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WSIB lawsuit: Fired
hospital worker details struggles after losing his claim
hospital worker details struggles after losing his claim
Doctor's lawsuit claims she was pressured to
reverse her medical opinion in worker's favour.
reverse her medical opinion in worker's favour.
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FRED
THORNHILL
THORNHILL
Shawn
McCabe at his home in Courtice, Ont.
McCabe at his home in Courtice, Ont.
By: Jacques Gallant Staff Reporter, Published on Sat
Sep 26 2015
Sep 26 2015
An
injured hospital worker who says his claim was denied by the Workplace Safety
and Insurance Board — despite backup from a doctor who allegedly provided a
medical opinion in his favour — is going public with how he
struggled to earn a living after losing his job.
injured hospital worker who says his claim was denied by the Workplace Safety
and Insurance Board — despite backup from a doctor who allegedly provided a
medical opinion in his favour — is going public with how he
struggled to earn a living after losing his job.
Shawn
McCabe, a 46-year-old father of two, says he worked as a security guard at
Rouge Valley Centenary hospital in Scarborough for 17 years until he was
terminated in September 2014, a year after being injured on the job.
McCabe, a 46-year-old father of two, says he worked as a security guard at
Rouge Valley Centenary hospital in Scarborough for 17 years until he was
terminated in September 2014, a year after being injured on the job.
Dr.
Brenda Steinnagel, a Hamilton-area physician who was working as a medical
consultant to WSIB at the time, claims she wrote a medical opinion on his case
that concluded his emotional issues could be related to the head injury he
sustained.
Brenda Steinnagel, a Hamilton-area physician who was working as a medical
consultant to WSIB at the time, claims she wrote a medical opinion on his case
that concluded his emotional issues could be related to the head injury he
sustained.
Steinnagel
is alleging in a $3.2-million lawsuit, which does not name McCabe, that she was
terminated last April over the case. Her suit against the WSIB and her former
employer, Vaughan-based Workplace Health and Cost Solutions, claims that she
was repeatedly pressured to change her opinion on the case, and that the two
organizations tried to force her to participate in a “fraud upon the public.”
is alleging in a $3.2-million lawsuit, which does not name McCabe, that she was
terminated last April over the case. Her suit against the WSIB and her former
employer, Vaughan-based Workplace Health and Cost Solutions, claims that she
was repeatedly pressured to change her opinion on the case, and that the two
organizations tried to force her to participate in a “fraud upon the public.”
Steinnagel
alleges she was fired after her employer provided a different opinion to the
WSIB, “thereby providing WSIB with the false and fraudulent opinion it needed
to deny the hospital worker his benefits,” according to her statement of claim.
alleges she was fired after her employer provided a different opinion to the
WSIB, “thereby providing WSIB with the false and fraudulent opinion it needed
to deny the hospital worker his benefits,” according to her statement of claim.
None of
the allegations has been proven in court, and both the WSIB and WHCS deny any
wrongdoing. They have not yet filed statements of defence.
the allegations has been proven in court, and both the WSIB and WHCS deny any
wrongdoing. They have not yet filed statements of defence.
Steinnagel’s
lawsuit has highlighted concerns about the WSIB’s practices that some lawyers
and paralegals say they have been expressing for years.
lawsuit has highlighted concerns about the WSIB’s practices that some lawyers
and paralegals say they have been expressing for years.
“The
issue that has risen to the top is that the single-minded focus of the WSIB
seems to be to save costs no matter what the consequences are,” said
Uxbridge-based paralegal Hilary Balmer, who deals exclusively with injured
worker cases. She was speaking generally and is not involved in McCabe’s case.
issue that has risen to the top is that the single-minded focus of the WSIB
seems to be to save costs no matter what the consequences are,” said
Uxbridge-based paralegal Hilary Balmer, who deals exclusively with injured
worker cases. She was speaking generally and is not involved in McCabe’s case.
McCabe,
who says he’s actively looking for work, had been living off of employment
insurance until it ran out in August. He says he’s now looking at having to
cash in his pension, a decade before he planned to retire.
who says he’s actively looking for work, had been living off of employment
insurance until it ran out in August. He says he’s now looking at having to
cash in his pension, a decade before he planned to retire.
He
described Steinnagel as brave in an interview with the Star, and said he
decided to come forward after reading her story in Wednesday’s newspaper, in
which he was not identified.
described Steinnagel as brave in an interview with the Star, and said he
decided to come forward after reading her story in Wednesday’s newspaper, in
which he was not identified.
“I’m
without any benefits. I’m without any care,” said McCabe, who is appealing the
WSIB’s decision.
without any benefits. I’m without any care,” said McCabe, who is appealing the
WSIB’s decision.
