
Make this current reporting process make sense! It NEVER will!
The CURRENT reporting system!
Worker reports the injury!
Employer reports the injury!
Doctors report the injury!
Injury is reported again when disabling symptoms occur!
How many times does the commission need to be reminded that the injury occurred? SERIOUSLY!
The below process MAKES SENSE!
1. Incident happens on job.
2. Gets reported to employer.
3. Worker gets medical attention.
4. Medical doctors provide worker and employer with injury report.
5. Worker applies for compensation for loss of earnings and/or medical aid with injury report from medical doctors.
6. Employer submits incident report with report of injury from medical doctors.
7. Earnings reports are provided to commission as part of application.
8. Loss of earnings benefits are calculated based on the facts. Maximum compensable amounts are ONLY legal IF doing so will NOT cause unfair results (like ya know......removing the ability to pay rent). Questions need to be asked to ensure the 85% will not cause unfair results. Such as a child loosing hockey, or cell bill needs to be cut or car insurance can not be paid, or a credit card will not get paid off as per the schedule you can prove it was being paid off. IF any % of loss of earnings WILL cause ANY unfair results for the injured worker, then 100% of lost earnings HAS to be compensated for under Section 20(4) of WHSC Act, 2022 and EL-01 exceptional circumstances.
9. IF an injury is determined to be a permanent functional impairment, the injured worker has to receive the estimated loss of earning capacity based on the injury IMMEDIATELY!
10. IF an injury proves to be less or more serious, then estimated loss of earning capacity is IMMEDIATELY reviewed (as per Section 74(a)).
11. IF an injured worker looses time as a result of a RETURN of disabling symptoms the commission has to determine if a year has passed since this happened or not. If a year has passed, it is immediately a recurrence. No adjudication necessary. Why? Because medical evidence IS presented to prove the disabling symptoms are present. And medical time off work has been presented as a result of those disabling symptoms. The injured worker should NEVER be considered a source of proof (aka a form 6) of ANYTHING!
An application for compensation for a temporary loss of earnings from an injury that will no permanent loss of earning capacity CAN be filed under "closed" as LONG as the injured worker returned to the same job at the same capacity and no loss of earning was occurring as a result of the injury!
As LONG as the injured worker IS loosing earnings, REGARDLESS how small the loss is, the commission is NOT allowed to stop the compensation payments until ALL loss of earnings have been recovered! OR until the injured worker reaches the loss of earning capacity they are estimated to be able to earn. Why? Because the time it takes to recover from a permanent functional impairment to be able to return to work HAS and ALWAYS will be a KNOWN impact on your possibilities of how far you COULD have gone had the injured NEVER HAPPENED!
PLEASE describe to me HOW these concepts are FAR too difficult for the Directors, CEO, the lawyers, and basically ANYONE with a decent ounce of intelligence to understand? Because I fail to see how they are not understanding these concepts! Other than not being qualified or educated with a strong background in reading comprehension!
And I want an explanation of how the current system EVER existed.
And I want an explanation of why the process that makes more logical sense is continuously ignored and not being implemented as soon as possible. I have offered this similar process before with zero action and zero response.
Please help me get these necessary responses and changes now.
It is quite clear the individuals running the commission have never cared about the injured workers best interest, the law being applied legally, and common sense approaches to decision making based on facts of the medical teams and the actual loss of earnings and the loss of earning capacities of the injured workers.
Thank you All for your continued support!
May God bless every one of you!