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"These are not minor failings - they are festering injustices. . . . Thousands of workers whose health has been undermined by their work are not receiving any compensation. . . . a fundamental national rethinking of workers compensation is required . . ." Canadian Centre for Policy Alternatives

Please send us any reports, etc., that you would like to see listed here to

(WCB Annual Reports are on the "Resources" page.)
(Hansards are on the "Politicians" page)
ALSO SEE LAW - COURT DECISIONS

INDEX - Commissions and Reports on WCB:
NATIONAL REPORTS:
EFFECTIVENESS and SOCIAL COSTS of WCBs
PRESUMPTIVE STATUS (Burden of Proof)
SURVEILLANCE OF INJURED WORKERS
DISABILITY GUIDELINES and IMPAIRMENT RATINGS
SUICIDE and WCB
INDEPENDENT MEDICAL EXAMINATIONS and MEDICAL BIAS
PRIVACY
OCCUPATIONAL HEALTH AND SAFETY and INJURY STATISTICS
MEDICAL ISSUES:

INTERNATIONAL REPORTS:
International Commissions and Reports on WCB

NEW! INTERNATIONAL DISABILITY STANDARDS
(Disability Standards and the Social Determinants of Health as they relate to Workers Disabled by Occupation)
  • Social Determinants of Health
  • ICF - International Classification of Functioning, Disability and Health
  • MAHDIE - Measuring Health and Disability in Europe
  • World Health Organization
  • Darrell Powell on the Social Determinants of Health as it relates to Workers Disabled by Occupation

PROVINCIAL REPORTS:
BRITISH COLUMBIA
ALBERTA
SASKATCHEWAN
MANITOBA
ONTARIO
QUEBEC
NOVA SCOTIA
NEW BRUNSWICK
PRINCE EDWARD ISLAND
NEWFOUNDLAND / LABRADOR
NORTHWEST TERRITORIES AND NUNAVUT
YUKON


MEREDITH REPORT:
Original Meredith Report of 1913

NATIONAL AND INTERNATIONAL:

EFFECTIVENESS and SOCIAL COSTS of WCBs:
(ALSO SEE INTERNATIONAL DISABILITY STANDARDS)

Turning the Tide - Renewing workers compensation in Manitoba - - "These are not minor failings - they are festering injustices. . . . Thousands of workers whose health has been undermined by their work are not receiving any compensation. . . . a fundamental national rethinking of workers compensation is required . . ."Canadian Centre for Policy Alternatives

Secondary Traumatization Of Work-Related Rehabilitation Clients "Secondary wounding is considered to occur when the institutions or caregivers, to whom the worker turns for assistance, respond with disbelief, denial, discounting, blame, stigmatization, and denial or delay of assistance. . . . . (Parenthetically, I would estimate that 50% of my rehabilitation clients have actively contemplated suicide at one time or another, not as a reflection of the initial trauma but as an outcome of secondary wounding)." Dr. Gary W. Lea, Psy.D., R.Psych

Workers’ Compensation Advocacy Group - Presentation to the Service Delivery Core Review - BC - 2001- " . . . the fairness, effectiveness, and efficiency of the Board’s compensation service delivery are not acceptable."

WCBs Are Undermining the Public Health Care System - ". . . as public insurance institutions, workers' compensation boards should be brought into compliance with the principles of the Canada Health Act. One public service should not be a vehicle driven by employers to undermine another. . . . In British Columbia, for example, WorkSafe BC has, in its own words, "aggressive" targets to reduce the average short-term claim duration. To the extent that workers are pressured into returning to work too quickly, the costs of workers' compensation will be eventually transferred to the public health system . . . For its part, it is the responsibility of the federal government to work to ensure that in no way is the Canada Health Act undermined, thwarted or contravened. The exclusion from the CHA of insured services delivered under workers' compensation should be dropped." From: Health Care Privatization and the Workers' Compensation System in Canada - prepared for presentation at The Canadian Political Science Association meetings Saskatoon, June 1, 2007 by CLC senior researcher, Teresa Healy

See also: WCBs Contribute to High Hospital Wait Times

See also: WCBs Download Costs Onto Health Care

World Health Organization (WHO) - The Social Determinants of Health - THE SOLID FACTS (2nd edition) (WCB AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH) "Poverty, relative deprivation and social exclusion have a major impact on health and premature death, and the chances of living in poverty are loaded heavily against some social groups . . . The unemployed, many ethnic minority groups, guest workers, disabled people, refugees and homeless people are at particular risk."From: World Health Organization (WHO)

WHO COMMISSION ON SOCIAL DETERMINANTS OF HEALTH - A Conceptual Framework for Action on the Social Determinants of Health "Mandatory Reading" says Darrell Powell, for anyone interested in disabled workers issues - in preparation for the fall Senate Committee on the Social Determinants of Health: - "Policymaking on social determinants of health equity should work towards the highest form of participation as authentic empowerment of civil society and affected communities. . . . The essence of empowerment is the increased ability of oppressed and marginalized communities to control the political and economic processes that affect their wellbeing . . . The empowerment of disadvantaged communities is intertwined with state responsibility.The state bears responsibility for creating spaces and conditions of participation that can enable vulnerable and marginalized communities to achieve increased control over the material, social and political determinants of their own wellbeing. . . "

