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Understanding - Bill 1

If you are an Alberta First Responder Covered by Alberta Bill 1 and you have P.T.S.D. read this carefully and with your advocate:
Send us an email if you need help with the details.
 
NAFFVN Comments on Alberta Bill 1 Presumptive PTSD:  UPDATE
 
As of December 19th 2012 some 9 days after the passing of the legislative bill known as Alberta Bill 1
here is what we now know.
 
The Alberta Workers Compensation Board is STUCK (bureaucratically grid locked)  on what they deem to be POLICY as they know it v.s. Alberta Bill
1 as LAW as it was passed by the Alberta LEGISLATURE and signed into LAW by the Governor General of Alberta on December 10, 2012.
 
The board representative (Michelle Semotiuk, Supervisor, TEAM E 6 IN 
EDMONTON) quotes the POLICY of the Workers Comp  and not the Alberta Bill 1 LAW  as being 
the only way they can address any previous claims for post traumatic stress WITHIN Alberta's 27 thousand First Responders who 
are DIAGNOSED WITH P.T.S.D. AND who are supposed to be covered by this LAW.
 
If you are one of those who has been prior assessed and DIAGNOSED AS HAVING POST TRAUMATIC STRESS AS A FIRST 
RESPONDER IN ALBERTA we at NAFFVN want to hear from you. 
 
 We have sent Ms. Redford our concerns using a test case for review and have seen that the W.C.B. continues to be stuck on their
 bureaucratic process citing their policy and procedures as being ABOVE  the presumptive nature of what the legislature intended when this bill came into force.  
 
It affects the Revised Statutes of the Workers Compensation Board Policy and Procedures listed in the R.S. WCB ACT of 2000 yet for some reason they (the case workers
who handle the administrative and functional delivery of services) seem to be unable to respect Alberta Bill 1. WHICH ADJUSTS THAT VERY ACT.
 
This sets up a "Contempt of the Legislature" which is now pending.  It also begs the human rites issue of abuse.
 
We hope from our discussion/submission to Ms. Redford and the minister in charge of the Workers Compensation Board in Alberta, Dave Hancock  P.C.
 as well as MLA Jeff Wilson of the Wildrose Party, that an amendment (which should not be necessary but somehow may in fact be needed) to the bill
in order to  clear up what is needed for the Workers Comp to come into compliance and respect the scope, intent and in 
fact the LAW as it is written.  
 
It was written clearly and with very little doubt as to what was and is intended as a remedy.
 
section 2 of the Alberta Bill 1 states:  
 
"If a worker who is or has been an emergency medical technician, firefighter, peace officer or police officer is 
diagnosed with post-traumtiac stress disorder by a physcian or psychologist, the post-traumatic stress disorder shall be presumed, unlyess the 
contrary is proven, to be an injury that arose out of and occurred during the course of the worker's employment in response to a traumatic even or series of 
traumatic events to which the worker was exposed in carrying out the worker's duties as an emergency medical technician, firefighter, peace officer
or police officer."
 
Comment by NAFFVN:
 
It is very easy to understand by reading the bill on line and by visiting the Hansard Directory as to what the legislature had in mind with bringing the bill into 
force.  Also for the Bill titled Alberta Bill 1 Hansard pdf on October the 30th 2012 listed as Hansard 367 @5;10 See comments by Mr. Anglin MLA the 
honourable Member for Rimbey-Rocky Mountain House and at 368 same date time Alberta Hansard.
 
What follows is the direct Quote from the Hansard (of the Alberta Legislature)  from October 30 2012 
 
"The Chair:  Thank you, honourable member.  Are there others that would like to speak to the amendment?
The Hon. Member from Rimbey-Rocky Mountain House-Sundre.
 
Mr. Anglin:  Thank you, Mr. Chair.  As I am listening to the various debates that have taken place on this side of the House and on the other side of the 
House, I think we're getting sort of off track in the sense that in order for this bill to even come into effect, somebody has to be dianosed with 
posttraumatic stress disorder.  This is just about the presumption that it is as a direct result of employment.  Thats it. Now one of the things that 
I think has been missing in debate is the issue of dealing with the WCB and how traumatic that can be for anybody who has ever delt with the WCB.
That is the elephant in the room" etc. he continues "in listening to the debates and some of the clarification #368 Alberta Hansard October 30,2012" he 
continues "coming from the other side of the House, these are people who have already been diagnosed so thats not a question here now.  They 
have been diagnosed with this disorder.  The question is:  do they now have to battle with the WCB to make sure that they have their other issues taken
care of?  I can tell you: boy, I wish this bill was 300 pages long to do a whole lot of work with the WCB, because they are a disaster.  That
s my statement.  Thank you".  End of Hansard quote by NAFFVN.
 
Easily if you are an Alberta First Responder with a diagnosis of ptsd then stand beside your Canadian Charter of Protective Privilage under Section 1 and Section
15 sub 1 as a person with a defined disability.  Use it every time you contact the wcb with your presumptive case.  Contact us if you need to clarify our standing 
using the Charter as your first use tool when you start the WCB two step.....most of those who already have tried and failed know where we are at with this
part of the equation. Read charter challenge for charter breech to be filed later.
 
We remain hopeful that Premier Redford will be able to apply her foot to the bottom line over at the Workers Comp of Alberta starting with her own minister in charge
and then working from the top down in that organization.  Stay tuned and remain hopeful.  The process is starting.... read your firefighter/first responder bill of rights 
on this web site.
 
Shannon H. Pennington Executive Director, Senior Chief
North American Firefighter Veteran Network
email:  This email address is being protected from spambots. You need JavaScript enabled to view it.
Ex Calgary Firefighter 26 years with "Clinically Diagnosed Presumptive Post Traumatic Stress Disorder" from May of 2000.
 
 
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