N.Y. Court Rules ‘No Pay, No Protection’ from Suits Under Workers’ Comp Law for Scofflaw Employers

February 24, 2005

  • February 24, 2005 at 10:02 am
    Wayne Coady says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    No I am not a lawyer, if I were I would not give a dam about these vile government sanctioned WCB Boards.

    February 24, 2005

    TREATMENT OF INJURED WORKERS IN CANADA NOT REALLY DIFFERENT FROM THE REPRESSION OF HUMAN RIGHTS BY COMMUNIST CHINA
    The dubious legends surrounding the Canadian Provincial Workers Compensation Boards grow. The plots thickens as we learn why injured workers in Manitoba are forced to live a life of pure, unmitigated hell at the hands of the same government and its agencies that have sworn to protect their rights.
    So, let’s go back to this government that is responsible for, and party to the legislation, which empowers and permits the Workers Compensation Board to exist and, in addition, (knowingly) provides the legislation to the WCB which includes the tools to abuse its clients.
    The government enjoins the same benefits and protections as all other employers who pay into the fund. When a government employee is injured, poisoned or killed in his/her work environment, the employer (in this instance, government) invokes the protection of the legislation authored and made law by the employer/government. Some might find it surprising that those unions employing staff or field workers also come under the protection of this nefarious scheme as well.
    It has always been my position that the Workers Compensation Board should not be unionised. One might ask why I would hold this point of view. The reasoning is obvious when one gives analytical thought to the subject. Simply, the WCB is in a conflict of interest.
    Anecdotally, unions here in Canada have not been too quick, if ever, to champion the fight injured workers have had with the WCB over the years. I find it readily understandable why those injured on the job cannot expect or depend on the unions to which they belonged as healthy workers to advocate on their behalf. Clearly, the unions have become very much a part of the problem, which hinges around money. An injured worker no longer is able to earn a wage and pay union dues. Almost over night, that injured worker loses his/her value to the union and, in the eyes of the union, is expendable.
    Other dynamics (conveniently) come into play, as well, from the legal standpoint.
    Should the union assist an injured worker with their Workers Compensation claim, they too, would be in conflict, – their getting involved might require, possibly, that the union take legal action against the WC Board which employs a fellow union sister or brother.
    If that union member should be found to be involved in some malfeasance against the injured worker/claimant and, thus, denying their claim (based on false or altered information) a bizarre situation arises where the union might be required to “eats own young”, so to speak.

    As a result, the unions have taken the path of least resistance so as not to jeopardise their own position while, in effect and surely, abandoning their former member to the questionable mercies of the WCB. There is in place a silent agreement between all unions and the union who unionises the staff at the WCB, particularly, to avoid getting involved in Workers Compensation cases.
    To quote the late, “Great One”, Jackie Gleason, “How sweet it is!”
    The union, who negotiated the collective agreement for the Workers Compensation Board staff, just happens to be the same union who negotiated the benefit packages for: ALL government elected representatives.
    Therefore, it becomes apparent as to why there is no motivation (other than political) for any of these august gentlemen to bother themselves with ensuring the rights of any injured worker whom might ask for their help. Certainly, when you are responsible for the laws that deprive these hapless workers who are deprived of their rights and benefits, why should anyone in government feel threatened or afraid of any legal repercussions from an injured claimant who is totally at your mercy?
    So, why are their injured workers who have never been compensated for their injuries? Why have families been torn apart when this same WCB that was set up to protect injured workers denied them benefits and exacerbated their situations by making them literally jump through hoops to determine if they qualified for the benefits? These benefits they so desperately needed to keep their homes and put food in the bellies of their kids.
    After years of shouting in the deaf ears of the WCB that they were slowly dying for lack of the benefits they thought they would be entitled to, some injured workers finally gave up the fight and killed themselves.
    No one within the WCB seems to suffer any pangs of conscience when they ruin already shattered lives. Certainly not those, administering the WCB Act or policies. And remember those union representatives who got themselves appointed to the Board, well they get to enjoy all the little perks handed out by the very Board they sit on?
    If a worker has been unable to work for years (and thus pay union dues) they certainly are not as valuable to the union as a member who can be cajoled into returning to work (and paying dues) as the worker who is forever unable to return to any work. That former union brother or sister is now expendable in the eyes of the union, who it would appear, is of no further use and not worthy of its support.
    The role of the WCB is nothing more than that of a legislated mobster, used by government and the employers who own the fund, to do their dirty work and take any abuse being dumped on them (the WCB) while the employers and government continue to look like innocents.
    What the business community and the government who finance the WCB are doing, is not much different than the loan shark does when employing the services offered by an enforcer to collect money owed to the loan shark. Just because it is the hired enforcer administering the abuse, does not lessen the fact that the employer should not be held accountable too.
    The courts have always looked at the guy who pays someone to kill somebody else as just as guilty as the hit man. Similarly, why should business or government be kept off the hook when the WCB is only doing the nasty deeds those bodies set it (WCB) to do?
    What about those who were forced on to welfare and into bankruptcy losing all, homes, credit, families and then years later were reinstated back on the WCB benefit plan because it was found that some caseworker erred. Who should be held accountable for the homes, credit and families that were lost because of this mistake made in Bad Faith?
    That is exactly what the injured worker is up against.
    NO ONE CARES.
    Who helps him to fight collusion where the same people who are charged with administering the laws and rights of the individual, are breaking them with impunity?
    FOOD FOR THOUGHT

    NIGGERS?

