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There have been numerous correspondences with this office over the years, far too many to post here. The following
are merely a sample of the letters I’ve written, and the responses I’ve received.
Thomas
Brown 1114 - C Blackwood St. N. Regina, Sask. S4X 3E5
July
4, 2005
Re: Your file # RG-03-024
Chief Commissioner Scott:
You had previously reviewed my situation,
and I refer you specifically to your correspondence of January 30, 2004.
In this correspondence you stated:
“The Board could be in violation of our legislation if it refused to cover certain types of work-related injuries,
or if it refused to cover work-related injuries suffered by pregnant women, or if it refused to cover work-related injuries suffered by someone who already had a disability. In all of
those situations the Board would be denying its services to a certain class of individuals based on their particular health
status. Those individuals would be denied the very coverage the legislation is intended to deliver.”
The
one aspect of my WCB claim that all parties agree upon, is that I already had a disability prior to my 1997 injury (Degenerative
Arthritis of the cervical spine). As you know, it is the contention of my physicians, my employer, and myself, that
my 1997 injury was undeniably work-related. It is also our contention that the Board denied its services based on my particular
health status. Regardless that there are no less than 3 instances where I was denied coverage that legislation is intended
to deliver (Sections 25(2), 29, and 50 of The Workers Compensation Act), your office has refused to intervene.
An
obvious example of where the Board exceeded its jurisdiction and violated my right to non-discriminatory treatment, is indicated
in its’ April 21, 1999 decision:
“While Mr. Brown has medical support through Dr. Ekong’s report (neurosurgeon) and Dr. Katz’s submission
(family physician), the factual review of the possibility concerning
disc protrusion occurring as a result of flexing one’s neck backward to perform the duties of polesawing, could not
physically result in a posterior disc protrusion. Therefore the board find that the medical opinions presented must
be discounted as incomplete.
The simple facts of the matter are that the action of extending one’s neck would not result in a posterior disc
protrusion. Alternatively, Mr. Brown’s neck condition, with
numerous osteophytes and degeneration could certainly result in a posterior disc protrusion.”
With
this statement the Board countered expert medical opinion that my injury had resulted from this physical action,
with its’ own unsubstantiated, non-medical opinion. The issue of whether or not a posterior disc protrusion could result
from flexing one’s neck backward, is not an issue for “Factual” review by the Board. This is a
medical issue and to date, despite 3 formal requests, the Board has refused to provide medical evidence that supports its’
statement. The fact of the matter is, the Board has refused to provide any evidence that supports its’ statement. This
by any definition, is an admission of guilt. The Board wilfully discounted medical evidence that supported a work-related
injury, and placed responsibility for that injury on a disability. This by any definition, is discrimination on the basis
of a disability. Further evidence of this discrimination occurred when the Board itself obtained, yet disregarded,
independent medical opinion that corroborated those of my physicians.
Please
find attached to this email, my most recent appeal to the WCB. In this you will find detailed descriptions of all aforementioned
issues, as well as other incidents of discriminatory treatment. Please be advised that this and all documentation pertaining
to my case, will be made available to the Canadian Human Rights Commission, various government officials, and the media (local
and national).
In
your January 30, 2004 correspondence you also stated:
“Our role is to investigate complaints of discrimination and present evidence to a tribunal. The decision of the
tribunal is subject to appeal in the Courts. I would not be doing you a service if I allowed your complaint to proceed knowing
that it could not succeed before a tribunal or in the Courts.”
I
have given this statement much thought, and have concluded that you would indeed be doing me a service if you allowed
my complaint to proceed. I have lived with the Boards’ discriminatory treatment for nearly 8 years now, yet I remain
hopeful that it will eventually be acknowledged, and dealt with accordingly.
I
look forward to your response.
Sincerely,
Tom Brown
Cc:Minister of Justice
Premier’s Office
----- Original
Message -----
From: Tom Brown
To: Chief Commissioner of the SHRC
Sent: Monday, August 29, 2005 2:28 PM
Subject: Your response?
Thomas Brown
1114-C Blackwood St. N.
Regina, SK. S4X 3E5
August 29, 2005
Commissioner Scott:
It has now been
some 60 days since I sent you the attached enquiry. Could you please advise as to whether or not it is under consideration?
Tom Brown
----- Original Message -----
From: Scott, Donna SHRC
To:
'Tom Brown'
Sent: Wednesday,
August 31, 2005 10:13 AM
Subject:
RE: Your response?
Dear Mr. Brown,
Please accept my apology for not responding sooner. Assessment of your inquiry has
not yet been completed, due to summer vacation leaves within our office. I will provide you with a response as soon
as possible.
I appreciate your patience in this regard.
Sincerely
Donna Scott, Q.C.
Chief Commissioner
Saskatchewan Human Rights Commission
Phone (306) 933-7796
Fax (306) 933-7863
Email: dscott@shrc.gov.sk.ca
----- Original
Message -----
From: Tom Brown
To: Chief Commissioner of the SHRC
Sent: Tuesday, September 20, 2005 7:18 PM
Subject: Our correspondences are posted on the web
Thomas Brown
1114-C Blackwood St. N.
Regina, SK. S4X 3E5
September 20, 2005
Chief Commissioner Scott:
Please be advised that I have posted our recent correspondences on my website, together with a direct link
to your email address. You can access these correspondences via my home page at:
https://tombrownskwcb.tripod.com/
Alternatively, you can directly access these correspondences at:
https://tombrownskwcb.tripod.com/id16.html
Please note that my website “Appealing the Saskatchewan WCB” is now searchable through
Yahoo, Google, and MSN. In addition to this, direct links are posted on several other websites including “Community
Of Injured Workers In Canada”, and “Injusticebusters.com”.
Sincerely, Tom Brown
To give readers an opportunity to comment on the preceding, I initially had posted the Chief Commissioner's
email address here. However, I've recently learned she is no longer in this position.