WHO Interim Statement on Health Equity - from the World Health Organization Commission on the Social Determinants of Health: WHO COMMISSION ON SOCIAL DETERMINANTS OF HEALTH - Achieving Health Equity: from root causes to fair outcomes - Interim Statement- " . . . The development of society, rich or poor, can be judged by the quality of its population’s health, how fairly health is distributed across the social spectrum, and the degree of protection provided from disadvantage as a result of ill-health . . . The unequal distribution of resources impacts on people’s freedom to lead lives they have reason to value. . . This in turn has a powerful impact on health and its distribution in society. The Commission takes issue with the unequal distribution of social conditions when health suffers as a consequence. . . Not all health inequalities are unjust or inequitable. If good health were simply unattainable, this would be unfortunate but not unjust. Where inequalities in health are avoidable, yet are not avoided, they are inequitable. . . The injustice that the Commission seeks to redress comes from failure to achieve levels of health that, but for lack of action, should be attainable. . . .The right to the highest attainable level of health is enshrined in the Constitution of the World Health Organization and numerous international treaties (UN, 2000a). This right obliges governments and others to act – to take steps . . . Health inequities reflect the unequal distribution of power, prestige and resources among groups in society. . . Stratification creates advantage and disadvantage across social groups. Progressive disadvantage can lead to marginalization and disproportionate vulnerability among those excluded from societal benefits."

Economic Arguments for Action on the Social Determinants of Health by David Hay. Policy-makers the world over have argued that good social policy is the route to achieving economic growth and prosperity. CPRN has been studying that relationship for years - concluding that a strong health care system, a skilled workforce and resilient families bring with them comparative advantage . . . that investment in the social realm brings long term cost savings. Dec 2006 From: Canadian Policy Research Networks

The Injured Worker Participatory Research Project - Toronto 2001 - "Too many workers, denied compensation, end up on social assistance in Ontario . . . Injured workers described the process of seeking compensation as one that was highly bureaucratic, adversarial and in many cases humiliating. . . . It’s bad enough to get injured but they put you through torture . . . How do you survive on a hundred dollars a week? . . . I’m raising my kids on my own [now] with a lot of help from my parents…on less than I would get on welfare.”

Research Action Alliance on the Consequences of Work Injury - "The mandate of the Alliance is to undertake research on the workers' compensation system and its role in the economic, social and health consequences of work injury."

Social Determinants of Health and Nursing:"Working on the front lines of the health care system, nurses see . . . individuals and groups of people who are more susceptible to illness . . . If they ask the right questions during their assessment process, nurses will often find links between these people and issues such as low income, high levels of stress, job insecurity, food insecurity, poor housing, and social isolation . . ."From: Canadian Nurses Association (CNA)

Barriers in Disability Support Programs for Homeless People with Disabilities. . . All project participants eventually became homeless because they could not secure an adequate income through the following public programs: . . . Failure of Workers Safety and Insurance Board (WSIB) . . . Workplace injuries played a role in becoming disabled for 57% of participants . . . WSIB did not help to ensure that participants had another adequate source of income before cutting off their WSIB benefits." - by Streethealth -

Homelessness in a Growth Economy: Canada’s 21st Century Paradox - “"Streets to Homes assumes that barriers to success in life – including poor job skills, addictions, and poor mental and physical health – can best be tackled when you have a place to call home.”. . . Long-term homeless sometimes have physical and mental health issues that extend far beyond the pale of most citizens. . . . "Our goal,” Mangano tells his Canadian audience, “is to not merely manage or cope with this disease, but to put an end to this more, spiritual, social and economic disgrace." A Report for the Sheldon Chumir Foundation for Ethics in Leadership


(ALSO SEE INTERNATIONAL DISABILITY STANDARDS)


PRESUMPTIVE STATUS (Burden of Proof):
The book "Workers' Compensation In Canada" 2nd edition clarifies 'presumptive status' - "The Acts provide for an enquiry system, not an adversary system. There is, therefore, no burden of proof on anyone except the Board." Terence Ison - Professor Emeritus, Osgoode Hall Law School - Books by this recognized expert on WCB Legislation


SURVEILLANCE OF INJURED WORKERS:
Legal and Social Issues Raised by the Private Policing of Injured Workers - "It is . . . unclear why some jurisdictions permit video-surveillance of workers in cases where it would be illegal to use the same techniques to catch criminals. . . . and it is postulated that workers could claim protection from abusive state action under sections 7 and 8 of the Charter. Although workers relinquished, historically, their right to sue employers for damages, they never relinquished their right to dignity." Katherine Lippell - Professor of Law:


DISABILITY GUIDELINES and IMPAIRMENT RATINGS:
Workers' compensation ratings don't accurately predict disabilities ". . . race/ethnicity and other sociodemographic factors influence medical decision making . . . Furthermore, the flaws in the system "are not distributed evenly" but "are visited disproportionately" on minorities and persons of lower socioeconomic status." Their findings "raise questions about both the validity and the fairness of the current disability determination program."