    No one would disagree the word; ****** is a vile and insensitive descriptor for anyone who is dark skinned. This word has been in use since slavery was practised in the United States and is the favoured pejorative of racists and the ignorant of society to demean those of the black race. In more recent years, this word has been used to encompass those persons of any race who have been deprived, by virtue of a lack of social class, wealth or power.
    If you are an injured employee here in Canada, the word ****** might well be applied to you. If it were, maybe, just maybe our Human Rights Commissioner and the Federal Government would then be compelled to apply the Charter of Rights to address the abusive situations injured workers are forced to live under in Canada. Situations that have been perpetrated and perpetuated by their own government(s) that would reduce them to the status of niggers to every extent that this word implies.
    WHY?
    Why has this condition been allowed to exist, and persist for thousands of Canadians? This same country that would have everyone believe it is a progressive and caring society, that values human rights while it allows its citizens to endure untold abuse and suffering, at the hands of an unholy triumvirate among business, trade unions and provincial governments and the agencies, they have created to perpetuate the myth they are the protectors of human rights.
    The inaction of our Human Rights Commissioner at both levels of government, provincial and federal, to correct this antiquated, ineffective and, mostly illegal labour law known as the WCB Act, is reprehensible and inexcusable.

    The blatant abuses that do damage to injured employees and their families as a result of this (carefully crafted) bad faith law cannot continue.
    The politician’s old expedient of hiding and, when all else fails, denying truth must come to an end in a full blown, “no holds barred” public inquiry that is televised… just as the Sponsorship Program has been. Only then will the public appreciate how injured workers have been used and abused in a vehicle to launder and misappropriate their tax dollars.
    Governments have been side-stepping the obvious for years, why?
    Is this yet another example of collusion and corruption they don’t want the public to see?
    Our Canadian government, at the national and international level has always represented itself, as a champion of human rights that would differentiate itself from the likes of a country such as China, who still punishes its people with laws and attitudes that applied centuries ago when the Emperor’s word was final and could cost a man his life.
    In Canada, business and its handmaiden, government, calls the shots and has no more compunction than the Chinese Emperor or that country’s present day leaders when it comes to allowing misery and privation to fall on the backbone of this country’s workforce.
    Until the purported leaders at all levels honestly address the plight of injured workers in our country, no one need point fingers of disdain at China or any other country for abusively abandoning anyone’s human rights. We need a public inquiry looking into all Compensation Boards.
    Regards
    Wayne Coady

    21 Ashgrove Ave.
    Dartmouth Nova Scotia
    B2V1Z2
    Canada 902-434-9306

  • February 24, 2005 at 3:25 am
    Wayne Coady says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Would this apply to Government Departments as well? Government receives the protection of the ACT, but makes the claims it does not pay into the fund. So, one would think that the government also be open to legal action.

