Long waits for pain management in Ontario

Today, I asked my staff to tell me how many patients are waiting in queue to see me for their chronic pain condition(s). Turns out, over 1300 Ontarians. I nearly fell over when I heard this.

In fact, in the last month, we had over 120 different physicians submitting NEW referrals to our chronic pain. Where is this heading? CONGESTION.

The congested waiting list of our pain clinic is no different than any other centre out there. Any respectable pain management centre that is NOT screening their referrals would quickly get congested in a matter of months. Pretty soon, you have wait-lists that are more than a year long. Ultimately, patients are the ones suffering in all this.

Why?…
The lack of referral guidelines, non-existent shared responsibility from primary care providers, lack of family physicians accepting patients in chronic pain, and an overall lack of case management end-points/goals are leading to the development of stagnant clinics.

I spend far too many hours per day writing scripts to keep up with patients with no GPs. Unfortunately, I spend little time thinking about the person in front of me. Even worse, I feel myself side-stepping the “options” discussions with my patients. The remaining time is spent in providing pain-reducing procedures (injections, nerve blocks, Botox, cortisone injections, infusions, etc) which makes me a technician, rather than a thinker.

Solutions?…
Below are just some basic ideas we are implementing at the Integrated Circle of Care, Inc to help our patients and perhaps,… set in motion some changes that could help patients and primary care providers manage pain better:

1) Pain care should start at the time of the referral:
Far too often, we see patients totally burned out and exhausted from their pain by the time they walk through our doors. Their primary care provider gave up months ago and has washed their hands of problem-solving the pain issues leaving the patient to cope alone. This is magnified further given that chronic pain worsens (as does mood, social relationships, finances, outlook,etc,etc) and becomes harder to treat the longer it goes untreated when still a new problem.

2) Pain management should involve a lot more education early on in the process:
We have been providing pain education classes to our patients as part of our management program. The sad thing is that many are improving on simple (common-sense) lifestyle changes they can do on their own. This has got to start well before a pain clinic referral is being written up.

3) Pain is a symptom – NOT a disease:
Far too many patients are coming in and when asked what their problems are, they say “PAIN”. Pain is an outcome. Pain is a single manifestation of something going on. It is an endpoint of a process of disease, wear and tear, nutritional depletion, etc. Many times, there aren’t any investigations done to determine if nerves are being irritated or joints wearing out. We need to take the word “Pain” and distance it from the basic diagnosis list. With a better vocabulary and understanding of the pain problem, we get better solutions.

4) Goals and end-points need to be considered prior to the referral being faxed:
Patients understandably lose faith in their primary care provider when he/she cannot help the pain issue. When a referral comes to us and we ask the patient their “goals”, they typically say “anything to make my pain go away”. Rarely does a patient come and tell me that their goal is to be able to garden or go for longer walks. We ALL (me included) need to reformulate our stated goals and then focus on them. Ultimately, achieving a few of these goals would result in a better quality of life. Sometimes, the pain doesn’t feel any better but patients lead better lives (i.e. less “suffering”)… this is success. At this point, they can be discharged back to their primary care provider to resume care for a while. Chasing rainbows can go on indefinitely IF there aren’t salient goals that let’s you know it is time for a “parting of ways”. At least, the patient can return in the future should things deteriorate.

5) Shared-Responsibility — Dead or Alive?:
Seems these days, perhaps due to the rampant addiction to narcotics and drug-trade in our communities, physicians are essentially branding ALL patients as guilty. A number of patients with no concerns from our end (and believe me, we put patients through the ringer in terms of monitoring for addiction, prescription abuse, drug use, chemical coping), return to their GP who writes/calls us and says,… “I don’t feel comfortable prescribing for this patient so I am refusing to prescribe their pain meds”. So we get the bounce-back client returning feeling more guilty and ashamed of their pain situation.

