Workers Compensation Board, Using the System.

FTLComm - Regina - November 20 ,1998

In an editorial a couple of weeks ago (The BS Factor) I expressed my concern about the unusual state of Saskatchewan's Worker's Compensation Board where the government agency boasts about its diligence in not paying compensation to injured workers in a new letter. This editorial resulted in several telephone calls from people injured and wronged by the WCB who can find no advocate for their woes. I received the following letter this morning that is perhaps typical of the sort of situation claimants to the WCB experience. To make it easier to read on line I have extracted what seem to be significant comments and placed them along the side of the article to help you see the point the writer is making.

I thought you should see this material because it appears as though there is a giant fraud in progress. Vast sums of money are being extracted from business every year to be pooled so that workers injured on the job can be compensated but it looks like this is not happening. The money, really significant amounts, is being channeled elsewhere. The government elected officials claim the matter is in the hands of this board and the board is organised in such a manner that no one can do anything about it, least of all the injured workers.

The NDP has allowed, and perhaps encouraged WCB mistreatments

the biggest problems the clients of the WCB must face is the apathy of elected officials

There is no where outside of the WCB that an individual in conflict can go to get swift justice

In the last Review process 54 recommendations made---two Acts of legislation were introduced

the WCB is a cash cow for the Government of the day

last two years there have been over 75,000 claims

27,000 of these claims have been accepted

WCB has reported an excess ... of over $81,000,000

the WCB states that they are following the legislation

many injured workers have had to resort to Social Services

WCB assessments are a hidden tax on workers and taxpayers

costs of administering the WCB system have nearly doubled in ..10 years

rank this province as one of the most dangerous places to work in the industrialized world

government leaders and policy makers are ignoring this situation

I was deemed totally unfit for any employment by the Wascana Hospital Re-hab Centre

WCB ..told me I could return to work only weeks after the Wascana Rehab report

" While we do not disagree with the diagnosis, we do not see how this could be so"

there is a means test to receive WCB benefits

Gordon Ross Scrimbit
3500 King Street
Regina, Saskatchewan

586-5503

To whom it may concern:

Re: Gordon Scrimbit and the Saskatchewan Worker' Compensation Board

I am writing this letter to inform the public of a situation that exists at the WCB. While I am certain that many reading this will be well aware that there are a tremendous amount of complaints regarding the WCB, I would like to inform the reader, perhaps once again, of some serious issues that in a free and democratic society should and must be addressed. If this were a third world country, a fascist state or a dictatorship this kind of treatment and abuse of power would be tolerated or expected. This, however, is Saskatchewan Canada, and we are presently represented by a political party that claims to have the best interests of the working man at heart. After reading this you will be well aware that this in fact is not the case. The NDP has allowed, and perhaps encouraged WCB mistreatments by its lack of interest in protecting the working people and those who purchase goods and services in Saskatchewan. This blind eye approach of not dealing with what all know to be an extremely serious problem, with many downstream effects, goes well beyond what one would believe the NDP of Saskatchewan would willingly allow to continue. The sad thing is that the NDP does allow this to continue.

One of the biggest problems the clients of the WCB must face is the apathy of elected officials, the bureaucrat, the media, and those in the medical profession. All have heard the horror stories of those who were unfortunate enough to be forced into using the Worker's Compensation System. The injured are many, and the numbers rise year after year. It is this fact that keeps those in a position to advocate for the multitude of injured workers apathetic. They have seen it to many times and there is little they can do! I have yet to hear anyone other than the present government, and the Worker's Compensation Board say anything good about the WCB.

