No. 15 Newspaper of the Ontario Injured Workers Labour Day 2019

Using Our Voices We Affirm People’s Review Workers’ Comp Is a Right! of Workers’ Compensation Reverse the Cuts to Legal Aid! Peter Page Christine Nugent, ONIWG Political Action Committee

The Ontario Network of Injured Workers’ Groups (ONIWG) is con- sidering conducting a People’s Re- view of the Workers’ Compensation System. Injured workers have been Rally in Barrie, July 11, 2019, outside the constituency office of newly appointed Attorney General Doug Downey, demands cuts to legal aid recipients of many reviews of their funding be reversed. compensation system and always to This 2019 Labour Day issue of Justice specialty clinics that serve injured work- sorts of methods and policies. their detriment, with the emphasis for Injured Workers is dedicated to the ers and their families. These clinics have This has caused a tsunami of appeals always being about the sustainability members of the Ontario Network of In- had their funding cut by 30 per cent and which are taking years to be resolved, of the system long term. The recently jured Workers’ Groups (ONIWG), their legal workers will lose their jobs. while the workers waiting for their ap- announced Ontario government re- allies, and the many workers injured and The McGuinty and Wynne govern- peals to be heard live in poverty. view of the Workplace Safety and made ill on the job and their families, ments, along with the head of the WSIB, The cuts to legal aid clinics in Ontario Insurance Board is no different and and the families who have faced work- Elizabeth Witmer, spent years destroying mean less access to justice, with even lacks the voice of injured workers. related deaths. the compensation system under the hoax fewer resources to fight the WSIB’s unjust These reviews, used by successive Our allies, the injured worker legal that it was carrying an unfunded liability. denials. These legal aid clinics also rep- governments to implement austerity clinics, have for years supported the fight The WSIB is now fully funded. This was resent low income workers and the cuts against the injured worker community, for the rights of injured workers. They are achieved, not by raising employer pre- have brought them, along with other mar- are a trope. This cover-up of the wreck- now under attack by the Ford government, miums, but on the backs of injured work- ginalized people, into the fight for access ing of our compensation system is in whose cuts to legal aid have targeted the ers, by denying their claims through all Using Our Voices ... /6 the interest of this and previous govern- ments’ “open for business” politics. I emphasize the fact that this sys- Injured Workers Refuse to Be Silenced tem was set up for the health and well-being of workers injured in their respective workplaces in return or Deterred in Fighting for Their Rights for which they gave up their right to sue their employer if injured or made For the 36th year, injured workers gath- Electric workers travelled to the rally ill by that employer. Since its incep- ered on June 1 at Queen’s Park to force- from Peterborough. Participants also tion on April 28, 1913 the workers fully put their demand that their right came from Barrie, Hamilton and other compensation system has undergone to full compensation when injured or areas. many changes. It was initially imple- made ill on the job be guaranteed. On During the last year, the Ford govern- mented to address the inadequacy of this Injured Workers’ Day, injured work- ment cut employer Workplace Safety ers, alongside many other sectors of the and Insurance Board premiums, which People’s Review... /6 society in Ontario, face an increasingly will take badly needed funds out of the brutal anti-social offensive under the system. It also terminated the guaran- current government. teed basic income pilot project and cut A spirit of determination was palpable escalating cuts by the Ford government. the funding to government bodies that In This at the rally, which this year in particular The speakers presented their experiences deal with injury and illness prevention. brought forward the voices and experi- as injured workers within the perspective A piece of legislation which would ac- Issue ences of the injured workers, presenting of how to organize to change the diffi- credit certain companies to do their own Greetings from New ONIWG President 2 both the successes in their organizing cult situation faced by so many workers. health and safety inspections, that was A large contingent of retired General and the serious difficulties they face with Injured Workers’ Not Silenced ... /7 Stop Cuts to Legal Aid! 3 Injured Workers – A Year in Action 7-9 Join Us in Toronto on September 2 at 9:00 am End Deeming! 13-15 Labour Day Parade Cover Me WSIB! Campaign 16 Meet outside 375 University Ave across from Ministry of Labour for parade. Labour Day 2019 / Justice for Injured Workers / 1 Greetings from the Incoming ONIWG President Your Voice Is Important! Together We Are Strong President - Janet Paterson Executive Vice-President – Willy Noiles Janet Paterson, President of the Ontario Network of Treasurer – Bob Larocque Secretary – Jo-Anne Petican-Hearns Injured Workers’ Groups Northwestern Regional VP – Chris Lawson My name is Janet Paterson ONIWG’s growth. Do you Northeastern Regional VP – Margery Wardle they only happen roughly every Central Regional VP – Kim Prince and I am honoured to serve as three years and the time available know who your regional Vice Toronto Regional VP – Sharon Folkes-Hall the President of the Ontario is short. Some issues were iden- President is? Ask us if you have Peel Regional VP – Catherine Fenech Network of Injured Workers’ tified at this past AGM and we any questions, concerns or sug- Southwestern Regional VP– Willy Noiles Groups for the next three years. are working on solutions. One gestions about how we can help Head Office I have been a member of the of ONIWG’s challenges will be you as an injured worker or an 127 Ravenwood Avenue Thunder Bay & District Injured met by our fundraising commit- injured worker group. We look Thunder Bay ON P7B4H7 [email protected] Workers Support Group for 20 tee, which is currently looking forward to a stronger ONIWG! injuredworkersonline.org years and serve as President for members. We have identified The strategizing campaign there as well. some critical needs for funding that we held in 2017 helped us Northwestern Thunder Bay & District Injured It is truly amazing to consid- within ONIWG, such as regular choose, out of a seemingly end- Workers’ Support Group er everything that has been done AGMs and providing funds for less list, the top three issues [email protected] during the past term! I want our regional VPs to support them that most negatively impacted thunderbayinjuredworkers.com to thank members of both the all our allies for the support, with their outreach to injured injured workers. These became Northeastern past executive and the ONIWG endless guidance and assistance workers’ groups in their regions. the demands of the Workers’ Ottawa & District Injured board members for all the work that they have brought to the in- If you have some ideas that we Comp Is a Right! campaign. Workers’ Group [email protected]/ www.odiwg.com they did in advancing ONIWG jured workers’ movement. You might be able to use and would They were the elimination of and fighting the fight for all in- are all stars! like to get involved, please send pre-existing conditions as a Central Barrie & District jured workers! The Justice for Our Annual General Meeting an email to oniwgexec@gmail. basis for rejecting claims, lis- Injured Workers’ Group Injured Workers group, the Jus- was held on June 19 and it was com and we will definitely get tening to the injured worker’s [email protected] tice for Injured Workers news- great to see old friends and to back to you. treating health care professional Manitoulin & Northshore letter, the social committee, meet some new members from Transparency within the and stopping deeming. Injured Workers Group the bike tours and the research our outreaches. It is always board and strengthening the Drastic financial cuts im- [email protected] groups are all dedicated to mak- a challenge to bring everyone relationship between the board posed by the Ford government Grey-Bruce Injured ing change. I also want to thank together for the AGM because and our groups is vital for President’s Greetings ... /14 Workers Group [email protected] Sudbury Workers Education & Advocacy Centre (SWEAC)/ Centre d’éducation et Introducing Other Members of the New ONIWG Executive . . . d’appui des travailleurs de Sudbury (CEATS) [email protected] Willie Noiles, Executive Vice-President GTA Following on my training as a there should be little problem same vision of where to take Toronto Cub, that we were to leave things there. ONIWG. I just didn’t think I Bright Lights Injured Workers’ Group Chinese Injured Workers’ Group better than we found them, I Although admittedly I had would be serving as her Execu- Women of Inspiration made sure to leave ONIWG bet- sought to lead the next phase of tive Vice-President. c/o IWC: 416-461-2411 ter than when I was elected to what I had started shortly after In the seconds that passed Injured Workers Action for Justice lead the organization in Novem- my election, delegates on the after the results were an- c/o IAVGO: 416-924-6477 ber three years ago. So, for our first day of our recent ONIWG nounced, I was comfortable Peel Injured Workers new President, Janet Paterson, AGM/OFL Conference had with stepping aside but a [email protected] I left a campaign – Workers’ other ideas. While I appreci- couple of our predecessors as Comp Is a Right! – that can con- ated hearing from a couple of President had other ideas and Southwestern Hamilton & District tinue until our Demands are met, delegates on the Friday mor- pushed me to run for Regional Injured Workers’ Group as well as several fledgling new ning how they would’ve voted VP for Southwest Region. I [email protected] groups. These groups are going for me if the election had been not upset by the results. I can’t thank my region for acclaiming London & District Injured to require more sustenance to held another time, and I ap- be because I would’ve voted me. And I thank our new Board Workers’ Support Group grow, but if the current Execu- preciate the thoughts, the deci- for Janet if I wasn’t running for acclaiming me as Executive [email protected] tive body plays the right cards, sion had been made and I was against her as she shares the Willie Noiles ... /10 Niagara Injured Workers’ Centre [email protected] Injured Workers of Wellington & Jo-Anne Petican-Hearns, Bob Larocque, Treasurer Dufferin Counties [email protected] Recording Secretary As an injured worker, I joined I am an injured worker. the Thunder Bay & District In- Injured Worker Support Group – Windsor [email protected] This is as a result of four jured Workers’ Support Group repetitive strain injuries, both (TBDIWSG) back in 2003. Windsor Injured Workers [email protected] wrists and elbows. I was diag- While I could not contribute nosed May 19, 2008. financially to the group, I was Chatham Injured Workers’ Group I was angry, not just at what [email protected] able to volunteer in their office, had happened to me, but at the gaining much knowledge. With Allies whole system, a system de- Allied Forces - Occupational Disease the help of Moses Sheppard (a (McIntyre Powder Project, GE and Rubber Workers) signed based on an agreement retired USW staff rep), I finally Janice Martell: [email protected] to give up the right to sue em- got his trust to represent other Victims of Chemical Valley for ployers in exchange for fair injured workers. My first claim Asbestos and Occupational Disease compensation. was a Noise Induced Hearing thought were gone forever due [email protected] Jo-Anne Petican-Hearns ... /10 Loss. Then I got more into this to my workplace accident, hu- Associated Member Groups representation and through the miliation, and discrimination. Injured Workers Community TBDIWSG I had all the resour- I was proud to be able to Legal Clinic (IWC) Justice for Injured Workers ces that I needed to be success- help other injured workers, and 815 Danforth Ave., Suite 411 Toronto, ON M4J 1L2 Labour Day Issue 2019 • No. 15 ful at it, and it made me feel I must add that all our services 416-461-2411 Ontario Network of Injured Workers’ Groups extremely needed, wanted, and were at no charge, even when Industrial Accident Victims’ so on. These are feelings that I Bob Larocque ... /10 Group of Ontario (IAVGO) 127 Ravenwood Avenue, Thunder Bay, 55 University Ave, 15th Floor ON P7B 4H7 T o order copies of Toronto, ON M5J 2H7 416 924-6477 or 1-877-230-6311 www.injuredworkersonline.org Justice for Injured Workers contact Peter Page, at [email protected] Workers Health and Layout & Design: Voice of Steel Productions Safety Legal Clinic Your support towards the costs of producing Justice for Injured Workers is appreciated. 180 Dundas Street E Suite 2000 The views and opinions expressed in this newspaper do not necessarily Please send cheques/donations to: 416-971-8832 or 1-877-832-6090 represent the views of the Ontario Network of Injured Workers’ Groups. Bob Larocque, ONIWG Treasurer, 432 Redwood Avenue West, Thunder Bay ON P7C1Z8

