Important Freedom of Information Requests

Knowledge for Injured Workers,
through Freedom of Information Requests!

Freedom of Information Requests

This page has been setup to document the Freedom of Information Requests that are done by FightWCB. This includes providing all the documents in each request.


There are many laws across Canada that provide an individual the right to access information. There are certain restrictions, such as:

  • An individual attempting to obtain private information about another person;

  • An individual attempting to obtain information that is of national secrecy;

  • And other typical restrictions. The importance of obtaining information form a government body serves two main purposes:

  • 1. It allows the individual to protect their individual rights, by ensuring the information about them is accurate. Thereby preventing a modern day witch hunt.

  • 2. It also and most importantly holds the government offices accountable to the people of Canada. If they can not hide something they can not get away with a crime.

    That said, often times freedom of information requests are meant with major roadblocks in a hope that the requestor will just give up. This is why one must learn the appeal process and fight through to obtain the information.




    Index of Freedom of Information Requests
    FOI to Ontario's WSIB's Description of Term Functional Overlay
    FOI to Ontario's WSIB Requesting Number of Injured Workers Re-injured in RTW
    FOI to Ontario's WSIB Requesting Cost to Advertise $1.5B Rebate
    FOI to Ontario's Minsiter of Labour Communication regarding $1.5B rebate directive to advertise
    FOI to Ontario's WSIB's Request for Computer Audit of Changes made to My Claim File
    FOI to Ontario's WSIB's Request for Information on Concerning Statements in Doctor's Progress Report




    FOI to Ontario's WSIB's Description of Term Functional Overlay
    I had notice in my own claim file a WSIB doctor had used the term Functional Overlay. There was three disturbing things. First, was that the doctor never explained this diagnosis to me, nor did he even say he diagnosed me with it. Second, I later learned that it was a nonmedical term to say a person is faking their injuries. Third, I found several medical papers published in medical journals confirming it was not a recognized medical diagnosis.

    As part of the doctor’s reporting he completed a WSIB form and provided a WSIB medical diagnostic code to this term Functional Overlay. From this I wanted to know what this term meant to the WSIB. I sent a freedom of information request to the WSIB I wanted to know their meaning of this term.

    I will be adding the documents shortly.




    FOI to Ontario's WSIB Requesting Number of Injured Workers Re-injured in RTW
    I had sent a freedom of information request to Ontario’s WSIB to obtain the number of injured workers who:

  • suffered new injuries as a direct result of being forced back to work,

  • suffered an aggravation or worsening of their injuries,

  • died, and/or
  • caused injury to another as a result of being forced back to work.

  • WSIB's Decision Letter

    Click image to download
    PDF copy of letter



    WSIB's Data for Injuries while in RTW

    Click image to download
    PDF copy of of information


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    FOI to Ontario's WSIB WSIB Requesting Cost to Advertise $1.5B Rebate


    In 2018 shortly after taking power, the Ford Conservative Government announced it would order the Ministry of Labour not to enforce the Occupational Health and Safety Act. At the time many did not really understand what the Ford government was up to.

    However, this was revealed when in the beginning of 2022, the Ford Conservative Government announced it would be ordering the WSIB to return all surplus monies back to employers. This amounted to $1.5 Billion. That the only conditions were that:

  • an employer had to pay premiums to the WSIB, and

  • an employer can not be convicted under the Occupational Health and Safety Act for the past two years

    This was the realization that Ford was setting up all large corporations who have extremely dangerous workplaces to get a huge payback on the backs of injured workers.

    What was shocking to all injured workers was that the WSIB then proceeded to advertise this $1.5 Billion rebate on all major media outlets. They advertised on all radio stations, all television stations, in news papers, and of course in all case also advertised online, as well as offline. Furthermore, the WSIB did this just before Ontario’s provincial election.

    The only significant question comes to mind with WSIB’s decision to advertise this rebate:


    Why would the WSIB advertise the rebate, when they have the contact information of all businesses?


