The Advocate

ODRT encourages members to join new Meetup Group

The Occupational Disability Response Team is encouraging workers and workplace representatives to join a new online meet-up group “Workplace Insurance & Disability Prevention.“  According to Clarence MacPherson, ODRT Director, Operations and Communications, “this group provides a good place to find out about seminars, webinars and community events dealing with worker’s compensation.”  While group membership is free, some events will require payment of registration fees.  New members can get information on upcoming meetup events, make suggestions or organize new events.

WSIB Funding Review Presentation by Professor Harry Arthurs

OBA WORKERS’ COMPENSATION LAW SECTION

 The WSIB Funding Review: Professor Harry Arthurs | April 12, 2012
 When will the Workplace Safety and Insurance Board’s $14 billion 
 dollar unfunded liability be retired? Will employers need to pay 
 more? Will the indexation of benefits for partially disabled 
 injured workers be affected? These are issues that Professor Harry 
 Arthurs has grappled with in the WSIB Funding Review.

 As a result of the WSIB’s unfunded liability, the government 
 appointed Professor Arthurs to conduct an independent review into 
 the Board’s financial circumstances. Over the past year Professor 
 Arthurs, a former dean of Osgoode Hall Law School, has undertaken a 
 detailed study into employer rate groups, employer incentives / 
 experience rating, the funding of occupational disease claims, and 
 indexation for partially disabled injured workers. He has conducted 
 extensive consultation with injured worker groups, employers, and 
 other stakeholders. His recommendations are expected to be 
 presented to the WSIB and the Minister of Labour by the end of March.

 Professor Arthurs’ presentation to the OBA will be one of the first 
 opportunities to hear him speak publicly about his findings - 
 findings which will present the government with historic choices 
 for injured workers, employers, and the financial future of the 
 workplace safety and insurance system.

 Date:
 Thursday, April 12, 2012
 Location:
 The Conference Centre at the OBA
 200-20 Toronto Street | Toronto ON M5C 2B8
 Agenda:
 5:30 pm Registration & Cash Bar
 6:00 pm Served Dinner
 7:00 pm Program follow by Q & A period

Workplace Safety and Insurance Case Law Update

The Ontario Bar Association is hosting a session on October 5th to review important caselaw over the past year.  It gives a worker and employer perspective and may be of interest to worker advocates.      

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OBA PD | OBA.org

OBA WORKERS’ COMPENSATION LAW SECTION

Workplace Safety and Insurance Case Law Update
October 5, 2011

This year our section plans to have several informative programs. Our first of the year will be an evening program focusing on recent case law. The challenge of keeping up with new decisions is one all practitioners face. Join your colleagues and listen to our speakers as they review recent jurisprudence.

Date: Wednesday, October 5, 2011 Location: The Conference Centre at the OBA
200-20 Toronto Street | Toronto ON M5C 2B8 Agenda: 5:30 pm Registration & Cash Bar
6:00 pm Served Dinner
7:00pm Program followed by Q & A period

1 Substantive hours
0 Professionalism Hours
0 New Member Hours

Register for Live Program | Register for Live Webcast

CHAIR
John Bartolomeo, Toronto Workers’ Health and Safety Legal Clinic

SPEAKERS
Kevin M. Brown, Office of the Worker Adviser
Elizabeth Kosmidis, Hicks Morley Hamilton Stewart Storie LLP

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Work Reintegration/NEER Policies →

Six new Work Reintegration operational policies and NEER policy that took effect on July 15, 2011.

