same settings, and exercise stations were not maintained at a safe distance from each other, or from main traffic corridors. In the end the program coordinator provided the WCB with a report which was supportive of the Board's previously expressed position on further entitlement. Even though this was totally contrary to the evidence provided during the program. As a result, the injured worker was cut off benefits. To add insult to injury, the agency altered file records after completion of the program when they became aware that the credibility of the program had come into question. Perhaps the most alarming factor related to the above example and numerous others like it is that this 'program coordinator', who has clearly adopted the typical WCB attitude and practices, was not some junior employee afraid for their job, or subject to manipulation or bullying by the WCB. This was a qualified physiotherapist and the co-owner of the company. Regardless of what you call it, there has been a significant move to use 'private companies' to provide WCB services and programs. Unfortunately the general consensus of late is that most have simply become off-premise divisions of the Board operating with the same attitude towards injured workers' as the Board has always had. �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance 'Outside service providers' should for the most part be considered in the same light as one would the WCB. Injured workers subject to the involvement of outside service providers directed by the WCB should diligently maintain active control over their program. They must ensure accurate records are kept and agreed to, disputes should be noted in writing at the time they occur and on an ongoing basis, and workers should keep their own set of records and demand copies of documentation from program coordinators. What is important to understand is that these 'outside service providers' must be 'approved' by the WCB and often end up with their entire client base being made up of injured workers. In many cases the conduct of service providers may be regulated by other professional organizations such as the College of Physiotherapists, College of Psychologists, etc. They are subject to building code requirements and safety regulations as well as any number of other rules, regulations, and restrictions which some tend to continually violate. Formal complaints should be made to the appropriate authority whenever any of these issues arise. The bottom line is that service providers who discard their personal and professional ethics and operate on the basis of satisfying the Boards wishes rather than in the best interest of their patients, need to be identified, exposed, and closed down, not just with respect to providing services for injured workers. This type of disregard for any accepted level of personal or professional ethics has no place in the private sector any more than it does in the workers' compensation system. ALBERTA In Alberta, the question is not about whether the Workers' Compensation Board is going to be PRIVATIZED. It is a done deal. The big question here is when will the Government move to open free-market competition to WCB Alberta monopoly stranglehold? In Alberta, the philosophy is that privatization is a cure all, to all that ails any government run agency. This remarkably includes the very social fabric that holds society together. The burning question in Alberta is what form of privatization will the Workers' Compensation Board evolve into? And which province of Canada will be next? I believe by the very actions our government has taken thus far, it is prepared to open the door to outright competition of WCB. One should be aware that under Bill 16, which gave the WCB awesome powers, where even the Auditor General from the government side had grave concerns of creating a potentially out of control agency which would be above reproach. (Carte/Blanch) In fact, this Bill 16 was passed in June of 1995. What is remarkable about this Bill is that the Minister responsible for WCB was the author of the Bill, which the government backed. Amazingly, there was no major opposition to this Bill, especially, and in particular, from unions and injured workers associations. This Bill for all intents and purposes set up a private organization better called privatization. So the rallying cry is going out across Canada to the ramifications of this Alberta experience that could snowball to a province near you! So please join us, while there is still time to stop this experiment in it's infancy. UNITED WE STAND, DIVIDED WE FALL. What has evolved is the Corporate name called the "WCB-Alberta" which purportedly calls itself a "non-profit mutual insurance corporation". In fact, WCB-Alberta is it's own entity, where it has free rain in it's business, where it can extort as 11 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance much money it wants from the employers. Not to be outdone, it can steal money or not pay out entitlements that are due to VICTIMS OF WORKPLACE ACCIDENTS. This "For-Profit" government agency is run by a Board of Directors with ultimate control over all WCB matters with a "safety clause" that the government suggested in case of disaster, would revert back to the government if it failed to balance it's books and show it is viable without government money. There is no UNIVERSAL COVERAGE AND ASSESSMENT in Alberta. It seems that the multinational businesses in Alberta are only paying token amounts of money in private deals with WCB to not