    Clearly the WSIB was fiscally irresponsible in its decision to do this and is in contravention of section 1 of the Workplace Safety and Insurance Act. being fiscally responsible.
    Moreover, was the WSIB attempting to influence the Provincial election? Also, did the WSIB make the decision to advertise the $1.5B rebate on their own, or were they ordered by the Premiere Doug Ford and/or the Minister of Labour Monte McNaughty?

    To investigate the truth of these claims a freedom of information request was sent to the WSIB. This simply asked:

    How much money did the WSIB spend on the $1.5B rebate advertising campaign?

    The WSIB’s response was shockingly disturbing for a country that pride’s itself on anti-corruption. The WSIB provided some 12 invoices which listed the name of the advertisers and other information. However the WSIB redacted the amounts spent! They WSIB claimed it was to protect the privacy of the advertisers.

    Clearly the WSIB was irresponsible with its decision to redact this informaiotn and is in contravention of section 1 of the Workplace Safety and Insurance Act. being lacking in accountability.

    Needless to say I did file an appeal with he Privacy Commissioner.



    What I received back from the WSIB’s FOI department was simply that the WSIB does not use that term anymore.
    Say what???

    The WSIB staff member did send me a second e-mail saying she would provide what I actually asked for. I said yes that woudl be fine. Howver, no response!


    Copy of WSIB FOI Response

    Click image to download a
    pdf copy of WSIB's Resposne


    >

    Copy of WSIB E-mail FOI Response

    Click image to download a
    pdf copy of WSIB's E-mail Resposne


    Needless to say, I filed an appeal with the Privacy Commissioner. There is no reason for the WSIB not to provide it to me.


    Copy of Appeal

    Click image to download a
    pdf copy of Appeal


    This made me realize to move on to the next Freedom of Information Request, which was to Premiere Doug Ford’s office….


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    FOI to Ontario's Minister of Labour Communication regarding $1.5B rebate directive to advertise
    After receiving the disturbing response form the WSIB, as noted above, I then sent a request to Premiere Doug Ford’s office. This was any communication involving the $1.5 Billion rebate the WSIB issued to employers and the decision to advertise the rebate.

    I received a call from a very kind person at Premiere Doug Ford’s office. She explained to me I do not want to file the request with hat office. This is because my best place to do it would be the Minister of Labour’s office. This is because the Premiere can not communicate directly with the WSIB. All communication must go through the Minister of Labour’s office. She agreed to forward my request to the Minister of Labour’s office, which was that I was request all information regarding the $1,5 B rebate and the decision to advertise it to and from Premiere Doug Ford’s office and to and from the WSIB.

    I received a response from the Minister of Labour’s Office It was a letter explaining that when there is a cost associated with the request, they can require half of the invoice up front. They are requiring $180 up front and provided an estimated cost of $360.

    many would argue the cost is ridiculous and I would agree. However, I think it is worth $360 even if I can’t really afford it to get to the truth!


    Afterall, Truth and Justice MUST Prevail!



    Copy of Request to Ford's Office Re: FOI Resquest

    Click image to download a
    pdf copy of the Request




    Copy of E-mail from Ford's Office Re: FOI Resquest

    Click image to download a
    pdf copy of the E-mail




    Copy of Response with Fee Estimate from Minsitry of Labour

    Click image to download a
    pdf copy of the Fee Estimate


    I will provide an update here once I have obtained the information from the Minister of Labour's Office




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    FOI to Ontario's WSIB's Request for Computer Audit of Changes made to My Claim File
    I have made a request to the WSIB to obtain computer audit reports showing changes in my claim file. The purpose of this freedom of information request is to better understand the following:

    • What was changed in my claim file,

    • who made the changes in my claim file, and

    • when did they make the changes in my claim file.


    For some time, I have been fighting with the WSIB, in my own claim, that the WSIB had initially accepted my area injury being to my
    low-back, mid-back, upper-back, neck, and back of head.
    That the WSIB then just changed what they accepted as the initial area of injury being just my low-back and mid-back.

    For more than two decades the WSIB has firmly asserted they never changed what they accepted as my initial area of injury that they always only ever accepted that I injured my low back and my mid back. However, in reviewing my claim file, the WSIB changed the area of injury in their forms.