ODRT presents advanced instructor upgrade session

On Easter Monday, sixteen instructors met with Al Bieksa at Bayview Wildwood for a ten day upgrade on making return to work (RTW) work in the workplace. They were promised an in depth examination of return to work practices including leading evidence based RTW and a more detailed examination of content in ODRT’s Level 4, return to work course. It was an intensive ten days that began with a two day exploration of the Facilitating Work Re-integraton workshop. Participants came to a better understanding of how to ensure the appropriate messages are delivered during this day long workshop. Gord Van Clief, Manager Return to Work for WSIB came and spoke to the group about the WSIB value for money audit, the new work reintegration policies and work transition process. During his talk, he went over what he considered the new and improved features of the new system, which included: early intervention on return to work, retraining to remain with the injury employer, active engagement of the injury employer, program time limits, increased worker input and choice and more pathways for workers. He was also put on the hot seat and answered questions from the Instructors. A number of the modules from the return to work course were assigned to participants to update and ensure they focussed on the messages of disability prevention. While researching and writing their assigned modules, the instructors also participated in a situational assessment. This is a survey that qualitatively assesses return to work practices, processes and perceptions within a workplace. It asks questions that can be quantitatively assessed such as whether or not an employer has a return to work policy. It also asks perception questions; some deal with treatment of injured workers and accommodations. Once the data is tabulated, gaps in knowledge of the different groups and overall within a workplace can be determined. By assessing the needs of workplace and customizing training to fill those needs, an employer can improve return to work practices. The class results were presented to show how the process of transforming the survey into a presentation for an employer can work. The reviewed modules included Internal Dispute Resolution Mechanisms, Accommodating Mental Health Issues, Linking Primary and Secondary Prevention, Work Reintegration Policies, NEER Perfect RTW Solutions, Return to Work Program Evaluation, Attitudinal Barriers and role plays for return to work. On the final day, the sixteen instructors took a 60 question test. They were testing out the new system that will allow up to 30 participants at a time to take the situational assessment, making the survey less time consuming and more efficient. Of course any wrong answers were a problem with the system and had nothing at all to do with brain overload on the participants’ part

Full attendance at ODRT Spring Training Seminars

The OFL- Occupational Disability Response Team offered several “Select” week-long workers’ compensation workshops during the week of March 21 - 25, 2011. The offerings included courses on Compensation Essentials (level I, II and duty to accommodate), Return to Work Program and Medical Orientation, were held at the OFL building in Toronto.

The Essentials course, which includes Level I, II, and Duty to Accommodate, was facilitated by Ginny Tacij. This course is geared to individuals who are seeking a good grounding in worker’s rights, obligations and benefits as defined in Human Rights and Workplace Safety and Insurance laws.

The Return to Work course, facilitated by Murray McGrath, is developed for injured worker advocates and employers, who want an in depth knowledge of work re-integration and disability prevention principles, policies and legal requirements. Special attention was placed on the “duty to accommodate” as defined under Human Rights legislation, and the WSIB’s Interim Re-Integration Policies.

The Medical Orientation course, facilitated by Mike McFadden, was designed for injured worker advocates who want a better understanding of the medical and research terminology used in worker’s compensation case files. Participants discussed specific work related injuries and examine Non Economic Loss (NEL) assessments and mock medical reports.

Each course was completely filled, and was well received by the delegates in attendance. In fact, one of the delegates in attendance was Mr. Gord Van Clieaf, Manager of the Return to Work Specialists at the WSIB. He was actually attending the week long course in order to evaluate the content, presentation, and accuracy, and to provide his findings to the WSIB, whom fund the ODRT Project to provide such training.

Upon completion of the course, Mr. Van Clieaf addressed the entire class, and informed everyone he was very captivated, impressed and completely favourable of the course content,(both the presentations and manuals), the facilitation and the knowledge shared, and stated his report to his peers at the WSIB would be very favourable and supportive. Gord, having 35-year’s experience with the Workers Compensation Board in Ontario, a certified mediator, and Return to Work Specialist, I would say the Spring seminar was a complete success!

Niagara Health System launches work re-integration program

The Occupational Disability Response Team is working with great success at Niagara Health System (NHS) to promote evidence-based return to work principles and strategies.  The NHS is Ontario’s largest multi-site hospital amalgamation comprised of seven sites across the 12 municipalities making up the Regional Municipality of Niagara.  After completing a comprehensive return - to-work situational assessment, ODRT staff met with senior management and worker representatives on several occassions to develop new policies and a return-to-work program.  Subsequently, over 50 employees representing ONA, SEIU, OPSEU and NHS attended week-long training sessions. They displayed remarkable commitment towards improved work reintegration outcomes. The training consisted of sessions on the duty to accommodate, disability prevention techniques, mental health issues, NEER, work re-integration  and participatory ergonomics. The enthusiasm displayed by all parties will undoubtedly lead to reducing and eliminating both the financial and human cost of disability.  Special thanks to George Redmond and Jody Jones for facilitating the sessions  and to Curtis VanderGriendt ( OHCOW ergonomist) for facilitating the ergonomics session.