expose them on the exception list of non-payers. It is the small businesses who are paying the lions share of funding. The WCB Board of Directors are still being controlled by government appointment, thus far. The government, in it's infinite wisdom, relinquished all controls over the operations of WCB. In turn, WCB-Alberta has thrown the Meredith Principle right out the window. Where it intentionally only mentions one side of this principle and that is the employer funding. One only has to look as far as the 5 year strategic plan 1999-2003, to see that the mandate has drastically been altered and broadened, even WCB's so called core business has changed The true test of WCB's blatant mishandling of injured workers, is where the rubber meets the road, and in reality, it is so prevalent that WCB issues are one of the most pronounced problems that MLA's in Alberta deal with. To add to these corrupt practices, is the WCB's significant OFF LOADING on to the Alberta taxpayer system. The WCB have a systematic denial (blanket denials) of the 20% of chronic claims, thought would have cost 80% of the costs. This highly offensive and unethical practice have put pressures on already burdened services such as Alberta Health, EI, CPP AISH, and what's left of outreach programs that have helped the walking wounded. (INJURED WORKERS). 12 ONTARIO There is some talk about the WCB privatizing in Ontario. We suspect that this is the goal of our Tory government. The Tories believe in the private spectrum. Instead of convincing the public that it‟s a good idea, they are denying it. We believe its being discussed behind closed doors. We are challenging privatization, by warning people that if this happens, it would be as bad as it is in the USA where it is privatized. We are providing information and the use of the Alberta study, which has shown that the public system is less costly than private Insurance. Privatization has already occurred in some areas within the Ontario WCB. Medical rehab is being provided by service providers and medical institutions; Vocational rehab is the recent biggie which is public knowledge; Initial adjudication is happening in some cases; Claim file reviews and overpayment/debt collections have gone to private companies. A private consulting firm was hired to determine the "core business" of WCB. These were determined to be developing interpretation of the legislation and not much else. All other functions can be privatized. Privatization has no positive effects for injured workers. Negative effects although mean more company profits, less money to injured workers, increased use of the court system, delays, expense and stress to the injured worker. Public system advantages are: - assured coverage and less expense for employers - for injured workers it means more funds available for benefits & services, an appeals system, and better access for reform �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance - for the public it means better protections if injured, and less of a burden on taxpayers. Powerful interests (the Insurance Companies) are pushing for privatization, purely for profit. This is not the interest of any one else - not even businesses and certainly not injured workers. NEWFOUNDLAND Privatization of the Workers' Compensation Commission in Newfoundland and Labrador is not an issue at this time. To our knowledge, this issue has never been addressed. PRINCE EDWARD ISLAND As an injured worker group representing a lot of people on PEI, we are shocked to say the least that the WCB is to possibly be privatized. We are not entirely positive that this is starting to take form on the island, but we do know something is in the making. The WCB down here has released an article whereas the workings of this no-fault insurance organization has been scrutinized by all parties. A complete comprehensive study of the WCB is taking place. Tenders have been sent out to have a consulting company do they study. This is a large step but what the consequences to follow is anyone's guess to the outcome. In the past several weeks, we have seen new doctors progress reports, employer's reports and the employee's report of the accident. Previously, we as an injured worker never heard tell of objective medical findings on our reports, questions such as the word, recurrence usually baffles the minds of our medical profession. the presenting symptoms consistent with the objective signs - yes/no?; Are the presenting symptoms proportionate to the objective signs yes/no?; If not, are there possibly other factors delaying recovery - yes/no?". These are only a few things regarding the pilot medical progress report. The report of the employers report is 3 pages and more complicated than before. The workers report of injury is 5 pages in detail and God help an injured worker who is not educated in the workings of WCB. This could really destroy their chances of getting benefits if they did not get outside help from a group or organization. It is so complicated that an individual versed in these matters had a hard time trying to understand the forms. If this is the steps that the WCB all across Canada are initiating, then the injured worker is being dealt a very undeserving blow and something has to be done. In the past few weeks, we have been in contact with injured workers in the U.S.A. and if we in Canada think we have problems we don't compared to the horror stories that are heard from injured workers there. In closing we must insist on our given rights to choose which doctor