What is wrong with the letter we received today?
- 1. The letter states "reviewing medical information on your file" - the letter proves they count sessions only and deny based on the number of sessions NOT what the "weight of evidence" proves!
- "improve functional capacity" - the injury IS a "permanent functional impairment". chiropractor and physio are needed to ensure the integrity of the knee stays intact and no further damage occurs as a result of the altered gait caused by the injury. These are NECESSARY medical aids proven to work based on the weight of evidence from when they denied both already and forced Dustin into further damage to his left side and a full recurrence (May 2023)! Evidence they have on file and did NOT REVIEW IN THIS DECISION! The letter CLEARLY states "based on the NUMBER of sessions attended"! That is NOT weighing the medical! Who pays attention to "number of sessions" and lists it as a reason to deny? The medical is the ONLY information that is needed to make a decision! How many sessions is proving including cost into a decision that should NEVER include cost in the weight of evidence! This Workplace Health and Safety Commission should be ashamed of their lack of ability to focus on the facts as per section 20(4) and weight of evidence! Sessions attended are just administrative financial information and should NEVER BE USED IN "FACTS AND WEIGHT OF EVIDENCE"! Where is the professional guidance needed to teach these employees the difference between what information is used in "weighing evidence" for the injured worker and what information just goes directly to the financial office and does NOT BELONG IN THE INJURED WORKERS FILE IN ANY CAPACITY?
I am just shaking my head at the level of ridiculous information the commission continues to use to deny injured workers their medical aid AND financial loss of earning compensation!
To quickly state a fact:
They use financial cost to deny medical aid. This belongs to the financial department ONLY! Not in the injured workers file!
They use hours ONLY to deny financial compensation! 40 hours. Regular hours. Instead of using loss of earnings calculations and how much the use of max compensable and the 85% of loss of earnings will cause unfair or unintended results.
The commission has not used loss of earning capacity correctly. The commission is suppose to use this on a regular basis to adjudicate how much the medical facts of the injury is impacting the earning capacity of the injured worker. Dustin has medical that proves he is permanently not of the capacity to work in unstable working conditions (on a ship or in muddy environments). This medical was available after his MRI from his Aug 5, 2019 recurrence. The commission ignored this and continued to focus on getting him back to work in both of those areas! Putting him at further risk of recurrences! He was further restricted to hours per day/week on Sept 27, 2023. This cost him his power engineering career. The commission has not given him the estimated loss of earning capacity based on this medical fact! The commission then has to use this estimated loss of earning capacity and subtract his actual weekly earnings from that amount and pay that compensation until retirement! They again need to include facts about how using the max compensable and the 85% will cause unfair or unintended results based on family size, ages, circumstances, etc. This is a conversation the commission has NEVER HAD! Yet legally are suppose to have with EVERY INJURED WORKER!
Injured Workers NEED support! The above issues have to stop and the commission has to learn how to run the commission factually, legally, professionally! They have to learn how to actually use information and where/when it does or does not belong!
Please share this information and gather more support to help get these changes now!
We thank you ALL for your support! And ALL GLORY to our ALMIGHTY HEAVENLY FATHER FOR PROTECTING AND EXPOSING THIS INFORMATION FOR US TO SHARE AND PROTECT INJURED WORKERS FROM THIS DAY FORWARD!
AMEN!