Canadian Injured Workers Society

SIGN THE PETITION!

TAKE ACTION
JOIN the CIWS

workers compensation Canadian Injured Workers Society for workers compensation reform

What's Wrong with Workers Compensation?

NEWS
Injured Workers' Stories
About Us
Current Activities
Past Activities
Commissions & Reports
Law Court Decisions
Related Articles
Medical Professionals
Employees' Info
Employers' Info
Politicians' Info
Resources
Privacy and Copyright
Contact
Home

SIGN THE PETITION!




Back to Article Index



March 2008

Systematic Genocide of Injured and Disabled Workers

"I have produced the hard evidence to support my accusations of systematic genocide of injured and disabled workers by denying legitimate claims, reducing or eliminating benefits, which you cannot deny."

Mr. Ed Stelmach;
 
Alberta WCB as well as most WCB systems in Canada have a dual award system. Prior to Dec.31/1994 the dual award system provided pensions based on a PCI (permanent clinical impairment) rating. For example: If a claimant received a 10% PCI rating, the 10% PCI rating resulted in 10% of 90% of the annual earnings. If a claimant netted $30,000.00 a 10% PCI rating would result in $3000.00 a year, $250.00 a month or approximately $8.33 a day based on 30 days in a month for the rest of the claimant's life. If a claimant was 25 years old and received a 10% PCI rating based on the example I have given and the claimant lived till they were 80 years old, they would receive $165,000.00. On top of this if they were assessed work restrictions and they had a loss of earnings they would also receive the loss of earnings as an earning loss supplement.
 
At the stroke of midnight on Dec. 31/1994 and beginning Jan. 1/1995 WCB changed their policy. Of course WCB cannot change their policy unless the WCB Board of Directors agree to the change. The WCB Board of Directors are selected by the Government who are supposed to represent the stakeholders who are employers, workers and the public. There are 9 members of the Board of Directors with 3 members representing the employer, 3 representing workers and 3 representing the public with another member who is the Board Chair. These are the people who can be blamed for many of the problems that injured and disabled workers face. You do have to wonder how these people especially the members who represent the workers and the public could enact policies that reduce benefits as drastically as that which occurred on Jan. 1/1995.
 
On Jan. 1/1995 PCI ratings that had resulted in a pension for life became a one time payment based on the maximum insurable earnings which were at that time $60,000.00. On that date a 10% PCI rating would result in a one time payment of $6000.00. Carried over the same period of 55 years of my first example would result in $109.09 a year, $9.09 a month or 30 cents a day. If a claimant had work restriction and incurred a loss of earnings, the claimant would receive an earning loss payment. An earning loss payment rarely happens so a claimant would receive approximately 30 cents a day for the rest of their life as compared to the $8.33 a day prior to Jan 1, 1995. A person does not have to be a mathematician to realize the cost savings of enacting the Jan. 1/1995 policy that would rob injured and disabled workers out of hundreds of millions of dollars. 
 
There are some ignorant people who suggest that a PCI rating is such that if a white collar worker incurs a 10% PCI rating that they would receive a pension for life without any work restrictions and no loss of earnings. This they say is unfair for an employer to fund a system which pays a pension for life to someone who does not incur any work restrictions and earning loss. The problem with that type of thinking is that rarely do white collar workers suffer a work related injury that results in a permanent clinical impairment. The vast majority of workers who are injured are blue collared workers where the PCI rating becomes a very important part of permanent disability compensation and future earning losses. Further to this, a permanent clinical impairment lasts a life time as does a disability so how or why did the WCB Board of Directors decide that a PCI does not warrant a lifetime pension.
 
Would the change from a large lifetime pension prior to Jan. 1/1995 to a small lump sum payment after Jan. 1/ 1995 result in treating people differently? It would be worth a shot to argue that this was a human rights violation or a Section 15.1 Charter issue. 
 
