V.O.C.A.L.

Please Help Canadians

2010-02-09T21:24:00.001-03:30

To whom it may Concern,

Patrick Clayton is not an evil man. The system he was subjected too is the culprit in this case.
All Workers Compensation Boards in Canada practice psychological and physical abuse against the permanently disabled victim. It is this psychological and physical abuse that drives men mad, causes them to commit crimes, causes them to seek treatment from the streets (drugs and alcohol), and even causes them to commit suicide. That is the goal of the Workers Compensation Boards.
Mr. Clayton is not alone suffering pain and torment and fraud and abuse. There are tens of thousands of injured workers across Canada being mistreated the same way. Fortunately most injured workers recover and return to their jobs. For those that can’t, and the WCB’s know immediately which ones can’t, the abuse begins.
What has happened to Mr. Clayton is not an isolated incident. In the last couple of years WCB offices have been attacked in Manitoba and Quebec. To single him out as a worthless drug addict and to imply that drugs are his main problem is only deceitful and incompetent reporting designed to take the focus off the criminal actions of WCB’s. I have to ask why the media treats every case as a single entity when in fact it is Canada wide fraud and abuse against us all?
To prove my point about injured workers being subjected to psychological abuse I offer you this statement from a document prepared by WorksafeBC. It states; “....does not compensate for psychological damage as a result of being involved in the WCB process.”
This process they refer to is the appeals. Most are completely unnecessary and even when there is doubt about disability proper medical/job function testing can confirm or deny such a state. This medical testing is delayed or even completely withheld from the patient.
Part of the abuse is that the patient begins to lose all they own awaiting appeals, have to bear the stigma of being on welfare when they should be receiving workers compensation benefits, have no money for lawyers and are traumatized by being forced to defend themselves when they are too sick to do so. This is especially true in brain injury cases.
One of these cases involve a B.C. man who was brain injured then subjected to repeated cut offs of benefits and under surveillance for years. Just imagine being brain injured and as a result suffering emotional problems such as depression, anxiety, fear, paranoia, and other symptoms. Then imagine having WCB spies popping out of the bushes at every opportunity to take pictures and send false reports back to WCB’s who then cut off benefits.
In Mr. Lockyer’s case he was traumatized from 1989 until 2005. At that point he thought a WCB spy was coming to cut off benefits and he stabbed the man to death. He is now in a mental hospital.

That is the result of the frivolous and vexatious appeals processes that lead to such incidents as Mr. Lockyers and Mr. Claytons. There are hundreds more such incidents occurring regularly. About 28 years ago I found myself in the same position and stole pistols to go to WSIB Ontario and blow their criminal heads off. I served three months for the theft but fortunately came to my senses and did not use the guns for any criminal purpose.
The simple truth is, WCB’s regularly inflict mental and emotional trauma designed purposely to force the claimant to abandon their claims. Suffering unbearable pain while being psychologically abused is why most permanently disabled injured workers commit suicide and/or cause harm to other human beings.
It is time the media expose these crimes against Canadian citizens. If not, why not?

Frederick Palmer
Founder – V.O.C.A.L.
(Victims Of Compensation Abuse League)
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The Four T's of WCB's.
Traumatize, Torment, Terrorize, Torture. WCB and injured workers is a marriage made in Hell. Till death do they part? Always the death of the injured worker who is tortured with untreated pain and tormented by the lies, deceits, and frauds, committed against him/her. How can they do that and get away with it? Listen to this man. He will explain briefly.
http://www.youtube.com/watch?v=Xw1h98CIPqg&feature=sub
Excellent points were brought up in the video provided by Mr. Coady. Especially the Constitutional issue. No one in this country called Canada has the right to remove the basic fundamental legal rights of a Canadian Citizen. Not even the government. People in jail have more rights than injured workers. It is an inequality and injustice to have these laws on the books. The Canada Health Act and the Workers Compensation Acts in each Province must be reviewed and adjusted to conform to the Constitution. Before more lives are ruined or lost.
Frederick Palmer
Founder- V.O.C.A.L.
(Victims Of Compensation Abuse League)
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Click on the following link pertaining to the sad and preventable saga of a man that was let down by the Alberta Government and more than likely the justice system.

