Why does Canadian Law Discriminate Against Injured Workers

During this trip down the road of legal redemption I have ran across a whole cross section of interesting humans. A good deal of injured workers some active, some just fed up fighting a system that is so heavily stacked in favor against them. It truly is a daunting beast to go up against. It has been said that a man that has been stripped of everything, is the most dangerous man in the world. Because in his mind he simply does not have anything to loose. It struck me yesterday in one of my trips down the road of discovery that every single side road that the WCB sends you down ends up being a dead end. When every single avenue of legal and administrative, medical road you turn down ends up a dead end it tears at the very fabric that you once thought was a working part of our society. I used to dream that if I where ever to get a IME, that it would be conducted properly. Video Link example.

The AMA Guidelines to Evaluation of Permanent Impairment, Vol. 4, pp3/98, indicates that a loss of vertebral motion segment integrity is a 20 percent impairment, without positive exam findings. The guidelines also indicate that pain with a loss of function is reason for impairment (Chapter 15).
This is a LIVE Link to a Spine Simulator, helps in your understanding of the complexities of a spinal Injury. I hope this emphasizes how critical these medical decisions are, they cannot be left to drop out flunkies (claims managers).
After so many friends, and other injured workers I have met revealed that they where completely screwed over by the bogus WCB IME exams and ended up with nothing or on welfare for life, I don't live that dream anymore. I was on the misguided belief that once that was conducted, then I would at least have a ELP and a NELP pension to live on. I had dreamed that then if there was any money whatsoever from a genuine IME, and not some play acting charade conducted by a felonious hired doctor with malicious intent, that I could apply those monies to going to the Mayo Clinic to have my injuries treated. I now know that that dream will NEVER happen. Across the board government corruption is spilled across our airwaves every day, and every day nothing is done about it. Firing flunkies, and not the man in charge of flunkies is not dealing with corruption. Not showing true transparency and not revealing the true flaws in the system and working on correcting those corrupt mechanisms, does not show true leadership.
Keep in mind, I walk through multiple mine fields the two most dangerous of which are the WCB Alberta minefield, and the AHS minefield. You could die waiting for treatment from either of these agencies, because they are both trying to fix you for under ten bucks.
Then creating even more secretive mechanisms, amendments to (FOIP) to hide cronyism, corruption and bungling is not the "Spirit to Achieve". That is giving corrupt bureaucracies even more powerful tools and mechanisms to DECEIVE, that is not an achievement in my books. I originally thought that some sort of political solution could be arrived at in my situation. I now know that is another dead end. The politicians in charge are too busy with their own greed agenda, and creating even more bureaucracy and more layers of insulation to cover up their bungling, and ineptitude. This party can't be called the Tory party anymore, it has become the GORY party. Because everything they touch becomes a horribly messy Gory Hackjob, complete with Hackmen, Hatchetmen, and of course the obligatory Bagmen. Why do we not have a Honest Leadership and Open Government Act. So a political solution to my situation is now 100% impossible with these bunglers in charge.
Digging in the Crony pot of moron candidates to run our most critical systems in our society is not paving the road of the future. JFK did not get living breathing men to the moon with cronyism. Remember what happened with George Bush and Katrina? A society built on making sure only your contractor buddies have any involvement in achieving solutions to the problems of the day, is not a progressive society. Hardly leading edge policies. The road forward to meet the challenges of an increasingly complex society is rooted in leadership that can envelop all people. All persons, regardless of ethnicity, political stripe, gender or how big their brown paper bag contributions are. This is not Baghdad, and we do not want a Halliburton and Blackwater mercenary style right wing society. Creating a society with a increasingly divided, agitated population and large parts of that society feeling alienated and discriminated against is not progressive. Openly mocking, bullying and smugly trashing your political opponents because they want real answers to real time crisis', is not indicative of leadership in any arena. I was stunned when I heard Hector Goudreau say there was no need for a overhaul of the WCB Alberta. How can these elected officials stand up and say they represent our citizens? We don't all dream of having a Upgrader built in our back yard, I'm not mentioning any names here. The worlds most powerful economy is shifting gears on how it produces and consumes energy, it is focusing on new technologies. The new American Administration is focusing on new ideas, they don't want their landscape carpeted with SO2 flares. We can either be part of the solution, or be left behind. Having our politicians go to the US and brag about how frigging great we are is not what they want to hear. They want to here how we are going to help our largest trading partner get out of this economic jamb, and pave a new future. Harper and Ed just don't get it. They try to claim that they created the economic climate during the boom. BS, We live in a energy/mineral based commodity economy and that is why we ride on these boom bust waves. They knew the bust was coming and lied to the population, and now they try to distance themselves from the outcome. Claiming, "how could we have known?" And, "this is worldwide, we didn't cause it." WE need real leaders, with real reform. If we do not get on board with reform, when we wake up on the day the Americans have completed theirs it will be too late. For us to support leaders who think they can do a end-run around American policy is just plain stupid. By the time they are done reforming their government policies and labor standards, if we have not, we are going to be in big trouble. Harper was bragging about the Mulroney Free Trade Agreement. That document will come back to haunt Canada if there is not real reform here.
This is Alberta and if the people in charge can not see the future coming, then those people need to be replaced. I believe that my remedy to my WCB situation is a Constitutional Challenge. Our rights as a group or as a individual injured worker have been stripped from us because we got hurt at work. We are being discriminated against by the act of denying us true legal remedial tort. Talk to any judge, he will tell you that is not a board made up off old bagmen. All other citizens, under all other circumstances may apply to the courts for tort remedy, except us. All we want is too stand in front of a real judge(s), not a tea club of old crony bagman from the WCB. When the Charter was signed there existed on the books laws that are contrary to the Charter. The WCB acts in All provinces are in violation of the Charter. You cannot strip us of the right to seek true legal remedy, the charter guarantees it. To have laws on the books that discriminate and strip individuals or groups of rights guaranteed under the Charter, is in direct conflict with the Charter of Rights and Freedoms. We are all protected equally under the Law.