Unlawful Use of Impairment Ratings and AMA Guides

(ALSO SEE INTERNATIONAL DISABILITY STANDARDS)


SUICIDE and WCB:
100% of Workers' Advocates have had clients who have committed suicide

Secondary Traumatization Of Work-Related Rehabilitation Clients "Secondary wounding is considered to occur when the institutions or caregivers, to whom the worker turns for assistance, respond with disbelief, denial, discounting, blame, stigmatization, and denial or delay of assistance. . . . . (Parenthetically, I would estimate that 50% of my rehabilitation clients have actively contemplated suicide at one time or another, not as a reflection of the initial trauma but as an outcome of secondary wounding)." Dr. Gary W. Lea, Psy.D., R.Psych

Disability Adjustment And The Co – Relationship of Workers Compensation Induced Psychiatric Injury"Mr. Bupindar Sing Kang is not here after eight years with the WCB of BC. Before that he was a functioning, contributing member of society, namely a truck driver I believe, just as I was an extremely active and successful ship builder. What his story has in common with others of suicide is the psychiatric injury caused by interaction with the WCB that precedes the event, subsequent to occupational injury and disability." - As Submitted to the Standing Senate Committee Social Affairs, Science and Technology – On Mental Health Written and Submitted By Darrell C. Powell

"Navigating Workplace Disability Insurance Report "by the Canadian Mental Health Association " . . . The present project is part of a larger study relating to the factors that contributed to the death of Donald James Mayer, investigated in a Coroner’s Jury in the fall of 2000. . . one of the main reasons behind Mr. Mayer’s distress that day was the rejection of his disability insurance claim by his workplace insurance provider, after he had gone through a drawn-out application and appeal process for both coverage through a private insurer, as well as through the Workers’ Compensation Board (WCB). At the subsequent Coroner’s Inquest, at which CMHA BC Division had intervenor status, the Jury recommended to the Canadian Life and Health Insurance Association that the organization and others take steps to make the claim process more “efficient, accurate, and timely,” so as to help avoid similar situations in the future. The jury also made a recommendation to WCB about the need to consider “apparent work stress claims” more carefully . . .”Also see video documentary

Lawyer blames WorkSafeBC for suicide
"The WCB has treated him as a cheater and a liar since he was badly injured in a truck accident in 1998 . . . I'm filing a complete report to the Abbotsford police and I'm asking them to investigate this as a criminal matter. . . . "I think we have to stop [WorkSafeBC] from operating the way it does," Paterson said, likening the Tuesday meeting room to a police interrogation cell. "They treat people as cheaters and liars and do covert surveillance on thousands of British Columbians - there's no rules on that.""

Eight-year battle with province ends in suicide
"Family, lawyer says battle with WorkSafeBC left injured man despondent . . . Kang's brother . . . wants answers for his family. "There should be some investigation into how he was treated," he said, starting to cry. "We don't want this to happen to anyone else." . . . Paterson wants a coroner's inquest to look at how WorkSafe B.C. deals with clients like his who are severely depressed over their plight.. . . . ""They treated this guy like a cheat and a liar for the whole eight years," Paterson said.""

Worker's Suicide Linked to WorkSafe BC at Coroner's Inquest
Also see thread about "WCB SUICIDES" at the Community of Injured Workers in Canada website

Also see:
PTSD, Chronic Stress, Psychological/Mental Injury and WCBs
and
Mental Health / Chronic Stress


INDEPENDENT MEDICAL EXAMINATIONS and MEDICAL BIAS:
(See also Medical Professionals and Possible Sources of Biased Medical Research and Information)

REPORT - Independent Medical Examination in Canada: The Need for Reform - ". . . the very credibility of the profession is at stake . . ." Lise Noel, Ph D:

National ME/FM Action Network IME Registry


PRIVACY:
Saskatchewan Workers’ Compensation Board blasted by Privacy Commissioner: "The Commissioner found that the WCB disclosed to the Complainant’s employer more personal information and personal health information than was necessary . . .that the WCB failed to adequately safeguard the Complainant’s information . . . there was a more or less continuous flow to the Employer of copies of most communications between the Case Manager and this Complainant . . . safeguards were effectively short-circuited by the apparent practice of routine sharing of copies of correspondence intended for the claimant with the claimant’s Employer . . . the WCB in certain key areas had not met the requirements of HIPA, of FOIP or of the Overarching Personal Information Privacy Framework for Executive Government." Also see News Release


OCCUPATIONAL HEALTH AND SAFETY ISSUES:
(For OCCUPATIONAL DISEASES, see MEDICAL ISSUES below)

SAFETY:
The Impact of Workers’ Compensation Experience-Rating on Discriminatory Hiring Practices - . . . most researchers have been cautious about crediting experience-rating for lowering overall actual injury rates,because experience-rating provides incentives for injury under-reporting . . . Beforeexperience-rating becomes further entrenched in the workers’ compensation system, understanding any other unintended, negative side effects remains important.. . . Like earlier studies, the results of this one should heighten concerns about theappropriateness of using experience-rating as an approach to injury prevention. - (Article originally printed in the Journal of Economic Issues; posted here by special permission of the copyright holder, the Association for Evolutionary Economics.