6) “Pain control is my human right”:
Without this statement being firmly asserted, many patients are passively deteriorating (silently) hoping for the system to change. A number of agencies such as the Canadian Pain Coalition have brought the awareness of pain to the forefront but with competing interests by so many other health agencies (stroke, diabetes, heart disease, cancer), the messages are perhaps getting diluted. Patient suffering in pain need to have a much more vocal presence with our political system and our health ministries. As a matter of example of the downplaying of chronic pain, there are no insurance reimbursement codes for a pain consultation by our provinical health insurance agency. This means, even after 2-3 hours a pain specialist and/or their team may spend reviewing a client’s case file, there is minimal compensation to a medical professionals caring for you (perhaps $60 for most generalists practicing pain management). My hair stylist gets more to cut, colour and style… and I’m out within an hour. What would you realistically pay for someone to sift through years of your health information, come up with a suitable treatment plan, and perhaps set you on the path towards less pain, increased activity, better sleep, and improvements in mood and energy???

Bottomline?…
Education is the key to these problems. With over 2.5 Million Ontarians in chronic pain and fewer pain docs to take care of them, this growing epidemic will undoubtedly and significantly unravel our healthcare budget if we don’t all play a more active role in sharing care for pain patients.

We for one are not waiting for Government to figure this all out. We are turning the whole process on it’s head and re-vamping the existing approach. In 2011, we hope to employ some new technologies (such as an interactive educational website, social networks, self-learning programs, non-physician led pain care options, some product options for people to invest in/for themselves, connection to social support agencies, etc). This new model is called PainCARE ™ (more to come on this later).

Most importantly though, we want to start forming a relationship with a newly referred client at the moment we learn about them… not only to teach them some coping skills or help them endure the long waiting-list, but too empower them and to give them some HOPE again.

Sounds hokey BUT anyone who finds themselves at the end of a long, frayed rope in pain knows what I am speaking about.

Dr. P

Ketan Patel BSc MD
President, Dr. Ketan Patel Medicine Professional Corp.
Staff Physician, Integrated Circle of Care Inc.
Research Director, Pain and Addiction Medicine Program
Mentor, MMAP (Medical Mentoring in Addiction and Pain)
Member, CSAM (Canadian Society of Addiction Medicine)
Member, CPS (Canadian Pain Society)
Director, Genomix Canada
Member, Personalized Medicine Coalition
______________________________________
www.circleofcare.ca www.genomix.ca

Unit 5 – 1385 North Routledge Park, London, Ontario N6H 5N5
Phone (519) 472-8282 Fax (519) 472-8281

Suite B – 3955 Tecumseh Road East, Windsor, Ontario N8W 1J5
Phone (519) 948-0768 Fax (519) 948-2681

Employer in Ontario wins Appeal against Human Rights Tribunal

The Divisional Court found numerous deficiencies in both the “reasons” and “the process” of an HRTO Hearing that found that the employer had been discriminatory in a number of ways. These deficiencies were so significant, that it was “not possible to say that this was a fair hearing, nor that the findings of discrimination were reasonable”. In one instance, the Divisional Court stated that the HRTO’s finding was simply based on a “bald conclusion that is unsupported by any factual findings”. The now overturned October 7, 2009 HRTO decision found that the employer’s policies for dress code and rules for using the microwave were discriminatory. The Adjudicator also found that employer’s method of discipline was discriminatory and the employer failed to properly accommodate her religious attire. Finally, the Adjudicator also concluded that given all of this other discrimination that occurred, some degree of “discrimination” must have contributed to the dismissal itself. The employer no longer has to pay the $36,000 award and the employee is ordered to pay $10,000 in damages. The case is remitted back to the Tribunal for another hearing. The decision as a “whole is fatally flawed”, “patently unreasonable” and should be set aside. The entire decision will be enjoyable for employers to read.