The validity of the Workers Compensation Act should be challenged on the basis that it infringes the equality rights guaranteed in section 15(1) of the Canadian Charter of Rights and Freedoms (“the Charter”).
In particular to be specific Section 17 is discriminatory, and as such unconstitutional:

Jurisdiction of Board

17(1) Subject to section 13.1, the Board has exclusive jurisdiction to examine, inquire into, hear and determine all matters and questions arising under this Act or the regulations and the action or decision of the Board on such matters and questions is final and conclusive, and is not open to question or review in any court.

(2) No proceedings by or before the Board shall be restrained by injunction, prohibition or other process or proceedings in any court or are removable by certiorari or otherwise into any court, nor shall any action be maintained or brought against the Board, any employee or officer of the Board or any member of the board of directors in respect of any act or decision done or made in the honest belief that it was within the jurisdiction of the Board.

(3) The Board has authority to reconsider any matter that it has dealt with and to rescind or amend any decision or order previously made by it.

(4) Each matter shall be decided on the merits and justice of the case and the Board is not bound to follow any previous decision or ruling of the Board as a precedent in reaching its decisions or making its rulings.

(5) The Board has the same powers as the Court of Queen’s Bench for compelling the attendance of witnesses and of examining them under oath and compelling the production and inspection of books, papers, documents and things.

(6) The Board may cause depositions of witnesses residing in or outside Alberta to be taken before any person appointed by the Board in a manner similar to that prescribed by the Alberta Rules of Court.

RSA 2000 cW‑15 s17;2002 c27 s10;2005 c48 s2

Because of the publicly renowned mass corruption, abuse of power in creating their own bogus consulted bylaws. The are guilty of mass abuse of human rights. These boards and their Acts of legislation can no longer stand the legal test of legitimacy.
The purveyors of WCB's across this nation have so 100% completely perverted that act, that those documents can no longer be raised as legitimate acts of LAW. To do so is embarrassing the legal profession itself. For any legal intellect to hold that perverted sicko system up as a true legal mechanism, with real tort remedy is completely assinine.
Additionally, no human wants to be forced into a lengthy legal battle for the right to medical treatment of injuries suffered at work. We just want help, real true honest help. I was injured at work, there is no human who wants to be dragged into a legal and medical mine field, laced with bogus medical expert boobie traps. George Bush's crew lost their election, so deal with it.
HMO's are evil.
A famous quote about the Charter he helped shape.
I read a article in the Post by a lawyer who deals with WCB claims across the country, secret agent/buddy. A fantasy out of touch rag, if you believe that BS you ARE a moron. Another sell out, no shortage of them. Level playing field, talk about deluded. Smelly journalism without investigation is not journalism.
The idea of a law firm that advises large employers, while representing injured workers is a old american platform. If you cannot see the trap door in that arrangement, you deserve what ever you get.