http://www.vancouversun.com/news/Accused+hostage+taker+makes+bizarre+court+appearance/2538375/story.html

There are thousands of workers who not only in Alberta but in all of Canada who gullibly believed that the system was supposed to look after them when they were injured or suffered some occupational disease. That is a blatant lie as many workers have found out. The system only protects employers from litigation even when there is criminal negligence causing injury or death, instead an employer is charged under provincial legislation resulting in fines. Mr. Clayton's claim should be investigated and become public knowledge. An inquiry should be held to determine if Mr. Clayton's claim was not handled properly.

for those of you who recall an incident in Manitoba involving a worker was dismissed by the Judge for good reason. To simply prosecute Mr. Clayton without knowing why he did what he did is not the answer. The answer to this is to look at how claims are handled and why there is so much contempt and hatred against the Provincial Government, the Courts and WCB who know what is happening and why but simply sweep everything under the rug so to speak. Mr. Clayton does not deserve to go to jail for something that could have been avoided. Perhaps the appointment of a workers ombudsman would be the first place to start.

Gerry Miller

Job Description; Making Useful WCB Employees

2009-01-31T13:28:00.001-03:30

Employment offered
Job Description; Making useful WCB employees

To make a WCB employee useful, first capture one. This part is tricky because they are slippery and squirm a lot. Take care and have a big club in case they don’t go willingly. Try to avoid touching them and always wear gloves because their slime may contaminate you.

Step two. Bring to well ventilated room with the following equipment;

large pot over open fire
wooden chair bolted to floor
pile of wood under chair
butcher knives
bone grinder for making meal
large ladle for collecting fat
100 wicks for candle making
Two 4 inch stainless steel nails
1 hammer
1 8 foot long table

Step 3. Hire two very angry injured workers who have been tortured and abused for at least 30 years. They will work cheap.

Job Description;
Sit WCB employee animal on seat
Pull out toenails and fingernails then cut off hands and feet Throw hands and feet in boiling pot of water. Use toe and finger nails to make glue.
Gouge out eyes with butcher knife. Feed to dog
Nail both nuts to wooden chair with four inch nails
Cut tongue out and ears off and feed to dog
While still alive then light fire under chair. When just the outer layers of skin are singed, extinguish fire.
Cut nuts off with butcher knife. Feed to dog.
Throw writhing WCB criminal murderer employee in boiling large pot of water
When all fat has been boiled off flesh use ladle to scoop in jars
Insert wicks in jars
Scrape all meat off bones. Feed to dog.
Grind all bones in grinder. Use as fertilizer

Step 4. Hire two injured workers as salesmen.

Job Description;
Sell tea lights made from WCB criminal murderer employee fat.
Sell fertilizer to farmers.

As you can see, this plan makes the WCB employee very useful to society. To summarize the ways;
Dog food
Fertilizer
Light and heat source
Glue
Employment for 7 injured workers. Two for hunting, two for production workers in factory, two for salesmen, and one manager to oversee operations.
Removes moral pollution from environment

This is a long-term project as a supply of criminal WCB employee murderers is limitless. Date of hire is anytime. Place is worldwide

Payment to injured workers consists of all property owned by criminal murderer WCB employee, including houses, investments, cars, furniture, jewellery, wives and kids to make up for our lost families, a medal for bravery for standing up to these criminals, and the respect of all society.

