PERCEPTION IS EVERYTHING!
I do apologize as I
have not been able to do my blogs, on a regular basis, as I wanted to. This is
because I have been very busy with my own court actions and many other issues.
I hope this will soon calm down. I then can get back to finishing my website
and doing more helpful blogs.
As always, I welcome any input good, bad,
and sadly ugly!
Ok so I did it again!
I was going to do a
short post on social media, but I realized to really explain everything I must
turn it into a blog. So, here it is on the “Perception of Workers Compensation Benefits” and what you MUST
know when you are fighting your WCB/WSIB/WorkSafe.
While I am preparing
my legal arguments for my judicial review of the WSIAT (Ontario WCAT) decision,
I realized something. The law allows the WSIAT, at least in
Ontario, to stand as a party to any applications opposing the WSIAT’s
decisions. What is even more concerning is that the courts allow the WSIAT to
aggressively oppose the applications for judicial review (in effect appeals) of
the WSIAT decisions.
This is, in
part, perhaps why in its 40-year history only 2 decisions of the WSIAT have ever
been judicially reviewed by the Ontario Courts.
The only reasons
why the WSIAT has been SOOOO successful is for two reasons.
The first is
that the WSIAT, in most times, are going up against unrepresented injured
workers, who struggle to, learn the court process, conduct legal research, and
attempt to form somewhat coherent and convincing legal arguments. All while dealing
with their injuries.
The second is
that the WSIAT can defend their decision being challenged in the courts, which is
to the point that the WSIAT appears to be almost perfect!
There are two categories
of administrative boards/tribunals in Canada. These categories have an
extremely important purpose, and it is this incorrect categorization that is at
the heart of the WSIAT’s almost perfect record.
The first category are those administrative
boards/tribunals that act in the best interest of society.
These would be for example:
·
Energy regulating boards, who regulates energy costs;
·
Licensing boards, who issue or deny license for driving, liquor
and so on.
·
Social Assistance program board/tribunals, who award or deny
social assistance benefits to
those in need.
The second category would be are those administrative
boards/tribunals that hear and settle disputes between two parties, with
matters that have little or no direct interest in society.
These would be for example:
·
Human rights commission/board who hear a human rights complaint
between one party against another.
·
Landlord & tenant boards who hears disputes between
landlords and tenants.
In Canada, there are over 700 tribunals and
boards, who perform a wide range of tasks. So, there are many more examples.
Now let us see
where workers compensation boards/tribunals fit in these two categories?
As many of you may
know, workers compensation boards pay benefits to injured workers out of a
fund. This fund is solely funded by employers who pay premiums into it. It is NOT
in any way funded by taxpayers. However, as many of you may know, when injured
workers are denied their legitimate claim to workers compensation benefits, in
most cases countless numbers of injured workers are then forced onto taxpayer
funded social assistance programs. This, in effect, transfers the cost of
workplace injuries from employers onto the backs of taxpayers.
For example, in
data obtained from the Ontario Ministry of Children, Community and Social
Services I learned that on average each and every month,
4,444 injured
workers are forced onto Ontario’s social income assistance programs.
This costs
Ontario taxpayers more than $30 million a year!
Ok, so you now
understand the types of administrative boards/tribunals and the purpose of the
workers compensation boards/tribunals.
I ask you now,
which category would you place the workers compensation boards/tribunals into
the first who has a society best interest, or the second who resolves disputes
between two parties?
I really hope you
picked the second, but if you if you picked the first that is understandable as
it can get a bit confusing. This is especially the case where employers and
government are constantly trying to convince us that workers compensation
benefits are a privilege,
when they are a RIGHT!
I say this as it is a
long accepted legal principle that when an individual has been wronged that
have a lawful right of redress! This is also included in Canada’s Charter of Rights & Freedoms under s. 7 - Security of
the Person.
So, in case you don’t
understand, let me explain why workers compensation boards/tribunals fall into
the second category.
First, we are usually
so wrapped up in fighting the workers compensation board and/or tribunal we
forget who the real fight is with – OUR EMPLOEYRS! While workers compensation
laws prevent injured workers from suing their employers, in most cases, the law
does not change the fact that it is still a dispute between you, the injured
worker, and your employer.
Therefore, it is a
dispute between two parties and as such it falls into the second category.
It has no impact on
society, well aside form the negative impact when things fail to work.
Now, why is it that
the workers compensation boards/tribunals and even the courts, wrongly believe that
workers compensation boards/tribunals fall into the first category. It is
simple, stigma. More accurately it is the false perception that workers
compensation benefits are paid by taxpayers, when we all know they are not. As I
explained previously, where more than 4,444 injured workers a month are on Ontario
social assistance. Why because of stigma.
