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-five years.
Within my story, you will learn how the workers compensation system, in collusion with my employer, used many unlawful methods to defraud me out of workers compensation. You will most likely recognize the unlawful methods the board used on me, as they probably used them on you! They are:
DEEMING This is when the board will claim you are capable of working. The board will do this even though the work offered is unsuitable, unsafe and is not even available. The board will do this contrary to your concerns of safety for others and that of your own safety.
In my own story you will learn how I was repeatedly forced back to work by the board. Work, that the Board knew was unsafe, and knew was completely unsuitable. Moreover, the Board made this determination against my repeated concerns of safety.
My concerns of safety were that I drove a transport truck and as such is a safety sensitive job. Meaning extra care should be taken when making decisions in these jobs. Sadly, this means nothing to the Board. I also repeatedly notified the Board I was greatly concerned with taking pain medications. I was concerned because it was opioid pain medications. The pain medication often caused me to have legally impairing effects. The board didn’t care!
I also repeatedly raised safety concerns with being in pain, even with taking the pain medications. That this also greatly impaired my ability to safely operate the transport truck. The board didn’t care!
NOT LISTENING TO DOCTORS This is when the board will claim you are fine, capable of work, and completely ignore anything your doctor says.
In my own story, you will learn the Board did this to me on countless occasions. In fact, I still recall, like yesterday, my doctor screaming at me Paul what the hell do you want me to do, they are ignoring everything I say to them. This complete control, or ignoring of my doctor allowed the Board staff to say I was capable of returning to work. Most importantly if the Board needed a medical opinion. Then they simply picked up the phone and called their co called “medical consultants”. Magically you were medically determined to be fully recovered. It was comparable to that of a southern faith healer. In one example of a Board doctor examination, the Board had determined I had a permanent injury. Their doctor examined me and a year and a half after the work accident, and subsequent accidents, the doctor said I would be magically fully recovered in six to eight weeks and with no formal treatment. What was even more sick was the doctor told the Board he accused me of faking my injuries, but never told me.
PRE-EXISITING CONDITIONS This is when the board will claim that a worker has a prior non-work-related condition. Often the board will use degeneration as a deciding factor. There are many medical terms for degeneration. Such as arthritis, osteoarthritis, stenosis, degenerative disc disease. As such, the Board will reduce or suspend the workers entitlement to workers compensation. Sadly, and in the majority of cases the degeneration occurs not naturally, as alleged by the board, but an accelerated process being a heavy repetitive work environment.
When the Board makes this improper determination, one of two options may occur. First, was the employer is provided financial relief. This alleges that the slowed recovery, or resulting permanent injury is not or partially not the doing of the employer’s workplace. Second, and worse is the board will allege that the recovery and permanent injury is solely the workers doing and either reduce or suspend the workers entitlement to workers compensation.
In my own story you will learn the Board claimed I had a pre-existing condition. You will learn the Board’s basis was that of an x-ray which was taken a year after the year work accident. Most importantly, the Board will not consider the workplace environment. This was that I had to hand-unload 53-foot tractor trailers everyday. This was work that was without question heavy repetitive work which would result in accelerated degeneration in my body. I worked at Canadian Tire. I delivered the product to the Canadian Tire stores. As you will see later in my story that I hand-unloaded everything you see in the stores. This included snow-blowers, ridding lawn mowers, and many other heavy items, with little and often no assistance.
As you can see there is a common theme with my story. Ironically, the theme is identical to the demands in the Ontario Network of Injured Worker Groups – ONIWG campaign entitled #WorkersCompIsARight. You can learn more about their campaign by clicking here.
My point is that my problems are not unique, and they like yours are a VERY common problem. You will learn this as you read my story. Worst yet, you will learn how the courts just don’t seem to really care about our rights as human beings. As the saying goes profit over people at any cost!
Not to worry as My Fight continues for justice for injured workers. I am back in the courts yet again fighting for justice for my case. To also raise awareness of the injustice of injured workers within the courts.
I also launched the National Charter Class Claim. You can learn more about this legal action by clicking here.
I have arranged my story by pages as noted above in the submenu. This is so you can jump ahead to a particular movement in time or even to see how things happened. For example, if you wanted to see how things went at the Supreme Court of Canada You can see that and all my legal filings.
You will note that I have included as much as I can, all legal documents. This is so you can see with your own eyes what was done. It is also to help those representing themselves. You will learn how I was treated horribly by the Board and Tribunal. How the Board mocked and made fun of my disabilities. Instead of providing simple accommodations. How the Tribunal panel members said I was a fucking joke; that I was faking my injuries, as all injured workers are; and that I deserved to have my ass kicked for not getting back to work and supporting my family. You can hear this for yourself. This is because I provided a copy of my recording. To be clear, the Superior Court ruled on the recording and refused the Tribunal’s request to seal the record. This means it is public record and anyone can pose and listen to it.
My hope with telling my story is two simple things.
Frist, that it encourages to come out of the shadows and no longer fear reprisal form your employer and the workers compensation system to tell your story. I have set up other pages where I also encourage injured workers to tell their stories. Whether written, or by video. I also included a section for those workers with exposures. This is like chemical exposures and such.
Second, is to be a sort of resource to help other injured workers like me who have been forced to represent themselves. This is I why I included the claim files, tribunal records, but most importantly court filings. This is so you can see how to frame and make a claim in court if needed. I hope to eventually add most sections and information for those forced to represent themselves as when I drafted the documents I was new to the law and have since become a bit better.
As I explained I have setup My Story in webpage sections. The next section is My Story before the WCB.
Please note, I have been in the process of rebuilding my website. I lost the originally formatted website. So, I have been slowly restoring and rebuilding this website and most importantly my story. I am going to try and work on it a little bit each day.