2 / Justice for Injured Workers / Labour Day 2019 Stop the Cuts to Legal Aid! Actions Demand the Ford Government Reverse Its Cuts to Legal Aid In its first budget, on April 11, the Ford government cut Legal Aid On- tario’s funding by 35 per cent. The cut amounts to $133 million in the coming year and increases to $164 million per year as of 2021. The cuts are being im- plemented immediately despite the 2019 legal budgets having already been set. On March 13, shortly before the budget cuts were announced, the Ford government appointed Ontario’s former attorney general under the Mike Harris Progressive Conservative government, Charles Harnick, as chair of Legal Aid Ontario’s board, positioning him to over- see how the agency would implement these funding cuts. Specialized clinics, such as those ad- In Action for the Rights of All According to Legal Aid Ontario law- vocating for injured workers, and others Faced with the large-scale cuts to reprinted below. yer Dana Fisher, who also serves as a that have focused less on client services legal aid, those that represent low income Later that week, on July 11, a teach- spokesperson of the Society of United and more on systemic work, will see al- workers, injured workers, and other vul- in was held at Attorney General Doug Professionals (IFPTE) Local 160, these most $2.26 million in budget cuts. The nerable sections of society have joined Downey’s constituency office in Barrie, cuts will destroy the lives of some of cuts are intended to reduce government those who use the services provided by organized by the legal aid clinics, their Ontario’s most vulnerable people and funding for projects that emphasize the funding in actions demanding the allies, the Ontario Federation of Labour’s add new costs and delays to the already community organizing and development cuts be rescinded. Power of Many, local labour unions, overburdened court system. “Legal aid and law reform. The cuts will result in At its Annual General Meeting in June, York Region and Toronto Labour Coun- services were chronically underfunded the loss of jobs for legal personnel at the Ontario Network of Injured Workers’ cil, Barrie Labour Council, Barrie Dis- to begin with,” she stated. “These un- these clinics and make it more difficult Groups (ONIWG) added to its Workers’ trict Injured Workers’ Group and ONI- precedented cuts will decimate legal for them to carry advocacy work, with Comp Is a Right! organizing campaign WG groups from Grey Bruce, Toronto, assistance for Ontario’s most vulner- devastating results for those who depend the demand that the cuts to legal aid be Niagara, Peel, and Wellington and Duf- able, including people fleeing abusive on their services. reversed in recognition of the importance ferin Counties. Local federal candidates relationships, those facing unfair evic- The 14 Toronto area clinics have been of the advocacy worker done by the legal and a Barrie counsellor attended to sup- tions, refugees, and people with mental specifically targeted. Among them, Park- aid clinics on behalf of injured workers. port the action. illness.” The provincial government has dale Community Legal Services, one of At a Danforth community meet- On July 30, a province-wide day of indicated that it will no longer fund any the oldest legal clinics in the province, ing, July 8, hosted by NDP MPP Peter action to Reverse the Cuts to Legal Aid refugee and immigration legal services. has had its budget cut by 45 per cent. Tabuns, participants – many of them saw some 40 separate events take place, injured workers and activists – wrote as opposition to the Ford government’s and signed a letter about the effects of cuts continues to grow. the cuts to legal aid and demanding they (Law Times, Society of United Professionals Open Letter to Attorney General be rescinded. The text of the letter is News Release, Global News) Doug Downey Immigrant Women Step Up Fight for Workers’ Rights

July 19, 2019 Dear Mr. Downey, On July 8, we had a community meeting. The following concerns were strongly expressed. - Natalie, an injured worker, worried about re-injury and being pushed back to work if legal support disappears. - Sharon spoke on the government’s responsibility to help vulnerable, injured Immigrant working women living On January 26, SAWRO hosted a people, “Help us fix the system.” in Toronto’s East Danforth area and train-the-trainer workshop presenta- - Alecia spoke about the “last resort” support offered by Injured Workers their organizations have been stepping tion by outreach workers from the In- Community Legal Clinic (IWC). She spoke to the isolation and humility she felt up their participation in the justice for jured Workers Community Legal Clinic before she found support. The education about workers’ rights was key. injured workers’ movement in recent (IWC). Nineteen community activists - “Every worker is a friend or family member of others who vote. Ford is at- months. They have been organizing were trained in how to support injured tacking his base.” events in their own community and join- workers seeking compensation and re- - Peter spoke of the emotional and economic costs after injury. Injured Work- ing in province-wide injured worker habilitation. This was followed on Feb- ers Community Clinic (IWC) through its outreach and legal supports, changed actions. ruary 9 by a public forum on injured him into an advocate. Since the beginning of the year, the workers’ rights co-hosted by SAWRO - Erin described how the system works together like an organism but to sever South Asian Women’s Rights Organiza- and IWC. The forum was attended by a part of it is to hurt it all. She says this as someone outside the clinic. tion (SAWRO) and Unifor East Danforth 100 women, most of whom work for - Blaise, an injured worker, described a recent and immediate emotional low, Community Chapter (EDCC) have or- temp agencies or at other precarious buoyed by seeing Injured Workers Community Legal Clinic working heroically ganized a series of forums and training jobs. The unsafe and unhealthy condi- for injured workers. workshops on workplace rights which tions faced by temp workers and the lack - A constituent of Doug Downey’s riding, Barrie–Springwater–Oro-Medonte, were well attended by the community’s of compensation for injured workers was said the 40 workers she knows there rely on the injured worker speciality clinics, working women. These events have all the focus of the forum. Open Letter ... / 6 featured presentations by injured worker Most recently, these women have advocates. Women Step Up Fight ... / 14 Labour Day 2019 / Justice for Injured Workers / 3 Workers’ Comp Is a Right! Campaign Campaign Recap: A Year of Growth and Perseverance Ontario Network of Injured Workers’ Groups 2018 was our first full year of the Work- ers’ Comp is a Right! campaign. While it can sometimes be hard to recognize our accom- plishments when we’re in the thick of the daily struggle, when we do take a step back it’s amazing how far we’ve come. Injured workers and allies across the province have done an incredible amount of work to give these issues a bigger public and political pro- file than they’ve had in years. Here are a few highlights from 2018 and developments that have followed in 2019 ... Injured Workers’ Day 2018 MPP Meetings New Injured Workers’ Groups New groups of injured workers were formed in Chatham, Guelph, Owen Sound, and Sudbury in 2018 – a major growth for the movement, and a sign of increased resistance. Election Campaign Presence

We had about 70 face-to-face MPP meetings across the province, including 30 meetings just last fall alone. Big contributors to these numbers were our province-wide MPP lobby blitz in April, where we had 25 meetings led by injured workers and allies, and our two Queen’s Park lobby days in October, where we knocked on the doors of 70 MPPs – every MPP who has an office at Queen’s Park. ONIWG candidates meeting, June 1, 2018 Injured Workers’ Day action, just days before the provincial election. Campaign Petitions The NDP platform included a section on injured worker issues. This is the first We’ve now collected over 5,000 petition signatures across Ontario. The petition is time in almost 30 years that any political party has included an explicit injured work- our main outreach tool. We ask people to take a small action by signing it, and then er section, and it would not have happened if we hadn’t organized to make it happen. take it to every MPP we meet to show how much support we have. We had a presence at many of Kathleen Wynne’s campaign stops across Ontario, The petition has been read out in the Legislature some 70 times, including 29 to the point where she expected injured workers to be there and had to prepare to give times just in the fall session. It was one of the most-read petitions at Queen’s Park, responses to their questions. up there with very high-profile issues like the minimum wage, the sex ed curriculum, We attended many all-candidates’ debates during the election period, and made and the cuts to social assistance. sure to ask questions about the key issues. We sent key questions to all of the political parties, and produced an election kit Actions and Events based on their responses (or lack thereof). Summary By every single measure, the Workers’ Comp Is a Right! campaign grew signifi- cantly over the past year, and the injured worker movement as a whole grew as well. This happened thanks to all of you doing an incredible amount of organizing in your communities. We’re in for a struggle over the next few years with the Ford regime, but we’re in the best position we can be, in terms of growing strength and capacity in our move- ment. Onwards! Picket outside WSIB annual general meeting in Toronto, September 26, 2018. The year since the election of the Ford government in June 2018 has seen: We held actions at the Liberal Party annual general meeting in February and at • WSIB premiums cut by 30 per cent, giving billions of dollars back to wealthy the Workplace Safety and Insurance Board (WSIB) annual general meeting in Sep- employers while injured workers’ continue to face benefit cuts. tember. At the WSIB annual general meeting, they and the government jointly an- • The government’s launch of a secretive review of WSIB and refusal to rule out nounced a 30 per cent reduction in employer premiums, so we went straight over to privatization – which would further put injured workers at risk. the Ministry of Labour to have a presence there as well. • Cuts to the budget of Legal Aid Ontario of 36 per cent. Legal Aid provides many Between these two events on June 1 we had a loud and energetic Injured Workers’ important services to injured workers, seniors, tenants facing eviction, people on Day rally and march, as well as an election debate afterwards. social assistance, and more. We also had nine actions during our province-wide week of action in Decem- End PHANTOM JOBS ber. The Barrie, Hamilton, London, St. Catharines, Sudbury, Thunder Bay, Toronto, Listen to INJURED WORKERS’ DOCTORS Windsor, and Woodstock injured workers’ groups all organized events. No cuts based on PRE-EXISTING CONDITIONS

Workers’ Comp Is a Right! week of actions December 10-14, 2018. From top left to bottom right, actions in Sudbury (2), Toronto, Barrie, Hamilton, London and Windsor. 4 / Justice for Injured Workers / Labour Day 2019 Workers’ Comp Is a Right! Campaign Workers’ Compensation Conference 2019 – A Big Success! Christine Nugent