Apply to;
Frederick Palmer
Founder – V.O.C.A.L.
(Victims Of Compensation Abuse League)

P.S. The violent thoughts expressed above are only some of the ways an abused injured worker thinks. Their fantasies involve getting even, getting justice, and this constant denial of an outlet to achieve this justice in a timely manner leads to these kinds of thoughts. With a brain injured individual, these thoughts set off an emotional response of flight or fright. So many injured workers scream into the phone at their abusers not because they are ignorant or immoral. It is because they know they are crippled, lame, unable to do their job duties anymore, and the WCB criminal murderer adjudicators are trained to ignore these screams for help and threats of harm as the ravings of a lunatic and fraud. The constant demand for more medicals when disability has been clearly established is criminal in nature and intent and the reasoning, intelligent, injured worker is well aware of the fraud against them. This lack of swift justice leads to the loss of all property, self respect and self esteem, causes patients to go untreated for extremely painful conditions, depression, anxiety, and a host of other physical, mental and emotional problems. To be cut off from justice in a free and democratic society is intolerable. When the patient is abused to the point of death by suicide, the guilty parties are those that withheld that commitment and trust of care.

The three weapons of murder used are as follows;
Pain (caused by being sent back to work before healed from serious injuries, and permanent nerve damage)
Poverty (caused from being forced to appeal while being cut off all financial benefits while totally disabled from employment and dealing with painful and confusing conditions without any medical care except what the patient can provide for themselves on welfare)
Stress (Caused as a result of the patients knowledge of their disability and its limiting effects on their employment and life in general, while being laughed at by adjudicators, lawyers, doctors, and made out to be a fraud. In other words, having all society call them a liar and fraud and treating them as such, without justification.)

U.S. RICO Laws and Canada's Gang Laws

2008-11-12T02:49:00.001-03:30

Canada has laws related to gang activity. So does the U.S. under its RICO laws. The video I present to you shows exactly what is happening in Canada. I advise politicians and others who partake in this fraud against Canadian citizens to pay close attention to the meaning of every word in this video. This is the beginning of the end of your crimes against us. This will spread to every country including Canada, Australia, countries of the E.U., and basically any workers comp fraudulent scheme in existence. The pattern is the same in each country

The biggest insurance scam in history is now being exposed to the light of day. There is nowhere for you to run now. Better you start getting your statements ready for the police. Considering this criminal activity is international in scope expect someone other than the R.C.M.P.

For sure the R.C.M.P. themselves will be under scrutiny for allowing this type of behaviour to continue in this country unabated and even encouraged by government.

To understand what I am saying click this link;
http://www.youtube.com/watch?v=kT8XM2P-deg

Fred Palmer
Founder - V.O.C.A.L.
(Victims Of Compensation Abuse League)

JEWISH DEBT SLAVE

2008-10-26T14:11:00.002-02:30

I am from Newfoundland, Canada. I am being censored by the Jewish Internet becuse I have found the root of all our problems. USURY! From the Jewish Bankers and their "Goyim" who took over England and spread it to America in 1913 through the Federal Reserve. We are all debt slaves to a Jew.

Don't believe me? Please read Deuteronomy chapter 23, verses 19 and 20, and go to Wikipaedia and look up "Magna Carta". Those two documents will give you the root of the problems in both Canada and the U.S. and in matter of fact the so called Free World.

Bailing out the bankers was the worse thing to do. We need to get back to Constitutional money printed by our own banks. The Federal Reserve took over Canada in the thirties and consolidated their power here in 1974. Since then our economy has been robbed by these bankers and every Canadian is now suffering. Government crime and fraud is rampant here.In fact if one of us Jewish Debt Slaves here in Canada gets permanently disabled on the job, our government takes their legal and medical rights away. We are tortured with untreated pain, forced onto welfare, denied any help from society, and many commit suicide. It is murder for money. And all that money is eventually funnelled to a Jewish banker in England.

I know this from personal experience, that people are being tortured in Canada because of this money system. I was left crippled and lame after being thrown from and crushed by three railway cars that derailed because the company was negligent. I was shattered from head to toe but could still stand for an hour or so after I recovered as much as I could. But my ankle was crushed by the train and it is very painful to walk. Too painful. I have been housebound 95% of the time because of that injury and all the others. The government knows this, the compensation board knows this, and the medical and legal professions know that I am completely unable to do any of my former emplyment. Every government agency has cut me off funding for school, except one, and they would not provide my medical or living expenses, and because I cannot work I am left in poverty. So I know personally what Fascist laws do to a person. No one has to tell me the truth, I live it.

