Wednesday, February 24, 2010

Alberta Workers Compensation Board...

..Corporate Security try to intimidate advocate Gerry Miller.
The attached letter was sent to injured worker advocate Gerry Miller by WCB Corporate Security Ross Arrowsmith. The following letter is from Alberta WCB Security Ross Aerrowsmith. And Gerry Millers reply follows. Please click on the letter to enlarge it.
February 18, 2010

Here is Gerry Millers letter to WCB Security Ross Aerrowsmith .

WCB Corporate Security Claim #349-0479
150 4311-12th Street NE
Calgary, Alberta
T2E 4P9

Dear Mr. Arrowsmith;

I have taken the liberty of providing your address to allow other interested parties to contact you in regard to this matter which may or may not result in numerous letters supporting my right to free speech, both orally and written.

It seems someone in WCB took exception to my 33 page letter to the WCB Board of Directors, the president of WCB, the Minister in charge of WCB and to the Case Manager Natasha Bakala who in essence was not the intended primary receiver of the letter but a secondary recipient who as I had indicated in the letter that she is not a qualified legal expert, nor is she a qualified medical expert and her explanations relative to claim 349 0479 were incorrect which seems to be the norm according to the documentary evidence contained in these file and admitted by WCB Medical Advisors and two Directors, one Dave Verbicky and the other a former Director of the old CSRC now known as the DRDRB, Dirk Smith.

The following statements were made by me within the context of the 33 page letter which I will if requested, post on the Internet. Unlike WCB I do believe in transparency and believe that there is nothing that I have written would be considered to be a direct threat or intimidation as you state in your letter. I would also advise you that in Canada that all citizens are guaranteed freedom of speech, orally and written. Freedom of speech allows a person to open discussion specific to any subject unless freedom of speech crosses the line and becomes a direct threat.

For example: I can discuss the threat of fire in a crowded hall but I do not have the right to scream “fire” I don’t know where you were born and raised and it may be that you were born and raised in a country that did not allow free speech, orally or written but all Canadians have the right to free speech. I also do not know where you received your legal training that you believe that you have the right to suppress any dialogue that does not pose a direct threat to the recipient of a letter. If discussing why disabled workers as well as most other citizens of this country view WCB systems with contempt and hatred I suggest that you use your investigative powers to determine why. Clearly, there are people within your organization that are causing the proven culture of denial and they must be found and fired.

Incidents of violent acts such as was witnessed by the hostage taking came as no surprise to me and a CBC reporter who interviewed me asked me if it may happen again. My answer was “Of course it will” and most likely will end in a worst case scenario then the incident with Mr. Clayton.

I have contacts all across Canada who are disabled workers and have requested my assistance with their claims which also includes a Case Manager who was employed by WSIB in Ontario who was totally disabled on the job just as was Thomas Shuchuk ( Alberta WCB) and had to fight for benefits that by law were entitled to. The people I have talked to had indicated that if they could get away with killing any doctor or WCB employee they would not hesitate. This is very disturbing to me as I do not believe in violence and if their claim had been adjudicated fairly and as Justice Friedman stated that at the end of the day a person should not feel that they have been treated unfairly.

In my expert opinion, Mr. Clayton should not be incarcerated as it is very clear that he most likely would or should have been diagnosed as having a mental condition called “Dissociation State” or “Dissociative Disorder“ at the time of his hostage taking. This disorder precedes PTSD which involves depression, anxiety, and substance use all which would have been caused by Mr. Clayton’s perceived or alleged treatment of him by WCB. In fact WCB is the primary contributor of workers who because of the culture of denial suffer PTSD. Studies have shown that losing a job or being unable to work is as stressful or more stressful then losing a loved one.

Accordingly Mr. Clayton should be institutionalized, treated accordingly until such time as an inquiry into his claims against WCB could be verified. What he done cannot be justified but why he did it should be public knowledge. Had Mr. Clayton been intent on hurting or killing any one he would have not gone to a public place, rather he would have stalked the individuals he believed were responsible and done whatever which may be the way another disgruntled worker may choose to do in the future. Clearly if a decision maker or doctor has not done anything wrong, then there is no threat of people resorting to violence because they feel that they have not been treated fairly.

In analyzing your silly and senseless letter directed to me it would be fair to suggest that WCB does not want to hear about the workers who have been illegally deprived of benefits and harbour extreme contempt and hatred for the people who have destroyed their lives as well as their families lives. What is wrong with discussing an extremely explosive situation with the President, the WCB Board of Directors and the Minister in charge of WCB. Would you rather that I or any one else when learning of a plot to cause injury or death to a WCB employee simply keep this information to themselves?

