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"I believe at this point that this is all a racketeering activity and if we have to take it into the federal courts, we're going to."
"The federal government needs . . . to take a really hard look at what's going on and ask social security to help injured workers prosecute these insurance companies because it's the insurance companies that are basically running the show right now."
Barbara Clark, injured worker, from the video at: http://www.mystatefraudstory.com/gvid03.aspx

WCBs Have An 'Identity Crisis' -
- They think they are insurance companies!


NEW BOOK - August 2013:

by Ron Ellis - Unjust by Design - Canada's Administrative Justice System

SICKO!
Michael Moore's Latest Film "SICKO" Stirs Passions in Workers Compensation Industry
- "SICKO" has been credited with reviving hope for injured workers.
SEE TRAILER OF "SICKO"
Canadian WCBs Routinely Use an Insurance Industry For-Profit Business Model to Deny and Delay Legitimate Claims

Canadian WCBs are delaying and denying compensation for injured workers in cases of expensive long-term claims. Delay and denial are well-documented insurance industry tactics.

Yet Canadian WCBs are not insurance companies, they are administrative boards of the provincial governments.

Why are Canadian WCBs using insurance industry tactics against injured workers?

They belong to the American Association of State Compensation Insurance Funds: (http://www.aascif.org/public/2.0_directory.htm) and the International Association of Industrial Accident Boards & Commissions (http://www.iaiabc.org/about/executive.asp) (mainly American) and Canadian WCBs are Members of American Insurance Company-controlled Research Factories - The Workers Compensation Research Institute's (WCRI's) governance and research is controlled largely by American Insurance companies.

If WCBs are not insurance companies, why do they belong to these insurance industry associations?

What are Canadian WCBs learning by belonging to these associations? There must be meetings, newsletters, conferences, email, etc. going back and forth to exchange ideas. By belonging to these American insurance industry associations, how do you think the Canadian WCBs are being influenced?


The CIWS believes that Canadian WCBs are wrongly using an insurance industry business model to minimize claim payouts when they should be simply administering prompt, fair compensation for all injured workers.
See: Overworked Food Bank Feeding Injured Workers as WorkSafeBC Reports Surpluses Over $2.2 Billion
and
How Injured Workers Get Screwed By Insurance Companies

A COMPARISON OF WCBs AND INSURANCE COMPANIES:
INSURANCE COMPANIES: WORKERS COMPENSATION BOARDS and APPEALS TRIBUNALS:
Private insurance companies have a responsibility to shareholders to maximize profit.

They do this largely by denying claims.
Administrative boards/tribunals have 'quasi-judicial' status and therefore have a responsibility and a DUTY to ensure that their policies and legislation comply with federal Constitutional law and the Charter of Rights.

Yet WCBs routinely ignore the legislation, routinely ignore the Charter and routinely deny legitimate claims.

As 'quasi-judicial' entities, it is the WCB's DUTY to ensure that their policies ALREADY comply with Constitutional law. However, they routinely ignore that duty.

It should not be the job of the disabled worker to force the WCB to obey the Charter.
See: WSIB Appeals Tribunal Forced by Court to Finally Acknowledge Human Rights Duties
and
Jurisdictional Duty Of WCB Boards And Appeals Tribunals To Apply The Constitution And Charter When Deciding Claims
Private insurance companies can be sued for damages by claimants for fraudulently denying claims. Workers compensation boards/tribunals cannot be sued for damages by claimants because of their quasi-judicial administrative powers including privative clauses.

Yet WCBs routinely abuse these powers and routinely deny legtiimate claims causing untold damages to disabled workers and their families. See: Injured Workers' Stories

Because disabled workers cannot sue for damages, they are routinely denied access to natural law and fundamental justice.

(Cases can proceed to judicial review by an outside court, but that court cannot award damages - they can only send the case back to the WCB. Injured workers can rarely afford this step and usually find the reults unfruitful as WCBs routinely ignore orders of the court.)

see PETITION for Removal of "tyrannical" Privative Clauses
Private insurance companies are not permitted to operate with an 'UNFUNDED LIABILITY' because, as private corporations, they could close down. Therefore, the law requires that private insurance companies ensure that ongoing claims will be funded in such an event. The original Meredith report explained that
the concerns that led to disallowing 'UNFUNDED LIABILITY' for private insurance companies DO NOT apply to WCB because WCB is a government program and not likely to close down. Therefore, it can be funded on a pay-as-you-go (current cost) basis (the government can impose fees on a yearly basis).