The Workers’ Compensation of unions and the delegates of film’s producer Natasha Luck- The panel discussion on Steelworkers’ Kitchener Rub- Conference, held jointly by the ONIWG member groups. hardt, Program Development lessons learned in the fight of ber Workers Cluster. Ontario Federation of Labour It began with opening re- Officer at theWorker Health occupational disease brought Participants broke into three (OFL) and Ontario Network marks by Chris Buckley, OFL and Safety Centre (WHSC) four activists of the injured workshops delivered by OFL of Injured Workers’ Groups President and Willy Noiles, and Sandra Condon, an activist workers’ “Allied Forces” to the Prevention Link instructors: (ONIWG) took place in To- ONIWG President. with the GE Widows. podium: Natasha Luckhardt, Workplace Mental Health In- ronto, June 20-21 at the Inter- There was a special pre- The show has aired on CBC WHSC; Bob DiMatteo, Peter- jury Claims, Mental Health national Brotherhood of Elec- view of the documentary on and is available for viewing on borough GE Workers; Janice 101 and Accommodation Law. trical Workers (IBEW) Hall. It the Peterborough GE Work- CBC Docs POV, on the CBC Martel, McIntyre Powder Pro- The participants earned cer- was well attended by a variety ers, Town of Widows, with the Docs YouTube channel. ject; and Sylvia Boyce, United tificates for these workshops. WSIB Review ONIWG Annual General Meeting On May 23, 2019, the Gov- at the conference. ONIWG has ernment of Ontario announced sent a strongly-worded letter ONIWG held its annual the appointment of two special to demand that no review take general meeting June 19. An advisors to lead a review of place without the main stake- election brought forth a new WSIB.The review is to focus on holders – injured workers, their executive, established regional “the sustainability of the WSIB families and their organizations Vice-Presidents and revitalized fund, effectiveness of WSIB – as key decision makers in this committees as the organization governance, and the cost-effi- review, otherwise it is a fraud. heads into the continuation of ciency of operations.” The OFL This led to a proposal to have a their work and advocacy for Health and Safety Committee People’s Review of the WSIB justice. led a discussion on this review (see article by Peter Page on p. 1). The meeting approved a submission to the 22nd Ses- Work-Related Deaths in Canada sion of the UN Committee on the Rights of Persons with Dis- abilities, to be held August 26 speciality legal aid clinics who is undermined by the cuts. This to September 20, 2019 in Gen- represent injured workers was is unacceptable! eva, Switzerland. The submis- the focus of the session. The The meeting reaffirmed the sion is entitled: “Deeming laws 30 per cent cut to these clinics three demands of the Workers’ and practices as violations of will mean that legal workers, Comp Is a Right! campaign: the rights of people with work- those dear to ONIWG, will lose • Listen to injured worker health acquired disabilities in Canada.” their jobs, and representation care professionals The Social Committee, led for workers injured or made • Stop denial of claims based on by Beryl Brown, presented their ill on the job will decline. The pre-conditions, and Steve Brittle, associate pro- in Canada is at least ten to thir- new initiative – an emergency important community work that fessor of Criminology at the teen times higher than the ap- fund for injured workers with the legal aid clinics do, of legal • End the practice of deeming. University of Ottawa presented proximately 900 to 1,000 an- the future plan to start a Founda- education on access to justice And now we add: to the conference research he nual average fatalities reported tion that will focus on the needs and advocacy for worker rights • Reverse cuts to legal aid. and others have carried out on by the [Canadian Association of of workers injured and made Work-Related Deaths in Can- Workers’ Compensation Boards ill on the job and their fam- ada, the Untold Story. of Canada]. This makes work- ilies. Poetry and readings from The conclusion to their re- related fatalities one of the Peter Page’s book, which is in search states: leading causes of death in this progress, titled Day of Mourn- The Breaking of Bread “Relying on a range of data country.” ing Haunting, gave all a peek Peter Page sources, and adopting a broad A discussion was held on at what may be a fund-raising definition of what constitutes a what to do about this. This is a opportunity for this exciting We never know who sits across and breaks their bread with us work-related fatality, we gener- federal issue and must become Social Committee project. ated a revised estimate of the a focus in the upcoming federal A lively discussion on the For we sometimes think how unfair it is that we are treated so unjust number of annual work-related election. NO worker should die Constitution and proposed con- And those that struggled for what is right asked nothing in return fatalities. Based on our analy- as a result of going to work. stitutional changes, identified sis, we estimate that the number ALL workers must return home the need for more communica- Wanting only justice and the freedom for which they yearned of annual work-related fatalities safely after a day’s work! tions on this topic in between And those that fought against them would take away their wealth annual general meetings, to That wealth was having free voice in the face of evilness focus on governance and cap- acity building, and better com- And so you see my friends in life, when strangers you do meet munications overall. Don’t judge them for we do not know their conquest or defeats In the afternoon of June 21, the Workers Comp is a Right And even though they sit across and break their bread with us Campaign! strategized on future Don’t think about how unfair it is that you are treated so unjust actions, summarized the success of the work to date and linked Just remember those who came before for now they are but dust this work with the Reverse the And cherish those who sit across and break their bread with us Group photo outside the IBEW Hall – Stop the Attacks Cuts to Legal Aid campaign. on Injured Workers The government targeting of the Labour Day 2019 / Justice for Injured Workers / 5 Statement of Ontario Nurses’ Association Open Letter /3 on Injured Workers’ Day

like Injured Worker Community Legal Clinic (IWC). These On June 1, we join with are not “just” low wage workers, so it can be a shock. Many labour and social justice organ- unsafe workplaces can be found in his riding. Injured workers izations from across Ontario are waiting for income supports while denied unjustly com- to recognize Injured Workers’ pensation from the Board, often over a year or two. This is a Day and stand up for those who denial of the right to a livelihood. Savings and houses are lost. have been injured or made ill - Siba spoke about finding a community of peers, even as as a result of their work. he awaited surgery for nerve damage and as WSIB denied. First Ontario Injured Workers’ Day, Queen’s Park, June 1, 1983. Over 3,000 injured work- Health is vital! IWC was able to provide support. ers gathered at Queen’s Park annual rallies – on the day time, our workers’ compensa- - Dave, another injured worker, talked about the four years on June 1, 1983 forcing a gov- known as Injured Workers’ tion system is in crisis as cuts he has awaited a decision on his case. Clinic programming ernment committee working Day – to continually advocate to benefits and changes to such as Bright Lights and Speakers’ School gave workers the on major changes to Ontario’s for the worker’s protection. policies make it more difficult ability to speak, to seek representation, to find community and workers’ compensation system Health-care workers have for injured workers to get fair support. Its loss is disastrous and may cost lives. to conduct a public hearing on some of the highest rates of compensation and adequate - Mariam, an injured worker with spinal cord injury, found the steps of the legislature. This injury and illness statistics in protection. she would not be compensated (not covered). As a mother of historic day led to subsequent the workforce. At the same young children, she became angry and depressed. IWC gave her the confidence to go forward, even as a fit mother, and as Using Our Voices /1 provided for charges of crim- disease and their families, an advocate for those not covered. to justice and the fight for the inal negligence to be brought a report on the successes of - Gason described these cuts as an essential matter of jus- rights of all. against corporations and their ONIWG’s organization and tice and how advocacy is a core function of clinics. The destruction of the com- representatives for violation of resistance over the past year, - Anne spoke to how her world turned upside down when pensation system and the cuts to occupational health and safety a call for a People’s Review she was injured and how IWC makes life easier. She cried. legal aid are all part of the neo- code regulations which result of the workers’ compensation - If not for the Injured Workers Community Clinic, atten- liberal agenda of governments in injury or death. However system and more. dees would not be here, speaking so clearly from the heart. that are organizing the economy very few charges have been Justice for Injured Workers These are the most vulnerable being hurt. under the rubric “open for busi- brought and fewer yet have re- provides a space for injured - “We are voters, and we want these cuts reversed”. ness” and that consider work- sulted in any consequences for workers and their allies to have Signed, ers a cost of production. This is the corporations charged. their say and to report on their unacceptable! Governments in support of work to build their organizations The following attendees at the meeting: Workers are the producers, the “open for business” out- and end their marginalization. alongside nature, of all the look, continue to allow unsafe We look forward to hearing wealth in society. There must be workplace conditions and the from you, the reader. Send cor- a system in place to compensate destruction of the compensation respondence or inquire about all those injured or made ill at systems across Canada. We are providing financial support to work and ensure workplaces are committed to carry on the strug- [email protected]. healthy and safe. gle for a new direction for the A recent research study, economy, one that guarantees (Christine Nugent will be Work-Related Deaths in Can- health and safety in the work- running in the upcoming federal ada, which examined official place and just compensation for election. She is committed to the reporting of work-related fatal- those injured or made ill on the rights of workers; that there be ities, found that at least ten to job. This includes ending work- no harm to them in their work- thirteen times as many people related deaths in Canada. places. She is running in the die each year of work-related We provide in this issue of riding of Humber River-Black injury or illness than is reported. Justice for Injured Workers Creek as a candidate of the The governments, prov- greetings from ONIWG’s new Marxist-Leninist Party of Can- incial and federal, have the executive, a look at the fight to ada. This riding has seen four judicial and administrative end deeming and to reverse the workers killed at Fiera Foods power to ensure workers do cuts to legal aid clinics, infor- Company workplaces just since not get maimed and killed on mation on the valiant struggle 1999. These deaths continue de- the job. The Canadian Crim- of the allied forces advocating spite public exposures by main- inal Code, since the Westray for compensation for workers stream media and labour min- bill was passed in 2004, has suffering from occupational istry “inspections.”)

People’s Review /1 The name of the Work- our right to sue our employer. is now a crisis within our society, workers’ rights to compensation ers’ Compensation Board was The employer through this his- all across Canada. in regards to workplace injuries, changed in 1999 to the Work- toric arrangement has been ac- We welcome contributions as the judicial process or courts place Safety and Insurance commodated for the last hun- and support for this necessary always made judgements in fa- Board (WSIB). This shift in dred years. With the help of the and important initiative of having vour of the employer. This left name also represented a move government the system has not our own People’s Review of the the injured worker, whose injury towards the insurance model been adequately funded by em- Workers’ Compensation System. in many cases left him unable to and possible privatization of the ployers, at the expense of injured Please contact: Peter Page at find suitable work, on the mar- system. workers and their families. This [email protected] gins of society. What is compensation? The At some point the courts dictionary defines compensation began to make judgements in the “as practice or arrangement by workers’ favour and this became which a company or government problematic for employers who Compromise” whereby work- agency provides a guarantee did not want law suits brought ers gave up their right to sue in of compensation for specified against them that could cripple or exchange for compensation. I loss, damage, illness, or death ruin their business. The business again emphasize this statement in return for payment of a pre- community wanted some kind of “giving up our right to sue” mium. The workers’ payment of of security and so struck what which was a major concession a premium, as suggested in this is now known as the “Historic given to the employers. definition, was the giving up of 6 / Justice for Injured Workers / Labour Day 2019 Injured Workers’ Day 2019

Injured Workers Not Silenced/1 times in the legislature, keeping the de- workers from Peterborough, Kitchener performances: the songs “Oh What a Jour- shelved due to widespread opposition, mands of the campaign in front of the Rubber Workers and the Victims of ney, Oh What a Load” and “We Will Rise” may also be brought back by the Ford MPPs. In addition, they have succeeded Chemical Valley in Sarnia. They are work- by the Justice Singers, and a skit “We Are government. in getting a private member’s bill before ing together to enforce their demands for the People,” which rejects the Ford gov- In addition, the recently announced the legislature to end deeming – one of compensation, while they keep the specifi- ernment’s sloganeering that it speaks for cuts to legal aid will have serious con- the three main demands of the Workers’ city of their local organizing. Martell said the people, and instead affirms we are the sequences for injured workers who are Comp Is a Right! campaign. Noiles also the name came from the Allied Forces in people and we will speak for ourselves. more and more denied their claims and pointed out that the pace of work has World War II who together were able to A moving spoken word piece closed out forced to appeal. Not only do the legal stepped up as new groups have been or- defeat a formidable enemy. (See Janet the program. clinics help injured workers with their ganized in different regions. Martell’s speech below.) Photos: WF, ONIWG, P. Stacho, Occupy WSIB, claims, one speaker said at the rally, ex- Janice Martell from the McIntyre Pow- The rally included a number of cultural M. Jee, S. Mantle) pressing her anger at the cuts, they teach der Project, which is based in Northern us how to fight for justice. Ontario mining communities, announced Last year’s organizing around the that over the last year work had been done Workers’ Comp Is a Right! campaign to bring together those who are organizing found expression in a number of ways to fight for just compensation where there at the rally. ONIWG President Willie are occupational disease clusters. Out of Noiles focused his remarks on the suc- this came the Allied Forces, which pres- cesses of the campaign, pointing out that ently include the McIntyre Powder Pro- their petition had been tabled numerous ject, General Electric and Ventra Plastics The Power to Deny Speech by Janice Martell on Behalf of the Allied Forces