  • February 24, 2005 at 3:27 am
    Wayne Coady says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    I am of the opinion that the WCB was devised in hell when businesses came to the realization that dealing with employees injured on the job was having a negative effect on their bottom line. Simply dismissing the injured worker, they realized, would only result in negative portrayals of business as being inhuman or, at the very least uncaring, about those workers who were really of no use to them anymore.
    Business is, after all, about making profit and the possibility that it could be held liable for unsafe conditions in the working environment coupled with subsequent law suits with settlements that could reach into the millions if the employee won was not something business wanted to face.
    After a great deal of thought that involved both business and its handmaiden-government, a plan was devised whereby the injured worker could be convinced that they would be “taken care of” in the event they were injured on the job. With vague wordings devised by highly paid lawyers, injured workers were told they would be in a better position if injured because an “independent ” board would be there for them to “objectively” examine their claims and determine what benefits would be fairly applied to their situation.
    The only requirement on the part of the worker was that they not attempt to independently sue their employer and should accept any decisions as final from the “objective” board members who would adjudicate their claims.
    This “independent and objective” organisation, known as the Workers’ Compensation Board. This government Board, is a very sophisticated agency designed in hell, to con injured workers into thinking their rights were being served while at the same time, denying claims from deserving injured workers.
    Government got in the act as well by providing funding from the provincial and federal levels to set up the WCB which would be marketed to working people as a form of insurance and of course governments also receive the protection of the Act.
    Any workers who remained sceptical about signing their rights away were further encouraged by their unions who had represented them since the days in the 30’s when business “used and abused” workers. The union had always stood by the worker in the past so, there were no further questions about the WCB when their union leaders jumped on board to support the WCB concept. If you’re unionised worker, who better to trust than your union, right?
    Union leaders even appointed union members, such as Betty Sutherland from CUPE, Charlene Long NSUN and Jim Neville from the Steelworkers, to sit in the board of the WCB here in Nova Scotia. The union movement through out Canada even went one step further and unionised the staff and caseworkers, here in Nova Scotia the NSGEU local 55 is the bargaining unit.
    So, why are their injured workers who have never been compensated for their injuries? Why have families been torn apart when this same WCB that was set up to protect injured workers denied them benefits and exacerbated their situations by making them literally jump through hoops to determine if they qualified for the benefits? These benefits they so desperately needed to keep their homes and put food in the bellies of their kids.
    After years of shouting in the deaf ears of the WCB that they were slowly dying for lack of the benefits they thought they would be entitled to, some injured workers finally gave up the fight and killed themselves.
    No one within the WCB seems to suffer any pangs of conscience when they ruin already shattered lives. Certainly not those, administering the WCB Act or policies. And remember those union representatives who got themselves appointed to the Board, well they get to enjoy all the little perks handed out by the very Board they sit on?
    If a worker has been unable to work for years (and thus pay union dues) they certainly are not as valuable to the union as a member who can be cajoled into returning to work (and paying dues) as the worker who is forever unable to return to any work. That former union brother or sister is now expendable in the eyes of the union who, it would appear, is of no further use and not worthy of its support.
    The role of the WCB is nothing more than that of a legislated mobster, used by government and the employers who own the fund, to do their dirty work and take any abuse being dumped on them (the WCB) while the employers and government continue to look like innocents.
    What the business community and the government who finance the WCB are doing, is not much different than the loan shark does when employing the services offered by an enforcer to collect money owed to the loan shark. Just because it is the hired enforcer administering the abuse, does not lessen the fact that the employer should not be held accountable too.
    The courts have always looked at the guy who pays someone to kill somebody else as just as guilty as the hit man. Similarly, why should business or government be kept off the hook when the WCB is only doing the nasty deeds those bodies set it (WCB) to do?
    The sad and most detrimental part of this whole process, from the injured worker’s standpoint, is that union representatives sit on the Board of Directors of this government agency (Workers’ Compensation Board of Nova Scotia) and oversees the abuse being administered, unionised staff of the Board.
    None of this should come as an earth shattering revelation to NSGEU President Joan Jessome, or Nova Scotia Federation of Labour President Rick Clarke and the labour movement they represents or the business community that is supported by the government in this instance.
    Even the legal community is aware of the disgraceful acts perpetrated by the WCB upon the hapless injured worker. In fact, there are lawyers who represent the labour movement such as the NSGEU, and the WCB Board, who see this abuse first hand.
    When one examines the Meredith Principal agreement, it mentions two groups,,, the employer and injured worker are the signing partners. Nowhere does it state, the healthy and currently employed worker as being involved. Nowhere does it specify any other group should be signing partners.
    It clearly and unequivocally states you must be injured before the agreement comes into effect. It further states you must be a member of the business community or (government employer) who is financing the WCB benefit plan to have a vested interest.
    Injured employees have been and continue to be lied to and have had their rights taken away by people who had no business being involved in the WCB legislation.
    Unions have no right sitting on the WCB Board of Directors, because they a wearing two hats and are clearly involved in administering the abuse. Neither of these fulfill the designation under the Meredith Principal of injured worker or employer / contributor to the WCB coffers or, as some would have us all believe their euphemism, the insurance fund for injured workers.
    The WCB and all that it encompasses have proven to be a duplicitous and hypocritical organization in its dealings with injured claimants.
    Its mandate was to control workers’ rights by coercing them into believing there was a “better way” while, at the same time, maintaining the bottom line for business. Injured workers be damned, the WCB has succeeded beyond its author’s expectations.
    Injured worker groups have even been bought of with the use of the taxpayers dollar by government, who benefits from the WCB protection, these groups have become nothing more than sheep, herded into a box where they are easily managed by the owners of the fund.
    Wayne Coady Dartmouth Nova Scotia Canada B2V 1Z2 (902) 434-9306

  • February 24, 2005 at 5:32 am
    Chuck says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Wayne sounds like a trial attorney!

  • February 24, 2005 at 5:47 am
    chip says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Wayne – Yikes!!! tell us how you really feel.

  • February 25, 2005 at 8:04 am
    Wayne Coady says:
    Like or Dislike:
    Thumb up 0
    Thumb down 0

    Maybe it is time to grow our own international organization and take these vile Compensation Boards before the United Nations Human Rights Commissioner. Here in Canada we have a site called The Community of Injured Workers In Canada and we have linked with some groups down under in New Zealand and Australia, we can be found at http://www.wcbcanada.com .

    I really get a kick out of our Canadian and American “governments” and unions who point at other countries for human rights abuse, while they are doing it to their very own. To think we are suppose to be a modern humanitarian society, and to hear our wonderful Christian believers preach about how they care about their fellow man. Yes! these are the very same people who after a Sunday prayer meeting, report for work on a Monday morning at these vile WCB Boards, where they spend the rest of the week attacking the families of injured employees, insuring that they live a life of hell. So much for the plight of the working man and woman, whose only sin was to report for work and become injured.



Add a Comment

Your email address will not be published. Required fields are marked *

*