¢ Local 1000 President Joe da Costa (left) and Local 1-2995 President Norm Rivard wear Ontario Federation of Labour
"It's your life - don't leave home without it" dog tags used in labour movement's fight back campaign against Bill 26.

Union decries assault on Workers’ Compensation
Board by Harris government's Bill 26 proposals

he extremist government of

Mike Harris is going off the

deep end with its proposals

to reform the Workers Com-

pensation system in Ontario.
Harris is attempting to radically tip
the balance of the entire system in
favour of employers and gut benefits
to workers.

The proposed Bill 99 will do a num-
ber of things to stack the system
against workers and their representa-
tives. It will cut premiums for employ-
ers. And it will also cut off and/or re-
duce benefits for injured workers,
invade the privacy of individuals, and
hide the true costs of injuries.

One of the major proposed changes
is to do away with the independence
of the Workers’ Compensation Ap-
peals Tribunal, which is the court of
appeals of last resort for judging WCB
decisions in the province.

Under the proposed legislation, the
WCAT will no longer be independent
of the Board. During the appeals
process, the tribunal will not be able
to interpret law, but only decide on
whether or not Board policy has been
properly applied.

Instead of taking an appeal before a
panel of three people, appeals will
likely be heard by one government ap-
pointee and there will only be a 6
month time period to hear them.

When denied WCB benefits in the
past, due to policy, the WCAT could
overrule the policy to grant benefits.
That will no longer be possible.

L.W.A. CANADA Local 1-2995 Presi-
dent Norm Rivard says that the gut-
ting of the WCAT responsibilities will
more than likely result in a rise in ap-
peals to the provincial ombudsman.

He points out to the fact, that dur-
ing the 1980’s there were over 700
WCB appeals applications made each
year to the provincial ombudsman.

“Back then when the appeals tri-
bunal was stacked against in the em-
ployers’ favour, workers had no other
place to turn to,” says Brother Rivard.
“It looks like we're headed back to the
gray days again.”

Rivard also adds that in 1995 the
Harris government passed Bill 15
which got rid of the bi-partite Board

of Governors for the WCB, and re-
placed it with a Board dominated by
employer representatives. Represen-
tatives from working people were ef-
fectively cut from the policy decision-
making process in Ontario.

The Harris government intends to
rename the WCB as the “Workplace
Safety and Insurance Board,” reflect-
ing an entirely different mandate, says
the Ontario Federation of Labour.

In a brief on Bill 99 the OFL states
that “the new name surely identifies
the new mandate of the Board;...to
make workplaces statistically the
safest in the country and to protect
employers with cheap accident insur-
ance.”

Local 1000 President Joe da Costa
points out that employers in Ontario
already have the cheapest WCB pre-
miums in the country. Employers in
the province enjoy WCB premiums
that are lower than two-thirds of other
jurisdictions in North America.

“The Harris government is tipping
the WCB system further to the direc-
tion of employers,” says Brother da
Costa. “It is trying to let the bosses
not pay enough premiums to keep the

current system operating.”

“The WCB has built up over $8 bil-
lion in assets and other properties and
it gave employers a kick-back of $510
million two years ago,” adds da Costa.
“Now Harris plans to rebate even
more money.”

OFL sources reveal, that in 1994 re-
bates paid to employers totalled $359
million, which is more than the $337
million paid to injured workers with
temporary disabilities. Some employ-
ers got 80% of their money back.

The OFL also notes the following:

e In 1994, uncollected employer
bad debts were $173 million.

° the WCB’s administration costs
have dropped 8.3% from 1993 - 1995.

° new claims costs have dropped
from $2.00 per $100 of payroll in 1993
to $1.68 in 1995.

° the Ontario WCB’s unfunded lia-
bility is estimated to be paid up by the
year 2014 without any changes to the
WCB Act.

Direct benefits, under Bill 99 will be
rolled back by 5% to 85% of insurable
earnings.

“That would simply make it harder.
for our members and other working

a BA? sate

wil.

¢ Workers who get injured will have a harder time applying for less benefits.

Pictured about is Local 1-2995 member at Spruce Falls logging division near

Kapuskasing, Ontario.

eople to make ends meet,” says
Brother da Costa. “The Harris govern-
ment wants to take away more bene-
fits from the have-nots and give them
to the haves, which are the employ-
ers.”

Under Bill 99 the Harris govern-
ment wants to invade the privacy of
workers and force them back to work
at the behest of the boss.

The government wants to force
doctors to give employers personal
medical information about injured
workers without the consent of the in-
jured. The employers would then be
charged with putting together compul-
sory return-to-work programs.

If workers and their own physicians
refuse to participate in the bosses’ re-
turn to work programs, the employer
can deem them uncooperative and
have benefits to workers cut.

Brother Rivard says that this part of
Bill 99 is totally unacceptable.

“We don’t want this sort of thing to
happen to I.W.A. members or any oth-
er working person,” he comments.
“Confidential medical information giv-
en to employers could be grossly
abused by employers and such private
information could wind up in the
hands of operational managers. That
would be completely unacceptable.”

Brother da Costa sees unscrupulous
employers using such legislation to
deem workers as uncooperative, espe-
cially in the areas of soft-tissue dam-
age. Musculo-skeletal and other soft
tissue damages currently make up
about 50% of all injuries.

“I am sure that there are employers
out there that are looking at Bill 99 as
a way of getting out of putting togeth-
er ergonomic programs to cut down
on injuries and would rather force
people back to work,” says da Costa.
“That is why it is important for us to
get our I.W.A. return-to-work policy
adopted into practice with employers
out there.”

The proposed legislation would
eliminate or restrict benefits for dis-
abilities related to chronic pain or
chronic stress.

Bill 99 makes it more intimidating
to file a claim for benefits. Under cur-
rent law a worker goes to his/her em-
ployer to fill out a claim form. Under
Bill 99 the worker will have to directly
to his/her boss to get the application
forms or to some designated location
in the community.

One of the most sinister aspects of
the bill is that it picks on the unem-
ployed and the elderly who are receiv-
ing benefits.

It would cut inflation protection for
unemployed people who have been
refused rehab assistance by the
Board. The OFL estimates that this
proposal will reduce benefits by so
much that many of the 30,000 workers
affected will be forced onto social as-
sistance during their retirement years.

The Harris government also propos-
es to cut inflation protection for those
injured after 1990 and collect benefits
until they reach the age of 65. It wants
to cut their pension benefits in half.

“Harris wants to drive the elderly
into poverty,” says Brother Rivard.
“Many of the disabled who are retired
are already living on or below the
poverty line as it is. This would only
drive them even lower.”

The OFL says that currently there
are about 8,000 unemployed workers
that must turn to social assistance be-
cause their WCB benefits are low.

Bill 99 would also eliminate the
WCB's Occupational Disease Panel
which does research on the relation-
ship between health and work. It iden-
tifies work practices and identifies
toxic substances in its research.

By eliminating the classification of
new workplace-related diseases, em-
ployers will not be required to take
preventative measures.

“The Harris government doesn’t
give a damn about workers,” says
Brother da Costa. “As far as they are
concerned, the more they can cover
up and hide injuries and diseases, the
further they will be along with their
mandate.”

6/LUMBERWORKER/APRIL, 1997

ERGATA, MAG ORI,

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