On June 1, Injured Workers’ Day, work- taken care of by the fair compensation ers, family members and advocates from that we were promised. GE Peterborough, Victims of Chemical Val- Your power to deny us is vast. It over- ley, Kitchener Rubber Workers, McIntyre whelms us. It angers us. It leaves us with- Powder Project and Ventra Plastics gath- out hope, without justice, without health ered at Queen’s Park as “Allied Forces” or the financial means ot fight back. united in the fight for just compensation for Yet here we are, gathered here those made ill by their work. They stood in together in defiance of your power, in solidarity with one another and in defiance defiance of the oppression that we feel. of a broken WSIB system as reflected in the We gather as workers, as family mem- speech given there and reprinted below. bers, as friends, as advocates. We gather for those who are too ill to be here. We I am the daughter of Jim Hobbs – one gather for those who have died without of the 27,500 Ontario miners subjected justice. to mandatory aluminum inhalation We gather as Allied Forces. under the McIntyre Powder aluminum There are more of us than there are prophylaxis experiment. – long after employers have closed other denials. of you. We have suffered more. We have Standing with me are workers, family shop, long after exposure records are You deny us our dignity, the acknow- faced more challenges. We work hard- members, friends and advocates for nowhere to be found, long after med- ledgment that our years of exposure to er. We help each other. We overcome other occupational disease clusters – ical records have been destroyed – multiple toxins is significantly respon- adversity. GE Peterborough, Kitchener Rubber making it next to impossible to docu- sible for our sickness. And we too have the power to deny. Workers, and Victims of Chemical Valley ment exposures, prove diagnoses, hold You deny us our right to know. How We deny you our silence. You will in Sarnia – who bear similar stories of industry accountable, and succeed in a many others? How many others in the hear our voices. toxic workplace exposures and unan- WSIB claim. same workplaces, exposed to the same We deny you the comfort of our ano- swered questions about the health ef- In 1914, the workers of Ontario gave toxins are suffering the same diseases? nymity. You will see our faces. You will fects of those exposures. up our right to sue our employers for You deny us the opinions of our know our stories, our struggles, our Many people gather on Injured workplace injury or illness in exchange physicians and substitute the opinions suffering. Workers’ Day because the Ontario for the right to fair compensation of your hired guns. We deny you our isolation. We will Workplace Safety and Insurance Board should we be injured or made sick by You deny the evidence that we hold find one another. We will gather. We has denied their claims for recognition our jobs. We kept our end of the deal. in our bodies, that we live with, rally will organize. We will stand together. of work-related injuries and illnesses. WSIB has the power to grant our against, and die from – in numbers that We will fight back. This is especially true for occupa- right to fair compensation or to deny defy your decision to deny. We deny you your narrative. We will tional diseases, where symptoms may our right to fair compensation. And You deny us the peace of dying with expose you – and challenge your power not appear for years or even decades with each denial comes a multitude of the knowledge that our families will be to deny. Labour Day 2019 / Justice for Injured Workers / 7 Injured Workers – A Year in Action May 14 Day of Action for Right to Compensation Injured Workers’ Day in Thunder Bay London, and Windsor ONIWG organized a province-wide Injured Worker Day of Action on May 14. Injured workers and their allies took to the streets to tell the province and the WSIB that enough is enough. Workers Compensation Is a Right! Now, more than ever. Actions took place in: Barrie, Brampton, Guelph, Hamilton, London, Niagara, Owen Sound, Peel Region, Thunder Bay, Toronto, Woodstock and Windsor.

Thunder Bay

Thunder Bay

London A tornado warning could not keep Injured Workers’ Day from being marked in Windsor. A number of activists for injured workers gathered at the WSIB offices to demand reforms to WSIB regulations which favour workers. The following day activists for injured workers, representatives of the Windsor Barrie; Peel Region; Guelph and District Labour Council, and activists of the MLPC distributed over 1,000 flyers at Art in the Park in Windsor. The flyers were well received by the public with many people stopping to chat on their way into or out of the park. This was the first time such a mass action had taken place on Injured Workers’ Day and plans are in the works for similar mass distributions in future years.

Toronto

Hamilton; Niagara Windsor

Room in Sarnia Occupational Health Clinic Named in Honour of Kinart Family

Woodstock; Windsor

Women of Inspiration Vigil 2019: Sleepless at Queen’s Park

Sandra Kinart, Community Activist for Victims of Chemical Valley Asbestos and Occupa- tional Disease tweeted: “A Great Honour was bestowed on our Family. The Sarnia Occupa- tional Health Clinic for Ontario Workers dedicated a room in our Family name. Thank You for this recognition OHCOW [Occupational Health Clinics for Ontario Workers]”

8 / Justice for Injured Workers / Labour Day 2019 Injured Workers – A Year in Action Forty Actions on July 30 Demand “Reverse Cuts to Legal Aid”

Parkdale Legal Services Peel Region

Toronto Hamilton

Scarborough Muskokas Chatham Injured Workers Continue to Gain Support for Workers’ Comp Is a Right! Petitions Women of Heart Recognized Injured workers continue to circulate their petition campaign and to organize to At the Ontario Network of Injured have MPPs present it in the legislature on behalf of their constitutents. Below are Workers’ Groups (ONIWG) annual photos with MPPs Gilles Bisson, MPP for Timmins; Doly Begum, MPP for Scarbor- general meeting, two very special ough Southwest; and Rima Berns-McGown, MPP for Beaches East York. women were recognized. Both have provided support for injured workers, their families, the groups they lead and the organization as a whole. For several years, Beryl Brown has been involved in the injured work- ers movement, lobbying for justice for herself and other injured workers. With passion and integrity, she served as vice president for the Toronto Re- well and finish raising her amilyf while gion of ONIWG. She is also a member fighting for just compensation, Dianne of the Bright Lights and Women of In- Baddeley has been a bright light al- spiration groups and a member of the ways smiling and ready to listen and Social Committee of ONIWG. help group members and members of At the annual general meeting in ONIWG. June this year, Beryl resigned as VP Our members need self-care. It is for the Toronto Region of ONIWG to not uncommon in our organizations focus on her mental and physical well- that some are ready to step up and being as she ages. She was recognized some need to step down. We have to Are you interested in starting an injured by the organization for her great con- keep in mind that the backbone of tribution with an award/certificate and the organization is the injured and ill workers’ group in your community? lots of well wishes. workers advocating day in and day out The Ontario Network of Although struggling both to get for the rights of all. Injured Workers’ Groups Message from Past VPs Beryl Brown and Dianne Baddeley (ONIWG): Beryl wishes to thank everyone who has been and continues to be by her side. • Offers peer support – meet Thank you ONIWG and its allies for all of the support I received during my term as Central VP. A special thanks to Christine Nugent for all her help and support other workers who face the same which was unwavering. challenges that you do I enjoyed my term, especially the outreach that took us north from Elliott Lake to Sudbury while reconnecting with our members from Manitoulin Island. • Provides information on The bike ride raised awareness in the north, and I had an opportunity to speak dealing with the with injured miners about their challenges while witnessing the creation of a much In Unity There Is Strength! compensation system needed support group. It was a busy term that saw the election of a new premier which will create new • Gives you an opportunity to join the fight for justice challenges as he continues to make cuts affecting the most vulnerable in our society. We are growing in numbers, gaining strength and we are not going away. Wishing the ONIWG new executive all the best for the new term. Email: [email protected] Dianne Baddeley past VP Central Ontario