That my friends is why I adamantly claim that the Government is corrupt as well as the WCB Board of Directors who are ultimately the ones who enact policy that has resulted in financial hardships for injured and disabled workers. While there may be a culture of denial amongst WCB decision makers, they only can do so based on WCB policy enacted by WCB Board of Directors, all who are appointed by the Government, legislation that is enacted by the Government, WCB Regulations enacted by the Government. As you can see the common denominator is the Government who clearly have to be corrupt for allowing the mess that WCB finds itself in although the Government suggests that the system works very well and that injured and disabled workers and myself are nothing more than chronic complainers. 
 
With only minor changes in policy and legislation the system could be fixed without any need to abolish it. My only reason for abolishing the system is because no one wants to take the initiative to fix the system. If there is no initiative to fix the system, then like anything else that no one wants to fix, you simply throw it in the garbage.
 
You cannot teach certain people how to make conscientious decisions based on correctness, ethics, morale, logic and compassionate grounds and should not have to especially when these people are placed in positions where poor decisions seriously affect people that the system is supposed to guarantee assistance. For these people, we as a society must have our elected representatives enact legislation to force them to make correct decisions. You cannot teach people who are members of the mafia, hells angels etc to make conscientious decisions relative to correctness, ethics, morale, logic and compassion so as a society we have laws that force these organizations to abide by law and if they do not then they have to face the consequences.
 
Training people as some naive individuals have suggested is a waste of time. You cannot train people whose agenda is to reduce premiums, reduce compensation and benefits to injured and disabled workers by enacting policies, legislation and regulations whose only intent is to rob the people the system was supposed to assist.
 
I have produced the hard evidence to support my accusations of systematic genocide of injured and disabled workers by denying legitimate claims, reducing or eliminating benefits, which you cannot deny. The Government is condoning the actions of these good people performing good work as suggested by a former Minister in Charge of the WCB, Clint Dunford. The above is only one good example of the systematic genocide that has robbed injured and disabled workers of their self esteem. 
 
Perhaps the Provincial Government along with their Federal counterparts could expand this injured and disabled workers genocide to include seniors as well as the handicapped. I am a senior and my productive years are behind me. Perhaps the Alberta Government along with the Federal Government could reduce or eliminate old age security, CPP retirement benefits, guaranteed income supplements along with forcing seniors to pay higher health care premiums, higher property and school taxes which would force many of us aging seniors out of our homes and onto the streets. Forget about providing shelters for the us seniors forced out onto the streets, simply let us starve or freeze to death. If that is not an option then simply herd all of us up and euthanize or shoot us. We do not deserve to live, as us seniors are non productive, cost the Government money as well as being a large drain on the health care system. The Government can not afford all these costly programs for seniors, just as employers cannot afford the costs of caring for injured and disabled workers. After the Government takes care of the seniors who are nothing more than nuisances, the Government could then go after the handicapped. After the handicapped, the Government can then go after the children too young to work. All of this shouldn't be overly difficult to do as the Government already has condoned the actions of WCB who has been doing this for decades. My point from all of this is, if the Government is willing to condone the actions of WCB and how they treat injured and disabled workers, why not extend this concept to include the aged, the handicapped, and children too young to work. Look at all the money this will save the Governments both Federally and Provincially.
 
You allude to the fact that you are disappointed by the voter turnout. You then state that the right to vote was due to the people who served this country. I am a former member of the military and we were dedicated to more than just ensuring the right to vote. We served to also ensure that Governments were responsive to the people, which means all people, especially the most vulnerable people such as injured and disabled workers who have been lied to by the Government and cheated by the people that the Government has appointed. It is Governments such as yours that we served to protect people from being lied to, cheated, and have had their rights to fair and honest hearings. There is an old saying which states; "All that's needed for evil to flourish is for good people to say nothing" In my naivety I believed that good people ran for public office to ensure that all people were treated with respect, dignity, equality and the right to a fair and unbiased hearing. This is not happening with the people we have elected. It would thus be fair to conclude that the people we elected are not good people would it not?   Can I prove that claimants are not provided a fair and unbiased hearing. You bet I can. Great country we live in!
 
Gerry Miller 



Back to Article Index