“When I
got this letter saying I was turned down, I said I didn’t understand. My (WSIB)
case manager told me that a third consultant had ruled against my claim and
that was the end of the story.”
got this letter saying I was turned down, I said I didn’t understand. My (WSIB)
case manager told me that a third consultant had ruled against my claim and
that was the end of the story.”
Shortly
after being denied, he said he suffered a heart attack.
after being denied, he said he suffered a heart attack.
The WSIB
and the hospital declined to comment on McCabe’s case.
and the hospital declined to comment on McCabe’s case.
McCabe
said he suffered a number of injuries, including to his head, after trying to
restrain a patient in the hospital’s psychiatric intensive care unit on Dec.
20, 2013. He said he collided with a Toronto police officer when they both
tried to bring the patient under control.
said he suffered a number of injuries, including to his head, after trying to
restrain a patient in the hospital’s psychiatric intensive care unit on Dec.
20, 2013. He said he collided with a Toronto police officer when they both
tried to bring the patient under control.
After
that, McCabe said, he didn’t recognize himself. He would cry for no reason and
became increasingly irritable, while still trying to do his job on a modified
work plan. “I was suffering from this profound sense of sadness,” he said.
that, McCabe said, he didn’t recognize himself. He would cry for no reason and
became increasingly irritable, while still trying to do his job on a modified
work plan. “I was suffering from this profound sense of sadness,” he said.
Prior to
the incident, he said, he was always able to keep his cool.
the incident, he said, he was always able to keep his cool.
“After 17
years in the health care system and seeing the atrocities of what one human can
do to another, being able to compartmentalize that and do your job in a
professional manner has allowed me to keep my emotions in check,” he said.
years in the health care system and seeing the atrocities of what one human can
do to another, being able to compartmentalize that and do your job in a
professional manner has allowed me to keep my emotions in check,” he said.
Things
came to a head by fall 2014, McCabe said, when he got into what he described as
a shouting match with a manager. He said he was suspended with pay, and
ultimately terminated.
came to a head by fall 2014, McCabe said, when he got into what he described as
a shouting match with a manager. He said he was suspended with pay, and
ultimately terminated.
“This is
totally out of character for me,” he said. “You have no idea the months that I
spent asking my wife, asking other people: Am I violent? Do you perceive me as
violent, as threatening? Because God knows I don’t want to be that person. I
want to get help.”
totally out of character for me,” he said. “You have no idea the months that I
spent asking my wife, asking other people: Am I violent? Do you perceive me as
violent, as threatening? Because God knows I don’t want to be that person. I
want to get help.”
He said
he notified the WSIB of the incident and losing his job. He said his claim file
was sent to one medical consultant, and then to Dr. Steinnagel for a second
review in late 2014. (He said he only learned that she had concluded his mental
health issues could be related to his injury after his lawyer received the file
from the WSIB this year.)
he notified the WSIB of the incident and losing his job. He said his claim file
was sent to one medical consultant, and then to Dr. Steinnagel for a second
review in late 2014. (He said he only learned that she had concluded his mental
health issues could be related to his injury after his lawyer received the file
from the WSIB this year.)
An
ex-employee of WHCS, Steinnagel’s former employer, said Steinnagel was the
busiest consultant at WHCS, closing 40 files a week on time. The employee, who
has also worked at WSIB and asked to remain anonymous because she still has a
professional relationship with the agency, alleged that Steinnagel was not the
first consultant to lose her job at the request of the WSIB.
ex-employee of WHCS, Steinnagel’s former employer, said Steinnagel was the
busiest consultant at WHCS, closing 40 files a week on time. The employee, who
has also worked at WSIB and asked to remain anonymous because she still has a
professional relationship with the agency, alleged that Steinnagel was not the
first consultant to lose her job at the request of the WSIB.
The
company also previously removed from its roster an independent contractor, who
had apparently had a confrontation on the phone with a WSIB physician over a
medical opinion, the employee claimed.
company also previously removed from its roster an independent contractor, who
had apparently had a confrontation on the phone with a WSIB physician over a
medical opinion, the employee claimed.
“I cannot
comment because we have no knowledge of any of this,” said WHCS lawyer, Greg
McGinnis.
comment because we have no knowledge of any of this,” said WHCS lawyer, Greg
McGinnis.
“To me,
it’s really wrong what they did to Brenda,” the employee told the Star. “The
only person besides Brenda who got screwed out of this is the worker.”
" it’s really wrong what they did to Brenda,” the employee told the Star. “The
only person besides Brenda who got screwed out of this is the worker.”
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