Labour Day 2019 / Justice for Injured Workers / 9 Jo-Anne Petican-Hearns/2 I chaired the AGM planning com- 20th International Repetitive Strain My journey into activism started mittee and we made sure we celebrated Injury Awareness Day when I made a public submission at the ONIWG’s 25th Anniversary. Now we Catherine Fenech WSIB Funding Review (2010-2011), have a government that is making cuts chaired by Professor Harry Arthurs. to the only legal aid clinics that help in- It was at this hearing that I first met jured workers. Local MPPs are telling members and advocates from ONIWG us to go to their office for assistance and was connected with someone from with claims – to the very same gov- Barrie who was trying to keep the in- ernment that is cutting social services jured worker group there open, with and programs that result in individuals small success. and families suffering from oppressive I became Chair of ONIWG’s Polit- poverty. ical Action Committee, and Central Re- I am afraid. gions alternate VP and joined the AGM Change is a long and slow process. It February 28, 2019 was the at Queen’s Park to make committee. These engagements led me seems we get one step forward and the 20th International Repetitive sure that the government to learn all about Injured Workers’ Day powers-that-be push us back two steps. Strain Injury (RSI) Aware- hears us and encouraged us June 1. Denials based on pre-existing condi- ness Day. To mark the day, a not to give up the fight. I began connecting with ONIWG tions, employers denying claims, paper one-day conference was held Graduates of the Injured group members and advocates. doctors, appeals and tribunals taking at the OPSEU Membership Workers Speaker School This was enough to encourage me to 10 to 12 years ... sometimes I wonder if Centre in Toronto. Catherine spoke on “Workers’ Comp organize a visit to Barrie from McMaster “THEY” will ever understand it is a sys- Fenech, founder of RSI Day, Is a Right Not Charity,” University’s Dr. Robert Storey who was tem that is broken. began the day with a review sharing their own struggles playing the role of Sir William Meredith Yet, the Central Region of ONIWG of how she first proposed with the WSIB. They were during the hearings held on the 100th continues to grow. We now have three this day to the Sorehand followed by ONIWG Presi- Anniversary of the Meredith Principles member groups and one very new in- email listserv back in 1998 dent Willy Noiles, who which came out of the 1913 report that jured worker group wanting to learn as a way to address these all spoke on the campaign and founded Ontario’s workers’ compensa- more. too common disabling injur- what ONIWG was doing. tion system. At a recent Grey Bruce Injured Work- ies. She outlined the original Many in the audience were Christine Nugent came, repre- ers meeting a member reminded us all goals and mission of RSI Day that were moved by the injured workers’ stories. senting the injured workers attending that Niagara Falls started with one rain established by its international planning Including injured workers has always her classes at Georgian College. drop. committee and the highlights of its first been an important part of RSI Day. Together we developed a plan and I am determined. 20 years. Occupational Health Clinics for On- found a place for the Barrie and Dis- If the system will not provide fair and The first RSI Day, February 29, 2000, tario Workers (OHCOW) Ergonomist trict Injured Workers’ Group to meet just compensation then I will continue to was launched with a press conference at David Mijatovic demonstrated some of on a monthly basis. demand it. Queen’s Park calling on the government OHCOW online tools found at www.oh- I also had the pleasure as Central Re- More than ever it is important that to introduce an Ergonomics Regulation. cow.on.ca. gion VP to attend Robert Storey’s Sir we stand together growing our member- Sadly, we are still waiting for that. IAVGO Legal Clinic lawyer Maryth Meredith hearings on Manitoulin Island. ship and member groups. Like droplets After reviewing 20 years of RSI Day, Yachnin’s presentation “WSIAT Dis- This was the perfect opportunity to wel- of rain let our outreach support program a panel looked at what lessons could be cussion Papers: Denial By Design” ad- come the Manitoulin Northshore Injured continue encouraging groups all over learned from the fightbacks during the dressed how the Tribunal uses medical Workers’ Group to join ONIWG. It was Ontario. Let there be an outpouring of Mike Harris years with regards to Work- discussion papers to deny claims. Her exciting to be a part of our Central Re- peer support to one another at every pos- ers’ Compensation and Health and Safety. focus was primarily on the controver- gion’s new growth. sible opportunity. Provincial Ergonomist Brian McInnes sial Carpal Tunnel Syndrome discussion Then I became aware of the so-called May the Workers’ Comp Is a Right! spoke about the role of the Ministry of paper from 2000. A key takeaway was “unfunded liability.” Even then I saw the campaign and Stop the Cuts to Legal Aid Labour around RSI prevention. Ques- that you can challenge the medical dis- connections between WSIB having an cascade out across the province until the tions from the audience showed we cussion papers. unfunded liability and privatization. The public is fully educated on the systemic still have some work to do around basic Unifor National Ergonomics Co- KPMG report came out followed by pre- issues of WSIB that result in poverty. Let health and safety training. ordinator for Ford Canada Thayne Smith existing condition policies and I organ- the government know we are not going Catherine Brookman from the Cen- brought two EksoVests – an exoskeletal ized a consultation for all our groups. to disappear but rather we will create tre for Research Expertise for the Pre- vest that provides support for overhead I was annoyed! tidal waves! vention of Musculoskeletal Disorders work – to show us. Ford Canada has (CRE-MSD) walked the group through been working on a trial project with Uni- Bob Larocque/2 received from Moses literally saved my the new online MSD Prevention Guide- for to see if the EksoVests can reduce in- life. I feel I should be able to give back line for Ontario found at www.msdpre- juries. So far those who have used them the decision was beneficial to the in- and I’ve done that, but can no longer vention.com and brought copies of the have been happy. Several attendees had jured worker. FREE! It’s not often you help because the LSUC got involved accompanying new Quick Start Guide. the opportunity to try them out. hear this and really mean it, but we did in this, claiming that there were com- Wayne Gates, MPP for Niagara Falls, The 20th RSI Day Conference in not charge at all. plaints about uneducated representa- rallied the audience with a passionate Toronto was a great success with lots of The Law Society of Upper Canada tives simply taking a retainer and drop- speech on why we need to continue to information. We look forward to many (LSUC) (now the Law Society of On- ping the file. This is not us. We did not fight back. He told us that we should be more. tario) passed Bylaw 4, after the pas- charge. I feel that as an Ontarian, a Can- sage of Bill 14, that restricted anyone adian, I should have the right to help Willie Noiles/2 I am already back to doing much that I without a paralegal licence from repre- those in need. Why should the LSUC Vice-President. (The downside to this is was doing before – representing ONIWG senting injured workers. At the same have the power to take that right away? that Peter Page, who had filled these roles in the fight against the government’s cuts time we have a law called the Good Now the questions: a) Where does when I was President, had to step aside to Legal Aid. We knew going in that it Samaritan Act, which provides protec- an injured worker go in Thunder Bay for me. I thank him for his selflessness. would be too costly to send Janet to these tion for volunteers, and not charging for representation, we have two Legal But as he agreed to be my co-Regional events, but she has responsibility for the at all, but that did not stop the LSUC Aid Clinics, neither of which do WSIB VP, I will likely be calling on him.) rest of the portfolio – and I was happy to from sending me a letter threatening a cases. b) The choice left is to hire a law- The next term has barely begun and hand that off. fine of $50,000.00 on the first file and yer or paralegal but we have yet to find $25,000.00 on each subsequent file, someone willing to take claims from the with the reason given being: giving WSIB in Thunder Bay. Even if there Tuesday, November 26, 2019 legal advice without a licence. were, how would an injured worker af- All Day Conference on Mesothelioma Moses, who I mentioned earlier, was ford the retainer seeing that their income the second person in Thunder Bay to re- has been reduced “IF” they have been followed by ceive the same letter to cease and desist granted initial entitlement, and if not, Canadian Debut of “Breathless” by Belgian filmmaker Daniel Lambo immediately or he too would be charged then there is no income for the retainer. Introduction by Daniel Lambo and Eric Jonckheere, whose family’s with the same offence. Together we The thought of someone not being able story is featured in the film, followed by Q&A fought; from the Premier (McGuinty), to fight for their rights because they can’t to the Attorney General, to the Minister afford a lawyer is disheartening to say Hosted by Canadian Mesothelioma Foundation of Labour, to WSIB and WSIAT but all the least. The government must step in MaRS Building, 101 College Street, Toronto we got was a run around. and help injured workers, not put them Visit http://cmfonline.org for more information as it becomes available. To this day I remain passionate about down even more or create such obstacles helping injured workers. The help I for entitlement to their benefits. 10 / Justice for Injured Workers / Labour Day 2019 Injured Workers and Activists Speak Out Open Letter to Ontario Government End Unjust Treatment of Injured Workers London & District Injured Workers’ Support Group, May 14 Day of Action I am a constituent of London and a should be bearing the brunt of these member of the London & District In- costs. jured Workers’ Group and we are writing The Ministry of Community and So- today to denounce the unjust treatment cial Services [MCSS] spends $48 mil- of injured workers that is being carried lion annually supporting deemed injured out by the Workplace Safety and Insur- workers who should be better supported ance Board (WSIB) and the provincial by the WSIB. The data indicates about government. This letter is part of an 3,300 injured workers who are disabled Ontario-wide Day of Action organized from working but whose WSIB wage by the Ontario Network of Injured Work- loss benefit leaves them so far below the ers’ Groups (ONIWG). poverty line that ODSP must top up their “Since 2010, the WSIB’s bank ac- WSIB benefits. This means a minimum count has doubled, while compensation of about $1,200 per month per injured to injured workers has been cut in half,” London, May 14, 2019 worker in ODSP benefits, for a total of said Wendy Knelsen, President of the employers pay into the system were be- But today’s Day of Action is about say- nearly $4 million a month or $48 mil- London group. “When people are in- ing reduced by 30 per cent – a gift of ing enough is enough, we won’t stand lion annually to support deemed injured jured or made ill on the job, we have a nearly $1.5 billion to employers at the for it.” workers who should be better supported right to be treated with dignity and re- expense of workers. This is exactly what As a direct result of the cost cutting by the WSIB. Not counted here by spect, but the WSIB and the government Mike Harris did when he was Premier, measures by WSIB, injured & disabled MCSS is the number of injured workers seem to be working hand-in-hand to try and it meant a restriction on compensa- workers and their families are suffering on ODSP or OW who have been deemed and take that away from us.” tion benefits because there was too little immensely. Many have lost their homes to have no loss of earnings and therefore Presently, the government is con- money coming into the system. and are living in poverty. Many of them are not in receipt of WSIB benefits. The ducting a closed-door review of the “Since the Ford government was are being downloaded onto other pro- total cost of supporting deemed injured WSIB, with early reports suggesting that elected, its attacks on social assistance, grams including Ontario Workers (OW), workers is much greater than the $48 privatizing the workers’ compensation people with disabilities, healthcare, stu- Ontario Disability Support Program million captured in this data. system is on the table. An American-style dents, labour rights, and more, have been (ODSP), Canada Pension Plan Disability Studies of Ontario injured workers private insurance scheme would make rapid-fire and relentless,” said ONIWG (CPPD) while others are homeless and with permanent impairments found that things go from bad to worse for injured President Willy Noiles. “The ‘little guys’ living on the streets, in homeless shelters 58 per cent have long term reduced earn- workers, only leading to further pain. that Doug Ford is supposed to stand up or couch surfing. This downloading of ings, 46 per cent of permanently impaired This comes on the heels of the for are instead being trampled on, and services is being felt by municipalities injured workers live in or very close to fall announcement that the premiums injured workers are part of this group. and the taxpayers, when the employers London Injured Workers... / 14 Raising Our Voices on Injured Examining Unacceptable Workplace Workers’ Day Health and Safety Conditions: Willy Noiles, Executive Vice-President of Ontario Network of Injured Workers’ Groups Why I RideNicole andSimpson Advocate

When we talk about the dynamics of health and safety in our workplace we first need to understand the relationship, positions and motives of our employ- ers. We get a really good sense of this through our daily interactions with our supervisors and managers, and obser- vations in our work stations and work- places. As a worker I have come to learn that our value, worth, knowledge, experience and skill sets are minimized and not tapped into. So we start to doubt them ourselves. Injured workers and supporters rally wake me up screaming in the middle of After much reflection I realize that at Queen’s Park each June 1st to com- the night. And 17 years later, there are my voice is powerful, my skill sets, memorate Injured Workers’ Day. Each many days where just walking from the experience and way of thinking are in- year, our voices are raised to fight back bedroom to the bathroom next door can valuable. And I remember that I am an against the epidemic of precarious, un- elicit screaming and tears. inspirational agent of change and so is Nicole in Sudbury on Justice Bike Ride, safe and toxic work, coupled with the Every injured worker’s story is differ- each and every one of us, when given the May 2018 severe austerity agenda that has taken ent, but we have all encountered prob- opportunity. that an employer’s first interest has al- over the administration of the workers’ lems with WSIB: substantial loss of We must also remember that there ways been profit. compensation system. pre-accident earnings, harassment and are those who wish that we weren’t Unfortunately, this interest is con- As a result of my work accident, I other obstacle games that WSIB likes empowered. flicting with the requirement to provide wound up with a shattered left knee, to place in a worker’s way, while fight- So for the last six years I’ve filled my workers with a safe and healthy work broken left ankle and Complex Region- ing depression at the changes to our toolbox – by taking dozens of Unifor/ environment/culture ... or is it really? I al Pain Syndrome (CRPS), which rates lives, feeling isolated and inadequate Worker Health and Safety Courses and beg to differ. higher on the McGill Pain Index than as we’re no longer able to do the things United Way (people centred) and Labour This conflict of interest has employ- cancer pain. CRPS also leads to other we used to. And while many are lucky Education courses and programs, spend- ers focused on keeping WSIB premiums changes such as atrophy and increased enough to return to their job, many are ing lengthy hours researching, talking down, and does little to address unsafe sensitivity. In my case, it meant that after not. Many of those are forced onto other with others about how things could look conditions in the workplace. 10 months of rehab and frequent walk- social programs such as Ontario Works in our workplaces and, in the world, if Many workers do not receive com- ing since, my left quad muscles never or the Ontario Disability Support Pro- greed wasn’t a factor and if our lives, ex- pensation and many who receive it do regained their strength. It was almost gram, places they were never supposed periences, and skillset were valued and not receive just compensation nor do two years before I could get out of scrub to end up. They were supposed to receive we were further invested in. they enjoy quality of life. Those in- pants and return to denim. There was a benefits for as long as their injury lasts, I think it is safe to say through our own jured workers are forced onto social year in which even my comforter could Raising Our Voices ... / 15 individual experiences and observations Why I Advocate ... / 12 Labour Day 2019 / Justice for Injured Workers / 11 Injured Workers and Activists Speak Out

The following is the story of Paul Taylor’s more thanAn twenty-year Injured fight with the Worker’s Workers’ Compensation S torBoard/Workplacey Safety and Insurance Board and the WSAIT (the Tribunal). Paul is the President of Injured Workers of Wellington and Dufferin Counties. The full story of Paul’s fight with the workers’ compensation system is avail- able online at www.fightwcb.org/my-story.html. He writes there: “It is my hope and prayer (I’m not that religious) that even a handful of injured workers are able to learn from my story and what I went through. Most importantly, that they are able to learn through my story to fight their respective WCB and/or WCT [Tribunal].”