This is why every time
an injured worker opens their mouth the first words out MUST be:
“That workers compensation benefits are funded solely by employer
premiums. They are NOT funded in any way by taxpayers. However,
when legitimate claims for workers compensation are denied to injured workers,
they are then forced onto taxpayer funded social assistance programs. Therefore,
#WorkersCompIsARight and when that right is unlawfully denied it costs
injured workers, but most importantly it costs taxpayers!”
The reason why you say this is to get the decision
maker, law makers, and most importantly the general public in the right frame
of mind. To stop hating injured workers and start questioning the unlawful actions
of the workers compensation boards and tribunals.
My review of the system is WSIB lawyers, Judges and Chairs along with my employers lawyers uses knowingly fraudulent information to deny paying claims. The refusal to self correct this observed practice goes on to no end. For me banishment and shunning from the WSIB. The WSIAT in turn does not interfere with this practice referring it as WSIB policy and procedure. The WSIAT in turn facilitates, supports and encourages WSIB`s continued use of fraud to provoke WSIAT appeals by holding de-novo hearings. That simply hear again claim information using in my case known fraudulent claim information they both refuse to have corrected before the WSIAT hearing. This known patterned system administrated by law society lawyers and judges representing both the WSIB and WSIAT and my employer the City of Toronto makes true address and correction to the systematic defrauding of health providers and injured workers seem impossible. That said addressing insurance fraud by WSIB an insurance provider is my real issue. And correcting systematic fraud used by the law society is a social matter imperative to humanity. Not correcting the use of fraud freely used by the law society administrating both the WSIB, WSIAT and my employer is the law societies moral imperative and means of a perpetual income. My fight transcends best interests of the law society and opposition is a threat to the the corrupted empiric power they hold. Knowing you are unlikely to get justice from judicial bullies and observed legal reprobates for me changes the expectations and purpose of filing appeals with the law society as a demonic power.
ReplyDeleteI have for decades been compelled by spirit to write to the Queens Bench of Magistrates regarding their cowardice and criminal support to their law societies criminal use of fraud and their criminal use of court. Under the pseudonym King Author and have for decades made the Queen my Co-applicant in all communications and my given name is Robert Drinnan
I Robert Drinnan have a WSIAT appeal hearing 2018-00433 on the 25th of April 2022 930.am. Filed to have addressed and corrected fraud used by the WSIB as it defrauds both OHIP my insurance provider and me the injured worker. I entered into the appeal aware of the law societies use of fraud and judicial judges support of fraud used by lawyers. Of the 3 claims being heard is WSIB claim 30884556 filed because the eligibility adjudicator EA used 10 misinformations to draw fraudulent conclusions to then declare. For these reasons your claim is denied.The EAs refusal to further the discussion on denying payment of claim for no reason but fraudulent reason. Provoked an appeal to correct 10 false informations with 10 factual informations that were provided. The WSIB s appeal resolution officer ARO in final decision of claim. Held in writing to not invite clarity or testimony to the fraud used by the WSIB. Was the decision made to refuse to acknowledge 10 counts of fraud with the accompanying facts were ever or even presented for correction in the WSIB appeal. The written decision reiterated claim information and as well added an 11th fraudulent point to uphold WSIBs decision to not pay the claim. I brought this observation of insurance fraud by the insurance provider to the WSIB president and C.E.O and the WSIB Judges and Chair.And both had identical responses sent by their subordinates. Stating we see no fraud used by the WSIB. I politely asked for them to look again at what was appealed for and then look at what was not responded to. Clearly seen is fraud used and correction of fraud refused by the WSIB. I asked them both Tom Teahen president Elizabeth Witmer Judge and Chair to not provoke an appeal with WSIAT Judge and Chair Rosemarie McCutcheon. Over their direction for WSIB staff to use fraud.They then had me banished from WSIB properties and shunned from communication with WSIB personnel for 2 years. Reasoned by my presentation of the founded allegation of fraud as being unfounded allegation of fraud. And for my referring to WSIB staff who refuse polite and civil comunication regarding WSIBs use of fraud being like talking to a bunch of door knobs. This was deemed to be intolerable and unprofessional behavior by the WSIB. Both have since retired and the new WSIB Judge and Chair Grant Walsh has had his staff agsin confirm the WSIB sees no fraud used by the WSIB. And wishes me to proceed as filed an appeal with the WSIAT to have acknowledged addressed corrected and discouraged further the criminal use of fraud by the WSIB. And to proceed indefinitely like Paul Taylor should the WSIAT refuse to hear my appeal as twice filed as they have indicated. By informing me the WSIAT does not interfere in the WSIBs practice policy or procedures in reference to WSIBs criminal use of fraud. Will present my other 2 claims if Paul Taylor allows.
ReplyDeleteKA Robert Drinnan