OFL Report Exposes Employers Getting Rebates After Job Accidents - Ontario Federation of Labour releases report, the Perils of Experience Rating: Exposed! "The Report shows that . . . This practice encourages employers to mis-report and under-report accidents, to force injured workers back to work before they are medically ready, and to pay workers sick pay rather than have them receive compensation benefits. Anything goes to keep the employers claims history in good standing. "Tens of millions of dollars are drained out of the WSIB's accident fund each year by employers who have learned how to play the game of experience rating," said Samuelson. "In fact, according to the WSIB's own figures, rebates have exceeded penalties by more than half a billion dollars in the last four years alone."

WCBs REPORT FALSE WORKPLACE INJURY STATISTICS

The Consequences of Underreporting Workers' Compensation Claims " . . . (54%) of work-related injuries were inappropriately billed to the public health care system and not to workers' compensation boards. . . . it could be considered fraudulent to bill medicare for work-related consultations, because the Canada Health Act specifically excludes payment for any service that is eligible to be paid for by workers' compensation insurance." CMAJ - January 2007

Five Deaths a Day: Workplace Fatalities in Canada, 1993-2005 - "Conclusion: . . . First, . . . the number and rate of workplace fatalities in Canada, even from accidents, is unacceptably high. Second, insufficient progress is being made in reducing the number and rate of workplace fatalities." CENTRE FOR THE STUDY OF LIVING STANDARDS (* * * NOTE * * * This report takes its statistics from the Association of Workers Compensation Boards in Canada (AWCBC) which only reports ACCEPTED claims. The CIWS believes that the REAL statistics ARE MUCH WORSE! - see WCBs Report False Workplace Injury Statistics)

Canadian Occupational Safety magazine
CanOSH resources
Canadian Centre for Occupational Health and Safety
Occupational & Environmental Medicine
Chemical Injury Relief Foundation
Research Action Alliance on the Consequences of Work Injury


MEDICAL ISSUES:
Also see SOCIAL COSTS: (WCB as a Negative Social Determinant of Health) above

ASBESTOS-RELATED DISEASES:
Baie Verte Miners' Registry

REHAB:
Secondary Traumatization Of Work-Related Rehabilitation Clients "Secondary wounding is considered to occur when the institutions or caregivers, to whom the worker turns for assistance, respond with disbelief, denial, discounting, blame, stigmatization, and denial or delay of assistance. . . . . (Parenthetically, I would estimate that 50% of my rehabilitation clients have actively contemplated suicide at one time or another, not as a reflection of the initial trauma but as an outcome of secondary wounding)." Dr. Gary W. Lea, Psy.D., R.Psych

A Common Language: A Common Policy On Safe and Timely Return to Function, Return to Work - "A multi-disciplinary approach is critical to successful implementation of an interactive model of functioning and disability." It will promote critical early intervention and involvement in disability, which is essential to return to function. Several countries in Europe, Italy, for example, have committed to implementing the ICF (International Classification of Functioning, Disability and Health) principles in addressing their labour market challenges." - Published by the Round Table Project and ICF Primer

New International Disability Standard a 'Paradigm Shift' - Going before the European Union's Parliament Sept 16 2008, the MAHDE recommendations will fundamentally change the concept of disability from ICDH(1980) to the ICF(2001). MAHDE (Measuring Health and Disability in Europe) has brought together international institutions and researchers to demonstrate the application of the ICF model in the collection of health and disability data. ICF, the World Health Organisation's International Classification of Functioning, Disability and Health, is a cross-cutting, universal framework and international standard that constitutes a paradigm shift in our understanding of disability. It underscores the need to integrate individual functioning with the complete physical and social environment in order to capture the full lived experience of disability that links health and social policy to promote social integration and increase participation, thereby enhancing opportunities for persons with disabilities. They Identify barriers to recovery and have shown that data currently being collected, nationally and internationally, embody conceptual confusions, inconsistencies and ambiguities about disability and the relationship between health conditions, impairments and environmental factors.
MHADIE (Measuring Health and Disability in Europe) - website
MHADIE policy recommendations 2008 (PDF)
ICF - The International Classification of Functioning, Disability and Health and the ICF Primer (Identifies barriers to recovery)

(ALSO SEE INTERNATIONAL DISABILITY STANDARDS)

CHRONIC PAIN:
Supreme Court Decision - Chronic Pain - Martin and Laseur, Nova Scotia

The Denial of Chronic Pain "Canada is becoming increasingly less sympathetic towards the weak, the poor, the injured and the disadvantaged. . . . we seem to have crossed a threshold where it is increasingly acceptable to demonstrate a lack of empathy or compassion for anybody who is injured and, in particular, those who have chronic pain. Governments not only fail to display compassion for injured workers, but displaying such compassion is seen as weakness for not staying the course of significantly reducing direct costs." Robert W Teasell MD FRCPC

Special Report: American Medical Association is Injuring Patients with RSD (reflex sympathetic dystrophy/complex regional pain syndrome) The American Medical Association (AMA) is currently under fire for what experts are calling a reckless assault on patient care.


