Coquitlam man Giorgio Cima hasn香蕉视频直播檛 once been interviewed by , yet his claim for workers' compensation was rejected in a case his lawyer described as 香蕉视频直播渙utrageous.香蕉视频直播�
Fort Nelson resident Bruce Erskine remains hobbled by a forklift accident more than eight years ago, but his WorkSafeBC claim remains unresolved.
These two cases have prompted the NDP香蕉视频直播檚 WorkSafeBC critic, , to call for a review of the organization.
Simpson was reacting to two recent B.C. Supreme Court decisions that found the decisions by the 香蕉视频直播� the independent body that hears appeals of WorkSafeBC rulings香蕉视频直播攚ere 香蕉视频直播減atently unreasonable香蕉视频直播� in denying the claims made by Cima and Erskine.
香蕉视频直播淭he system is far too litigious,香蕉视频直播� Simpson said. 香蕉视频直播淭his can go on for years香蕉视频直播f you香蕉视频直播檙e dealing with corporation to corporation, that香蕉视频直播檚 one thing香蕉视频直播ut when you香蕉视频直播檙e talking about individuals and their families and they香蕉视频直播檙e worried about their income and families, it香蕉视频直播檚 got to work a different way."
, who represented Cima pro bono, said he believes many people with genuine workplace injuries that merit compensation, simply throw their hands up and walk away because they can香蕉视频直播檛 afford to hire a lawyer or pay for medical experts to back their claim.
香蕉视频直播淚f they don香蕉视频直播檛 have a mental condition before they enter the system, they surely do shortly thereafter,香蕉视频直播� he said.
TOXIC WORKPLACE
Antibiotics were flowing into the vein in Giorgio Cima香蕉视频直播檚 right arm at a clinic in downtown Vancouver when his lawyer phoned to deliver some good news.
It was Wednesday, May 25, and the and set aside a decision by the Workers香蕉视频直播� Compensation Appeal Tribunal that rejected his claim.
香蕉视频直播淔inally, someone believed in me,香蕉视频直播� Cima wrote in an email to Black Press about the decision. He said it brought tears to his eyes and some hope to his family.
His supervisor at Delta香蕉视频直播檚 Intact Distributors had been bullying him, Cima claims, specifically after an illness robbed him of his speech in 2012 and he began to communicate with e-mail and text messages. (Cima was previously diagnosed with the fatal neurological disease ALS, or Lou Gehrig香蕉视频直播檚 Disease, but is now undergoing treatment for Lyme disease, whose symptoms mimic ALS.)
The situation came to a dramatic head on Christmas Day in 2013.
As he sat down for dinner with family and friends, he received a shocking text message from his boss, who called him a 香蕉视频直播渞etard香蕉视频直播� and a 香蕉视频直播渃rayon-eating motherf**ker.香蕉视频直播�
WorkSafeBC denied his claim for compensation, and when he appealed, the tribunal said in its ruling that the supervisor didn香蕉视频直播檛 intend to 香蕉视频直播渋ntimidate, humiliate or degrade香蕉视频直播� Cima.
He has been reflecting since the court set aside that ruling, and is hopeful he香蕉视频直播檒l soon get better news about his claim.
香蕉视频直播淚 was shocked to find that an organization that should be there for workers is in fact more for the employer,香蕉视频直播� wrote Cima, who has worked in Canada for more than 25 years. 香蕉视频直播淭he fact that they didn香蕉视频直播檛 interview me or contact me to this date supports that.香蕉视频直播�
Anderson said he agreed to represent Cima because it was 香蕉视频直播渙ne of the most outrageous香蕉视频直播� cases he香蕉视频直播檇 ever come across.
香蕉视频直播淚f his case didn香蕉视频直播檛 meet the standard for workplace bullying and harassment, there is no standard,香蕉视频直播� he said.
INJURY, FIGHT TAKE TOLL
On the same day Cima was sitting inside that downtown Vancouver clinic,
But Bruce Erskine, 63, didn香蕉视频直播檛 view his win as good news.
Back in 2008, he was run over by a forklift driven by his boss at Skinner Bros. Transport in Fort Nelson.
香蕉视频直播淚 thought he cut me in half,香蕉视频直播� Erskine recalled of the forklift knocking him to the ground and its tire crushing his left foot as his leg was pulled under the counterweight.
WorkSafeBC denied his claim for compensation, he said, because a doctor chalked his injury up to soreness from pushing an ATV weeks earlier and not the forklift after an initial X-ray suggested his foot was merely strained.
But eight months later, Erskine香蕉视频直播檚 foot still hadn香蕉视频直播檛 healed.
It wasn香蕉视频直播檛 until 2014, four specialists later, that a different type of X-ray revealed an injury that another doctor attributed to the forklift accident.
He appealed to the tribunal, but the body refused to admit the new medical evidence, saying Erskine was not credible.
In May, the court ordered the tribunal to take a second look, saying that line of reasoning was 香蕉视频直播減atently unreasonable.香蕉视频直播�
But the judge didn香蕉视频直播檛 bring him any closer to his goal of getting WorkSafeBC to review how its staff handled his case and revoke their credentials.
The words of a WorkSafeBC claim manager many years ago infuriate him to this day.
香蕉视频直播淗e told me on the phone, 香蕉视频直播業f we had to look after people like you, we would be bankrupt overnight,'香蕉视频直播� he said. 香蕉视频直播淭hey think they can walk over and step on people.香蕉视频直播�
WORKSAFEBC SAYS SYSTEM WORKS
Scott McCloy, spokesperson for WorkSafeBC, said he was unable to comment on the two cases, noting that both legal matters are ongoing.
WorkSafeBC and its staff 香蕉视频直播渨ork hard to get decisions right the first time,香蕉视频直播� he said, and both the appeal tribunal and B.C. Supreme Court are in place 香蕉视频直播渢o ensure justice can be done.香蕉视频直播�
McCloy denied that WorkSafeBC is an adversarial system, and said it香蕉视频直播檚 actually an 香蕉视频直播渋nquiry-based system.香蕉视频直播�
He said sometimes facts are obvious, but in some cases 香蕉视频直播渋ssues are highly complex. Often people try to make them simple, but they香蕉视频直播檙e not.香蕉视频直播�
