Coquitlam man Giorgio Cima hasn害羞草研究所檛 once been interviewed by , yet his claim for workers' compensation was rejected in a case his lawyer described as 害羞草研究所渙utrageous.害羞草研究所�
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害羞草研究所檚 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 害羞草研究所� the independent body that hears appeals of WorkSafeBC rulings害羞草研究所攚ere 害羞草研究所減atently unreasonable害羞草研究所� in denying the claims made by Cima and Erskine.
害羞草研究所淭he system is far too litigious,害羞草研究所� Simpson said. 害羞草研究所淭his can go on for years害羞草研究所f you害羞草研究所檙e dealing with corporation to corporation, that害羞草研究所檚 one thing害羞草研究所ut when you害羞草研究所檙e talking about individuals and their families and they害羞草研究所檙e worried about their income and families, it害羞草研究所檚 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害羞草研究所檛 afford to hire a lawyer or pay for medical experts to back their claim.
害羞草研究所淚f they don害羞草研究所檛 have a mental condition before they enter the system, they surely do shortly thereafter,害羞草研究所� he said.
TOXIC WORKPLACE
Antibiotics were flowing into the vein in Giorgio Cima害羞草研究所檚 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害羞草研究所� Compensation Appeal Tribunal that rejected his claim.
害羞草研究所淔inally, someone believed in me,害羞草研究所� 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害羞草研究所檚 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害羞草研究所檚 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 害羞草研究所渞etard害羞草研究所� and a 害羞草研究所渃rayon-eating motherf**ker.害羞草研究所�
WorkSafeBC denied his claim for compensation, and when he appealed, the tribunal said in its ruling that the supervisor didn害羞草研究所檛 intend to 害羞草研究所渋ntimidate, humiliate or degrade害羞草研究所� Cima.
He has been reflecting since the court set aside that ruling, and is hopeful he害羞草研究所檒l soon get better news about his claim.
害羞草研究所淚 was shocked to find that an organization that should be there for workers is in fact more for the employer,害羞草研究所� wrote Cima, who has worked in Canada for more than 25 years. 害羞草研究所淭he fact that they didn害羞草研究所檛 interview me or contact me to this date supports that.害羞草研究所�
Anderson said he agreed to represent Cima because it was 害羞草研究所渙ne of the most outrageous害羞草研究所� cases he害羞草研究所檇 ever come across.
害羞草研究所淚f his case didn害羞草研究所檛 meet the standard for workplace bullying and harassment, there is no standard,害羞草研究所� he said.
INJURY, FIGHT TAKE TOLL
On the same day Cima was sitting inside that downtown Vancouver clinic,
But Bruce Erskine, 63, didn害羞草研究所檛 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.
害羞草研究所淚 thought he cut me in half,害羞草研究所� 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害羞草研究所檚 foot still hadn害羞草研究所檛 healed.
It wasn害羞草研究所檛 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 害羞草研究所減atently unreasonable.害羞草研究所�
But the judge didn害羞草研究所檛 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.
害羞草研究所淗e told me on the phone, 害羞草研究所業f we had to look after people like you, we would be bankrupt overnight,'害羞草研究所� he said. 害羞草研究所淭hey think they can walk over and step on people.害羞草研究所�
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 害羞草研究所渨ork hard to get decisions right the first time,害羞草研究所� he said, and both the appeal tribunal and B.C. Supreme Court are in place 害羞草研究所渢o ensure justice can be done.害羞草研究所�
McCloy denied that WorkSafeBC is an adversarial system, and said it害羞草研究所檚 actually an 害羞草研究所渋nquiry-based system.害羞草研究所�
He said sometimes facts are obvious, but in some cases 害羞草研究所渋ssues are highly complex. Often people try to make them simple, but they害羞草研究所檙e not.害羞草研究所�
