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Sept 11 2007

Workers Compensation Unions "sound the alarm" - injured worker asks WHY?

"We know the system and its failures best. We know how to fix the problems and think it's time to sound the alarm. Today we are launching a national campaign calling for the reform of the workers' compensation systems in all jurisdictions across Canada."

"What alarm, Mr. Mahoney? Could it be your own employees know of, and want to put a stop to, the unfair practices and tactics used by the WSIB?"

All Injured Workers Need Fair Treatment

Sir: Re: Steven Mahoney's letter to the editor ("Chairperson defends record of the WSIB," The Observer, Aug. 29, 2007,) replying to my letter "Candidate stances on WSIB important, The Observer, Aug. 23, 2007)

First, I would like to apologize to Mr. Mahoney for misquoting his salary.

As for me castigating Workplace Safety and Insurance Board employees, I wonder why then the WSIB employee's own union (CUPE) Local 1750, stated at the Conference of Canadian Compensation Unions held in Barrie Oct. 31, 2006, "We know the system and its failures best. We know how to fix the problems and think it's time to sound the alarm. Today we are launching a national campaign calling for the reform of the workers' compensation systems in all jurisdictions across Canada"(Harry Goslin, president). What alarm, Mr. Mahoney? Could it be your own employees know of, and want to put a stop to, the unfair practices and tactics used by the WSIB?

Mr. Mahoney stated, "Our number one mandate is to prevent injuries, illnesses and fatalities and we all need to work together to that end." Since when has that become the number one mandate of the WSIB? What happened to the serving of the stakeholders, employers and the needs of injured workers, all on equal ground in accordance with the "Historic Compromise" and the Meredith Report enacted into legislation in 1915? Isn't that supposed to be the number one mandate of the WSIB?

It would seem Mr. Mahoney is playing politics by pulling the old "bait and switch." I agree that it's important for us all to focus on workplace safety, but it's just as if not more important for all injured workers to receive fair and equitable financial benefits and medical care, without question. This practice does not happen.

Injured workers have also reported being constantly threatened by WSIB staff and pushed to psychological breaking points where they either give up completely on their WSIB claim or they return to the labour market while still suffering from their original injuries, all because the current WSIB legislation allows for that to happen. In Ontario, the fact that an injured worker even applies for Canada Pension Plan Disability Benefits (CPP(D) can be looked upon as the injured worker having the intention of not returning to the workforce (WSIB Operational Policy Manual).

The injured worker is free to apply for CPP(D) at any time during the WSIB process according to the same OPM section, but then a presumption of non-co-operation may be made if they apply. One hundred per cent of the CPP(D) benefit is then taken from the injured workers by the WSIB, to "offset" the injured workers financial benefits in order to prevent the injured worker surpassing the WSIB's deemed benefit cap.

The next government of Ontario must be aware that it's not only the injured workers who suffer because of the WSIB, but the taxpayers also suffer when the WSIB, a privately funded commission, transfers its obligations to publicly funded programs such as OHIP, ODSP and Welfare by denying injured workers medical treatment and what they rightfully deserve as fair financial compensation for work place injuries.

P.C. Clare

Lambton Shores

http://www.theobserver.ca/ArticleDisplay.aspx?e=689194


HISTORY:
Aug. 23, 2007 - injured worker asks questions about the WSIB to Ontario provincial election candidates in newspaper:
- Letter to the editor from P.C. Clare, "Candidate stances on WSIB important" - (The Observer, Aug. 23, 2007) -
Aug. 29, 2007 - WSIB responds negatively in letter to same newspaper:
- Response to P. C. Clare from WSIB Chairperson, Steven W. Mahoney, "Chairperson defends record of the WSIB" (The Observer, Aug. 29, 2007)
Aug. 29, 2007 - the CIWS responds to both letters:
- Response from the CIWS to the Sarnia Observer Editorials re: Mr. Mahoney (WSIB) and Mr. Clare's Letters - sent August 29, 2007 - (Published in the Sarnia Observer Set 5 2007)
Sept. 11, 2007 - PC Clare's response: All Injured Workers Need Fair Treatment
October 4, 2007 - PC Clare receives answers from Steve Mahoney and responds: Answers on WSIB insufficient



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