Canadians don't want this mistreatment, and the only solution is to send the bankers packing and take control of our governments once again. I would rather die fighting than be held hostage to poverty and pain by them any longer. There will be no suicide for me, only vengeance. If vengeance be the Lord's, then I will be his arm to strike against the people who destroyed my life and hundreds of thousands more in Canada. My pen is my sword. Justice will prevail on my life I swear. This is my mission. To educate, awaken, and revolt against this financial tyranny they have created.

I have nothing to hide and will stand in front of any court of law to be judged whether what I say is true or not. But I will not stand in front of an administrative board belonging to the same insurance company called workers comp that has abused me for 29 years. I will not go to the thief after he has robbed me and beg for a few pennies back so I can live.

A "New World Order" is indeed emerging. It is our duty and responsibility as neighbours first, citizens of our respective countries, and as citizens of the world, to ensure every man woman and child is treated equally, with respect and dignity, and free from criminal activity against them. We can have a world that respects all our rights, or a 'New World Order Fascist Regime" controlled by bankers and business, aided and abetted by corrupt governments, that take our rights and freedoms away and enslaves us even more.

It is your choice. The Revolution is NOW!.

Sincerely and Respectfully,
Frederick Palmer
WCB Prisoner #12217340
A.K.A. SuperNewf, SuperNewf1, Genius,
For those of you wishing to contact me my Name is Fred Palmer, 34 Barnes Rd., St. John's, Newfoundland and Labrador, Canada, A1C 3X2. My phone number is 709-754-4151.

Charter Rights/Workers Compensation Boards/Discrimination (Copy and Send to your Candidates)

2008-10-08T13:59:00.005-02:30

I always Like Talk About the Charter and Human Rights.

How can a Canadian citizen permanently disabled and unemployable at his previous occupations(s) ever get treated fairly, when both the Canada Health Act and our WCB Acts remove our basic rights?

The answer is no justice can be gotten by the injured forced, yes forced, into needless appeals. What government may not realize is that the WCB's, all of them, use these loopholes in the law to deny claims with immunity from having to pay legislated benefits, including providing medical care, wage loss, follow up treatments, retraining that would enable a person to reach their potential and restore them to the workforce, or any other measure that would be a benefit to the individual and society as a whole.

So whose fault is it that this discrimination in society is permitted by government?

Why government itself of course. They have created this discrimination by such clear and obvious legislation completely against the wishes of the peoples of Canada. The laws of Canada must be adhered too. This is non negotiable.

Any discrimination against an individual because of race, colour, religion, MENTAL OR PHYSICAL DISABILITY, is not permitted. No way can a discrimination be justified.

Yet we have our Federal government, by excluding "injured workers" from the protections and guarantees of that Act, have created the most obvious of discriminations. Totally illegal under Canadian law.

Combine that discrimination with the fact every WCB Act bars legal action against the boards, The employees, the doctors, or any one else, then that means your right to equal benefit and equal protection of the law is lost. Again totally illegal under Canadian law. Any fraud may now be committed against you by WCB's with legal immunity.

I do not believe any other country has such discriminatory laws written in its books.

The result is we are seeing an increasing number of suicides in each Province, even a murder in Newfoundland and Labrador where a brain injured man thought WCB spies were trying to cut off his benefits. Sixteen years after his injury? This was particularly nasty as the daughter stated on the local news she could get no help for him anywhere.

How could she? He had no medical rights. WCB in British Columbia was responsible under law to provide therapy, counselling, and to provide wage loss. Instead Mr. Lockyer could get no help, was confused, tortured with fear of losing financial benefits. As most injured workers are finding out, if you get hurt in one Province and can't get treatment for injuries there and move to another Province you will not get treatment there either.

To make matters worse for the client, he/she is disabled, unable to work at former employment, and forced onto welfare.

There can be only one solution and no other bandaid remedy to policy and procedure will work. The clause in the Canada Health Act that is the discriminatory clause and states "injured workers" are excluded from the Act must be removed. Immediately.