Link: Divisional Court Decision

Link: HRTO Decision

Posted by Cézanne Charlebois

First time WSIAT has ever been overturned by the Divisional Court in Ontario

In Amin v WSIAT [2009] O.J. No. 4715 the Divisional Court finally reversed the first WSIAT ever. Unfortunately, this case illustrates the tremendous challenges faced by employers especially as they relate to “probationary” employees who are not performing well.  The worker had only been employed for 11 days and was a probationary employee. The worker had been given notice (the first mistake by the employer) by the company that they were going to terminate him for poor performance and for mis-representing his experience. Shortly after that on June 5, 2004 (unknown and unreported to the employer) the worker sought medical attention for pain in his right hand, arm and back. His employment was terminated on June 9, 2004 prior to any form or WSIB claim being filed.  He received full LOE benefits for almost two months following his termination until August 5, 2004 and then appealed the denial of ongoing LOE past August 5, 2004.  Four years later,  after working 11-days, the worker claimed that he was still feeling the effects of the gradual disablement type injury that he sustained and for this reason, he indicated that he was unable to find employment. He spent his time tending to his children, and giving advice to new immigrants.

The WSIAT Reconsideration Decision dated July 17, 2008 (390/08R) revealed that this worker had reported another injury of right sided back pain in 2003 (before his employment with the accident employer) on his second day on a job where he was sorting light metal parts weighing not more than five or six pounds in total and wherein the worker complained the job was too fast paced and was repetitive work.  His claim was denied.  “As I reviewed this matter for reconsideration, I found the description of events by the worker to be strikingly similar to the present claim-works for a very short period, complains that the work is too fast paced and repetitive, does not involve heavy products, and does not report an injury to his employer” see para [25] of WSIAT Decision No. 390/08R.

This case reminds employers to:

  • Do an intensive and thorough background check on every employee;
  • Quickly, make the decision to terminate (without notice) during the probationary period when it becomes apparent that an employee has mis-represented his or her skill level;
  • Have written documentation to verify performance issues on a daily basis for probationary employees;
  • Seek out the advice of a lawyer who specialize in management side workers’ compensation law  to conduct Independent Medical Examinations (IME) or a disability related surveillance investigation to assist with decision making by adjudicators, Appeals Resolution Officers and Divisional Court Justices.

There is absolutely no medical evidence to substantiate any ongoing impairment in this case and a whole lot of medical resources were wasted trying to verify this workers’ continuity of subjective complaint (which is not one of the criteria for entitlement in workers’ compensation).  Both the WSIAT Panel and the Divisional Court appeared to reluctantly admit that the worker did sustain a minor repetitive strain injury over a very short period of time.  However,  the Divisional Court allowed the worker’s appeal and referred the matter back to another WSIAT Panel because the end date for LOE benefits was not substantiated by evidence (just like the worker’s complaints for the following four years).  This should have been established by the Case Manager long before it went to WSIB Appeals Branch, WSIAT and the Divisional Court.   An application for leave to appeal to the Court of Appeal was dismissed on February 3, 2010. And the application for leave to appeal to the Supreme Court of Canada was dismissed on June 3, 2010. We are certainly looking forward to how the new WSIAT Panel will determine the date on which the worker’s injury is no longer work-related.

Link: WSIAT Decision 390/08 (now overturned)

Link: Ontario Superior Court of Justice – Divisional Court Decision

Posted by: Cézanne Charlebois

Potential changes to workplace safety In Ontario

In late December, 2010, a 10-person Expert Advisory Panel on Occupational Health And Safety released a wide-ranging report recommending significant changes to the OHS system in Ontario. Amongst the recommendations, many of which are expected to result in structural changes to the OHS system or amendments to OHS legislation in the next year are that:
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  • the government create a new prevention organization to focus the OHS system, increase available information to the employer community, reward and accredit positive health and safety systems by employers;
  • mandatory training for new workers, supervisors, health and safety representatives be required;
  • enforcement be more stringent for businesses that engage in “serious and willful” contraventions;
  • changes to procedures for worker complaints of reprisal, or adverse employer action when they report a health and safety concern, and that prosecutions for reprisals occur;
  • mandatory fall protection training be required;
  • administrative monetary penalties be imposed by tribunals, in addition to court-imposed fines.

