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Court says B.C. human rights panel can hear complaint over WCB pain policy
(CP) – 23 hours ago
VANCOUVER, B.C. — The B.C. Court of Appeal has ruled the province's Human Rights Tribunal has the power to hear complaints that the chronic pain policy of the Workers Compensation Board is discriminatory.
Three people who suffer from chronic pain as a result of work-related injuries had challenged the board's policy that makes chronic pain awards a fixed percentage of total disability awards.
The three said the policy of the board, officially known as WorkSafeBC, deprives them of rights available to the public.
When the board upheld the policy, the complainants took the issue to the Human Rights Tribunal, but the board won a B.C. Supreme Court ruling that said the tribunal had no right to interfere in the issue.
But the appeal court says the tribunal's decision to proceed with the complaints should not have been quashed.
The court says the Human Rights Code gives the tribunal discretion to hold a hearing into a complaint even if another body has already ruled on the matter.
Copyright © 2010 The Canadian Press. All rights reserved.
http://www.google.com/hostednews/canadianpress/article/ALeqM5iGJH8P...
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A Doctor Writes:
"I experienced some feeling of pressure from the WCB in relation to one of my cases. After submitting my report, I received a letter from Dr. Kevin A. Bourke, Medical Adviser, Central North Shore, informing me that he would not process the invoice for my fee unless I edited my report to conform to his desires. Fortunately, unbeknownst to him, I had already received my fee. I, of course, did not edit my report. But I did inform him of the rationale for the recommendations that I had made. I might say that I was somewhat affronted that a WCB staff member would request that an independent professional change her report in order to conform to the board's wishes and in particular, threaten to withhold payment."
Dr. Bourke is currently (as of 2006) Chair and Chief Examiner of the College of Physicians and Surgeons of Nova Scotia's Clinician Assessment for Practice Program (CAPP) Examination Committee, which evaluates international medical graduates for defined licensure in Nova Scotia.
http://www.cpsns.ns.ca/memberInfo/council.html
Poor physical, mental and psychological results from having to deal with the WCB, is the 'achilles heel' of the of the workplace safety insurance board (WSIB), and all other compensation boards across Canada.
Write your respective Minister's of Labour and ask why the provincial government is complicit in allowing further physical, mental, psychological and emotional abuse come to disabled workers.
Always speak your heart.
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