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My friend has been unable to work for the past five months following a serious bullying incident which occurred (and was witnessed) at work.

He has not received a penny—from employer, Manulife, or WCB—during those five months, despite providing regular absence certificates presented from his medical doctor.

Initially his company referred his case to Manulife to enable benefits to be paid; however, upon learning it was a work-related incident that triggered his condition, they closed his case file and said it needed to be dealt with by WCB (Alberta).

Three months after the WCB referral, a determination was rendered to refuse his WCB case on the basis of his doctor not providing the actual APA DSM-V assessment criteria related to his diagnosis—a diagnosis, by the way, upon which his doctor has confidently prescribed medication and, further, for which my friend has been meeting regularly with a provincial Health worker.

So WCB has now handed it all back to his company and are closing his case, unless he chooses to protest. His company have informed him they have heard from WCB and have referred his case back to Manulife to reopen his file since WCB refused his claim. The employer also wants to know if he intends to protest the WCB decision.

It is a total merry-go-round. The INJURED worker, meantime has totally exhausted his savings as nobody has paid him for five months, despite regular presentation of his doctor’s certificates.

His company told him not to worry about money at the beginning of all this. So… who is supposed to be—should have been—paying him all this time???

I can only imagine how the additional stress of not having any income is affecting my friend’s recovery. It is sad to see him being subjected to what can only be labelled as corporate bullying, when he is still trying to recover from the original workplace incident.

Typically an LTD insurer is only entitled to a deduction for what a claimant is entitled to receive from WSIB/WCB. That said, WSIB/WCB payments can be equal-to or greater-than LTD payments - potentially wiping them out entirely.

Whether the proper payor is WSIB/WCB or the LTD insurer (or perhaps both) requires a closer look at his file though.

I'm going to email you directly to get more information. It may be appropriate to set your friend up with a free consultation with one of our Albert-based LTD lawyers.
Sivan Tumarkin
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