The clause in the Provincial WCB Acts that further discriminates by removing legal rights and protections must also be removed. Immediately.

The consequences of not doing so will amount to charges of abuse, breach of trust, culpable homicide, murder, negligent homicide, fraud, being levied against both the Federal and Provincial governments by the people if these pieces of legislation are not adjusted to conform to the basic principles of justice.

By removing the medical and legal rights from a citizen of this country you have left them completely impotent to defend themselves against any wrongdoing whether perceived or real.

That is why we have the high suicide rate in WCB claims. Not because of pain and poverty, but because it is forced onto them by a corrupt government knowingly, without remorse, without any sense of conscience or responsibility, and that is fundamentally wrong.

Our elected representatives are elected to look out for our interests and to protect our property and health. This WCB scheme they have created does exactly the opposite.

For a government to knowingly or unknowingly destroy those rights is corrupt, vile, illegal, immoral, and cannot be tolerated in a fair, open, and just society.

It will not be tolerated.

Best Regards
Fred Palmer
Founder - V.O.C.A.L.
(Victims Of Compensation Abuse League)

P.S. The author below does indeed deserve a pat on the back. I would go so far as to say the Order of Canada for his diligence, determination, and hard work on behalf of all Canadian citizens. It has born good fruit. The answer to why injured workers do not proceed with complaints is because we are paralysed in a system designed to confuse and intimidate rather than nurture back to wellness. Many are brain injured and suffer multiple affects including depression, confusion, are in chronic pain so severe it limits their activities greatly and destroys the ability to concentrate or focus, are denied retraining for suitable jobs or even any jobs, and many more atrocities because the basic fundamental rights you thought you enjoyed as a Canadian citizen are removed just by the fact you became an "injured worker".

In the upcoming election I would like to ask the population of Canada, "Is this what you want? To have your rights removed just because you got hurt on the job? Even if it was company negligence that caused you to become disabled? And be forced to endure welfare for the rest of your life because of this fraud against you? Even to the point of suffering in treatable pain with no relief because your government run insurance scam called WCB has not approved needed treatment? Even to the point of worsening or developing Post Traumatic Stress Disorder?"

That is the reality for hundreds of thousands of innocent Canadian citizens right now. Today.

Ask your upcoming candidates why "injured workers" are excluded from the Canada Health Act.

Ask them why all your legal rights are taken from you by the Provincial WCB Acts that leaves you vulnerable to all manner of deceit and fraud.

Ask yourself if you want to be covered by a program that automatically removes your rights when injured.

Then ask yourself what kind of a country would allow these abuses to continue.

Sent: Tuesday, October 07, 2008 1:51 AM
Subject: Contravention of Human rights Legislation/Section 15.1 of the Charter
I am rather appalled by the number of claimants who do not proceed with human rights complaints or contravention's of Section 15.1 of the Charter. Every claim and I mean every claim filed has the potential to be found either in contravention of human rights legislation, contravention of Section 15.1 of the Charter or both. The claims process is a cesspool of contravention's of human rights legislation as well as contravention's of Section 15.1 of the Charter and most people fail to recognize these contravention's. It would be extremely rare that a claim would not be found to be in contravention of human rights legislation or Section 15.1 of the Charter. The reason for this is simply because WCB or the Appeals Commission do not rely on precedence and all their decisions are inconsistent which increases the risk that claimants will be treated differently in identical circumstances.

All claimants filing a claim are in a protected category, which is being disabled. WCB has a mandate to provide services to disabled workers. In order to challenge a claim a claimant has two of the three elements in filing a human rights complaint. The only thing left is to find an individual or group of individuals that have been treated differently than the claimant, which is referred to as a comparative individual or group of individuals. Every decision therefore has to take into consideration any claim whereby another individual or groups of individuals received a service that the claimant was denied. This could be anything from denying vocational rehabilitation, medical services, impairment ratings, loss of earnings, COLA increases, denial of claims with the identical etiology as another claim that was accepted. The list could go on indefinitely and there is no justification to treat claimants differently when providing services. The same criteria can be used in bringing forth Charter arguments as one is a mirror image of the other.

