J. v. Goliath (WSIB)

Change.org Petition: https://www.change.org/p/respect-the-rights-of-injured-workers 

the MOST helpful thing anyone can do is reach out to their Member of Provincial Parliament and ask them to advocate for the fair treatment of injured workers by making WSIB believe medical professionals, and ending the harmful practice of deeming.  

 Since we released our video, people have offered to help with our expenses, and we decided that a GoFundMe might be an appropriate space for this to happen. Proceeds from this initiative will go towards legal fees to continue our fight (lawyers cost hundreds of dollars per hour)

 

Please watch the video for our story, below is a brief summary. Below are updates meant to inform about the WSIB system.  

 

We met in 2012 at a summer camp and fell madly in love. Steve was a brain injury survivor, but neither of us appreciated the extra strain that would be. After a glorious summer and halfway through a season in Whistler, Steve proposed. J said yes.

 

We moved back to Toronto to be closer to family and to start our lives together. A few months before we were married, we were working at a large sporting goods store in Toronto. One night, J was asked to carry a shelf downstairs into the basement. This was not in her job description, and she was not advised how to carry the shelf safely. Wanting to be seen as a good employee, J accepted the task. On the way down the stairs, one end of the shelf was caught by a step, and the other end swung up and hit the back of her head. J kept her footing and completed the task. Her head hurt and she told a couple people. Steve remembers that when he met J at the end of the day, she kept saying "I hit my head, but it doesn't feel like a concussion."

 

The next day J woke up feeling "off", she went into work. A manager came over that day and said J didn't look like herself and asked her what had happened. J replied that she had hit her head the previous day at work. She was directed to another manager to fill out forms for the Workers Safety and Insurance Board (WSIB). J was told that the forms would save her and have her back if her head ever caused a problem. J was subsequently seen by multiple doctors and specialists, and every one confirmed her concussion. Years passed and her symptoms continued. She attempted to return to work, and even worked in a job expecting her symptoms to improve. That job offered more money, and led to an offer of Js dream job, which she had to push back repeatedly until finally realizing she would not be able to sustain working as her symptoms worsened. J was diagnosed with Post Concussion Syndrome - a condition where the effects of a concussion linger.

 

Our experience with WSIB since then has illustrated the falsity of the managers statement that the forms would save her. WSIB has consistently refused to pay for expenses, and refused to pay loss of earnings benefits. This, of course, resulted in more legal fees, and after a lengthy appeal process WSIB finally agreed with all of her medical professionals to give her loss of earnings benefits on which to survive.

 

This was not the "win" that some might expect, as WSIB refuses to pay for the therapy which J requires, Steve used up most of the settlement from his car insurance that was supposed to cover his medical expenses for the rest of his life, and J is compensated at 85% of what minimum wage in 2014. She is eligible for CPP disability, which would help greatly, but because of the law in Ontario, WSIB deducts CPP from her compensation. During that COVID-19 Pandemic, had the government in Canada assisted people with disabilities equitable and to the same tune that many others were supported, we could have perhaps stayed "in the black". The one time payment of $600 we received did not go far. WSIB ignored the word of Js medical professionals and deemed her back into retail sales work, which is not something she can do because of her head injury.

After a degrading and difficult assessment at a third party assessment run by Altum Health, who agreed with J's doctors, WSIB case manager Catherine Coletti issued a decision rife with logical fallacy and circular reasoning, which deemed J back to work that she is unable to do. This is where our case sits now. 

In addition to donating to help our battle, we believe it is important that people in Ontario know what happens if they hurt themselves at work. Please sign the petition above , share our story, and the stories of others affected by the draconian perception of disability and injured workers in Canada, with your network.

 

Thanks very much, we send our love to all.