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For the complete Heenan Blaikie OHS Group analysis of potential future changes, READ MORE.

Posted by Cheryl Edwards

WSIB and OHS for Employers in Ontario – January 2011

Upcoming Seminars for Employers:

FEBRUARY 17, 2011:

1. Reducing the Duration and Costs of Occupational Disabilities using the SPICE Model

Presenters: Dr. Ketan Patel, Physican and Cézanne Charlebois, Lawyer

In utilizing elements of the S.P.I.C.E. model (Colledge et al, 2000) this Complimentary Breakfast Seminar will be presenting some of the materials that will be used for a presentation at the Annual CSSE 2011 Professional Development Conference and Exhibition in Whistler, British Columbia on September 18-21, 2011.

Come and learn how S.P.I.C.E. can provide your company with a whole new model for managing injuries, disabilities and mental illness in the workplace.

Location: 341 Talbot Street, London, Ontario (Main Floor Boardroom) Time: 8:00 a.m. – 9:00 a.m.

Advance Registration is Required
Contact: admin@charleboislaw.com

APRIL 6, 2011:

Workplace Safety and Insurance

I am m pleased to inform you of an upcoming seminar I will be moderating and speaking at. I think this program will be of particular interest to you and I would like to personally invite you to attend.

April 6, 2011 in London, ON

Because I am a faculty member, you can receive 20% off the fee. Please click on the link for more details: www.lorman.com/386680 (then click on Printable Brochure)

If you or any one of your colleagues wish to attend, there are several easy ways to register:

  • Complete the registration form and fax or mail the form and payment to Lorman Education Services
  • Register online at http://www.lorman.com
  • Call 1-866-352-9539 When registering, use priority code 15800 and discount code F2716129.

 

WSIB and OHS for Employers in Ontario – December 2010

Have a Safe and Joy filled Holiday Season

Sharing two videos that may bring you tears: Some of you have already received the second video earlier this week. We received lots of feedback that it moved people to tears. That means it’s a keeper and should be shared on a bigger scale. So here you go. We found the perfect prelude to that video.

Seven Wonders (be sure to stay until you hear the second set of “7 wonders”)

Random Acts of Culture and the wondrous gift of “hearing” 

 

WSIB and OHS for Employers in Ontario – December 2010

Two Employees With Back Injuries Fired for Lying

1. These cases are too good not to share:

Two recent arbitration decisions in Ontario and Manitoba are good news for employers! They involve employees who claimed to have disabling non-compensable back injuries which prevented them from performing their regular duties. In both cases, the employee received short term disability benefits and then applied for Long Term Disability Benefits. One was denied for insufficient medical information. Both intentionally misrepresented their physical abilities and gave misleading or untruthful information to the employer or the disability insurance provider. These unionized employees were fired for lying and both dismissals were upheld at arbitration. It was only through video surveillance investigations that fundamental discrepancies were found in the information provided by the medical doctors and the allegedly disabled employees and their true level of activity. Based on these discrepancies, the employees were fired for lying and both dismissals were upheld (the Ontario grievance appears to have been heard in 10 long days of arbitration).

Here are the cases:

Ontario: Kingston (City) v. C.U.P.E., Local 109 (McLaughlin Grievance) Award: March 12, 2010

Manitoba: Winpak Ltd v. Communications, Energy and Paperworkers Union of Canada, Local 830 (Cook Grievance) Award: April 15, 2010

A caution about Surveillance Investigators: At Charlebois Associates, we have used investigators from Windsor to Barrie and we know that this is a significant expense for employers (approximately $1,000 / day). Surveillance that is well conducted is invaluable, especially if you obtain results like those mentioned above. Picking the right investigations company is crucial to your success and the process must be carefully conducted to protect you from claims that you are crossing the privacy line or abusing any number of potential or alleged protected employee rights. If you would like to read these lovely cases, or would like assistance with any matter involving the possible need for surveillance, please send us an email.