For your information I have discussed what could be done to fix the proven culture of denial with a Conservative MLA. His reply was to blow the whole thing up and start from scratch, replacing all WCB employees as well as the Appeals Commission. I also was contacted by a claimant who taped a conversation with another MLA who suggested that violence was the way to ensure change. Perhaps I could request that some of my contacts across Canada provide you with visual examples of a disabled worker who is depicted in a photograph hanging from his neck, this all caused by WCB.

I have also received e-mails from a disabled worker who did in fact steal guns to commit murder against WCB employees and he has no qualms about admitting that he did so. If you would like his name and where he lives, I am sure he would send you any information you require as to how your wonderful system has ruined his life. Would you rather not hear, see or discuss what you and your fellow workers are doing to disabled workers who have the misfortune to suffer injuries and diseases that arose out of and occurred during the course of employment and do not completely recover from these injuries or diseases. Eventually all your lies and illegal decisions will be brought out into the open.

You suggest that you are committed to providing a safe environment for WCB employees and customers. Who may I ask are your customers. From my understanding, your customers are disabled workers, the public and the employer a.k.a. stake holders. Please explain what you do to provide security for disabled workers or for employers who are victims of a corrupt system. Disabled workers in reality are victims by virtue of having their claims and benefits illegally denied and employers are victims by paying premiums into a system to provide for disabled workers and then having to pay additional support through taxes to pay for medical support and income support to the thousands of workers and their families who have become a burden on families, friends and society. This is not the system that was promoted by Meredith.

I suggest that you read my letter again and point out where I made any statements that made any reference to any direct threats or violent acts that would be construed as me being the one to carry out any threats or violence against anyone in WCB. I also have never suggested to any one that they should resort to violence in attaining justice. As you know or should know you do not shoot the messenger just because they are alerting you to the fact that the employees of WCB and the Appeals Commission face great dangers in their day to day lives simply because of the way they treat disabled workers and is brought on by themselves by illegal decisions. It is a well known fact that if you treat people with dignity, respect and fairness, a person should not fear for their safety. I take notice that you make no mention of Ms. Bakala’s disrespect for me when she sarcastically remarked that I am wasting my time and should find something better to do then to continue to fight for justice. If I am treated with respect, dignity and fairness, I treat others with respect, dignity and fairness and is the reason why I have no enemies other than WCB who I have heard despise me, am not afraid to go anywhere, can sleep at night and not have any fear for my safety.

For your information, knowledgeable people like myself pose a greater danger to WCB than some disgruntled and depraved worker who resorts to violence. Violence is not the answer. Education and knowledge is the answer. Rather than harm WCB employees a worker should be finding ways to harm WCB by attacking their bottom line which is all about money. If WCB can be found to be guilty of human rights violations or contravention of the Charter and forced by the courts to pay restitution to disabled workers, this is what disabled workers should be striving for, not resorting to violence.

There are thousands of employers who do not require any security simply because of how they treat employees and customers. The only employers and individuals who have to look over their shoulders are employers and individuals who lie and cheat their friends, relatives and customers.
Perhaps your letter should have been directed to Justice Friedman as he is directly responsible for planting the seeds of hatred into the minds of workers when he found that there was a culture of denial which there most surely is and cannot be denied especially when an independent and well respected Judge makes these findings after a thorough investigation. Much of this could have been rectified if long outstanding claims could have been heard as was promised by the lying and incompetent Conservative Government. The environment of mistrust, contempt and hatred of the whole system rests on the shoulders of each provincial government who support this environment.

Your reference to your position as Senior Security Advisor does not impress me, nor does it intimidate me. Perhaps if you and others such as the President, Board of Directors and the Minister in Charge of WCB would get off your fat asses, climb down from your ivory towers and remove your rose coloured glasses and get into the trenches with the real people like Justice Friedman and myself have done you would acknowledge that you have created an extreme environment of contempt, hatred and threats of violence by workers who before their involvement with WCB were peaceful, caring, loving individuals who would not think of hurting anyone.

For you to threaten me for speaking out is dictatorial and an abuse of power. I suggest that you read the letter over again and attempt to understand that this letter was directed more so to the Board of Directors. Mr. Kerr and Mr. Lukaszuk within the body of a request to Ms. Bakala to consult with her superiors prior to making any decision regarding chronic pain and how your chronic pain policy is discriminatory.

