First Annual Workers’ Compensation Case Update from the OBA Sept. 26 in Toronto
Come and join me and meet the very best in the field of Workers’ Compensation Law. You can attend in person or on-line Thursday September 26, 2013 7:00 pm until 9:30 in Toronto.
September 30, 2013 NEER Annual Statements are coming!
If possible, get your most costly re-consideration decisions made and applied before Monday September 30, 2013. If there is an unfortunate delay in receiving your decisions, remember to include a request for a retroactive manual adjustment to your NEER statement in your written submissions. If you receive a surcharge, let’s see what we can do to get some of that back for you. And you will have to pay it within 30 days (you can request a payment plan to save on cash flow).
Management Side WSIB Guidelines to follow:
1. Form 7 Review (always send it to me first, so I can ensure that your interests are protected in the long run for Appeals, especially in sections C, F, and K). Remember to word Section C6 as the employer’s statement of what happened. Do not use the words dictated by the worker (they have the Form 6 for that). This IS a very important statement about what the employer is accepting liability for. When you sign your name on the Form 7 you are accepting the potential liability for an individual claim costing up to a maximum of $416,0000 (2013). Also, it is best to write everything in the tone that you are simply recording what was said, stated, alleged or reported by the employee. Eg. The worker reported that he injured his back, the worker stated that he fell.. the worker indicated that he bumped his elbow. Don’t put too much detail here. Use “the worker stated that he fell from a platform and bumped his head” instead of “the worker fell 20 feet from a platform smashing his head on the cement”.
2. Send in the Notice of Intent to Object form on almost all decisions to protect your interests and opportunities to appeal in the long run. The time limit to submit this Form is only 6 months after a decision was written but more often than not, a claim does not reveal problems which should be appealed until long after 6 months. Submitting the Notice of Intent to Object does not start the Appeal process in motion, it only bookmarks your opportunity to object later.
3. Always offer suitable and safe modified duties in writing right away for every injured employee if not totally disabled. Doctors do not make the decisions in the Return to Work process. Return to Work is a team effort and decision making is collaborative process involving the worker, the employer, the doctor and the Case Manager or Return to Work Specialist. If you need help with getting someone back to work, we can help.
Canadian Breast Cancer Foundation Run for the Cure October 6, 2013
I am participating in this run for my beautiful cousin Beth who passed away last month at the age of 45 after a short and brutal battle with Breast Cancer. Your donations would be greatly appreciated.
Complimentary OHS Policy with IRS Statement
What do we want in health and safety? To inspire, motivate and get our workers to pause, stop, and listen to their self-protective inner voice or intuition whenever they think about doing something unsafe! Protecting workers, saving lives, reducing costs, risks and liabilities: it is really all about prevention. (click here)