    I then recently realized that the WSIB, like any other big corporation, maintains very detailed computer audit reports. This is where their computer system will document all changes to a computer file. The computer audit report will document, at the very least, when a change is made, who made the change and what they changed. The reason for companies to have such detailed audit reports is to protect against computer fraud from occurring. If an unauthorized change occurs, a company can see who made the change, what they changed, and when they changed it.

    For this reason I sent the following freedom of information request to the WSIB’s FOI Office and of course paid my $5 fee.

    To whom it may concern,

    I know that the WSIB has very detailed and high level of security within heir computer systems. I also know that the WSIB, like any major corporation, has what is commonly known as a computer audit system. This is where the WSIB computer system documents every change made to a file, and documents the user, date, time, and what was changed.

    I would like a copy of all WSIB computer audit reports for my claim file 20518799 from February 6, 1997 to present. Specifically, I am looking for the following information:

    1. On or shortly after the February 6, 1997 work accident, what was the accepted area of injury documented within the WSIB computer system?

    2. What was the date of the very first accepted area of injury documented within the WSIB computer system?

    3. There is no question the accepted area of injury was changed by the WSIB within their computer system. As such, what was the date of the first change to the accepted area of injury, what was the accepted area of injury changed to, and who changed the accepted area of injury?

    4. What was the date of any other changes made to the accepted area of injury, what was the accepted area of injury changed to, and who changed the accepted area of injury?

    5. When was the letter from Dr. Sauls, dated July 13, 1998, added to the claim file, and who added this letter to the claim file?

    6. Numerous medical documents were previously located in the correspondence section of the claim file are now located in the medical section. Who made the change and when did they make the change?



    The reason for my request is that I have observed numerous inconsistencies with documents contained within my WSIB file. With this request, I am trying to better understand why these inconsistencies occurred and how they may have impacted WSIB and WSIAT decisions.

    I have noticed the WSIB changed the area of my injury within my claim, without cause or reason. I also have observed that several medical documents have been added or moved the medical section, that were not previously contained within either the medical section or within the entire the claim file but were in existence prior to WSIB and WSIAT decisions were made.

    The WSIB had initially accepted an initial injury occurred to my entire back (low-back, mid-back, upper-back), neck, and head. However, in a letter dated November 30, 2000, the WSIB stated that the WSIB had only ever accepted an initial injury to my low-back and mid-back.

    Yet, according to the employer’s report of injury form, on February 10, 1997, my employer reported that I had suffered an injury to my low, mid, and upper back, neck, and the back of my head. This my employer reported was the result of a work accident, which occurred on February 6, 1997, where a load of boxes fell hitting my entire back, neck, and head.

    Then on or about February 16, 1997, I had contacted the WSIB and spoke with my adjudicator, Mr. Baird. I had explained that I received a worker’s progress report, when I should have received a worker’s report of injury form. I also raised concern with Mr. Baird that the injury stated in the injury box of the worker’s progress report only stated my injury as neck and back of head. Mr. Baird confirmed with me that the WSIB had accepted my full injury as low-back, mid-back, upper-back, neck, and back of head. Mr. Baird explained to me that while the form only shows my injury as neck and back of head, that in the WSIB computer system it shows my accepted injury as low-back, mid-back, upper-back, neck, and back of head. I wrote in the work back and did not think anymore of it.

    However, it was not until the letter of November 30, 2000, that the WSIB would advise me my accepted injury was only my low back and mid back. I then went through the entire claim file and reviewed every form showing what the WSIB had accepted as the area of injury. In reviewing the forms that were available it confirms an accepted change of injury, but there is no reason or explanation for this change.