The Alberta WCB uses two different methods of rating an impairment by using two different impairment guides, one being the AlbertaGuides (old meat charts)and the other is the AMA Guides. Using two different guides in evaluating impairment results in treating claimants differently where if a claimant is evaluated using the Alberta Guides they may not be given an impairment whereas using the AMA Guides may result in an impairment. The Alberta Guides do not factor in pain or chronic pain which is subjective. The AMA Guides factor in pain and chronic pain even though it is subjective. WCB either has to use the Alberta Guides or the AMA Guides in assessing impairment, they cannot use both, otherwise claimants are treated differently due to the differences in the two "Guides". The AMA Guides 3rd, 4th and 5th Editions also present two different methods of determining impairment by using the maximum functional capacity of the individual as a reference and then using fixed baseline averages as a reference for other individuals which has been scientifically proven to produce false impairment ratings. This is illegal as either all individuals must be assessed impairment ratings based on the individuals maximum functional capacity or all individuals must be assessed impairment ratings based on fixed baseline averages. Therefore any use of the AMA Guides 3rd, 4th and 5th Editions relative to this method of rating an impairment are in contravention of human rights legislation as well as Section 15.1 of the Charter. The Alberta Guides are in contravention of human rights legislation as well as Section 15.1 of the Charter as they do not provide any impairment ratings based on pain or chronic pain.

If people remember, I filed a human rights complaint several years ago based on treating individuals differently when using grip strengths in determining impairment. Despite all the evidence that was presented at the Human Rights Tribunal on a prima facie basis the Tribunal Chair determined that individuals were not treated differently. (Duh) He determined that if the AMA Guides were used all over the world, then using two different methods of assessing impairment for loss of grip strength must be okay. His decision can be found at the following link http://www.albertahumanrights.ab.ca/403.asp Mr. Tolley's decision was presented to Dr. Chris Brigham along with my adamant and compelling argument that using two different methods of determining impairment for loss of grip strength was a contravention of the American Constitution, Alberta human rights legislation as well as a contravention of the Charter. He agreed and promised that before the 6th Edition was published that they would delete any mention of grip strengths in assessing impairment. Today I was contacted by the Foothills Hospital Library and was told that they finally had the AMA Guides 6th Edition. I went to the library, perused the "Guide" while paying special attention to the chapter relative to upper extremity impairments . As promised by Dr. Brigham, grip strengths are no longer used for assessing any impairments and have been deleted from the "Guide".

People might ask if I gave up after Mr. Tolley's decision and why Human Rights or myself did not request a Judicial Review on what was a pathetically incorrect decision. There was no need for Human Rights or myself to request a Judicial Review as WCB was forced during cross examinations to admit that they should not have used grip strengths in the first place. This is all part of the transcripts. In the 3rd, 4th and 5th Editions, grip strengths could only be used in the event of a laceration into the forearm muscle mass that results in a painless loss of grip strength. Because of my involvement criticizing and condemning the AMA for using grip strengths at all, they no longer are used. I feel vindicated by all of this as I was portrayed as a trouble maker by the Alberta WCB, the Appeals Commission as well as the Alberta College of Physicians and Surgeons.