2. ‘Interim’ Work Reintegration Policies (the in-house LMR, which really means “in the employers” house LMR) became effective on December 1, 2010. Charlebois Associates will be hosting complimentary information seminars for employers in Windsor, London and Toronto in January 2011. Send us an email if you would like further information on these sessions.

WSIB and OHS for Employers in Ontario – November 2010

WSIB Update

1. September 30, 2010 NEER Firm Summary Statements are coming in. If you need to launch an Appeal on one of your costly claims, we can help.

2. 4-year NEER Window: The NEER window is being expanded (for now) to a 4-year NEER starting presumably in 2011 and beginning with the Accident Year 2008 (now, that year will stay on your NEER statement for one more year until September 30, 2012, and claims with an Accident Date in 2009 will stay on your NEER until September 30, 2013). Allegedly, the 4-year NEER window is not finalized yet as stakeholders are asked for their input up until February 15, 2011. We strongly urge ALL employers to send Maureen Mullen, Director of Benefits Policy your thoughts on the 4-year NEER.You might want to say “No Thanks” to the 4-Year NEER window.  Or you might suggest that the WSIB should be slashing some costs internally rather than heaping higher premiums and longer periods to pay on employers.

They have already raised premiums (below) and lengthening the NEER window will not improve Return to Work Outcomes, it will only shift more of the costs for a loner period onto employers. We expect however, that the “stakeholder input” is just another ruse. The WSIB will likely increase the NEER window for the next few years until it is a 6-year-NEER.

3. “Modest” Increase in Employer Premiums (2011 and 2012)
Just a few days after his talk in Toronto (see our September 30, 2010 Bulletin for details of his talk), WSIB President David Marshall came through with his promise to increase employer premiums for the next 10 years in order to eliminate the $13 billion dollar unfunded liability. While the premium increase is said to average around 2% that is an average, with some employers getting no increase and many getting as high as 20% Motor Vehicle Fabric Accessories, 17.5% Homes for Nursing Care, 9.0% Masonry, 13.1% Tobacco and Mushroom Farms, 19.5% Poultry Farms and Agricultural and 13.5% for Motor Vehicle Assembly.

4. ‘Interim’ Work Reintegration Policies (the in-house LMR, which really means “in the employers” house LMR) are effective in a few weeks on December 1, 2010. Charlebois Associates will be hosting complimentary information seminars for employers in Windsor, London and Toronto in January 2011. Send us an email if you would like further information on these sessions.

 

WSIB and OHS for Employers in Ontario – September 2010

WSIB Update

September 28, 2010 – An evening with David Marshall, New WSIB President

On Tuesday evening, in downtown Toronto, a small group of very dedicated WSIB professionals had the opportunity to hear David Marshall speak about the WSIB‟s unfunded liability. Mr Marshall is the new President and CEO of the WSIB (see our August Bulletin). Given the mess he has willingly stepped into, we should assume (or at least hope) that this gentleman loves a challenge, is a top-notch administrator, and has tremendous regard for OPM (other people’s money). Time will tell, but it is comforting to know that as a former Assistant Auditor General and Deputy Receiver General for Canada, he knows how to count and can read a balance sheet.

Mr Marshall started with a brief historical genuflection to 1915, the „historical compromise‟ and the founding Meredith principles. Then he began his talk about the 12 billion dollar unfunded liability by telling us that “the WSIB is a good sound system and we should nurture it, protect it, and improve it”. In asking the rhetorical question “how did we get into this position”, Mr Marshall‟s answer will disappoint many of the 230,000 registered employers in Ontario.