In 1997, Paul Taylor suffered a he would have to wait three to five against the WSIB and the WSIAT. or officer to do something. Paul was very serious work injury, when a years for their help and that was if In response, the WSIB/WSIAT filed asking the court to order the WSIB load he was hand unloading fell, they could even help him. Paul pre- motions to dismiss Paul’s lawsuit to hurry up and make a decision. hitting his back, neck, and head. pared his case the best he could and on various grounds. The case was He was also asking, if needed, that Initially the then-Workers’ Compen- attended the WSIAT hearing. heard in Brampton and Paul’s law- the WSIAT also hurry up and make a sation Board (WCB) fully accepted Paul wanted three days for the suit was dismissed. decision. Instead of waiting for the his work injuries. Even his employer hearing but was only given one. Paul then filed an appeal with Divisional Court, where these ap- was understanding and told him Paul also was denied many im- the Court of Appeal for Ontario. plications are heard, Paul brought to stay home and get better. Then portant witnesses who could have Paul’s basis was that the judge a motion for the Superior Court to when it was found that Paul’s in- provided crucial evidence. Paul made an error by claiming the hear, based on urgency. Both Paul’s jury was becoming permanent, the was given no assistance from the court does not have jurisdiction motion and application were dis- WCB acted like he was fine. Even WSIAT and throughout the hear- over workers’ compensation mat- missed by the court. his employer claimed he was fine, ing process he was routinely inter- ters and that the audio recording Paul appealed the decision to when they knew he was not. rupted during legal submission violated deliberative secrecy. The the Court of Appeal for Ontario Paul was seen by a Workplace and quizzed. In one instance, the matter was heard by the Court and his appeal was denied. Paul’s Safety and Insurance Board (WSIB) worker rep of the WSIAT panel ad- benefits. The employer rep was of Appeal for Ontario, which dis- thought was that this would deal doctor who said, after him having vised Paul that if he was granted heard saying that Paul was a “fuck- missed Paul’s appeal. Paul then pre- with all the institutional delays the injury for more than a year-and- chronic pain benefits, he would ing joke” and he deserved to have pared an application to appeal to within the Ontario workers’ com- a-half, that Paul would be fine in likely end up paying benefits back his ass kicked for not getting back the Supreme Court of Canada. pensation system. Paul has finished six to eight weeks, that his slowed to the WSIB. to work and supporting his family. In another matter Paul had re- preparing his first application to recovery was Paul’s fault and that So, Paul withdrew his request for The employer rep also said that Paul quested that the WSIB cover his the Supreme Court and is presently he must be faking. It was not from those benefits. After several months was faking his injuries as all injured over-the-counter pain medica- working on his second. He hopes to Paul being constantly forced back had passed, Paul reviewed the au- workers fake their injuries. tions and topical pain cremes. The have both completed and filed with to unsuitable/unsafe work. Paul dio recording he had made of the Paul filed a complaint with the request was denied. Paul had also the Supreme Court within the next would end up fighting for his right hearing. Paul had used an audio WSIAT, which was pointless. He requested he be compensated for few weeks. Paul is arguing his ap- to workers’ compensation over the recorder as an assistive device as then, after receiving his WSIAT deci- days he should have been paid for peal, if granted permission, affects next twenty years. he has difficulties taking handwrit- sion, prepared his reconsideration in August 1998. The WSIB did not three groups of Canadians: those Paul would ultimately appeal ten notes. Paul found in the record- request. The reconsideration re- decide this issue. Canadians who suffer work injuries, five WSIB decisions to the WSIAT. ing that the panel members had quest by the WSIAT, not surprising- Paul then brought an applica- those Canadians who suffer from Paul was forced to represent him- mocked him and made fun of him ly, was denied. Paul then applied tion for Judicial Review – Writ of disabilities, and those Canadians self. This was because he was ad- being self-represented. The worker for Judicial Review of the decision Mandamus. This is where a person who represent themselves in our vised by agencies like the Office rep was heard laughing after Paul but then withdrew his application applies to the court to ask the court courts and before administrative of the Worker Advisor ( OWA) that had dropped his claim for chronic and instead filed a civil lawsuit to order a government agency and/ boards and tribunals in Canada.

Why I Advocate/11 – repealed through Bill 47, providers’ skills. This my friends is what is and community services, leav- “Ontario Open for Business,” What I observed was: going on across our province, ing tax payers to foot the bill a vast amount of progressive – not enough staff to provide across our country and the ex- for employers and government labour laws, and Doug Ford quality care, serious space con- periences I just shared, are negligence. was only premier for six months straints, working under pres- shared collectively in all work- And in an already challen- when this began. sure, time constraints to get places.....these obstacles and ging world ... Our governments play a cru- patients to appointments (leav- barriers are reasons why I chose The Ford government has: cial role in protecting the health ing no time for compassionate to ride and advocate for the – cut funding to legal aid by and safety of all Canadians and care), outdated, faulty, cumber- ONIWG cause. 30 per cent the environment as they are some equipment, beds, tables, Our federal elections are – given employers, with the regulator, policy maker and wheelchairs, walkers, psycho- upon us this October. Please take help of WSIB, a multi-billion enforcer. social hazards for the patients the time to educate yourself. dollar gift in the form of a 30 An observation, from a and staff. As for me... per cent cut to premiums (and caregiver and patient – a conversation with staff I will continue advocating remember this does not correct Meanwhile the Ford Gov- my short time spent there and I about being rewarded with on behalf of the most vulner- workplace illness, injury and ernment pushes forward to am saddened for those who are Timbits for no injuries or lost able, for preventative health and death). privatize our health care, slash there everyday. time and blaming workers’ be- safety legislation, policies and – reduced the number of crucial humane services and This is a time when a person haviour instead of fixing haz- programs, and will continue to MOL inspectors, eroded their funding resulting in the follow- needs reassurance, seeks com- ards in the workplace learn and be that voice in the powers of prevention. ing, which is actually transpir- fort, compassion and relief from – minimal implementation room who says that things can – written legislation to al- ing in our hospitals, and work suffering and pain, and, this is of ergonomics (barriers and be different and this is how. low employers to self-regu- places. a place where people work, to limitations due to work station I know that: late and manage health and For the last couple of months provide empathy, compassion, design layout) – awkward body We can no longer be compla- safety programs/policies in my 88-year-old gram spent her love, comfort and care. positioning, kneeling in awk- cent and hope that our govern- our workplaces, further erod- last days of life at Hotel Dieu The working environment, ward positions, bending, twist- ment takes action on their own. ing the powers of Joint Health (may she now be at rest). the culture within the hospi- ing – all in awkward positions, We can no longer accept that and Safety Committee worker I am outraged and fired up tal from what I saw, was in no force, repetition and obvious employers view our lives as ex- members and our rights through about what I witnessed through way conducive to supporting mental injury challenges pendable, in lieu of profit. accreditation. my many different lenses during the patients’ needs or care – after watching mainten- We do not accept a risk man- ance work get done next to agement and reactive approach gram’s roommate, Sheila, to our health and safety. while she ate her lunch, she We do not accept that injured empathized with the obstacles workers face further mental in- they faced to do their job. Af- jury, poverty, homelessness, ter that I expressed my anxiety death and suicide. about everything that I ob- In solidarity. served and her eyes lit up, as Sheila is a retired nurse. We Nicole Simpson is a Uni- continued to discuss the issues for Local 195 Executive Board all around us. Women’s Representative, I thank the nurses and doc- Health and Safety Profession- tors for continuing to provide al, ONIWG Justice for Injured care under these conditions. I Workers Bike Rider and Injured clearly see your challenges. Workers Advocate Nicole in Belleville with Justice Bike Ride 2017. 12 / Justice for Injured Workers / Labour Day 2019 Demands of Workers’ Comp Is a Right! Campaign Injured Workers Demand – End Deeming Justice for Injured Workers is publishing three key items really happens to workers with work-acquired disabilities. on the issue of deeming. The Ontario Network of Injured We are reproducing the bill below for all to read and are Workers’ Groups (ONIWG), in its Workers’ Comp Is a Right! following its development closely. We will be holding all campaign, has identified deeming as one of the compensa- elected officials to account once the legislature resumes at tion system practices which must be eliminated! the end of October or in early November. At its annual general meeting in Toronto on June 19, We thank Wayne Gates, Ontario NDP Health and Safe- ONIWG approved a submission on deeming to be presented ty and WSIB critic for tabling the bill and holding a press to the 22nd Session of the UN Committee on the Rights of conference with ONIWG to announce it. Persons with Disabilities being held August 26 to September We have launched a Workers’ Comp Is a Right! cam- 20 in Geneva, Switzerland. We are excited to share portions paign action to have MPPs sign a pledge that they will sup- of this submission with our readers (see page 15). port this bill. The pledge form can be downloaded from We wholeheartedly thank the ONIWG Research Action www.injuredworkersonline.org or contact oniwgexec@ Committee and Jeffrey Hilgert, Associate Professor of In- gmail.com for information. dustrial Relations, École de relations industrielles, Université de Montréal for pre- This report is a publication of ONIWG’s Research Action Committee. It was paring this submission. compiled using data acquired via freedom of information requests submitted by Secondly, with the tabling of a private member’s bill on deeming, Bill 119, Injured Workers Community Legal Clinic (IWC) and Richard A. Fink. It was we have at last succeeded in having action taken in the Ontario legislature on this written with the assistance of Injured Workers Community Legal Clinic (IWC). matter. We are printing a portion of this report below. The full report can be found at Finally, ONIWG has produced a report, Phantom Jobs & Empty Pockets, on what injuredworkersonline.org.

ONIWG Report: Phantom Jobs & Empty Pockets (Excerpts) What happens to people who are in- develop chronic physical and mental higher paid and less precarious counter- employable. Deeming assumes 100 per jured at work? Most of the time, work- conditions? Some of those people are parts. The most vulnerable workers cent employment for everyone, regard- ers endure minor injuries that heal and looked after by workers’ compensation, in the system are most at risk of be- less of disability, skills, age, gender, or they return to their regular jobs and as they should be. But many are not. ing left without benefits and unable to language ability.6 lives.1 But what about those work- By WSIB’s own statistics, almost half find ork.w Workers who are not fluent in Eng- ers who don’t fully recover? What are of permanently injured workers have Despite identifying these vulnerable lish were especially likely to be sent the outcomes for those who sustain neither jobs nor workers’ compensation workers as those who have the hard- to the land of make-believe (deemed) lifelong back injuries, lose limbs, or benefits.2 est time finding work, the WSIB does jobs.7 Less than a quarter of non-English WSIB and the Land of Make Believe not routinely consider these factors speakers were able to secure jobs after when they are deciding if a worker is Work Transition. The Province of Ontario is the birth- chooses a new job (called a “suitable place of workers’ compensation in occupation”).3 WSIB’s Shameful Record with ESL Training Canada. In 1914, Ontario introduced a These workers receive Work Transi- The WSIB has recognized that its ESL In fact, one WSIB internal study no-fault compensation system that was tion Plans, which may or may not in- schooling is largely ineffective. Through shows that many commonly selected funded entirely by employer contribu- clude formal schooling, and then they freedom of information requests, we have jobs (suitable occupations) for work- tions. In exchange for giving up their are sent out into the labour market to learned that less than two-thirds (59 per ers with language barriers resulted in right to sue employers for work injuries, find jobs in their WSIB selected fields. cent) of workers actually complete their zero percent employment.10 Despite workers were supposed to get guaran- Some of these workers do find jobs and ESL classes. Of those who do, only 43 per this systematic ESL failure, non-Eng- teed compensation for their lost wages. return to work without issue. This report cent learn enough to meet the language lish speaking workers continue to be These wage loss benefits were to prevent is about what happens to those who get demands of their selected suitable occu- deemed employable, meaning they lose injured workers from becoming burdens left behind. pation.8 Only 27 per cent of workers with their benefits whether they have a job on their families and community. For these unemployed workers, the English language barriers secured employ- or not.11 Today, the province’s compensation WSIB simply waves a magic wand and ment after completing work transition.9 Phantom Jobs Notes... / 14 is run by the Workplace Safety and In- assigns an imaginary job with an im- surance Board (WSIB). For short-term aginary wage. The WSIB then cuts the and visible injuries, the system works worker’s benefits, by pretending that the fairly well. Workers with these kinds of worker is earning actual wages from the Private Member’s Bill 119 Tabled in Legislature injuries usually receive benefits for the imaginary job. Injured workers refer to time they miss from work, they heal and this process as “deeming” and call the return to their usual lives. But workers outcome a “phantom job,” because they who have permanent injuries and are un- are earning ghost wages. The phantom able to get back to their job face a differ- job makes the disabled worker’s real ent story. For these workers, the WSIB wage loss benefits disappear.