Rather than admit defeat and not wanting to pay compensation going back to 1989, WCB then hired a hired gun by the name of Dr. White who then changed from the AMA Guides which according to the AMA provides up to a 5 % PCI rating for chronic pain due to a residual carpal tunnel syndrome that was diagnosed by the AMA from my clients medical records over to the old meat charts (Alberta Guides) that are still used by some of the Provinces, including Alberta. The problem with the meat charts is they do not provide any PCI ratings for chronic pain due to a discernible medical condition because WCB state that they must use objective findings and they cannot provide any impairment ratings for subjective medical conditions. This was the same argument that went before the Supreme Court (Martin/ Laseur v. Nova Scotia WCB) and the Supreme Court determined that subjective medical conditions (Chronic pain) must be treated on an equal basis as objective medical conditions. In essence any provincial WCB still using the old meat charts that do not provide any PCI ratings for non discernible chronic pain are not in compliance with the Supreme court's decision. WCB then suggested that they have a chronic pain policy. The problem with this argument is their chronic pain policy only applies to loss of earnings measured as the ability to work which has nothing to do with an impairment which measures a persons ability to perform basic activities of daily living. All WCB';s in Canada other than Quebec and NT/NU have what is called a dual awards system whereby benefits are paid based on an impairment, loss of earnings or both. I suspect that other than Nova Scotia, none of these provinces with a dual award system provide a separate award for chronic pain due to an impairment. Providing benefits for loss of earnings only provides benefits for one of the dual awards component without any benefits for an impairment due to chronic pain which was the reason why the Nova Scotia Government were forced to provide a PCI rating for chronic pain. (3% and 6% ) PCI rating for chronic pain without objective findings) and referred to as Chronic Pain Regulations. The Alberta Government for some odd reason has not followed suit although our elected MLA's wouldn't have a clue especially if WCB told the Minister in charge of the WCB that they are in compliance. The complaint I filed with Human rights should determine whether or not they are in compliance.

The AMA Guides (6th Edition) provides PCI ratings for chronic pain associated with discernible medical conditions without objective evidence. If memory serves me correct they assess up to 13% PCI rating. They also provide up to 3% PCI ratings for non discernible chronic pain without any objective evidence. Doctors are finally acknowledging that chronic pain is real and even if there are no objective findings, that pain does exist even if medical testing cannot determine why. Any lay person could have told them that. A person can go through every imaginable test and when there is no objective medical evidence, the pain still persists. Rather than find the source of the pain, patients are prescribed pain killers which result in serious complications such as were found with Vioxx and internal bleeding from other pain killers such as over the counter medications like acetaminophen or acetaminophen and codeine. If pain is not real why then are doctors prescribing pain killers to alleviate the pain?

At present I have another human rights complaint filed against WCB for their use of the Alberta Guides which do not recognize chronic pain whether the pain is discernible or non discernible. They did not file a statement of defense, nor would they agree to any conciliation, more so because there is no defense. The Appeals Commission have refused to admit that they made a mistake, will not reconsider their original decision which was based illegally on grip strengths being used in determining impairment even after WCB admitted under oath that they had made a mistake which has led to a complaint to the Provincial Ombudsman who met with the Appeals Commission to try to convince them to send the claim back to WCB. They refused. Human Rights have investigated the decision of the Appeals Commission based on a complaint I filed with them and determined that the Appeals Commission were guilty of an abuse of process but determined that it was outside of their jurisdiction and it was Human Rights who suggested to file a complaint with the Office of the Ombudsman which I have done.

I am now working on putting together a Judicial Review which has now become much easier as the Supreme court in March of 2008 have changed the criteria of the standard of review (Dunsmuir v. New Brunswick) where the courts are starting to realize that Administrative Tribunals should not be given any deference, simply because they are not experts in law and certainly not experts in determining fact. The new standard of review for the Courts is now simply correctness and reasonableness. In all decisions made by the Appeals Commission, their decisions are made on medical opinions, not medical facts and they are in no position to know when a doctor's opinion is simply an opinion or whether the opinion is based on medical certainty or medical science. In a real court of law, this is not a problem as in a real court of law, doctors are subpoenaed and cross examined by knowledgeable lawyers and made to look like fools under cross examinations. A claimant has no right under administrative law relative to WCB to subpoena doctors during an in person hearing unless the Appeals Commission believe it is pertinent to the case. If they are not medical experts which we know they are not, how would they know whether a doctor should be subpoenaed? If they were medical experts, they would have known that you cannot use grip strengths to determine an impairment for pain caused by a residual carpal tunnel syndrome.