Here is what he said:

  • Premiums have not kept up with claim costs
  • Businesses have to pony up
  • “Businesses have run up a 12 billion dollar tab”
  • “In fact this is money owed by employers to injured workers”
  • “We should ask employers what have they done with the 12 billion dollars”

And how are we going to get out of this situation, he asked:

  • First, the unfunded liability will rise to 13-14 billion dollars in the next 3-4 years. It will take time to control, about 10-15 years (presumably this is different from the unfunded liability of the 1990s that they promised to pay down by 2014)
  • We will have another major consultation
  • There will have to be steady premium increases for the next 10-15 years
  • It is a shared responsibility to fix the problems within the compensation systemSome disturbing information:
  • There are 250,000 claims in the WSIB inventory that have a projected lifetime cost of 45 billion. We would need 23 billion in the bank today to meet the obligations of these 250,000 claims, or 45 billion in the future. [Well, if that‟s the case, then the unfunded liability currently sits at 23 billion, not 12 billion – that‟s what an unfunded liability is, the current shortfall to generate the future liabilities.]
  • Currently, Ontario has the highest premium rates in the country [According to the Association of Workers‟ Compensation Boards of Canada, Ontario is actually 4th on the list; but why be picky?]
  • Ontario also has the highest rate of Permanent Impairment injuries in the entire country.[Again, the AWCBC doesn‟t think so – and it must be understood that other provinces don’t regularly provide permanent awards for the hazards of aging, just the effects of injury.]“Our Goal”:
  • According to Mr. Marshall, it’s to “protect the benefits to injured workers”
  • To nurture, protect, and improve the WSIB system
  • How about creating a system that is fair, accountable, and financially responsible?[Cézanne’s goal]
    Questions from the Audience that deserved a standing ovation:Q . It appears the Board is having an identity crisis. Will this next set of consultations answer whether or not the WSIB wants to be an insurance agency, or a social service agency? (Thank you, Jason)A. …[dodged]Q. The WSIB appears to be on the verge of being sucked into a vortex of financial collapse. Are there any plans for a major re-thinking and re-structuring similar to Ontario Hydro that would break the WSIB up into manageable parts that are more in alignment with their original purpose? It would appear that all we are doing is re-arranging the deck chairs on the

Titanic. (What a fantastic question, Norm).

A. “cutting off parts, would be like re-arranging the deck chairs” [Can‟t you hear the chorus starting up? “It‟s a good sound system, we should nurture, protect, and improve it.”]

Q. Oh yes, and the eloquent and insightful chair of this meeting asked about the rumors regarding a 6- Year NEER Window, and the end of SIEF (Stephen).

A. Yes, a 6-year NEER window IS coming for sure. [The answer to the SIEF question was unclear; it appeared that the President and CEO did not really understand SIEF since he started talking about recurrences. And as SIEF is funded out of premium dollars, should we assume premium rates would decrease commensurately with eliminated SIEF? And if SIEF is on its way out, does that mean the Hamilton-based „No, you can‟t have any‟ desk will need to be transferred to the new “work reintegration” (formerly known as LMR, department)?]

One Ray of Hope:

There WILL be a Value for Money Audit to examine the “Adjudication Process”. However, my concern is that employers are so jaded and tired of consultations that go nowhere, they will not even lift their heads to participate in yet another round.

After hearing Mr Marshall‟s brief talk on Tuesday evening, I am quite certain that either he has a lot to learn about WSIB, or his speechwriters missed the boat (Carpathia).

Personally, I think there should be an absolute moratorium, both on premium increases and further “consultations” (how much do these things cost?) until WSIB offers employers some very substantial cost cutting and significant trimming within the system first. Perhaps they could start with

their bloated management level – of the nearly 5,000 employees at WSIB, only about 1,000 actually do the work of managing claims and benefits. And there are close to 300 of their staff earning in excess of $100K per year.

 

WSIB and OHS for Employers in Ontario – January 2010

OHS Updates

1. Bill 118 in Ontario (Countering Distracted Driving) effective October 26, 2009 and prohibits the use of devices with display screens and hand-held cell phones to be used while driving. Texting or dialing at red lights is NOT permitted. Vehicles must be off the travelled part of the road and not in motion. Police start ticketing on February 1, 2010. New challenges to address in your policies relate to device users who continue to dial their cell phones and wireless hand held devices because the voice activation command prompts for dialing a call are not adequate. We recommend an update to your OHS policies and communication of these new policies to all employees who use company provided cell phones or BlackBerry devices.