Also see SUICIDE and WCB


MENTAL HEALTH / CHRONIC STRESS:
2009 Important New Decision May 2009: BC Court Strikes Down Wcb Policy On Compensation For Mental Stress - Finds It Discriminatory Under The Charter

Public policy for the prevention and compensation of mental health problems related to work: issues of importance for women - Katherine Lippel CRC in OHS Law, University of Ottawa, International Congress Women, Work and Health, Zacatecas, October, 2008

Out of the Shadows At Last - Transforming Mental Health, Mental Illness and Addiction Services in Canada - (aka "KIRBY REPORT") Final Report of The Standing Senate Committee on Social Affairs, Science and Technology The Honourable Michael J.L.Kirby, Chair The Honourable Wilbert Joseph Keon, Deputy Chair May 2006 "The Committee . . . . recommends . . . that the Canadian Mental Health Commission . . . work closely with provincial and territorial governments as well as with Workers’ Compensation Boards, employers and trade unions across the country to develop best practices with respect to compensation for occupational stress-related claims."
(PART 1 (pdf)) (PART 2 (pdf))
FULL REPORT (html)
Take Action - Help the Canadian Mental Health Commission Become a Reality


Secondary Traumatization Of Work-Related Rehabilitation Clients "Secondary wounding is considered to occur when the institutions or caregivers, to whom the worker turns for assistance, respond with disbelief, denial, discounting, blame, stigmatization, and denial or delay of assistance. . . . . (Parenthetically, I would estimate that 50% of my rehabilitation clients have actively contemplated suicide at one time or another, not as a reflection of the initial trauma but as an outcome of secondary wounding)." Dr. Gary W. Lea, Psy.D., R.Psych

Disability Adjustment And The Co – Relationship of Workers Compensation Induced Psychiatric Injury and The RainyDay Syndrome - as submitted to the Standing Senate Committee Social Affairs, Science and Technology – On Mental Health Written and Submitted By Darrell C. Powell

Compensation for Mental Stress - Is Current Law and Policy in Ontario’s Workers’ Compensation Too Restrictive?” " . . . Workers . . .will have no recourse to workers’compensation benefits. . . . The legislative exclusion of mental stress in the WSIA would be vulnerable to a Charter challenge by injured workers. . . . A Charter challenge would find strong support . . . Many other provinces have similar exclusions . . . for mental stress . . ." Maryth Yachnin Staff Lawyer IAVGO, June 2006 IAVGO Reporting Service (Industrial Accident Victims' Group of Ontario)

WORKERS’ COMPENSATION AND STRESS - Gender and Access to Compensation"Given the logic of the compensation system it may be assumed that equal access to compensation will serve to promote better prevention of those working conditions that are detrimental to health. The more that stressful work is seen as a significant contributor to disability the more likely it will be that preventative measures will be integrated in the workplace.." Katherine Lippell - International Journal of Law and Psychiatry, Vol. 22, No. 1, pp. 79–89, 1999

Hospital Employees’ Union (BC) - What Can We Do About Stress? (Part Two) "There is documented evidence that work-related stress leads to illness, injury, and disability. Even so, some workers’ compensation boards in Canada do not recognize stress claims."

Compensation For Chronic Stress (A Briefing Paper for the BC Royal Commission, Feb 1998)"Recent court cases in Prince Edward Island and Nova Scotia have called into question the practice of denying compensation for chronic stress claims under standard workers’ compensation legislation. In Dowling v. P.E.I., the Court of Appeal held that the province’s basic compensation provision required the Board to hear chronic stress claims on their merits. Similarly, in an earlier case from Nova Scotia, the Supreme Court held that in a mental-physical case, there need not be a traumatic incident in order for the injury to be compensable." In Dowling v. Prince Edward Island (Workers’ Compensation Board (1995), 7 C.C.E.L. (2d) 157, the P.E.I. Court of Appeal found that the P.E.I. Board’s policy regarding psychological disability, which required a psychologically traumatic event in the workplace, was an unauthorized narrowing of the definition of “accident” in the enabling legislation.

BC Business and Economic Roundtable on Mental Health

Also see:
PTSD, Chronic Stress, Psychological/Mental Injury and WCBs
and
SUICIDE and WCB


CHRONIC FATIGUE / FIBROMYALGIA / MYALGIC ENCEPHALOMYELITIS:
The National ME/FM Action Network"a Canadian, registered, non-profit organization dedicated to advancing the recognition and understanding of Myalgic Encephalomyelitis / Chronic Fatigue Syndrome (ME/CFS) and Fibromyalgia Syndrome (FMS) through education, advocacy, support, and research."

PROVINCIAL REVIEWS:
(also see Hansards on the "Politicians" page)

WCB Annual Reports are on the "Resources" page.

