My Story – Introduction
My name is Paul Taylor, I live in the Province of Ontario, within the country of Canada. I have been an injured worker for more than twenty-three years now.
Since my debilitating workplace accident of February 6, 1997, I have fought with my employer, the workers compensation board - WCB, the workers compensation appeals tribunal - WCAT, and within the court system.
I presently have two matters or applications for leave (I am asking permission to appeal two appeals from the Court of Appeal for Ontario), before the Supreme Court of Canada.
The first is regarding a national importance issue of whether an injured worker, in the right situation can sue a workers’ compensation board and/or a workers’ compensation appeals tribunal. The Court of Appeal for Ontario, in their decision, claims a Superior Court lacks jurisdiction. I respectfully disagree. As a superior court is a court is of inherent (constitutional authority) jurisdiction, which cannot be ousted by a Provincial legislature in a law they create. To do so would violate the very principles of the Rule of Law, which is what Canada is governed by.
This is the story of not just about my fight but about my workplace, my workplace accidents, my workplace injuries, as well as my horrific dealings with my employer, the WCB, the workers compensation appeals tribunal and the court system.
I am telling my story, so, you will learn from it and encourage you & others to share your story and join the fight.
Within my story you will hear:
Employer involvement & WCB/WSIB
- How my employer intentionally and knowingly suppressed numerous work accidents and the resulting injuries, I was involved in. This even included several instances, when I was working in what the employer claimed to be safe, suitable, modified work.
- How my employer’s client, Canadian Tire, fired me, if one can say that, simply because I was an injured worker.
- How my employer forced me back to work through commonly and well-known intimidation tactics.
- How my employer lied to the WCB, claiming I never reported any ongoing complaints from my work injuries.
- How even after I proved my employer had lied about me reporting numerous ongoing complaints from my work injuries and even took days off work, the worker compensation board did not punish my employer, but instead financially rewarded my employer for their deliberate deceptions.
- How the WCB claimed I was only claims three years after the work accident of February 6, 1997 that I only injured my lower-back, yet the reports of injury clearly show the accident and subsequent reporting of injuries to my lower-back, mid-back, upper-back, neck, and head, and there is no record of any denial of injuries in my claim file.
- How the WCB forced me back to regular work, on numerous occasions, knowing it was legally unsafe & unsuitable for me, as a truck driver, this was due to me being prescribed numerous impairing, opioid pain medications, and was also against my doctor’s orders.
- How the WCB would disguise, my ongoing problems, from the numerous repetitive strain injuries, as nothing more than a pre-existing age-related condition, even though no doctor has said the degenerative disc disease - DDD was an age-related condition. Moreover, scientific medical research would prove it is virtually impossible for someone at the age of 29 to have as an age-related DDD condition.
- How, on more than one occasion, the WCB would have their paid doctors say that I was fit for regular work, even though the doctors never examined me, and it was against my doctor’s orders.
- How the WCB paid a doctor to examine me and then say that after me having the injury for more than a year and half, I would be fully recovered in six to eight weeks, with no formal medical treatment.
- How the WCB would take more than three years to determine my lower-back injury, was a permanent injury, the only injury they claimed to have accepted, this, even though their own board policy for similar injuries of soft tissue injuries would be approximately three to six months.
- How when the WCB determined my employer, Action Force, had not been co-operating, when my employer wrongly terminated me, which my employer falsely claimed I was terminated due to absences, and was later proven a fabrication on the part of my employer, Action Force.
- How when the WCB sent me for retraining, I had reported I had a pre-existing disability of being colour-blind, first said it would not be a problem, then later claimed it was not a recognized disability.
- How throughout the retraining program whenever I expressed great concern over the suitability, of the retraining program compared to the job, I was threatened and intimidated that I would be deemed un-cooperative and my benefits would be cancelled. The first concern I raised was the fact that the WCB had selected the incorrect job (SEB) that I would be retrained for with the retraining program (LMR) they had selected for me. The WCB claimed I would become an Engineer with a one-year college program. I knew this was false as engineers in the province of Ontario are required to undertake a four-year engineering university program. After which they are required to write a certification exam. This made the engineering job (SEB) unsuitable due to lack of proper education requirements, which was ignored by the WCB.
- How the second concern I raised regarding suitability of the improperly selected job (SEB) by the WCB was that the working requirements were not what I was told I would perform by the WCB. This, when compared to my need for accommodations, which the WCB agreed to, would violate them. I also raised concern that I am partially colourblind would be a major problem being an Engineer in computers or any other field which works with colours. My concerns were ignored by the WCB.
- How two years after the WCB claimed they had correctly selected the job (SEB) for the retraining program (LMR) that I was selected for, the Engineer job (SEB), the WCB changed the job (SEB) from Engineer to Computer job (SEB). The interesting thing is that the WCB never notified me of this change, nor did they review the change that was made. To determine if the new job (SEB) was suitable for me. The WCB’s justification for the change of job (SEB) to computer was that it was a result of HRDC’s change in their numbering system. This I later proved to be BULLSHIT! with the information I directly obtained from HRDC, as both jobs (SEBs) existed before and after the HRDC numbering change.