For the last 80 years, 'UNFUNDED LIABILITY' in WCB was not considered a problem until the pro-privatization lobby of the 1990s when the insurance industry started lobbying and positioning for the privatization of WCB. They hoped to have the system transferred to private hands, in which case it would have to be fully funded - with no 'unfunded liability'. (see discussion below)

(Current cost funding leaves vast sums of money in circulation in the hands of employers and small business where it does more good for the economy than it does tied up in WCB 'UNFUNDED LIABILITY' investments.)

THE CIWS DOES NOT ADVOCATE THE PRIVATIZATION OF WCBs. That would be EVEN WORSE for injured Canadians. However, we do believe that WCBs are taking advantage of their MONOPOLY and STATUS under the legislation to pursue profit at the expense of people.



THE PRIVATE INSURANCE LOBBY AND THE RECENT PREOCCUPATION WITH 'UNFUNDED LIABILITY' (since the 1990s):

"For the past decade employer organizations, the WCB/WSIB and the Ministry of Labour have raised the unfunded liability as a central theme in all discussions of workers' compensation reform. The argument goes that there is an unfunded liability, that this is a bad thing that threatens the viability of the workers' compensation system, and that the elimination of the unfunded liability must therefore be a priority for the Board. . .

. . . . The ongoing pre-occupation with the unfunded liability is the culmination of political campaigns that began for all the wrong reasons during the previous two provincial governments. It is a relatively recent phenomenon and has no basis in the history and philosophy of Ontario's workers' compensation system. It became an issue in the early 1990's as part of a political strategy to undermine public confidence in the government's financial management skills . . .

. . . Employer organizations joined in 'painting' the WCB as debt ridden and therefore unable to afford to continue to compensate injured workers as they had been in the past. This argument served their interest in keeping WCB assessments under control . . .

. . . pro-privatization and private insurance groups climbed on the 'unfunded liability bandwagon' because they saw a new government that was open to privatization of workers' compensation. They hoped to have the system transferred to private hands, in which case it would have to be fully funded . . . . Private insurance companies are not permitted to operate with an unfunded liability because, as private corporations, they could close tomorrow for any number of reasons . . . so the law requires insurance companies to ensure that their claim will be funded . . .

. . . the concerns that lead to a full funding model for individual private insurance companies do not apply to a collective liability model in which all employers in a class of industry contribute to the cost of injuries in that class. A collective liability model very different from a private insurance model . . .

. . . the unfunded liability, has been monitored, but it was not a burning issue for workers' compensation for nearly 80 years . . .

The argument goes that . . . Improving benefits for injured workers . . . cannot be on the table until later, once the unfunded liability is eliminated. If you accept this line of reasoning, injured workers will never see the restoration of cost of living adjustments, compensation will never be improved, and their suffering will only increase. . . .

From: The Injured Worker Community View of The 'Unfunded Liability' Issue
written by the "Injured Workers’ Consultants"





Give yourself about 30 minutes to watch the following video which is about injured worker, Barbara Clark's, amazing and disturbing story surrounding her interactions with the American workers compensation system and the insurance companies. http://www.mystatefraudstory.com/gvid03.aspx

Then, after watching this video, ask yourself how you think Canadian WCBs are being influenced by being members of American insurance industry associations.

Then ask yourself why our provincial governments are purposefully ignoring the denial of injured workers' legitimate claims by workers compensation boards across Canada.

Warning - your answers may disturb you.


Then if you're still not convinced, go watch "SICKO":
Michael Moore's Latest Film "SICKO" Stirs Passions in Workers Compensation Industry - Michael Moore's latest film "SICKO" has been credited with reviving hope for injured workers. SEE TRAILER OF "SICKO"


Related:
California Workers' Compensation "Fixed" So That Insurer Profits Are Greater Than Benefits Paid to Workers In Canada, massive rebates are going back to employers as injured workers fall into poverty. See - Overworked Food Bank Feeding Injured Workers as WorkSafeBC Reports Surpluses Over $2.2 Billion

American Association for Justice report, "Pattern of Greed: How insurance companies put profits over policyholders" - reveals how insurers collected billions in premiums from policyholders and then stiffed them in their time of greatest need. It highlights the aftermath of Hurricane Katrina and the secondary devastation caused by the insurance companies. The AAJ called on insurance regulators to immediately initiate investigations into companies that continue to unfairly delay and deny thousands of unresolved claims.


The Canadian Injured Workers Society is calling upon all concerned Canadians to
sign the following petition calling for a FEDERAL PUBLIC JUDICIAL INQUIRY
into wrongdoing by workers compensation systems across Canada

PLEASE SIGN OUR PETITION ONLINE



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