As stated previously, I am at present preparing an originating notice which is the preliminary step leading to a Judicial Review which is based on the new standard of review. This should not be overly difficult as it has been acknowledged by WCB that grip strengths were not the correct method of rating an impairment for chronic pain due to a residual carpal tunnel syndrome. Being that the Appeals Commission's decision was based on the incorrect method of assessing an impairment, it follows that the courts would have to determine that their decision does not meet the correctness standard. It then follows that it would be unreasonable for the Appeals Commission to deny the claim when their decision was factually incorrect and acknowledged as being so by WCB.

I think people will understand why the Appeals Commission, WCB, Alberta College of Physicians and Surgeons as well as WCB's medical doctors despise me. I know I was a pain in the ass to the American Medical Association especially when a simple lay person like myself managed to force them to delete any reference to grip strengths. Oddly enough, literally thousands of doctors throughout the world were using grip strengths in cheating injured workers by using these tables going back to 1973 and none of them said anything. For an old red necked senior citizen from Alberta to take on one of the most powerful organizations in the world and force them to delete the tables and charts in the AMA Guides relative to grip strength impairment, I think I deserve a pat on the back, don't you think?

The Workers Compensation systems and the Provincial Governments throughout Canada are in reality nothing more than bullies who use their financial ability to force injured and disabled workers into submission. They take the pooled money provided by employers and use this money to hire their own doctors, lawyers case managers, decision review bodies, Appeals Commissioners to discourage workers from hiring lawyers, doctors to fight the system. If a claimant submits a motion to attend in subpoenaing a doctor for cross examination, they are told they must pay these people out of their own pockets while WCB and the Appeals Commission use the employers moneys to fight the little guy. When filing for a Judicial Review, the claimant in most cases has to hire a lawyer, pay money up front to pay for the ("Originating Notice") while the Appeals Commission use their lawyer who is paid for by WCB through the accident fund to fight the claimant. This is called justice. I call it "financial bullying"

Gerry Miller

The Jeff Thompson Story

2008-08-12T10:24:00.007-02:30

Jeff Thompson was just another working Canadian citizen. Like you or I he had a position in life. A way to be independent, to be comfortable, to dream and plan for a full and happy life. And, like the rest of us Canadian workers, totally oblivious to what the results of a disabling workplace accident would do to that life. As Jeff, and hundreds of thousands of Canadian workers found out since WCB's were started, this is what really happens.
View Jeff's story http://www.youtube.com/watch?v=CJMdtqG87es
This one incident, combined with the thousands of reports of injured Canadians being forced onto welfare with no help to retrain, bankruptcies, loss of property, family stress leading to breakups, suicide, dying from stress, no medical care, and no wage loss, clearly indicates WCB's are not doing the very job government says they were created for. Forced onto welfare, with payments being reimbursed to the government publicly funded program commonly known as "welfare" instead of receiving the full legislated benefits, then it is clear to any reasonable person the WCB system is broken.
It is broken because it is a government program and government does not want to fix it. That equates to corruption. The government is in fact lying to all Canadian workers by telling them the basics of the program is to provide wage loss and medical care, in exchange for giving up the right to sue the company. An inquiry would put the lie to that deception. Once accepted the injured Canadian then finds out his/her medical and legal rights and protections are taken from them. This puts every Canadian who becomes permanently disabled in any way at risk of being mistreated to the point of suicide. To be forced onto welfare and lose everything you own while suffering in pain is not the bargain Canadians struck with government. Is it? Is this the type of compensation Canadians want from their government?

Calling on the Canadian Parliament and Senate.: Calling on the Canadian Parliament and Senate.

2008-08-12T10:21:00.000-02:30

Calling on the Canadian Parliament and Senate.: Calling on the Canadian Parliament and Senate.

Nova Scotia Injured Workers: We are fighting for our rights and life.#links#links#links#links

2008-03-15T12:44:00.001-02:30

Nova Scotia Injured Workers: We are fighting for our rights and life.#links#links#links#links

Wayne Coady has written an article and hosted a series of four videos on YouTube which are accessible through the above link. They are worth watching because Wayne very eloquently outlines the problems with workers comp. His words and analysis of the situation are probably the most thought out and applicable to any Provincial system of workers compensation currently in force in Canada. Please visit his Blog or YouTube for further video updates.