- How once I learned the WCB had changed my job (SEB) from Engineer to computers, I had requested the WCB review the changed job (SEB), based on the fact it is unsuitable for my accommodations due to my disabilities.
- How the WCB reviewed the new job (SEB) being computers and determined it was suitable based on a review of the WCB retraining reports, information obtained from HRDC and Trios, the private college, which provided the retraining. Yet, strangely, but not surprisingly, the advisor who prepared the review never mentioned the permanent physical capabilities or commonly known as my need for accommodations due to my disabilities, in the referral of March 3, 2000. They also never mentioned the physical requirements of the job, they just said it was physically suitable.
How, when I raised concern over the WCB failing to provide accommodations for my disabilities, accommodations the WCB agreed to in writing on March 3, 2000, the WCB in turn changed my accommodations to a much lesser amount. That then made the computer job (SEB) magically suitable for me. However, in doing so the WCB acted outside its legal authority
WSIB Appeals Process
- How during the WSIB appeal process, when I was repeatedly forced to represent myself, as a self-represented injured worker, I was provided no procedural assistance, by the WSIB appeals department. Something, which is mandated by law. Sadly, this is a very common theme throughout my entire experience.
- How during the WSIB appeals process, the decision maker claimed my degenerative disc disease – DDD, was an age-related condition and was not work related, yet there is NO medical to confirm this. Moreover, scientific research confirms it is work related.
- How during the WSIB appeals process, the decision maker doubted colour blindness was not a recognized disability. Additionally, the decision maker claimed I did not provide medical proof of my disability. However, the decision maker never checked the law to see that it is a recognized disability. Additionally, it is unlawful to ask a person to medically prove their disability. However, if a proper request is made for medical documentation confirming the need for accommodations, this would be provided. No reasonable request for medical documentation was ever requested by the WSIB. If a reasonable request or any request was had been, I would have gladly complied. Moreover, I did send them medical documentation, confirming my disability and my requirement for accommodations for my disability. Not surprisingly, the WSIB ignored it and so did the WSIAT.
The workers compensation appeals tribunal process
The Ontario Superior Court process
The Court of Appeal for Ontario process
The Supreme Court of Canada process
PLEASE NOTE: I have not yet finsihed preparing the list of facts. I have left off at the WSIB appeals process and I still have much more to add sadly!
Each and everyone one of these individual facts, which I have listed above, I will be proving beyond any reasonable doubt, in my following story.
I will also be providing reference to physical evidence, case law, law, and policy.
Beyond a reasonable doubt, is the standard in criminal court and is the highest standard one most prove in a case. In common civil law matters the standard of proof is normally that one must prove on a balance of probabilities. Simply that the party wins their case if more than 50% of the evidence of a case proves the position of the party. However, in workers compensation law matters the standard of proof is benefit of the doubt , which is that when they evidence in a case is equal for and against the matter shall be ruled in the favour of the injured worker. This argument for standards of proof I have often come against many in opposition, including law professors. They argue that the standard of proof for all civil matters is balance of probabilities. However, in my defence the law professors fail to reference the workers compensation law on weighing evidence, which is exactly what the standard of proof is. I love this point especially in my WSIAT decision, as you will see the WSIAT Panel says three separate times the standard of proof in weighing evidence is balance of probabilities.
The saddest part is that I have heard of even worst stories from injured workers, how one was left to die at the worksite by his employer. One would think the employer would be criminal charged for negligence. However, the worker was dropped off workers compensation claiming he was fully recovered, when he was not. Therefore, not only did the employer not get criminally charged, they saved a bundle of money on the workers compensation claim.
As you can see there are a lot of issues I have experienced and as a result it will take me sometime to get to putting my entire story on hear for all to read and learn form. I ask you to be please patient, as in addition to doing this I am also doing my own legal preparation work within the court system.
I have broken my story down into parts. This is to make it a bit easier to understand. I did this based on who I was interacting with. As you can see by the added navigation bar at the top of this page, I started with the WCB. The WCB was Ontario’s workers compensation board – WCB. Sadly, the WCB changed to the Workplace unSafety and Insurance Board - WSIB. I say unsafety as in my more than 20-year experience, they have been nothing about safety. This you will learn from my story and once I get them back up, the stories of many other injured workers.
This is the first part of this website which is to document the real stories of injured workers across Ontario, Canada and well anywhere. The second part is to help these injured workers through providing information on this website in the form of teaching them to educate and represent themselves. I am hoping to be much like that of the National Self Represented Litigants Project, but for Injured Workers who have to represent themselves at the workers compensation boards, tribunals and if needed in the courts.
I am telling my story not to elicit sympathy, but to encourage others to fight their respective WCBs, and more importantly to come forward and tell their/your story!
In my story, I have no reservation about naming names of individuals and naming companies, especially those that have done intentional and deliberate wrongs to me and more importantly to my family. I was very reluctant in the past about doing this, but then in dealing with the court process it is almost mandated that names be named.
Besides I am pissed off with the injustice towards injured workers!
It is also needed to oust the wrongdoers!
As you can see by the additional navigation bar, I have added additional pages for my story,
which are broken down into the various sections.
The majority of which I have not completed yet, but I hope to be working on over the next few weeks and have completed soon!
Also please send me your feedback on what I have done to let me know if I am on the right direction.