BRITISH COLUMBIA:
2009 - Insult to Injury - BCFED recommends sweeping reforms A report released by the B.C. Federation of Labour states that legislative and policy changes to the BC Workers’ Compensation System from 2002 - 2008 have been "dramatic", "universally detrimental to injured workers" and "particularly devastating for those rendered unable to return to their former jobs as a result of permanent disabilities". The report recommends sweeping reforms of the BC workers compensation system.

Royal Commission on Workers’ Compensation in British Columbia 1999- "The commission determined that . . . the Workers Compensation Board of British Columbia has failed in its mandate to administer fair and equitable benefits to all injured workers, often those most in need of assistance." - from Final Report Preliminary

ALBERTA:
Alberta WCB Review 2000- "Too often, it seems that injured workers, rather than being helped and assisted during a difficult and traumatic time, are marginalized by the WCB. Many cannot not (sic) understand why they are not given the benefit of the doubt when there is a conflict between the WCB’s Medical Advisors and their own doctors. They are frustrated by a system that seems unfair and unaccountable. Sometimes, case managers make workers feel that the injury was their own fault."

SASKATCHEWAN:
Committee of Review Report 2006 - "The candour, frustration, anger and tears of the persons who spoke to us, demonstrated again the profound impact the legislation and decisions by the members and employees of the Workers’ Compensation Board have on individuals, families and businesses . . . With the exclusive authority and immunity given to the Board . . . It is expected the Board and each employee of the Board will exercise the Board’s enormous power over individuals in a fair and reasonable manner . . .for the communal and public good, not for private, selfish or profit interests." (Part 1) (Part 2)

Saskatchewan Workers’ Compensation Board blasted by Privacy Commissioner: - March 2007"The Commissioner found that the WCB disclosed to the Complainant’s employer more personal information and personal health information than was necessary . . .that the WCB failed to adequately safeguard the Complainant’s information . . . there was a more or less continuous flow to the Employer of copies of most communications between the Case Manager and this Complainant . . . safeguards were effectively short-circuited by the apparent practice of routine sharing of copies of correspondence intended for the claimant with the claimant’s Employer . . . the WCB in certain key areas had not met the requirements of HIPA, of FOIP or of the Overarching Personal Information Privacy Framework for Executive Government."

Saskatchewan Committee of Review - 2001 - "Despite all the change and initiatives since 1995, the Committee heard from many persons that the Board has not acted fairly in the past five years. We heard individual accounts that suggest the Board did not act fairly or reasonably. We do not know if these accounts are isolated incidents or symptomatic of a larger problem or culture within the Board."


MANITOBA:
Turning the Tide - Renewing workers compensation in Manitoba - - "These are not minor failings - they are festering injustices. . . . Thousands of workers whose health has been undermined by their work are not receiving any compensation. . . . a fundamental national rethinking of workers compensation is required . . ."Canadian Centre for Policy Alternatives

Manitoba Auditor General's 2006 report on WCB "We are disappointed that one of our messages arises from the significant, initial difficulties we experienced in obtaining unrestricted access to the information we required to perform our work. This is the first time that a public sector organization disputed our right of full and uninhibited access to information. During our review, we encountered several instances of acts and omissions of the WCB and its senior representatives which unduly restricted our work." This report also outlines CONFLICTS OF INTEREST


ONTARIO:
Pre-1990 Claims Unit Study - Final Report to the Workplace Safety and Insurance Board "The breadth of social losses associated with the injury and the physical decline following an injury were often devastating. . . . Board physicians had too much authority . . . whereas workers' own general practitioners or specialists had no authority . . . adjudicators appear to have the authority to over-ride medical decisions . . . there is a need for more humane and compassionate treatment of injured workers, and the right, . . . for all injured workers to receive the benefit of the doubt, unless their lack of legitimacy is actually proven."

Making the System Better "It was extremely difficult for those who had no income for an extended period of time while the case was being decided. . . . Some people suggested that had family not been there, they could have become homeless . . . The only option open to some people following their injury was social assistance. . . . tens of thousands of injured Ontario workers are experiencing hardship within the system. . . . pain and other physical complaints are questioned . . . an atmosphere of distrust develops between workers, the (WSIB . . .), and doctors . . . Injured workers may have claims refused and be forced to live off savings or be supported by other family members as they wait for an appeal. Some have no choice but to go on social assistance . . . Injured workers may have difficulty accessing the right treatment . . . (they) are caught within a culture that “blames them” for their lengthy recovery and perceives their attempts at negotiation and control as resistance. . . . close to 70% of those injured workers with more complicated cases were dissatisfied with their interactions with the WSIB." From: Injured Workers Online


NEW BRUNSWICK:
CUPE New Brunswick's Brief to the WHSCC Independent Review Panel, November 2007 - ". . . changes made to the compensation system in New Brunswick in 1993 made the access to the system more difficult. The end result has been an increase in the number of people injured and the overall number of claims accepted has decreased . . . " - also recommends reinstatement of the Occupational Health and Safety Commission. (also see article)

100% of Workers' Advocates have had clients who have committed suicide - from "Comments for the INDEPENDENT REVIEW PANEL On the WHSCC of New Brunswick Submitted by the Office of Workers’ Advocates November, 2007" - "All of the advocates have had clients who have committed suicide while on a claim."


