Workers compensation boards were
never intended to act like private insurance companies. Their mandate was never
intended to be pure profit - they were created to compensate injured workers
fairly and protect employers from costly lawsuits.
In their race to become more and more like private
insurance companies, the workers compensation boards are lobbying for more and
more power so that they will be free from outside scrutiny by government and
the legal system.
Here are some of the ways that WCBs are lobbying for
more power. The Saskatchewan examples below are indicative of the trend across
Canada.
At the 2006 Review, the Saskatchewan WCB is lobbying
to:
1.)
take
over all responsibility for workplace safety from government Occupational
Health and Safety departments. (The CIWS believes that
WCBs should have NO jurisdiction over workplace safety OR penalties due to
their potential conflict of interest in being funded solely by employers. It is
too easy to deny claims to save money, then just ignore the hazard that caused
the injury. The CIWS believes that the organization that metes out compensation
should not be the same as the one in charge of workplace safety. WCBs have a
dismal record of workplace injury prevention - just glossy PR and gory videos
with little substantive effect. Occupational Health and Safety departments
should take over ALL responsibility in these areas from WCBs and be given the
full power of investigation, regulation and penalty
administration.) 2.) bypass the legal system
by removing
the requirement for a summary conviction before handing out fines to
employers. (The CIWS believes in the legal system of
Canada and that all people have the right to a trial. WCBs should not be 'above
the law'.)
3.)
fine anyone for making
'false statements' without giving them the benefit of a trial.
(The CIWS believes in the legal system of Canada and that
all people have the right to a trial. WCBs should not be 'above the
law'.)
4.)
be able to overrule
FOIPP and HIPA - WCB wants to be able to overrule the Freedom of
Information and Protection of Privacy Act as well as the Health
Information Protection Act. (Considering the
potential conflict of interest and the
reported illegal
activities of the WCB in tampering with medical evidence, the CIWS believes
this would harm injured workers' right to fair representation of their
case.)
5.)
have
complete immunity from lawsuit - WCB does not want anyone to be able to sue
them or any of their employees. (Considering the
long list of
illegal activities reported to have been perpetrated by WCBs against
injured workers, which includes 'negligent' activities such as 'losing'
critical medical information, the CIWS believes that WCBs should NOT be given
the power to be 'above the law'.)
6.)
deny
retroactive compensation for workplace deaths without review - WCB wants to
'close the book' on cases of workplace death from 1980 to 2002 so that
surviving spouses have no recourse for review of the case.
(The CIWS believes that 'fairness is fairness', no matter
how old the claim is, and that surviving spouses should be able to have a claim
reviewed.)
7.)
decrease
transparency of their investment practices - WCB wants to stop reporting
securities held, purchased or sold during the year in their annual reports.
(Considering the
conflicts
of interest reported by the Auditor General of Manitoba regarding
problematic investment practices by the WCB, the CIWS believes that MORE
transparency is called for in WCBs' investment practices, not
less.)
