Injured Worker's Claim Cancelled by Paralegal - "the
physical and medical evidence did not come into it at all, on the decision to
cancel my claim"
I (injured worker's name) have not asked the
paralegal (paralegal's name removed) to stop my appeal, on asking for a
pension, on my right shoulder and back claim. I was wrong in asking them to
help in my case. I thought that they may know the WSIB system better than I and
that by getting them, my case would go through faster without missing any legal
issues that I was not aware of.
At this time I wish to discontinue
there help with my cases, because of the wrongful way that they have cancelled
my appeal without asking me first. I will be the only person whom will be
sending corespondence with the board from now on. Thank you for your help in
this matter. I would like to apply for a review of the compensation results
pertaining to my compensation injury that happened at (Ontario employer).
As I was told from my specialist at the time, who stated to me that
I would never be able to go back to work in the capacity I was doing before my
accident. "Not the same job that the compensation ladies tried to settle me
with, after getting the doctors report" and "totally not looking at what the
medical evidence in my case was".
After questioning (the doctor) and
trying to get him to give me an answer on maybe what kind of job that I could
be able to do for the rest of my life, he said maybe answer a phone or some
other very light duty job. But that I was not to go back to my old job because
my injury and my follow up operation would not let me do that kind of work
without injuring myself again.
Because he would not be able to operate
again on my shoulder. Leaving me a crippled for life after that. Worse then I
After begging him to let me go back on light duty. I got him to
write and ask (the employer). Asking if that I could answer the phones there.
It was my idea of the note to answer the phone. It was not the doctors
recommendation to do so. So when (case worker) said to me on the phone that the
doctor said that I would be able to work. It was I, that prompted him to write
the note to (the employer) asking for work on the phone not the Doctor. It was
a miss understanding on my part. (The employer) had no such job but was willing
to give me, the same job back, that I was doing on the line. Against the
specialists and my family`s doctors perfectionist medical advice. I did not
know what to do without a job so I was grabbing at straws to make up a light
duty job, like answer a phone but to no avail.
(The doctor), said in
all probability I would never work again and these where the same words that my
family doctor said to me also. I have been unable, to work at a job any where
since and will never be able to work again anywhere, in all probability. Due to
constant pain in my right shoulder and lower back from the tearing of the
support muscles in my back. The burning on my left and middle side also from
this accident after lifting 80 pound boxes of beef all day long, then it brakes
while lifting the box, at work, on the job, about six hours into my day shift,
with witnesses at the time of this accident.
This is why I am asking
for a review of my pension rights.
And then on that day when it all
snapped at once with the tearing in the right shoulder and lower back strain,
coupled with the burning tearing muscle attacks that I had then and still
pesist now as and when I move my left arm, or even try to sit in a chair the
tearing comes. The tearing knocks me off balance with a pulling burning sharp
pain in my left side down the middle of my back. I must then stop all that I am
doing and sit down because, when this burning starts the second attack is worse
and the third time is very disabling and I cant do anything for some time after
that. Relating to my shoulder operation. The stabbing burning pain in my upper
left side from right to left, when I move or even sometimes when I turn my
It was I who asked the specialist to let me try to go back to
work. Not the doctors at all but me, myself. I ask him that maybe, I be able to
answer a phone or some other very light duty. He said that I was not able to
return to regular work at all.
The company offered me the same job back
that I was doing at (company name), before my operation. The one the doctors
said not to do. Thats all I was doing. Listening to my doctors and trying not
to injure myself more on doing the same job.
They never had a phone
position job for me and I did not want to injure myself further by performing
for the compensation person from Niagara Falls. So I did not go to a meeting
that my worker had set up for me. I was only following my doctors
recommendations. Because I did not want to go against my doctors orders and
hurt myself more. I was also listening to my families` doctors advice and did
not want to further injure myself in performing for this (case)worker, the
position that they had lined up for me at (the employer)
doctor (name removed) of Hamilton Ontario was the doctor who said, I am totally
disabled for life and that I could never work again. I have not worked anywhere
ever since and have stayed below the poverty level for the last four years in
All the time taking three 20 MG of Oxycontin pills a day and a
sleeping pill at night to get to and to stay asleep. Because of the chronic
pain in my back and shoulder which most nights lasts for four hours then the
pain comes back and I toss and turn for the rest of the night. With stabbing,
shooting pain in my lower back and sharp burning tearing pain from my right
side from the incision in my back where they removed my muscle to replace my
shoulder function. In the beginning when I hurt myself, the lower back and left
side of my back broke also at the same time, when I picked up the eighty pound
box of meat. Which started all my problems in the first place thus hurting
myself on the job for life.
The doctors worked on my torn shoulder and
they where not looking at the other problems. They were only worried about my
torn rotator cuff and the muscle replacement in my left shoulder. That to this
day still bothers me. All the time when ever I try to lift or turn any part of
my back or my arms. The burning pain strikes across my back. Which feels like a
sharp, red hot, burning tare.
I have not been able to work again
anywhere since my operation. Because of this accident that happened at (the
employer) while I was working in the shipping department. When I awaken, it is
because of the pain in my back and I must take another pain pill to get rid of
the pain. Or the burring pain that will not stop in my left side of my back.
When ever I move ether arm. Or when I turn to one side or the other. With my
I could not do the job, that they said I could do at (the
employer). Which by the way was the same kind of work that I was performing
when I hurt myself.
I was only taking the advice of my doctors. And not
the expectations of the compensation worker in me doing so. I did not want to
injure myself anymore.
The day of the meeting at (the employer) that
they had set up for me. Because of this the (case)worker cut off my benefits
and I have never worked again anywhere. In the past four years.
that the compensation board has failed me in considering me for a pension. As I
was hurt on the job and could never be able to work again..
I also feel
that the (case)worker is not a doctor, and I was under medical orders from my
doctors not to do so, as it may have done more damage to me. In doing so,
injure myself more.
After hearing of my decision not to injure myself
more by not taking the box sticker test at work. The person that I had talking
at the paralegal on Main East wrote to the board canceling my appeal without my
authorizaation to do so. Or my permission to do so either. The case that I wish
to continue with the appeal. I have cancelled the company of legal persons that
were supposed to suds my case to the board. As they sent a letter to the board,
saying that I did not want to follow up with my case. I never asked them to
write the board canceling my request. I have not heard from them in years. I
have been waiting for them to call me to let me know where my case was at the
This is why I have waited so long for an answer from the
board and the paralegal. I have always wanted to appeal the board's decision on
this matter and not to give up my apeal for this case.
The physical and
medical evidence did not come into it at all, on the decision to cancel my
I did get hurt on the job. Tearing my shoulder and causing an
operation. I have not been able to work in any capacity anywhere since. Causing
me and my family untold hardships. My doctors said that I could never work
again. I have not been able to work anywhere in these past four years. For
these reasons I would like the whole review board to take a look at the
decision again from (case worker).
I think that I should still be
getting benefits and a pension for hurting myself on the job and resulted in an
operation which has stopped me from making a living ever since and for the rest
of my life...