There are no words to describe how this situation effects those who are forced by law to use this system. There are many ways to explain, justify, deflect and compare the WCB's record. There is one fact that is beyond any doubt or controversy. There is no where outside of the WCB that an individual in conflict can go to get swift justice. Swift justice is often a very real necessity when ones health and family are depending on a decision by the WCB. Unfortunately the system has some extremely serious flaws that (some believe purposely) are built into it. They are designed to give the WCB absolute power and control, without the possibility of outside intervention. There is no one policing the WCB! The Labour Minister can make changes to the WCB Act but historically this has never happened. The four-year Review Process that the WCB and the NDP hold in such glowing and high regard in public, has been essentially ignored for over 25 years. In the last Review process 54 recommendations made---two Acts of legislation were introduced. How long will it take the WCB to write policies that counter act the Legislation to render it ineffective? My guess is the new policies are already in place.

What is done about it? Nothing! Former Labour Minister Bob Mitchell promised the workers of Saskatchewan that he would enact all the recommendations of the last Review Committee while on a Saskatoon radio call in show. I have the recordings for those who are interested.

Why does this situation exist? Is it because the community leaders do not want to face the unspeakable situation of third world treatment injured workers and their families are forced to endure? Could it be that the WCB is a cash cow for the Government of the day? Is the government offloading its responsibilities onto other government services such as Social Services and the Health Districts that are forced to shoulder the burden unfairly? What are the Downstream costs on society and the economy? Please do not forget the human costs.

How significant are these instances? I do not see how they could be minimized in light of the sheer numbers of injured workers. In just the last two years there have been over 75,000 claims at the WCB.

Only 27,000 of these claims have been accepted for various reasons by the WCB. I am sure that they have their reasons or perhaps excuses, for the sheer numbers of claims refused. But in the same two-year period the WCB has reported an excess in the WCB fund of over 81 million dollars. I wonder what actuarial company made such a horrendous mistake and if the WCB is still using them. Perhaps the Actuarial Company should be sued by business in Saskatchewan for doing such a deplorable job. Or did the Actuarial Company do a good job and the WCB has been denying benefits and over charging assessments where ever and when ever possible.

Let us all have a look at the accountability regarding the WCB. When the WCB makes a decision that the claimant disagrees with, the WCB states that they are following the legislation. When you go to the Legislators in this case the NDP, they say they cannot interfere with the decisions that the WCB makes. This interesting scenario is played out repeatedly. The Labour Minister claims complete confidence in the WCB and the honest people that are employed there.

So then whom does one go to when you disagree with the WCB?
	First you ask the Client Service Representative to reconsider; usually you must provide new evidence.
	If that does not work, and it seldom does, you must go to appeal.
	The appeals staff are former Client Service Representatives who have never been involved in the claimants file.
	If that doesn't work then you go to a Board level appeal.
	Then if that does not work, you go to a Medical Review Panel.
	If the above does not work you can go to the Provincial Ombudsman, who will readily inform you that they have no power over the WCB and cannot make them change their decision.
	If that does not work it is nearly impossible to get the WCB into court, as they are protected by legislation. The only way to get the WCB into court is to be able to prove that they have strayed too far from their mandate. This is extremely difficult to get, but it has been done and the WCB has lost many cases such as this.

The full appeals process including the Provincial Ombudsman can take many years. Time that injured people do not usually have. It is for this reason that many injured workers have had to resort to Social Services, or other means of income. The effects on Society and Families are devastating. The effects on our health-care system are also tremendous. I of course can only assume this, but the assumption has a well-founded basis in reality in light of the sheer numbers of injured workers.

This devastation is not a priority of the NDP today. They continue to collect high assessments (as they are called) from Saskatchewan business and they are in turn passed on to the consumer. Hidden tax? Essentially, WCB assessments are paid by the workers from their pay packages and the taxpayers. One does not have to think to hard to understand that WCB assessments are a hidden tax on workers and taxpayers.

Another travesty is that while the costs of administering the WCB system have nearly doubled in approximately the last ten years, the benefits paid out have gone down.

