Law Times

Law TiMes • May 7, 2012 Lawyer wonders what WSIB is up to would say that it wasn't his mandate. He heard about it but he wouldn't touch it," says Bartolo- meo, who' Continued from page 8 ion that experience rat- ings don't help workers at all. "It' cident prevention. It's s not about ac- about not paying for a claim. Professor Ar- thurs proposes that its success be measured, but what success can it have? employers to suppress claims and workers' rights by making it an adversarial system." Workers' advocates It pressures Harry Arthurs is recommending against a separate fund for occupational diseases. are happy with Arthurs' recom- mendation on indexing benefits for those with a partial disability, although employer groups are very concerned about the cost. "He does not feel that it is fair at all that just because you have a partial disability, you don't have your benefit indexed, erts. "He has rectified that even though he's aware that it will add " " says Rob- $2.2 billon a year in costs, which can only come from one source. The change will affect future benefits only if the government implements the recommenda- tion. Claims prior to 2005 may receive some partial adjustments from a special fund. "We are heartened that he has recognized the lack of proper compensation for older claimants," says Bartolo- meo. "But it does not go back and make up for the years lost." On the question of whether there should be a separate fund for occupational diseases, Arthurs has recommended against it. "He is not recommending the establishment of a separate fund, "However, moving forward, with a known disease, there may be addi- tional costs assessed to a particular sector where it originates, and with a new disease, the costs may be " says Roberts. What do your clients need? The means to move on. Guaranteed. Baxter Structures customizes personal injury settlements into tax-free annuities that can help your clients be secure for life. » Pre- and post- settlement consultation and support » Caring professionalism for over 30 years » No fee to you or your clients s of the opin- FOCUS divided partially be- tween the actual indus- try and the whole indus- try." ommending the re-es- tablishment of a medi- cal and scientific panel that formerly played an advisory role in the system. OBA members Arthurs is also rec- release. "It makes you wonder what the board is up to. He's also puzzled by the delay in the report's " LT necessity for full fund- ing. "Professor Arthurs leaves that question un- answered, generally welcomed Arthurs' overview, al- though many are anx- ious to hear more details. Bartolomeo was still leſt wondering if there' s a " he says. Quick treatment key to recovery Continued from page 12 it. "Wearing a helmet doesn't make a child invincible but it is a relatively easy fix to the problem of head injuries," she says. Injury prevention also advocacy skills really come into play. "Too many people are stuck in the system," says Nigel Gilby of Lerners LLP. "They spend months and s months waiting for media- tion, let alone arbitration and litigation. The whole philos- ophy of the current system was to get treatment sooner because that allows you to obtain the best outcome for individuals. There is abso- covers the notion of reducing the effects of injuries through timely treatment, an area where the legal profession' PAGE 13 'To help out in some way in injury prevention, especially in children, seems like a natural fit,' says Laurie Tucker. lutely no doubt that that's true. If you look at pro- fessional athletes, they are literally provided with treatment as they are taken off the field. They get intensive immediate rehabilitation and their out- comes are much better. That' general public." s not available to the LT ™ FREE BAXTER APP! FREE BAXTER APP! Need more information? DOWNLOAD OUR HANDY PRESENT VALUE/LIFE EXPECTANCY APP FOR YOUR MOBILE DEVICE AT BAXTERSTRUCTURES.COM DOWNLOAD OUR HANDY PRESENT VALUE/LIFE EXPECTANCY APP FOR YOUR MOBILE DEVICE AT BAXTERSTRUCTURES.COM Contact us at 1 800 387 1686 or baxterstructures.com Baxter_LT_Jan9_12.indd 1 www.lawtimesnews.com 12-01-05 4:13 PM

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