Monday, 8 January 2018

My Story! Part I – Introduction



This blog is about my story and my fight with the WSIB - Ontario’s WCB, the WSIAT - the Tribunal, and my fight through the court system, where it is presently sitting at the Court of Appeal for Ontario.



In my first post, I said I was going to be posting about MEDICATIONS AND THE RISKS OF RETURN TO WORK, which is what inspired the Blogging.

Blogging - Oh man, that sounds even worse, like seriously throwing up on a Sunday morning! Sorry!

Well, I lied, being lied to is something that injured workers should be used to by now! Technically, I didn’t lie, this is in fact another WCB trick, which is to weave their lies in half-truths.

Sheet! I am starting to act like the WCB, after fighting against them for soooo long!  



At any rate, my second post whoopsie - Blog! I felt would serve you better, instead of the medication one, I felt this one, which is telling my story. This way, you know who these blogs are coming from. Now I will say that ‘my story’ is severely water downed, as I have left off many important points to get to the point. However, I started telling a detailed version of my story on the website, with backup documentation and all. Unfortunately, I ran in to publishing issues and I am presently changing everything over. So, the story stops at the first year I believe.  



I felt telling my story first was more important and may inspire you and other injured workers to NOT GIVE UP YOUR FIGHT! You do not know how important it is that injured workers not give up their fight, for their rights! I say this from the bottom of my heart! Aww, crap! now I am getting all mushy and sappy on you! CHILAX! (an old but appropriate word) to those who wanted the medication Blog, it is coming! Very shortly!



But seriously, if you, as an injured worker, more importantly a person, realized that you have rights! That these rights cannot be systematically stripped away, by the WCBs, or anyone else, unless you as a person allow it! They are rights that are guaranteed to you – like getting a free pizza after 30 minutes – Cheesy I know - oh I am bad eh!



The difference is that your rights, as a person, are enshrined in the highest law in Canada, the Constitution. This is also the case in most other countries like Canada, such as: The United States, Australia, The United Kingdom, and many others. Let me ask you a silly question here! Have you ever read the constitution? Or in the case of Canada the Charter of Rights & Freedoms, which is part of the Constitution? If you have please don’t be offended, but sadly most Canadians and people have not. Why? Because they, we are normal people who are too busy with work, family, and our lives. However, when you get hurt, the law is involved and now is a good time to consider giving it a glance or two! 

Here is where you can find it for Canada.





Did you know as a point of fact, that businesses in Canada do not have rights! Yes, you read that correctly!

According to the Supreme Court of Canada in their decision of RJ Macdonald v. Canada. This case involved a major tobacco company who went after the government claiming the laws, which restricted tobacco advertising, violated the company’s rights! The Supreme Court of Canada said, you do not have rights, therefore your argument is false! – So, to speak!

Therefore, whenever I hear an employer say, “We have rights” I start to sarcastically laugh. This of course, generally offends them and rightfully so. Aside from the false claim, of a business having rights, do you know why I laugh?

I laugh simple because the person I am dealing with is a physical person, and they are trying to impose their rights on their business/employer, which is well… laughable! 

Try it sometime and after you stop laughing and the employer gets angry at you, then you look at them and say you are a person – a tangible thing with rights, a business is intangible no matter how much money or assets it has. It can not vote, it can not claim rights under the Constitution or the Human Rights code! It has no rights, as I have. So, please do not claim the business is a human again, thank you. After they have recovered from that (as this generation says, ‘mike drop’), they will rethink their position and maybe be more respectful of you. I say maybe….





Ok, so I am not sure if it is my ADD, or the alcohol, yet again I got sidetracked, or as I have smartly claimed - I created a “side note” 😊!



By the way I apologize in advance, as this blog is going to be a bit of a whopper! As it tells the story of my injury and my fight to some degree which encompasses more than twenty years. So, grab a beer, a glass of wine, a cup of coffee, or whatever floats your boat, and sit back and enjoy – so to speak! To make things a bit more manageable I have broken this blog down into parts.



So, where was I? Oh yes, my story and my fight to the Court of Appeal for Ontario. Again, alcohol induced memory loss. Of course, I did get hit in the head during my work accident, so maybe it is from that! If you have ever seen the 2015 movie Concussion, with Will Smith you will understand – great movie by the way, I encourage you to watch it! 



So, at any rate, I will give you a quick overview of my fight, which led me to my appeal to the Court of Appeal for Ontario. I want to add and need you to know that I am NOT A LAWYER, nor do I have one, or even consult with one! I did everything on my own, with information and legal research. This is all I basically had. So, this is the story in a quick watered-down version…. well sort of quick. I have started to post my story on my website with considerably more detailed and supporting documents and can be found here http://www.fightwcb.org/my-story.html



As I said before, I am going to break this story down in to more manageable parts and release each part that way you are not overwhelming with one huge read.



My next Blog will be about my work injury….


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