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"The fight is never about grapes or lettuce. It is always about people." Cesar Chavez |
:: Thursday, April 10, 2003 ::
Poisoned carpenter wins fight with WCB Adrienne Tanner The Vancouver Province
Thursday, April 10, 2003
A carpenter who suffered the highest level of thallium poisoning of 65 workers exposed at Teck Cominco's Trail site in 2001 has won his WCB appeal.
Carey Bagg's benefits were cut off in March 2002 after an Edmonton physician the Workers Compensation Board sent him to see ordered him fit to return to work.
The Fruitvale father of two sought second opinions from three other physicians, all of whom agreed he was totally disabled.
Still, the WCB refused to reverse the decision.
Bagg appealed and found out yesterday he will receive about $48,000 in back payments and reimbursement for costs.
Lesley Christensen, the appeal adjudicator, said she accepted the findings of the three B.C. physicians who stated that Bagg was totally disabled and unable to work as a carpenter. She instructed the board to continue paying Bagg until further investigation into his health is done.
Bagg and his wife Nancy were much relieved by the ruling.
"This gets rid of all the stress we've been through. We've been living on the overdraft at our bank," Bagg said.
Nancy Bagg said the monetary pressures were bad enough but it was equally stressful to have her husband's credibility questioned.
In high doses, thallium -- once a popular rat poison -- can cause nerve damage, hair loss and chronic pain.
Bagg still experiences muscle spasms, fatigue, headaches and sleep loss.
Noreen Hall, the WCB advocate for the Carpenters Union, said the appeal decision has righted an injustice.
"He finally got what he was entitled to. He shouldn't have had to go through this whole process," Hall said.
Teck Cominco publicly apologized for the incident and last spring was fined $270,000 for failing to supply workers with a complete list of toxic substances at the worksite.
Bagg and Dean Moon, another worker exposed in the 2001 incident, are the only two employees still on compensation.
atanner@png.canwest.com
Copyright 2003 The Province------------------------------------------- posted 5:07 PM :: reference link ::
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