Dustin's file is now permanently SITTING on a desk waiting for a report that they will NEVER get because they have been made aware he has cancelled due to financial issues related to them refusing his compensation entitlement benefits!
The commission will basically let this file rot there and say "we did everything". It was not our fault he could not afford to go.
Really?
Not giving him his legal compensation since Aug 5, 2019 based on medical proof of loss of earning capacity because his injury stops him from applying for offshore jobs and jobs in the oilsands! This is an estimated amount of loss of possible earnings had the injury never happened MINUS ANY EARNINGS HE IS MAKING! The difference is the compensation owed (plus interest now).
Not exempting him from the max compensable and the 85% at the time of Aug 5, 2019 (Section 19(4) of the old act and Section 20(4) of the new act and EL-01 exceptional circumstances) proves he is still owed for that mistake of the commission due to the unfair results not exempting him caused!
Not compensating him and reassessing his estimated loss of earning capacity when his change of allowable hours to work daily were permanently reduced on Sept 27, 2022 and that eliminated his ability to EVER apply anywhere using his power engineering certification and experience! Power engineers work 12 hours a day in majority of the jobs available. PLUS it eliminates a second job and/or OVERTIME FOR LIFE! ALL part of the reason this "estimated loss of earnings" amount is in the WHSC Act! This AMOUNT is THEN compensated based on subtracting ACTUAL earnings IF ANY! AND assessing the risk of not compensating the FULL ANOUNT IF IT HAPPENS TO BE ABOVE THE MAXIMUM COMPENSABLE! We have 3 children and myself with special health needs that are ALL out of pocket and NOT COVERED BY ANY PROVINCIAL PROGRAM AS THEY ARE DIET AND SUPPLEMENT RELATED!
The decision they are "waiting" on this report to decide has NEVER included the chiropractor report submitted around April of 2023 and the orignal decision was made on June 5, 2023 if memory serves correctly! That report PROVES with GREAT WEIGHT that the left ankle issues are directly linked to right knee injury! The decision maker who made this decision also said NO SIGNS OF AN ALTERED GAIT WERE FOUND! IF MEMORY OF NAME SERVES ME CORRECTLY!
His file was "illegally closed" by Colleen Meadus when she "assumed" him returning to his "reg schedule" meant "no loss of earning capacity"! It meant he was returning to medical reduced hours as mentioned above. And had that been CLEARLY STATED then the ACTUAL second recurrence of May 4, 2022 WOULD HAVE BEEN COMPENSATED FOR IMMEDIATELY AS HIS ACTUAL LOSS OF EARNINGS DUE TO THE RETURN OF DISABLING SYMPTOMS WAS KNOWN by the commission! That amount would have been added to the compensation he was already getting until he returned to work again. Then his compensation would be returned to the amount prior to the recurrence!
WE NEED YOUR SUPPORT BY SHARING THIS UPDATE AND IF POSSIBLE: email this post to info@workplacenl.ca stating "We support Justice for Dustin!"
These issues have to be addressed! And without pressure from others they will keep his file permanently collecting dust!
Please help GET HIS COMPENSATION PAID NOW! I do understand that some people do not know how to help using the method requested. So, if the commission receives no emails, it is not a sign of no support! (This last note is for them! Not our supporters!)
Thank you all for signing!