She also refuses to admit that Ms. Miller was provided permanent work restrictions by an Orthopaedic Surgeon restricting her to not using her hands at all which resulted in a total loss of earnings, yet no loss of earnings were ever provided. She was also found to have a PCI rating of 5% UE impairment bilaterally due to chronic pain caused by a residual CTS by an Orthopaedic Surgeon who at the request of the American Medical Association using the AMA Guides made this determination. Ms. Miller was illegally denied any benefits for chronic pain for a discernible medical condition as well as for chronic pain caused by a non discernible medical condition. Perhaps you should be investigating why rather than threatening me or is that beyond your capabilities.

I must say that I take exception to elected Federal Representatives making a national issue out of how Afghani terrorists are treated after they are captured, yet the Federal Government or the Provincial Governments don’t give a rats ass as to how Provincial WCB systems treat our own disabled citizens. I really could care less how a terrorist who blows up innocent women and children is treated, however I do care about how my fellow countryman are treated by WCB systems and I will continue to speak out regardless of intimidation or threats by you or any one else.
I ask you, who is better off, the Terrorist who knows and expects what the consequences of his actions are or the naïve and gullible worker who has been coerced by Provincial Governments that WCB will look after them, treating them with fairness, dignity and respect if they are suffer an injury or disease. That is a blatant lie as many disabled workers have found out. Disabled workers find out that their fate is death by attrition.

You end your letter suggesting that if I don’t curtail my behaviour of discussing (freedom of speech) how disabled workers feel that my access to WCB would be limited through a designated representative. Clearly, if a Case Manager is so thin skinned as to feel threatened by the mere mention of how disabled workers feel, I would suggest that the person is placed in some type of work environment where they can hide from the realities of life. Restricting access to WCB seems rather odd as I am not a claimant, I am instead a member of the public who have concerns of how disabled workers are treated.

My concerns and should be your concern as well as to why our taxes are being used to pay for health care costs and income support programs for disabled workers that I do not believe we should be paying for, as that was the whole idea behind the formation of WCB. Who may I ask would be the designated representative and how would this designated representative represent me when I have no claim. Personally I would prefer not to correspond with any of you as I do have better things to do than to correspond with a bunch of misfits that are responsible for countless suicides, family break-ups, alcohol and substance abuse, homicides as was determined by Justice Friedman who made many recommendations which were thrown into the garbage rather than to order an investigation into his allegations.

Personally I am not an injured or disabled worker, have never filed a claim and never will. My concern rests not only with justice for Ms. Miller, but justice for all workers who have had their claims and/or benefits illegally denied. There is nothing in this for me other than the satisfaction of having WCB and the Appeals Commission admit that they have made numerous mistakes. That is the only reward or satisfaction I hope to achieve.

Being that I have access to workers, newspapers, MLA’s and WCB’s throughout Canada, I will circulate your letter dated Feb.10, 2010 throughout Canada just to show how repressive the whole system really is. Clearly someone in WCB handed the 33 page letter to you and you either were ordered or took it upon yourself to threaten or intimidate me hoping to shut me up. Don’t be surprised if you receive mail form numerous disabled workers from across Canada. You may even be sent the picture of a disabled claimant hanging from his neck that you could circulate throughout WCB to show what Case Managers, DRDRB members and Appeals Commissioners are doing to disabled workers.

You certainly don’t commit suicide because you have a hangnail.

In closing, and to not offend anyone who are affected by what is happening in the real world, I will refrain from offending these thin skinned individuals who know that they are the reason why there is such contempt and hatred towards WCB employees by not discussing verbally or in written form any mention of how disabled workers feel. I will restrict my correspondence to the matter at hand but continue to provide disabled workers throughout Canada with assistance in their claims as well as lobbying MLA's to either fix the system or get rid of it entirely.

For your information, I am also representing another claimant who was denied any access to oral or written contact with WCB due to him stating to a Case Manager via a telephone call that WCB was bullshit and he would not be sorry if someone came in with a shotgun and blew every one away. This individual has been diagnosed by independent Psychiatrists and Psychologists as being homicidal and suicidal due to his mistreatment by WCB.

I have known this individual for nearly 60 years and prior to his severe injuries he was a loving husband and father, was not violent and he was respectful of all persons. For him to change this drastically is a cause for concern but you don’t have to be a rocket scientist to determine who caused this violent and disrespectful behaviour.

Gerald K. Miller

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