2013-17 Archives

Government Disability benefits – Conflicted Adjudication Needs Fixing

Disability Benefits Conflict Eliminatus A Call For Conflict-Free Initial Adjudication  The Conflict Problem The organizations that administer statutory disability benefit programs are also the organizations that adjudicate the claims for those benefits.  And it is self-evident that in their statutory …

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ONT. WSIB—Getting the Pe-Existing Conditions Policy Before the Courts, Now!

The Issue and The Context The Board’s post November 2014 operational policies in which the level of permanent impairment  resulting from a workplace injury is to be determined by discounting for asymptomatic pre-existing conditions constitute an arbitrary and unlawful repudiation …

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Ontario WSIAT – Pre-existing Degenerative Disc Disease – A Surprise, a Missed Opportunity

A SURPRISE, A MISSED OPPORTUNITY Pre-existing, Asymptomatic DDD Conditions Not Grounds for Impairment-Rating Reductions (As a Matter of Interpretation) INTRODUCTION If the Ontario WSIB thought that through its November 2014 publication of its Operational Policy on “Determining the Degree of …

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