NOVA SCOTIA:
Nova Scotia WCB Review Committee Report - 2002 - "The committee found the workers’ compensation program to be overly complex, highly technical, excessively legal, rigidly compartmentalized and poorly coordinated. . . . Over the years . . . for whatever reason – incompetence, mismanagement, bungling, deceit, apathy, political interference, expediency or indifference – the program lost its way . . . If asked to start from scratch, no one would design or build the program as it exists today."

Nova Scotia Select Committee on the Workers' Compensation Act - 1998


NEWFOUNDLAND/LABRADOR:
Baie Verte Miners' Registry


BRUNSWICK:


NORTHWEST TERRITORIES AND NUNAVUT:
Report on the Workers' Compensation Board of the Northwest Territories and Nunavut



International Commissions and Reports on WCB:

UNITED STATES:
Occupational and Environmental Medicine in the United States: - A Proposal to Abolish Workers’ Compensation and Reestablish the Public Health Model - Joseph Ladou, MD - "The field of occupational and environmental medicine is at risk of further deterioration because of its acceptance of the workers’ compensation model of occupational health training, research, and practice, which are subject to influence by industry and workers’ compensation insurers."
------------- "Reform in occupational medicine will require that the United States abolish workers’ compensation. Such reform will not be widely supported, even though the failure of the workers’ compensation system is beyond dispute." Published by the World Health Organization's International Journal of Occupational and Environmental Health (April 2006)


Workers’ Compensation: A Cautionary Tale - the workers' compensation system is a "colossal failure" with an "adversarial bureaucracy and inadequate benefits".Published by the Center for Justice & Democracy. 2006

Workers’ Compensation in New York State: An Issue of Human Rights - ". . . workers are forced to prove their need for benefits in a grossly unbalanced match against powerful insurance companies and lawyers . . . workers are forced to go to low quality doctors paid by insurance companies . . . In conflict with medical ethics, these doctors, misleadingly called Independent Medical Examiners (IMEs), go to great lengths to deny claims and give false diagnosis . . . The testimony of doctors working for insurance companies is used to falsely accuse workers of fraud and deception . . . Claimants have been told by insurance companies that serious injuries, such as toxic chemical exposures, are “all in their head,” while legitimate and sometimes life-threatening claims are routinely denied.."Published by the The National Economic and Social Rights Initiative (NESRI) September 2006

How Many Injured Workers Do Not File Claims for Workers’ Compensation Benefits? - underreporting of wokplace injuries - "Conclusions: Survey respondents reported a substantial degree of under-claiming of WC benefits, contrasting with public attention on fraudulent over-claiming. . . . Am. J. Ind. Med. 42:467– 473, 2002. © 2002 Wiley-Liss, Inc." Also published by pdhealth.mil


National Academy of Social Insurance - does extensive research into workers compensation topics.


MULTINATIONAL:
The Impact of Workers’ Compensation Experience-Rating on Discriminatory Hiring Practices - . . . most researchers have been cautious about crediting experience-rating for lowering overall actual injury rates,because experience-rating provides incentives for injury under-reporting . . . Beforeexperience-rating becomes further entrenched in the workers’ compensation system, understanding any other unintended, negative side effects remains important.. . . Like earlier studies, the results of this one should heighten concerns about theappropriateness of using experience-rating as an approach to injury prevention. - (Article originally printed in the Journal of Economic Issues; posted here by special permission of the copyright holder, the Association for Evolutionary Economics.)






NEW! International Disability Standards:

Disability Standards and the Social Determinants of Health
as they relate to Workers Disabled by Occupation

UNNATURAL CAUSES - Is Inequality Making Us Sick UNNATURAL CAUSES - Is Inequality Making Us Sick
NEW INTERNATIONAL DISABILITY STANDARDS:
New International Disability Standard a 'Paradigm Shift' - Going before the European Union's Parliament Sept 16 2008, the MAHDE recommendations will fundamentally change the concept of disability from ICDH(1980) to the ICF(2001). MAHDE (Measuring Health and Disability in Europe) has brought together international institutions and researchers to demonstrate the application of the ICF model in the collection of health and disability data. ICF, the World Health Organisation's International Classification of Functioning, Disability and Health, is a cross-cutting, universal framework and international standard that constitutes a paradigm shift in our understanding of disability. It underscores the need to integrate individual functioning with the complete physical and social environment in order to capture the full lived experience of disability that links health and social policy to promote social integration and increase participation, thereby enhancing opportunities for persons with disabilities. They Identify barriers to recovery and have shown that data currently being collected, nationally and internationally, embody conceptual confusions, inconsistencies and ambiguities about disability and the relationship between health conditions, impairments and environmental factors.

