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May 04, 2007 ***NOTE*** The CIWS is has been pointing out that the
firefighters should never have had to fight for this redundant legislation
because the intent of the original WCB Act legislation in all provinces was
that ALL workers should have immediate presumptive status regardless of their
industry and that the burden of proving that the injury was NOT work related is
the sole responsibility of the board. (See
VIOLATING
THE ENABLING LEGISLATION - Violating Presumptive Status)
Tears greet compensation law
`It's been a hard battle for many firefighters and their
families' Kerry Gillespie Queen's Park Bureau
Tears of pain have rolled down Nathan Shaw's face over
the loss of his father, a Hamilton firefighter, to cancer.
There have also been tears of frustration fighting the
workers' compensation board and trying to prove his father's cancer was caused
by a toxic blaze at a plastics plant.
Yesterday, Shaw's eyes watered with tears of joy as he
watched the province pass a law that means no other family will suffer as his
did.
Changes to provincial labour laws will make it easier for
firefighters to get compensation for job-related cancers and heart attacks.
Full-time firefighters with the required years of service
will no longer have to prove to the Workplace Safety and Insurance Board that
they contracted one of eight cancers on the job. It will be presumed to be the
case.
Heart attacks suffered by firefighters within 24 hours of
fighting a fire will also be presumed to be work-related.
In doing this, Ontario is following British Columbia,
Alberta, Saskatchewan, Manitoba and Nova Scotia, which all have similar
legislation.
But by making it retroactive to 1960, Ontario is going
further than any other jurisdiction in Canada, Labour Minister Steve Peters
said.
"I'm speechless. It's been a hard battle for many
firefighters and their families across the province," Shaw, 22, said just
minutes after the legislation was fast-tracked through to a unanimous vote by
agreement of all three parties.
When asked if the new law was a fitting legacy to his
father, Bob Shaw, who died of esophageal cancer in 2004, he said: "Without
question. For my father and all firefighters who have died after suffering a
terrible illness because of their job."
Bob Shaw spent days battling a blaze under black plumes of
chemical smoke at Hamilton's Plastimet plant in 1997. It's considered one of
Canada's worst industrial fires.
For his family, the pain of watching him die of cancer at 55
was compounded by fighting to get workers' compensation.
"It was a horrific experience and I'm glad it is over, or
soon to be," his wife, Jacqueline Shaw, said, referring to the legislation that
should mean they will finally get the compensation Bob Shaw was denied while he
was alive. The government expects at least 65 cases to be affected by this
legislation.
Firefighters put their life on the line to protect
Ontarians, so when they get sick the province must be there for them, Premier
Dalton McGuinty said.
"Your strength helps you guide people through darkness and
smoke into light. Your courage helps you wade into the chaos of an industrial
accident and help mothers and fathers get home safe to their kids," McGuinty
told firefighters at a Toronto training facility yesterday.
"We want to make it fair so you can use all your time and
energy on the most important task at hand should you become ill: to get better,
not to engage in a protracted dispute to get compensation," he
said.
http://www.thestar.com/News/article/210369
***NOTE*** The CIWS is has been pointing out that the
firefighters should never have had to fight for this redundant legislation
because the intent of the original WCB Act legislation in all provinces was
that ALL workers should have immediate presumptive status regardless of their
industry and that the burden of proving that the injury was NOT work related is
the sole responsibility of the board. (See
VIOLATING
THE ENABLING LEGISLATION - Violating Presumptive Status)
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