How the Magic Wand Works in WSIB-Speak After her injury, April was unable to return to her job as a book binder, where she used to make $112 per day. WSIB decided that she had the skills and ability to The following private member’s bill has been tabled to end the compensation work as a receptionist. Although April is applying for many receptionist jobs, no board’s practice of deeming. one is hiring her. Still, the WSIB deems her to be earning $98 per day as a reception- An Act to amend the Workplace Safety and Insurance Act, 1997 in respect of com- ist. Since she was earning a net wage of $112 per day as a book binder, her WSIB pensation for loss of earnings benefits are reduced to $11.90 per day ($112 - $98 = $14; and 85% of $14 = $11.90). Her Majesty, by and with the advice and consent of the Legislative Assembly of the April’s story is a composite example of the type of stories ONIWG encounters regularly. Province of Ontario, enacts as follows: 1. Section 43 of the Workplace Safety and Insurance Act, 1997 is amended by adding the Who Gets Deemed: Characteristics of Workers Without Jobs following subsection: No earnings after injury Almost half of workers who do not re- • those in need of literacy and basic skills (4.1)The Board shall not determine the following to be earnings that the worker is turn to their original employers do not • those in specialized services able to earn in suitable and available employment or business: find orkw after finishing their WSIB • those with psychological issues 1. Earnings from an employment that the worker is not employed in, unless the 4 ”work transition”. The WSIB itself has • older workers worker, without good cause, failed to accept the employment after it was offered to identified the personal factors that make the worker. • and those with greater impairments a worker less likely to find a job. They 2. Earnings from a business that the worker does not carry on. from their injuries.5 are: This means that women, those who Commencement 2. This Act comes into force on the day it receives Royal Assent. • women were in lower paying or less skilled jobs • lower wage earners at the time of injury, and those who suf- Short title 3. The short title of this Act is the Respecting Injured Workers Act (Workplace Safety and • those with fewer transferrable skills fer mental health disabilities are more Insurance Amendment), 2019. • those with English language barriers likely to be deemed as working than their Labour Day 2019 / Justice for Injured Workers / 13 Women Step Up Fight/3 Phantom Jobs/13 Notes: 1. WSIB’s most recent numbers say 90 per cent of injured workers are back at work at full wages at one year after injury, down from 92 per cent in 2017. Online at: https://www.wsib.ca/en/corporate-reports (Accessed April 28, 2019). 2. Document 1 – Employable Analysis Report – September 2016. This WSIB document looks at a large sample of injured workers who were not able to return to their original employer, but who WSIB believes could work, and classifies workers into two taken up the issue of the cuts to in employment, housing, family groups: Employed-NE (Employed at a new employ- legal aid clinics by the Ontario law and immigration. er); and Employable (meaning they have deemed the government and Legal Aid On- “The fight of injured work- worker employable, even though they are not work- ing at a new employer – i.e. they are unemployed). tario. On June 30, Unifor EDCC ers for rehabilitation and just Table 1, page 5 notes that from 2011 to 2015, between hosted a well-attended public compensation is our commun- 45 and 54.7 per cent of workers in one WSIB internal forum to engage community ity peoples’ fight, part of our study were classed as “Employable.” women in a discussion about struggle for a decent life in Can- In fact, this is likely an underestimation as it does the cuts, including the impact ada,” says SAWRO Executive not distinguish between workers who are working these cuts will have on injured Director Sultana Jahangir. “Our full-time and those who are employed part-time, workers seeking rehabilitation community’s women work in whereas benefits are almost always calculated as if a and compensation. the most precarious jobs where worker is working full-time. – Racialized and gendered disparities in occupa- Legal aid workers from predatory employers trample on 3. Document 2 – Work Transition (WT) Plan and As- tional exposures among Chinese and white workers in IWC, the South Asian Legal workers’ rights and dignity with sessment Survey Report, 2017. 4 Pages. Internal WSIB Toronto, Wayne Lewchuk. Ethnicity and Health. 2014. – Barriers to return-to-work for linguistic minor- Aid Clinic of Ontario and other impunity. Employers discard Document. This report notes that about 40 per cent of workers did not feel that they had choice or input into ities in Ontario: an analysis of narratives from appeal legal aid clinics made presenta- a worker like human garbage the WT plan (see table on page 3, plan development). decisions. Stephanie Premji. Journal of Occupational tions about the important public when she is injured on the job It also tells us that about 30 per cent of workers did not Rehabilitation. 2015. education and other organizing – no rehabilitation; no compen- agree with the choice of Suitable Occupation or the WT – Immigration, citizenship and racialization at work: work they do in the communities sation. We cannot accept that.” plan (see page 3, plan review and approval). Unpacking employment precarity in southwestern On- where low-income people live. Activists from SAWRO and 4. See Endnote; Employable Analysis Report – tario, Luin Goldring & Marie-Pier Joly. Just Labour. Fall Forum participants rejected the Unifor EDCC participated in September 2016. 2014. justifications of the government the Injured Workers’ Day ac- 5. Employable Analysis Report, September 2016. – Precarious work experiences of racialized immi- and Legal Aid Ontario for cuts tion at Queen’s Park on June 1. 42 Pages. Internal WSIB Document. Also Document 3. grant women in Toronto: A community-based study, to community clinics. They ex- They also joined in the vigil at Employable Outcome Analysis, June 2017 and Docu- Stephanie Premji. Just Labour. Fall 2014. pressed the need for increased Queen’s Park on the eve of In- ment 4, Employable Outcome Analysis Update, July 7. Document 5 – Review of ESL Programs in WT – April 21, 2014. Pages 2-5, 13. funding for community clin- jured Workers’ Day, providing 2017. 6. For information on the gendered, racialized, and 8. Document 5 – Page 3. ics so they can better support dinner for the vigil participants age-based realities of precarious work, see: 9. Document 5 – Page 2. people facing legal challenges as a show of support. – ‘A more unequal society’: Labour market study 10. Document 5 – Page 21. paints worrying picture. Hamilton Spectator. July 19 11. Documents 1, 4. The WSIB has recognized the London Injured Workers/11 Our group is also very con- 2018. (Accessed April 28, 2019). abysmal ESL failure and now tries to use regulated the poverty level and 9 per cent cerned about the recent cuts to – Getting Left Behind: Who gained and who public schools instead of private schools, for ESL pro- grams. However, it has not provided any assistance live in deep poverty (Poverty Legal Aid. The most vulnerable didn’t in an improving labour market, Wayne Lew- chuk et al. Poverty and Employment Precarity in (further schooling or wage loss benefits) for workers status of workers compensa- in our community are the ones Southern Ontario. June 2018. who were not given the skills to find jobs. tion claimants with permanent that will be affected, including impairments, Ballantyne et al those with disabilities, seniors, 2015; Labour Market Earnings immigrants, low income earn- President’s Greetings/2 side by side with the legal clin- The introduction of “Ontario is Recovery, Tompa 2017). ers and others who are hopeless to Legal Aid Ontario have forced ics, shouting that these cuts are a open for business” has brought On the Ontario.ca site, Pre- and desperate for assistance, our supporting legal clinics, the direct attack not only on injured changes to the training that mier Ford states: “I’m here to the same people you pledged to IWC [Injured Workers Commun- workers but on all marginalized every employee should re- make life easier for you and help in your campaign. Premier ity Legal Clinic], IAVGO [Indus- persons and they must be re- ceive as well as to the Employ- your family, so you can get Ford personally made a com- trial Accident Victims’ Group of scinded. The advocacy and law ment Standards and the Oc- ahead.” We can assure you that mitment that no cuts would be Ontario] and the WHSLC [Work- reform work that these clinics cupational Health and Safety Premier Ford and the PC party made to front line services/jobs. ers’ Health and Safety Legal do impacts millions of persons Act. In 2018, employers who MPPs are not making it easier These cuts would certainly have Clinic], to begin preparations to in Ontario. The Workers’ Comp were found guilty of previous on the people of this province. a significant impact on the ser- deal with them. Most disturbing Is A Right Campaign is now labour infractions that resulted We feel you are attacking the vices and jobs. is the attack on the services that looking at building this fight in serious injuries or deaths in “little people” who you claim We urge you to reconsider these and other Legal Aid clinics into our campaign. ... the workplace received fines to be standing up for – children and cancel this funding cut to provide to their communities, in- We are grateful for the very totalling $6,222,000 from the with autism, immigrants and legal aid and work with Injured cluding the law reform work, like generous donation from the courts plus a 25 per cent sur- refugees, people with chronic Workers groups like ourselves advocating for policy changes at Lighthouse Initiative of the Pre- charge which is used to support pain, people on social assistance, to restore WSIB to the Meredith the WSIB, participating in public vention Link, part of the Ontario victims of crime. I have ap- injured workers, health and edu- Principles of Full Justice and consultations or making submis- Federation of Labour, created to pealed to the government many cation workers, etc. We are the Compensation for as long as the sions to select committees and help vulnerable and marginal- times and will continue to lob- people and we won’t stand for it. disability lasts. the government about changes to ized workers learn more about by them for the right to access Ontario Open for Business really We look forward to hearing legislation – barring clinics from the law and their rights as a surcharge monies to support means Ontario Open for Abuse/ from you on these issues. using any part of their budgets worker in Ontario. This allowed injured worker groups across Exploitation. Open to business, Sincerely, for this work. Many profession- us to launch an outreach pro- the province. Where there is closed to people! Wendy Knelsen, President als in the legal field and outside gram to several communities a fine, there is a crime and in- of it are denouncing the cuts and in Ontario, providing legal in- jured workers are the victims. restrictions as attacks on our formation that protects work- ONIWG is the network for most vulnerable. ers and building links. This injured workers across Ontario. Legal aid clinics were born to outreach is vitally important to Together we are strong! Please provide equal access to justice injured workers as many, par- consider getting involved. throughout Ontario for low-in- ticularly those left with perma- When you hear that injured come persons by providing high nent impairments, face losses workers are hosting a rally near quality legal aid services, rec- that often result in feelings of you, come out. Your presence ognizing the diverse legal needs depression, loneliness and loss makes a statement! Write Pre- of low-income individuals and of control in their lives, and this mier Ford and/or make an ap- disadvantaged communities. outreach can help them on their pointment to meet your MPP Research shows that every dol- road to recovery. and tell them why the WSIB lar taken out of legal aid will Injured workers’ recov- must make injured workers increase government costs by ery should not be affected by their first priority. Your voice six dollars. Our injured work- the desire of the government is important! Together we will ers’ groups have been standing to keep the employers happy. be a part of the change! 14 / Justice for Injured Workers / Labour Day 2019 Demands of Workers’ Comp Is a Right! Campaign Canadian Deeming Laws and Practices Violate Rights of People with Work-Acquired Disabilities ONIWG Submission to the 22nd Session of the UN Committee on the Rights of Persons with Disabilities August 26 to September 20, 2019 in Geneva, Switzerland (excerpt) a better position to raise this issue as a the savings. Cost-containment for the 1 1. Introduction human rights concern with the Govern- business community is prioritized over a The Ontario Network of Injured ill on the job. We are injured workers ment of Canada. human right to essential income security. Workers’ Groups (ONIWG) was found- (and their families) who have had first- This submission encourages the Deeming laws are based upon stig- ed in 1991. It brings together 22 local hand experience with the employment Committee to focus attention on the hu- matizing people with disabilities. In groups from across Ontario to focus injury benefit system in our province, man rights of people with disabilities in Canada, stigma is institutionalized in on systemic issues facing injured and administered by the Workplace Safety Canada in the context of employment law based on the idea that people need disabled workers. We are a democratic and Insurance Board (WSIB). We see injury benefit systems. Employment in- to be incentivized to return to the job organization and volunteer led with no how the system fails too many work- juries are traumatic injuries or diseases market. The long-term use of employ- staff or significant funding. This is our ers across the Canadian province of resulting from employment which result ment injury benefits is a strong stigma second submission to the UN Commit- Ontario. We refuse to accept the unfair in temporary or permanent incapacity or in Canadian society. Systematically, this tee on the Rights of Persons with Dis- system, and we take united action to death. The focus of this submission is stigma marginalizes people with work- abilities. Our previous submission was demand human rights for people with the problem of permanent incapacity as acquired disabilities. The legal idea of sent on October 6, 2016. We also plan work-acquired disabilities. a work-acquired disability. People with the malingering injured worker plays a to share this submission with the UN Whether it be through research and these types of work-acquired disabilities critical role in this. Special Rapporteur on the Rights of submissions to the WSIB and the gov- are entitled to receive income security Employment injury benefits are Persons with Disabilities as a follow-up ernment, or through organizing rallies going forward from the employment in- critical lifelines to ensure that people liv- to her official visit to Canada of April and public mobilizations on the streets, jury benefit system as it is one essential ing with work-acquired disabilities are 2-12, 2019. ONIWG is committed to advocating for type of social security. able to live a life with integrity and dig- ONIWG is a provincial voice for the human rights of all injured workers Deeming was introduced into Can- nity.4 Employment injury benefits have workers who have been injured or made with work-acquired disabilities. adian law starting in 1979.3 It is a de- for over 75 years been recognized by the parture from human rights norms on UN multilateral system as an indispens- 2. Executive Summary income security. Deeming allows the able and irreplaceable type of income Employment injury benefits sys- security standards on employment injury adjudicators of employment injury security that is an essential element of tems in Canada create harm and dam- in several areas.2 Among the most press- benefits to cut income security benefits. social security. The ILO’s Philadelphia age the human dignity of people with ing of these human rights problems is the These decisions are based on laws that Principles on Income Security provide a work-acquired disabilities. That people practice of the “deeming” of people with permit the assumption of employment baseline defining what constitutes digni- depend upon these “workers’ compen- disabilities by the workers’ compensa- when in practice injured workers have fied treatment in employment injury sation” programs and their legal design tion system. ONIWG makes this submis- not secured any employment and remain benefits systems.5 These long-standing as the “exclusive remedy” for all types sion to the Committee on the Rights of unemployed. Deeming permits dramatic principles have been recognized by more of workplace injuries amplifies the ad- Persons with Disabilities to report on the cuts to employment injury benefits, as recent ILO international labour stan- verse impact they can have upon hu- law and practice of deeming. We hope we will show in this submission. Deem- dards6 as well as several observations by man dignity. Canada has failed to meet by providing detailed information about ing causes economic hardship for people expert UN human rights bodies.7 the internationally-recognized social “deeming” that the Committee will be in with disabilities while employers pocket [...]