MHADIE (Measuring Health and Disability in Europe) - website

MHADIE policy recommendations 2008 (PDF)

ICF - The International Classification of Functioning, Disability and Health

ICF Primer

PRESS RELEASE - MHADIE - A new framework for supporting health and disability policy in Europe - Final EU Project's results and Policy Recommendations presented at European Parliament on 16th September 2008 . . . This project's results are of great interest to those concerned with health and disability issues, as well as the larger scientific community. . . "For the first time health and disability issues have been approached not merely from a narrow clinical perspective but from one in which environmental, psychological and quality of life aspects of the total lived experience have been also taken into account. MHADIE researchers developed a framework to influence and support new European policy guidelines on health and disability . . . and used ICF (International Classification of Functioning, Disability and Health) as a cross-cutting universal framework and international standard. The ICF provides a new framework for conceptualizing health and disability. An important aim of the MHADIE project was a workable and generic definition of disability, one which reflects the view of MHADIE researchers that disability is a universal, human condition, not the distinguishing mark of a separate, minority group. . . "Understanding how to respond to the needs of people with disabilities means understanding how to influence social and economic policies as well as designing specific tools to combat discrimination and promote social integration and participation, thus enhancing opportunities."

DARRELL POWELL:
on the Social Determinants of Health as it relates to Workers Disabled by Occupation


WORLD HEALTH ORGANIZATION and the SOCIAL DETERMINANTS OF HEALTH:

Inequities Killing People on "grand scale" - WHO Report - "Social justice is a matter of life and death. . . Social injustice is killing people on a grand scale. . . All people need social protection across the lifecourse, as young children, in working life, and in old age. People also need protection in case of specific shocks, such as illness, disability, and loss of income or work." from World Health Organization Commission on the Social Determinants of Health - Report of Aug 28 2008 - "Closing the Gap in a Generation: Health Equity through Action on the Social Determinants of Health.

World Health Organization (WHO) - The Social Determinants of Health - THE SOLID FACTS (2nd edition)"Poverty, relative deprivation and social exclusion have a major impact on health and premature death, and the chances of living in poverty are loaded heavily against some social groups . . . The unemployed, many ethnic minority groups, guest workers, disabled people, refugees and homeless people are at particular risk."From: World Health Organization (WHO)


World Health Organization (WHO) - The Social Determinants of Health - THE SOLID FACTS (2nd edition) (WCB AS A NEGATIVE SOCIAL DETERMINANT OF HEALTH) "Poverty, relative deprivation and social exclusion have a major impact on health and premature death, and the chances of living in poverty are loaded heavily against some social groups . . . The unemployed, many ethnic minority groups, guest workers, disabled people, refugees and homeless people are at particular risk."From: World Health Organization (WHO)

WHO COMMISSION ON SOCIAL DETERMINANTS OF HEALTH - A Conceptual Framework for Action on the Social Determinants of Health "Mandatory Reading" says Darrell Powell, for anyone interested in disabled workers issues - in preparation for the fall Senate Committee on the Social Determinants of Health: - "Policymaking on social determinants of health equity should work towards the highest form of participation as authentic empowerment of civil society and affected communities. . . . The essence of empowerment is the increased ability of oppressed and marginalized communities to control the political and economic processes that affect their wellbeing . . . The empowerment of disadvantaged communities is intertwined with state responsibility.The state bears responsibility for creating spaces and conditions of participation that can enable vulnerable and marginalized communities to achieve increased control over the material, social and political determinants of their own wellbeing. . . "

WHO Interim Statement on Health Equity - from the World Health Organization Commission on the Social Determinants of Health: WHO COMMISSION ON SOCIAL DETERMINANTS OF HEALTH - Achieving Health Equity: from root causes to fair outcomes - Interim Statement- " . . . The development of society, rich or poor, can be judged by the quality of its population’s health, how fairly health is distributed across the social spectrum, and the degree of protection provided from disadvantage as a result of ill-health . . . The unequal distribution of resources impacts on people’s freedom to lead lives they have reason to value. . . This in turn has a powerful impact on health and its distribution in society. The Commission takes issue with the unequal distribution of social conditions when health suffers as a consequence. . . Not all health inequalities are unjust or inequitable. If good health were simply unattainable, this would be unfortunate but not unjust. Where inequalities in health are avoidable, yet are not avoided, they are inequitable. . . The injustice that the Commission seeks to redress comes from failure to achieve levels of health that, but for lack of action, should be attainable. . . .The right to the highest attainable level of health is enshrined in the Constitution of the World Health Organization and numerous international treaties (UN, 2000a). This right obliges governments and others to act – to take steps . . . Health inequities reflect the unequal distribution of power, prestige and resources among groups in society. . . Stratification creates advantage and disadvantage across social groups. Progressive disadvantage can lead to marginalization and disproportionate vulnerability among those excluded from societal benefits."

Economic Arguments for Action on the Social Determinants of Health by David Hay. Policy-makers the world over have argued that good social policy is the route to achieving economic growth and prosperity. CPRN has been studying that relationship for years - concluding that a strong health care system, a skilled workforce and resilient families bring with them comparative advantage . . . that investment in the social realm brings long term cost savings. Dec 2006 From: Canadian Policy Research Networks

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