we want. WCB has to be given the message they need to support us, do away with the thoughts of private insurance models. The medical profession has to be invited to open forums of injured workers, explain what is taking place in an injured workers life. Some way, we must get rid of Board Doctors and have a medical panel who is non-bias towards the injured worker. At the same time, emphasize to our own family doctors the importance of their role. We really, really need and appreciate them more than ever. Some of the questions are: "Is this a recurrence of a previous injury?; Is this a new injury or a recurrence?; What are the objective physical findings to substantiate the above answer?; Are 13 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance NEWS & VIEWS CLC CONVENTION PASSES RESOLUTION IN SUPPORT OF INJURED WORKERS ORGANIZATIONS We are very pleased to report that we had an information table at he CLC Convention in May. We asked for support on resolutions in support of injured and disabled workers that came to the floor for a vote. Well – we were successful. Thanks so much to our union friends across the country! This resolution was passed on Friday morning. May 7th, 1999 WHEREAS injury and disability at work is a major concern of all working people and their Unions; and WHEREAS organizations of injured workers share the same goals; and WHEREAS many of the members of injured workers' groups are or were Union members; THEREFORE BE IT RESOLVED that the CLC support injured workers' organizations and their national umbrella group, the Canadian Injured Workers' Alliance; and THEREFORE BE IT FURTHER RESOLVED that the CLC encourage Federations of Labour, Labour Councils and Affiliates to actively support the organizing of injured 14 UNE RÉSOLUTION SOUTENANT DES GROUPES DE TRAVAILLEURS/TRAVAILLEUSES BLESSÉ(E)S A ETÉ APPUYÉE PAR VOTE DE LA CONVENTION CTC: ATTENDU QUE les accidents et maladies du travail constituent une grande préoccupation pour tous les travailleurs et travailleuses ainsi que leurs syndicats; et ATTENDU QUE les organisations de victimes d’accidents et de maladies du travail partagent les mêmes objectifs; et ATTENDU QUE plusieurs membres des groupes de victimes d’accidents et de maladies du travail sont ou étaient des syndiqué(e)s; PAR CONSÉQUENT, QU’IL SOIT RÉSOLU QUE le CTC appuie les organisations de victimes d’accidents et de maladies du travail et leur organisme de coordination national, l’Alliance des victimes d’accidents et de maladies du travail; et PAR CONSÉQUENT, QU’IL SOIT DE PLUS RÉSOLU QUE le CTC encourage les fédérations du travail, les conseils du travail et leurs groupes affiliés à appuyer activement l’organisation des victimes d’accidents et de maladies du travail et de leurs groupes, et que ces associations appuient financièrement ces efforts quand cela est possible; et PAR CONSÉQUENT, QU’IL SOIT FINALEMENT RÉSOLU QUE le CTC encourage les fédérations du travail, les conseils du travail et leur groupes affiliés à demander la participation des groupes de �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance workers and injured workers' groups and to contribute financially wherever possible to these endeavours; and victimes d’accidents et de maladies du travail dans l’élaboration des politiques de travail en matière d’indemnisation et de sécurité. THEREFORE BE IT FINALLY RESOLVED that the CLC encourage Federations of Labour, Labour Councils and Affiliates to seek the input of injured workers groups in the development of labour policy around compensation and health and safety. Repetitive Motion Syndrome Association The Association for Repetitive Motion Syndrom publishes a newsletter written by and for those suffering from RMS. For more information contact Stephanie Barnes, PO Box 471973, Aurora, CO 80047. U.S. Social Security/Workers Comp Rules Change Withdrawn The proposed social security and workers compensation offset rules change (proposed by SSA in the Federal Register in April 1998) is "completely dead" according to SSA Baltimore staff speaking at the recent meeting of the examine introduction of competitive workers' compensation market. Hung Pham, MLA for Calgary-Montrose, developed a private member's bill that passed first reading the legislature on February 22. WCBAlberta stakeholders should be aware of the implications of this proposed legislation. International Association of industrial Accident Boards and Commissions in Saint Lewis. Credit for the successful derailment of this onerous rule change goes to everyone involved in a massive national letter writing campaign coordinated by the Workplace Injury Litigation Group. SSA was deluged with forceful, pointed, and credible letters from injured workers, attorneys, labour leaders, industrial accident board commissioner, state legislators, state attorneys general members of congress and other state and federal elected and appointed officials. This is an example of how the trial bar, working in conjunction with labour, can successfully influence the federal rulemaking process. Watch for future action on key issues as they arise. ALBERTA MLA Proposes legislation to Bill 211 would establish a Select Special Committee to examine introduction of competition into the workers' compensation insurance market in Alberta. The committee would make recommendations to the legislature after engaging in public consultation and reviewing workers' compensation systems in other jurisdictions. Once established, the committee would have 12 months to report back to the legislature. 