Link: Bill 118, Countering Distracted Driving and Promoting Green Transportation Act, 2009

2. First Aid CPR Training: We offer a variety of First Aid CPR courses including our newly designed Workplace First Aid Training. This course prepares your dedicated first aiders by using training, scenarios and equipment customized to reflect your work environment. With a focus on scenarios, as well as the supplies, protocols and paperwork needed to handle emergencies most effectively, this course will prepare your company like no other. Course graduates receive 3-year Canadian Red Cross First Aid, CPR and AED certification.

Link: contact Jordon at www.charleboislaw.com

3. Informative Due Diligence case R. v. Lonkar (2009) from the Court of Appeal in Alberta, (young worker disobeyed, fatality, and employer not liable). The basis of this appeal relates to the instructions, training and warning provided by the employer and it is instructive for all employers. This case is a must read for anyone interested in Due Diligence.

Link: R. v. Lonkar (2009) 

 

WSIB Updates

1. WSIB Alert: There are many changes occurring at the WSIB affecting employers in Ontario. Some of these are: the new Second Injury Enhancement Fund (SIEF) team in Hamilton, more reductions in the number of WSIB Investigators, the reported removal of all WSIB ergonomists and the WSIB’s review of Joint Health and Safety Committee (JHSC) Certification Standards. Employers are urged to go to the WSIB website and read this consultation report and submit your comments by February 5, 2010. The WSIB is considering making the Part I JHSC Certification Training a minimum number of 3-5 days in length. This is certainly not appropriate or cost efficient for lower risk environments. Also, there are some rumblings that the Hamilton SIEF team appear to be inspired by the Morneau Sobeco Report. Employers and consultants have been receiving decisions where “minor” workplace accidents are being classified as “moderate” and consequently, the level of SIEF is being reduced in these claims to 25%. Employers are advised to remember that a “moderate” accident is not determined by the injury or outcome for the worker but by what would reasonably be expected from an accident of that nature. A moderate accident is EXPECTED to cause a disabling injury. If the outcome of the accident is enhanced by other factors relating to the worker’s health, this is not a basis to call the accident “moderate”. Contact us if you have received one of these decisions and would like some assistance www.charleboislaw.com.

2. CAD-7 Alert: Try to never let your Lost Time Claims go longer than 7-days (ever). Otherwise the claim will count on your frequency index for the next two years. A frequency index of 2 claims in one year can put you in a surcharge position. Reminder: Favorable CAD-7 decisions that you receive in the current year (2010) will not show on your CAD-7 statement until the next year (2011). If a worker has a Repetitive Strain injury or Musculoskeletal injury, contact us at www.charleboislaw.com and we will help you prevent that claim from going over 7 days.

OHS Bill 168 Complimentary Checklist for Employers: In Ontario, this bill has received Royal Assent as of December 15, 2009 and becomes effective for employers in Ontario on June 15, 2010. Employers are now required to have a violence and harassment prevention policy posted and a training program in place. Click here to receive your copy.

Link: Violence & Harassment Prevention Policy Checklist

 

Get Involved & Make it Better!

1) Go on the WSIB Website and send your thoughts about JHSC Certification before February 5, 2010 2) Click on the CCOH site and send a letter to Stephen Harper about the export of Asbestos. I’ve even added the PM’s contact info here. All you have to do is cut and paste the CCOH letter and send it here! Thanks to the Canadian Occupational Safety Magazine website for bringing this to our attention.

February 2010 Bulletin: 

Complimentary Bill 168 Policy for Employers; IRS; Important Clause for Employment Policies: to prohibit employees from speaking about company, brand, or any employee on social networking sites; WSIB Appeals and Complimentary Seminars for Employers, other groups, firms or associations (on-site or in-house).