Injured Alberta IronWorker Bad News

Well the news just keeps getting worse. I finally get my MRI approved and my lawyer writes me to tell me he does not believe that Legal Aid should fund me. The primary problem with this logic, is the fact that another lawyer already wrote a Legal Opinion on my file and concluded that I do have a valid case. My lawyer's point is moot. I wish that if he does not want my file, then by all means pass it on to a lawyer who does. Honestly, I have my plate full just trying to fight Alberta WCB without having to babysit my Lawyer and lead him around by the hand. Once again Alberta WCB has lied to my MLA's assistant and told her that my lawyer requested my file on May 1, when in fact that consent was faxed on April 3rd, 2009. My doctors request for a MRI was submitted on May 1st.
What really gets me down is:

1. Where is my due process?
2. When does the WCB stop lying and start helping?
3. The appeal process is supposed to be a dispute mechanism, and not a DESTRUCTION OF HOPE TOOL for Claims Managers
4. Where is my IME (Independent Medical Examination)? It is to be conducted at the end of the 2 year period. It is conducted at that time because it is accepted by the Medical Profession that any nerve damage that was done, would have been healed as much as it will ever heal by the end of this time frame. Their acronym is MMI (maximum medical improvement).
5. My Injury is listed as a PCI. Which means I am partially disabled and once my IME is Conducted, my ELP and NELP will have been established and can be disbursed.
6. This is Alberta Government sanctioned Fraud. And I am tired of it. How is any human expected to deal with these Obtuse Obdurates for another 20 years?
7. It is only 3 and a half years and I am ready to kill myself. I was never suicidal until I had to deal with the Felonious Government Insurance Scheme,known as the WCB Alberta.
8. Why have I not been allowed to go to the "Mayo Clinic in Rochester Minn?"
9. I was referred to the Mayo Clinic in Rochester Minnesota last year by my Doctor, and WCB Alberta immediately responded by closing my file. The WCB Alberta mob of idiots has had their share of time to execute their retard fraud show.
10. Now it is my turn. They have proven their ineptitude time and time again. They do not collaborate my health care treatments in good faith. They have proven that they have absolutely no intention of helping a seriously injured worker.
11. I am in constant unending pain and I want some help. I want to go to the Mayo Clinic to which I was referred, and my doctor and Surgeon have already forwarded my medical records last year.
12. You would not treat a dog in this manner. So why does our government sanction the treatment of humans in this manner?
13. Why am I not allowed to have a Case Manager who is not discriminatory, and why has no higher official at WCB Alberta intervened and done a complete review of my case?

Once again, I would like to thank Tony Vandermeer's Office for all of their help. God bless Brenda Goebel. I was misled into believing that Tony Vandermeer's Office was actually doing ANY work on my file. I initially was very grateful and humbled to have a PC MLA actually pretend to do work on my file.
  I originally was duped into believing that Tony Vandermeer actually cared about a terrible injustice being perpetrated against a disabled person.
  Boy was I ever stupid enough to believe that ANY PC MLA could give a crap about hard working Albertans.

 Tony Vandermeer's Office stabbed me in the back and told me on a return visit to
"Forget about my injury and MOVE On with my life".

  There is a god and he does not like do-nothing Floaters like Tony Vandermeer either, and Tony was DEFEATED in the 2012 Alberta Election.

 Just so there are NO hard feelings Tony Vandermeer, I have some advice and some comforting advice for Tony on his defeat,
"Forget about it TONY and move on with your Life"!

Oh yes and thank you Deb, and Dr. Adebayo. You two keep saving my life, and I am humbled. Thank you Doug for your support and those who have been a sounding board for my nervous breakdown. TY Kim for knowing what to do, and when. Who knew PTSD is triggered by obdurate s?

Excuse me while I have my Human rights stripped away

Tomorrows Post



I am never at awe anymore when the WCB Alberta strips away yet even more of my individual rights under the charter, or the phoney rights that are supposed to be adhered to by WCB Alberta.
From the very beginning, once I had arrived home from the Hospital, which I did not want to leave because of my extreme physical limitations. I knew that WCB Alberta would not have home care in place, and guess what?, they did not. I started receiving letters from WCB Alberta about the looming return to work date. I was stunned, they (http://www.wcb.ab.ca), had embarked on a program of Intimidation and coercion right from the beginning. Case Plan Letter Page 1, 2, 3, 4. The RAH is not responsible for the WCB shoddy home care operation. Had the Hospital set it up, it would have been in place before I arrived.
The threats and intimidation (coercion) did not end there, they had to get me to the Millard Health Center to fully invoke their sinister plan. The trap was set and all they needed was for me to walk in the door. They (WCB Alberta) had "profiled" me right from the beginning and had no plans whatsoever of planning my Rehabilitation. They were simply springing a trap for me to walk into. Knowing full well that I was under extreme physical and mental duress. They knew it would not take much to use duress as a tool to psychologically stomp all over me. And they executed it beautifully in a WCB Alberta kind of way.
The woman who did my FCE (functional capacity evaluation) then produced a document and herded me into a office with a camera in the ceiling. (Strange form of Rehab) She wrote I had "imagined my injuries to be greater than they actually were". I told her that the majority of my pain in my lumbar and lower area was radiating from the area of my original injury. She told me that I had signed off on that injury years ago (Untrue) and that I would have to sign a similar document now. I refused. She told me I had to and again I refused. She returned sometime later and said that I would not have to sign the document and I left. Dr. Sonnenburg himself wrote WCB Alberta that I have had 3 compensation related previous back injury claims.

