Workers’ Compensation for Injured Transit Driver (May 9, 2011)
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Mr. MacDonald: Thank you. Tom Bregg continues to heal from the brutal assault which occurred on December 3, 2009, while operating a city bus for Edmonton Transit System.
He has permanently lost the use of his left eye and still requires further facial surgeries. The WCB has been threatening to cease wage replacement for noncompliance. My first question is to the minister in charge of the WCB. Why is this man, an innocent victim of a vicious, violent crime, having his benefits threatened by the Workers’ Compensation Board at this time?
Mr. Lukaszuk: Mr. Speaker, first of all, what has happened to this gentleman was despicable, and from occupational health and safety purposes I hope something like this never happens again.
Now, with respect to his recovery he, thankfully, is recovering and under the good care of medical doctors here in the province. The Workers’ Compensation Board reviews medical reports that are submitted by his treating physicians, and ultimately there will be a joint decision made on whether he is capable of returning to some form of employment. Ultimately, I imagine he also would like to return to some form of employment. But I cannot comment on the decision because no decisions have been made at this point.
Mr. MacDonald: Mr. Speaker, again to the same minister: given that in a message to stakeholders the minister said, “I am pleased to work with the Workers’ Compensation Board to ensure this province’s workers and employers have a strong and stable source of support when workplace injury strikes,” how is the WCB’s threat to cease wage replacement for Mr. Bregg a strong and stable source of support when workplace injury strikes?
Mr. Lukaszuk: Mr. Speaker, the WCB does not threaten. They make decisions. Either they make a decision to remove benefits or to not. Then there is in place a due process for appeals if a worker is not satisfied with the decision. Having said that, no such decision has been made. I firmly believe that a decision will be made based on medical evidence in the best interests of the worker, making sure that when he is able to return to some form of modified employment, that opportunity will be extended to him.
The Speaker: The hon. member.
Mr. MacDonald: Thank you. Again to the same minister. I have spoken to Mr. Bregg and his family and have permission to discuss this matter.
The Speaker: But you don’t have opportunities for preambles in your question.
Mr. MacDonald: Why are the city of Edmonton’s director of labour relations and the Workers’ Compensation Board spokes-person discussing the case of this innocent man, who was the victim of a violent crime, in public?
Mr. Lukaszuk: Well, Mr. Speaker, this is quite ironic because, unlike this member, I will not discuss this case in public. Hence, I will not be making any comments to that specific case. If the worker chooses to divulge the details of his case, he’s always more than welcome to do that. Workers’ Compensation has not been discussing this case in public either.
I have to tell you, Mr. Speaker, that if there are any issues on the file, there is a course of appeal that a worker can undertake, and the decisions are made based on the medical evidence. I will make sure that the right decisions are made because the process is such that it leads to proper decisions.
Alberta Hansard, May 9, 2011