Notes Messing (1998) One-Eyed Science: Oc- (Release date: November 28, 2018, Cata- 7. The UN Committee on Economic, 1. This submission has been prepared cupational Health and Women Workers, logue no. 89-654-X2018002, ISBN 978- Social and Cultural Rights noted the im- by the ONIWG Research Action Commit- Temple University Press, 264 pages. 0-660-28689-1) https://www150.statcan. portance of employment injury benefits in tee and Jeffrey Hilgert, Associate Professor An extensive research program on Can- gc.ca/n1/en/catalogue/89-654-X2018002 General Comment No. 19 on the right to of Industrial Relations, École de relations adian workers’ injury compensation is led retrieved on June 17, 2019. social security (art. 9), adopted in 2007. industrielles, Université de Montréal. We by Katherine Lippel, Canada Research 5. Income Security Recommendation, See paragraph 17 and footnote 13 of docu- apologize in advance for any undetected Chair on Occupational Safety and Health 1944 (No. 67), adopted by the 26th Ses- ment E/C.12/GC/19 as well as several ref- errors or omissions. Please send any com- Law, Faculty of Law at the University sion of the International Labour Confer- erences to income security throughout the ments or corrections to < smantis@tbaytel. of Ottawa. See her team research web- ence held in Philadelphia, provides Guid- document. The ILO 2019 General Survey net >. site online at https://droitcivil.uottawa.ca/ ing Principles for protecting the human concerning the Social Protection Floors 2. This submission focuses on the law research-chairs/occupational-health-safety- right to income security. Recommendation, 2012 (No. 202), as a and practice of deeming in the Canadian law/ retrieved on June 15, 2019. 6. These include the Convention con- part of the Report of the Committee of system of income security for the contin- 3. A report commissioned by the On- cerning Benefits in the Case of Employ- Experts on the Application of Conventions gency of employment injury. Canadian tario government in 1980 helped to intro- ment Injury, 1967 (No. 121) and the Rec- and Recommendations, refers at several researchers have also identified several duce deeming into Ontario law. See pages ommendation concerning National Floors points to the continued relevance and im- other problems of concern in the workers’ 57-62 in Paul C. Weiler (1980) Reshaping of Social Protection, 2012 (No. 202), both portance of the Income Security Recom- compensation system, including problems Workers’ Compensation in Ontario, On- ILO labour standards. mendation, 1944 (No. 67). linked to experience rating, the termina- tario Ministry of Labour, https://ia600207. tion of benefits based on findings of pre- us.archive.org/28/items/reshapingworker- Raising Our Voices/11 existing medical conditions, and legal gaps s00weil/reshapingworkers00weil.pdf re- but in WSIB’s drive to cut costs, many injured workers who turned out, MPPs providing less than universal coverage, trieved on June 11, 2019. workers end up being injured emotion- ended up holding public hearings into among other social challenges. 4. The prevalence of work-acquired ally and financially by the very agency that piece of legislation on the front On medical care see, for example, An- disabilities in Canada highlights the im- that was supposed to be there to protect steps of Queen’s Park on June 1, 1983. tony Singleton et al (2017) Bad Medicine: portance of this submission for people them if they got injured. Some of the same injured workers and A report on the WSIB’s Transformation of with disabilities in Canada: “Among With so many workers in vulnerable their allies who pushed for those hear- its health care spending. IAVGO Com- Canadians aged 25 to 64 years with dis- and precarious positions, we cannot be ings on the front lawn of Queen’s Park munity Legal Clinic http://iavgo.org/wp- abilities, over one-quarter reported that at silent in the face of a workers’ compen- in 1983 still join in today. content/uploads/2013/11/Bad-Medicine- least one of the underlying causes of their sation system that is more concerned All this demonstrates that although Report-Final.pdf retrieved on June 11, disability was work-related. This includes with its own bottom line than with pro- many of us were put through the emo- 2019. workplace conditions as well as accidents tecting the well-being of injured work- tional and financial wringer by our On experience rating issues see pages or injuries at work. Men were more likely ers. We need to come together and de- workplace accidents and our sub- 139-144 in Bob Barnetson (2010) The than women to report a work-related cause mand our right to fair compensation. sequent battles with WSIB, we end Political Economy of Workplace In- of their disability (33 per cent versus 22 This is why we gather at Queen’s Park up emerging stronger for it. Strong jury in Canada, Athabasca Univer- per cent)” from page 13, Textbox 2. For a enough to advocate for ourselves and sity Press, 286 pages. http://www. quarter of those aged 25 to 64 years, the and march down to the Ministry of others and strong enough to take to aupress.ca/books/120178/ebook/99Z_ cause of their disability was work-related Labour on June 1st. cycling long distances to raise aware- Barnetson_2010-The_Political_Econ- in Stuart Morris, Gail Fawcett, Laurent The real roots of Injured Work- omy_of_Workplace_Injury_in_Canada. Brisebois and Jeffrey Hughes (2018), ers’ Day, June 1st, are in changes the ness, three years in a row. And strong pdf retrieved June 15, 2019. Canadian Survey on Disability: A demo- Bill Davis government tried to make enough to campaign for real changes Gender disparities in workers’ injury graphic, employment and income profile to the workers’ compensation system to the provision of compensation and compensation have been documented of Canadians with disabilities aged 15 in 1983. Because of pressure from in- administration by WSIB in each prov- since at least the 1990s, including in Karen years and over, 2017. Statistics Canada jured workers and the sheer number of incial election. Labour Day 2019 / Justice for Injured Workers / 15 Workers Comp Must Cover All Workers! Cover Me WSIB Campaign The Cover Me WSIB campaign was established to ensure care and social assistance costs for injured workers with no all injured workers are treated fairly and covered universal- WSIB coverage. ly under the compensation system managed by the Ontario A century ago, Ontario’s workers and employers made a Workplace Safety and Insurance Board (WBIS). historic compromise to ensure a compensatory system that The WSIB was established to provide compensation to would work for everyone – injured workers gave up their right workers who have experienced workplace illness or injury as to sue employers on the condition that employers would fund a result of their job. a compensation system managed by the government. However, only 76.5% of Ontario workplaces have WSIB We call on the Government of Ontario to provide fairness coverage. This leaves 1.7 million workers in Ontario with no for all workers in the province by amending the Workplace WSIB protection in the event of a workplace illness or injury. Safety and Insurance Act so that it provides WSIB coverage to That’s the lowest percentage of any province or territory. The all workers in Ontario. As well, coverage should be simplified, WSIB is funded by employers, not the public. However, the public pays all health creating one common plan and ensuring a level playing field for all employers.

WSIB Cover Me Online Petition to Ontario Legislative Assembly Who Isn’t Currently Covered by the WSIB? Whereas the Ontario Workplace Safety and Insurance Board (WSIB) has fallen behind the majority of Canada with the least amount of workplaces covered. Whereas twenty four (24) per cent of the workforce representing over 1.7 mil- lion workers is not covered under the Workplace Safety & Insurance Act (WSIA) making them the most vulnerable. According to several studies commissioned by the WSIB and OCEU [Ontario Compensation Employees Union], if all industry sectors and workers are covered, the system would be better funded and able to extend more services to help injured Ontario led the world when it created the first comprehensive “no fault” work- workers while reducing cost for employers and government. ers’ compensation system. Now, Ontario [and Nova Scotia] covers fewer work- WSIB coverage should be expanded because 100% of Ontario’s workers de- places than any other province. There are still large groups of workers without serve no fault compensation for workplace injuries, illnesses and fatalities. WSIB coverage. Employees who work in group homes, banking and insurance, Therefore be it resolved that the Ontario Government will enact legislation to health care and social assistance as well as professional, scientific and technical provide WSIB coverage for all workplaces. services are not currently covered, 24 per cent of workplaces or 1.7 Million of Ontario’s employers do not provide WSIB coverage.

We Remember Estimated Employment of Industries Not Covered by WSIB, 2017 Industry Employment Robert Jay “Rob” Vachon Motion picture and sound recording industries [512] 24,718 1969 - 2019 Radio and television broadcasting [5151] 11,723 Data processing, hosting, and related services [518, 5182] 13,172 Other information services [519, 5191] 17,971 Finance and insurance [52] 331,570 Real estate [531] 94,699 Professional, scientific and technical services [54,541] 317,381 Excluding Architectural, engineering and related services [5413] Management of companies and enterprises [55, 551, 5511] 36,486 Administrative and support services [561] 36,486 Excluding Employment services [5613] Excluding Investigation and security services [5616] Excluding Services to buildings and dwellings [5617] On July 26, 2019 at Dr. Bob Kemp Hospice or Hamilton Injured Workers Educational services [61, 611] 155,797 Hospice, Rob passed away peacefully would be appreciated. Excluding Elementary and secondary schools [6111] in his sleep at the age of 50. Loving son Rob was an activists with the Ham- Excluding Community colleges and C.E.G.E.P.s [6112] of Janet and the late Rene. Cherished ilton Injured Workers’ Group and par- brother of Nancy Bakker and her hus- ticipated in actions in defence of the Health care and social assistance [62] 324,925 band Ralph. Rob leaves behind many rights of injured workers to just com- Excluding Offices of physicians [6211] aunts, uncles and cousins. Friends were pensation throughout Ontario. Many Excluding Hospitals [622] received at Donald V. Brown Funeral special tributes were expressed on Excluding Nursing care facilities [6231] Home, in Stoney Creek, Tuesday, July ONIWG group Facebook pages from Excluding Community care facilities for the elderly [6233] 30, 2019. Donations to Dr. Bob Kemp those dear to him as fellow activists. Arts, entertainment and recreation [71] 114,862 Other services (except public administration) [81] 130,834 Excluding Repair and maintenance [811] Excluding Dry cleaning and laundry services [8123] SUB-TOTAL 1,677,966

“Robert won an important case regarding medical marijuana coverage at the Tribunal. He could have quietly taken that victory home and rested after his long battle with the WSIB, and no one would have blamed him for that. Instead, he kept up the fight. He became an educator and activist, and was always incredibly generous with his time and expertise. As his rep, I learned about what it means to be tireless in your pursuit of justice for yourself and your community. I am grateful for the short time I had with Robert.” – David Newberry of Injured Workers Community Legal Clinic

16 / Justice for Injured Workers / Labour Day 2019