    Date WSIB Form Area of Injury
    Feb. 16/97 Worker's Progress Report Neck Back of Head
    Mar. 3/97 Worker's Progress Report Neck Back of Head
    Apr. 2/97 Worker's Progress Report Neck Back of Head
    Aug. 29/97 Worker's Progress Report Neck Back of Head
    Sep. 15/97 Worker's Continuity Report Neck Back of Head
    Sep. 16/97 Employer's Continuity Report Neck Back of Head
    Oct. 10/97 Physician's Report Re-Opened Claim Neck Back of Head
    Oct. 20/98 Worker's Progress Report Upepr Back Back


    Also, in a recent claim file access dated April 19, 2022, I found the following concerns:

    • A letter from Dr. Sauls dated July 13, 1998, was not in any previous claim file request disclosures I have made, nor was this letter in the claim file that was sent to the WSIAT. However, this letter has now been found in the medical section of the claim file.

    • A letter from Dr. Silva dated June 9, 2001 was in the medical section but was previously found in the correspondence section.


    I will provide an update here, once I have obtained the information from the WSIB



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    FOI to Ontario's WSIB's Request for Information on Concerning Statements in Doctor's Progress Report


    I recently noticed that on the WSIB’s doctor’s progress form the WSIB provides to doctors, for them to provide updated medical information to the WSIB, on injured workers, that the WSIB substantially changed the form from years ago. However, what concerned me was how the WSIB is telling doctors that:
  • That ALL workers who suffer an injury can return to work and doctors must for them back to work

  • That worker who suffer soft tissue injuries always return to work and have no further problems

  • That pain is not a reason for a work to be removed form work


  • I am very concerned with these statements as they are clearly manipulating doctors to force injured workers back to work. Often times causing the injuries to get worse and/or causing the injured worker to suffer new injuries or worst yet be killed!

    The WSIB makes these statements without reference to ANY scientific research. Thus, implying that the statements are based on scientific research. It is my belief the forms should only ask for information and NOT make bold unproven statements, especially was paid for by the WSIB!

    This is a PDF copy of the WSIB's
    current Form 26
    This is a PDF copy of the WSIB's
    old Form 26 which I took
    from my claim file in 1998
    Click the Image
    to download a PDF copy.
    Click the Image
    to download a PDF copy.




    If you believe that pain is not a disability or should not be recognized as a disability, or if you are one suffering with pain and you arebeing told pain is not a reason not to work or be accommodated, then you need to read the Supreme Court of Canada’s decision of:

    Nova Scotia (Workers' Compensation Board) v. Martin; Nova Scotia (Workers' Compensation Board) v. Laseur, 2003 SCC 54 (CanLII), [2003] 2 SCR 504


    Within their decision, the Supreme Court of Canada made very clear that people suffering from pain is a recognized disability and to discriminate against such individuals is a blatant violation of section 15 of the Charter of Rights and Freedoms. I would add that if you feel you have been discriminated in this way by the WSIB/WCB, your employer and/or a health care professional that in addition to any appeal within he workers compensation system, you consider bringing a Human Rights complaint against them.

    The Following is my original Freedom of Information Request sent to the WSIB on October 2, 2022.

    The WSIB’s Health Professional’s Progress Report (Form 26) compared to previous versions of the form has added three statements of concern:

    1. When work injury/illness occurs, focus on return to usual activity including return to safe and appropriate work is best practice.

    2. Most workers who experience soft tissue injury are able to remain at work.

    3. Pain should not be the only medical restriction.


    I would like to know who made the changes to the form, by adding these statements?

    What legal authority allowed them to make these changes to the form?

    In making such statements of medical fact, I would like to know the source they are referencing this information from.

    Was this information the opinion of one or two paid doctors, or was it based on peer reviewed scientific research study?

    In forcing a medical professional to state that an individual cannot be removed from work solely based on pain, is it the WSIB’s Board of Directors position that pain is not a disability?

    Was this form approved by the WSIB’s Board of Directors and if so, are their minutes of the meeting confirming the approval of this form?


    Update on this FOI Request


    I received an e-mail from the WSIB’s FOI officer. Within their e-mail they are requesting clarity as to my request. I provided them with updated information. You c an see the e-mail exchange in the PDF document below. Also, within he e-mail provides my specific first request.

    This is a PDF copy of the E-mail exchange

    Click the Image
    to download a PDF copy.




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