It was when I went to meet with the director of return to work services, and that is when all the trouble started. You guessed it!, time to have more of my individual rights stripped away. Bruce Eidick produced a document, that said very explicitly that I had to show up every day @ 8 a.m. sharply or I would be cut off. That was not possible then and to this day is not possible. When I am up all night in pain that is not possible. Every doctor knows that a side effect of Chronic Pain is Chronic Fatigue. And at this rate I will never get my proper Rehabilitation.
It also stated that if I did not make it in, that I had to phone in at precisely 8 a.m. sharp or I would be permanently cut off of benefits. I informed him that this was not possible. He left and returned to tell me there was a phone call in the control room for me.
It was my wonderfully abrasive Claims Manager Kim Kroetsch, and she yelled at me if I did not sign that document that I would be cut off of benefits. God, how I love how the WCB Alberta so gleefully throws around threats and coercion as a Rehabilitation Tool.

Important Note

I think that it is important to note at this time that, during my time in the hospital originally Doctor Zhiang my Orthopedic Surgeon had considered sending me to the Glenrose Hospital for Rehabilitation. I really don't think he fully understood the underlying consequences of letting the "hackboys" at Millard have a go at me. And the fact that the WCB Alberta was already pre-disposed to a program of discrimination against myself. They cannot dispute this since this letter is living proof of their program.

I wonder if the Mayo Clinic Spinal Fusion Rehabilitation Tools and techniques, employ terror, threats and coercion in their day to day operations?

Obviously seriously injured workers might as well get used to crappy medical care right from the Start. That way they won't know any different and will believe that this is the way "Privately Administered Health Care In Alberta", is administered. Thats it WCB Alberta, set the bar low. From that moment to the present day, I have been subjected to extremely low level "Cheapco" care. At it's very worst was the day I got back surgery to have my hardware removed. I would commit suicide before I would let them do major back surgery on me, on an "outpatient" basis. I mean it. I wanted to kill myself for 2 days afterward. This is the best our system can deliver? You can't even keep a person in for 48 hours of observation and direct delivery of morphine through injection for serious operations.
Yep this is Cheap out Alberta Alright.

I have been asking for a bed since I got out of the hospital 3 years ago. No one ever came around as I was told to evaluate my bed (duh, I broke my back). What do you suppose is the very first thing you would buy for a serious back injury client? Duh!!, a bed! So it really came as no surprise that Colleen Bamford denied my request for a decent bed. I don't really think I have to go further on this subject, not even for the uneducated.

The WCB Alberta is so funny because they go on about their much prized "Appeal" process. It is all B.S. And even the Premier_of_Alberta will tell you, B.S. ain't worth a hill of beans. My very first appeal that I submitted on Sept. 10th, 2007 was fed into the paper shredder by WCB Alberta. It was never filed and I never did get my appeal heard by an appeal board or any higher panel. They have destroyed it and refuse to even acknowledge that they received it.
Thank you once again WCB Alberta for stripping away my rights to appeal. Why would I need those stupid damn rights, huh?
Then when I was cut off the second time by C Bamford, I immediately called the Office of the Appeals Advisor and spoke with a representative there. He retrieved my name + file number and informed me that I was an extremely smart man. Strange, we had only been speaking a couple of moments. And then he informed me that I was probably under investigation for "fraud".
I was absolutely floored, stunned and in disbelief that a rep from the Advisor's Office would speak in such a condescending tone. And that as the say, was that. That was my one and only exposure to this "phoney appeals advisor figurhead". So much for my right to appeal, Again.
My mother told me before she died, she was terribly ill for months in the RAH right after I was cut off of benefits the first time by Kim Kroetsch. Sieg Heil.

She told me, and I quote, " Never give up your rights, because you will never get them back." I only hope that the citizens of Alberta understand this as they stand by idly and watch their health care rights steadily eroded.

I can tell you from the standpoint of a person whose medical care is "Dictated" by a Private Insured Health Care Provider, that health delivered by a super board is totally crappy. Why? Duh, because they dole out care to whomever are their friends, not you and your friends. As such if you are not connected, guess what you get squat baby.

"And the people stood by and blithely watched as their rights were stripped from them".
Brent McGillis, 2009