15 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance FOCUS ON FACTS Taken from a Publication of the MFL Occupational Health Centre Table 1 WHAT IS WORK ORGANIZATION? Work organization is a broad concept with no strict definition. It deals with the way work is organized and managed. The following subjects are among the basic elements of work organization. Scheduling: This refers to work and rest schedules, over-time, shift work, hours of work. Job design: This includes the complexity of the work, the pace of work, the skill and effort required, and the degree of control the worker has over the job. Interpersonal issues: This would include the relationships that a worker has with supervisors and co-workers. Career concerns: this includes job security and the opportunity for advancement. Organizational characteristics: This refers to the broader corporate culture and the level of corporate communications. IMPROVING WORK ORGANIZATION WHAT WORKS, WHAT DOESN'T. Studies of programs intended to reorganize work to reduce occupational stress have come to a number of conclusion. Successful programs: - improve employee self-worth by recognizing stress reactions as legitimate. - allow worker groups to discuss problems and develop plans for solutions. - provide the needed economic and technical resources for change. Less successful programs: - impose totally technical solutions - direct attention away from difficult working conditions by treating the symptoms - allow management to maintain constant control by limited awareness or stifling discussion. A FUN QUICK TEST OF INTELLIGENCE (ANSWER) THERE ARE SIX F'S IN THE SENTENCE. ONE OF AVERAGE INTELLIGENCE FINDS THREE OF THEM. IF YOU SPOTTED FOUR, YOU'RE ABOVE AVERAGE. IF YOU GOT FIVE, YOU CAN TURN YOU NOSE AT MOST ANYBODY. IF YOU CAUGHT SIX, YOU ARE A GENIUS. THERE IS NO CATCH. MANY PEOPLE FORGET THE "OF'S". THE HUMAN BRAIN TENDS TO SEE THEM AS V'S AND NOT F'S. PRETTY WEIRD, HUH? IT FOOLS AMOST EVERYBODY Two college students went partying instead of studying for their physics final. So they skipped the exam and showed up afterwards telling the prof that they had a flat tire. They asked if they could take the test the next day. The prof said okay, so they stayed up all night cramming, until they were pretty sure they could pass. The prof assigned them to separate rooms for the final. Each kid shrugged and went off to his assigned location. The first question, for 5 points, was explain nuclear fusion. Easy. The second question, for 95 points: Which tire was the flat one? 16 �l’Alliance Canadienne des victimes d’accidents et de maladies du travail Canadian Injured Workers Alliance CIWA/ACVAMT Is about Our Goals SUPPORT We are a national network of injured worker's groups (IWG's) and we exist to strengthen and support the work of local and provincial IWG's across Canada. INDEPENDENCE We believe that injured workers should be in control of their own destinies & Injured Workers groups must be democratically controlled by injured workers. PARTNERSHIPS We believe that we can best assist these objectives by providing training and educational resources in partnership with provincial or territorial organizations of injured workers and the trade union movement at all levels. INFORMATION SHARING We believe that by sharing our stories and our experience we can learn from each other and become better educated and exert more control over our lives. To work towards a just system of compensation, rehabilitation and re-employment in all of Canada. To provide a national forum for debating issues concerning injured workers at national conferences and board workshops. To gather and share information with groups across Canada. To improve the Occupational Health & Safety of workers across Canada. To identify and make available, educational and training resources produced by the union movement and other agencies, that focus on organizing and maintaining effective injured worker groups. To enhance the local base of the injured workers movement through all our activities. To form partnerships that will achieve common goals. To connect with the injured workers group nearest you check out our web site at: www.ciwa.ca and click on people and organizations OR Call the office at (807) 345-3429. This Newsletter is intended to share information of interest to injured workers, union activists and their supporters. It provides a forum for sharing our experiences - so we can learn from each other - in order to improve the lives of injured and disabled workers and the system that is there to assist them. Please help - by sharing your story with us. Page 17 � Dublin Core 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 Description An account of the resource Articles about Creator An entity primarily responsible for making the resource CIWA 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 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource Canadian Injured Workers Alliance Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource CIWA Highlights Newsletter Summer 1999 Description An account of the resource Articles about the Peer Support Project; WCB Privatization with Provincial comparisons; CLC convention resolution in support of Injured Workers Associations; work organization. Creator An entity primarily responsible for making the resource CIWA Date A point or period of time associated with an event in the lifecycle of the resource 1999 Format 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/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