The WCB claims they have gotten better.
At what?
	Keeping the Saskatchewan Human Rights Commission in the courts so the WCB can deny injured workers their human rights? See: QB 616/1998.
	Invading the privacy of injured workers by asking for forms to be signed that allow the WCB to have complete access to personal income tax information from Revenue Canada?
	Telling the Provincial Auditor to mind his own business when he asks the question, "Who other than injured workers received 32.5 Million Dollars"?
	Taking those that speak out to court to get an injunction and sue them, as was the case with Morley Slinn and Carey Heilman? QB 484/1998.
	Laying false charges against me and taking me to court?
	Not paying the Saskatchewan widows of injured workers?
	Only paying approximately 30% of the claims they receive?
	In a one year period from April 97 to April 98 going to court in Regina alone seventeen times?
	The Saskatchewan Doctors met in November of 1998 and one of the topics brought up was the problems they are having with the WCB.
	How many injured workers have committed suicide? This is a number that no one wants to know, I know of three in the last few years.

The Saskatchewan Federation of Labour Reports that the 15,000 injuries, 25 deaths and 100 permanent disabilities per year in Saskatchewan rank this province as one of the most dangerous places to work in the industrialized world. Yet this is having no effect on our economy, our health care system? You would have to be a fool to think otherwise. Barb Beyers says "the whole WCB system is in a tremendous crisis". As well the SFL is planning a test legal case against the WCB. What for? Is the WCB that bad? The answer is yes, you and I and everybody knows this, and readily accepts this, except the WCB and the NDP.

There is no doubt that the Saskatchewan Health Care System is in crisis, and badly in need of funds. It would appear by the numbers of people that are cutoff of WCB benefits and those that are refused benefits from the beginning that there is a huge offloading going on to the Health Districts and Social Services. Every one that deals with the WCB from the clerks to the bureaucrats from other Government agencies, and all departments, as well as every aid to an MLA or a Minister, is well aware of the problem. Yet our government leaders and policy makers are ignoring this situation. There can only be one good reason for this happening. Money!!

The sick and injured are not well enough and strong enough to fight the injustices that are happening to them. They are afraid they will loose what little they have. They want to get on with their lives. They have lost their families and friends, and there is no one to take up their cause. They are alone and in isolation. If you doubt this. Just look to your records and ask the questions that you are afraid to ask, because you do not want to have to deal with the harsh reality that is the result of the WCB.

In my personal case I was deemed totally unfit for any employment by the Wascana Hospital Re-hab Centre. This is the best hospital in North America according to Roy Romanow. Apparently it is not good enough for the WCB as they told me I could return to work only weeks after the Wascana Rehab report. Shortly after I was deemed as capable of earning $1,100 dollars a month.

I paid out of my own pocket for an MRI and investigation from the Mayo Clinic in Minnesota. The best hospital in the world gave a proper diagnosis. The answer that I received from the WCB was, and I paraphrase, " While we do not disagree with the diagnosis, we do not see how this could be so". In other words the evidence was totally disregarded.

An onset of Obesity and Diabetes were found by the WCB doctors to be the reason my claim was denied. This even though my weight had never prevented me from employment, and I did not need to take medications for diabetes for over ten years after this decision.

Who can stop this travesty of justice? You can.

I have been forced under threat of loss of income to allow the WCB to have full access to my personal income tax information. Even though the Provincial Ombudsman, the Privacy Commissioner, and the Canadian Taxpayers Federation agree that this is a breach of privacy laws, and wrong.

The WCB has insisted on a breakdown of my expenses, I was not aware that there is a means test to receive WCB benefits?

The WCB has refused to provide me a new Medical Review Panel based on the cumulative affects of my injuries. In spite of the fact that I have medical evidence that supports that the, then Medical Review Panel used flawed information, or false information to base their decisions on at that time.

The WCB sent me a reply to the Request for a New Medical Review Panel that amounts to sarcasm. They suggest I take them to court. While they know full well this is not possible.

In closing I would ask that the reader do everything you can to help the injured workers of Saskatchewan. Please!

Sincerely,



Gordon Scrimbit