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Index May 9 2009
Is This Judicial Fairness?"I have a court date (May 26th) set by the Court of Queens Bench for a Judicial Review via private chambers where I will attempt to have an Appeals Commission decision overturned . . . the Appeals Commission is represented by their own lawyer, Sandy Hermiston who is paid out of the accident fund and the "Board" is represented by Curtis Craig who is also being paid out of the accident fund which legally belongs to workers . . . yet any worker who cannot afford legal counsel are forced to represent themselves . . . Is this judicial fairness when workers are forced to go before the courts without knowledgeable legal counsel because of lack of finances as opposed to the Appeals Commission or the "Board" who use the money from the accident fund in a frivolous manner to intimidate a worker who dares to question the unfairness of the appeals process . . . ? "I have a court date (May 26th) set by the Court of Queens Bench for a Judicial Review via private chambers where I will attempt to have an Appeals Commission decision overturned whereby the Appeals Commission have refused to reconsider their original decision that the "Board" has admitted and acknowledged was based on the improper use of the AMA Guides 4th Edition in determining impairment. The Appeals Commission have refused to reconsider their original decision even after the Office of the Ombudsman requested they do so.To show the unfairness of the system the Appeals Commission is represented by their own lawyer, Sandy Hermiston who is paid out of the accident fund and the "Board" is represented by Curtis Craig who is also being paid out of the accident fund which legally belongs to workers and held in trust by the "Board", yet any worker who cannot afford legal counsel are forced to represent themselves as the Office of the Appeals Advisor does not and will not participate in a Judicial Review. Is this judicial fairness when workers are forced to go before the courts without knowledgeable legal counsel because of lack of finances as opposed to the Appeals Commission or the "Board" who use the money from the accident fund in a frivolous manner to intimidate a worker who dares to question the unfairness of the appeals process which has been determined by Justice Friedman that the appeals process does not work and operates in a culture of denial? This is the wonderful system that the provincial governments have forced unto workers in the guise of protecting injured and disabled workers. Gerry Miller Back to Article Index |