Injured Worker Benefits
Injured workers may struggle to deal with the sudden change of life with illness or injuries as well as the challenges of pursuing the appropriate monetary compensation, of complying with a return to work plan, among other things, including the duties of an injured worker such as the scheduling of, and attendance at, medical appointments, the completion and submission of various documents, among other concerns as required by the Workplace Safety and Insurance Board, or the Workplace Safety and Insurance Appeals Tribunal. Even for a person in good health, attending to all the requirements can be overwhelming; and accordingly, much more troublesome while injured or ill.
If you are an injured worker, PRN Legal may be available to help you to get all the benefits that you are entitled to as per the Workplace Safety and Insurance Act, 1997, S.O. 1997, Chapter 16, Schedule A while helping you to also understand your rights and duties under the Act.
Additionally, PRN Legal has years of experience reviewing medical records. We are able to find things that insurance companies overlook, or do not understand the holistic impact of disability can bring to someone life. We will work with you and your insurance company directly to advocate your position and seek the benefits you are entitled to. PRN Legal, can also file claims against insurance companies, if warranted, for claims up to $35,000.
Health Professions Appeal Review Board (HPARB).
The HPARB primarily hears matters in regard to appealing decisions made by Health Professionals Colleges’ Inquiries, Complaints and Reports Committees (ICRC). Additionally, the Board also hears matters related to Physicians’ hospital privileges within Ontario.
HPARB is empowered by the Regulated Health Processionals Act, 1991 to review and appeal decisions made by the ICRC of 28-self-regulated health professions in Ontario.
If you have been subject to an ICRC investigation, and disagree with their findings, you can appeal their decision at the HPARB. This is not considered a trial against your college, but a review by the HPARB of the investigation process by the ICRC, or the reasonableness of their decision. Therefore, the College will not be a party in your application, but they will be made aware of the outcome, or be present at the review.
The HPARB, has the authority to either:
Confirm all or part of the Committee’s decision;
Make recommendations to the Inquiries, Complaints and Reports Committee
Inform the ICRC to act within their jurisdiction, by conduct further investigating and/or considering all or particular aspects of the complaint, or to make a particular disposition of the matter, such as, taking no further action, requiring remedial action of the member who is the subject of the complaint, or referring the member under investigation to the Discipline Committee.
At PRN Legal we understand the stress of any College investigation brings, not to mention the ongoing battle when the wrong conclusion is made against you. We have experience in guiding our clients through this process, and advocating for your rights as a professional. Colleges’ hold their members to the highest level, let us assist you in holding the ICRC to that same level.
Ontario Labour Relations Board (the "OLRB")
The Ontario Labour Relations Board (the "OLRB") hears disputes involving various issues between employees and employers including matters stemming from the Occupational Health and Safety Act, R.S.O. 1990, c. O.1 such as workplace safety violation concerns as well as the Employment Standards Act, 2000, S.O. 2000, Chapter 41 such as concerns around rights regarding wages, vacation time, among many other things, as well as issues arising from many other statutes for which the OLRB holds adjudicative jurisdiction. As an independent adjudicative tribunal, the OLRB reviews evidence and relevant legal arguments and then, following interpretation and application of the relevant statute law, renders and issues decisions. Prior decisions of the OLRB, for public interest purposes and for availability as reliable precedents, are available from the Canadian Legal Information Institute. The primary role of the OLRB is to support and encourage positive relations in matters involving employees, unions, and employers.
PRN Legal advocate for healthcare professionals rights in the workplace
Small Claims Court Does Not Mean Simple Court! Cases Can Be Brought for Up to $35,000 involving Complex Legal Matters and While Laypersons Are Permitted to Represent Themselves, Professional Lawyer and Paralegal Representation Likely Offers the Greatest Chance For Success.
As is stated upon the website for the Ministry of the Attorney General, the Small Claims Court is the busiest civil litigation court in Ontario. Additionally, whereas the Small Claims Court is mandated to process matters quickly, receiving professional Small Claims Court paralegal assistance from PRN Legal is of great importance.
With claims of up to $35,000 per Plaintiff, cases in the Small Claims Court are rarely viewed as small to most people; and accordingly, PRN Legal treats these, and all matters, with utmost importance. Furthermore, whereas these claims may involve legal issues just as complex as the cases litigated in the higher civil court, such is another reason why the professional Small Claims Court paralegal services of PRN Legal may be of great assistance and benefit.
Health Services Appeal and Review Board(HSARB)
The Health Services Appeal and Review Board (HSARB) conduct appeals and reviews under twelve different health care statutes:
The proceedings under each of the statutes range from oral appeals to written reviews. The Board will hear appeals that include:
Decisions of the Ontario Health Insurance Plan (“OHIP”) under the Health Insurance Act respecting eligibility for OHIP coverage and payment for services;
Decisions of approved agencies under the Home Care and Community Services Act, 1994 regarding eligibility for and amount of community services;
Orders of the Medical Officer of Health or public health inspectors under the Health Protection and Promotion Act;
Orders and decisions of the Director under the Long-Term Care Homes Act, 2007;
Decisions of the Director under the Independent Health Facilities Act with respect to licensing of independent health facilities.
Benchmark Legal has a solid understand of the Ontario’s health system, and prepares our clients for, and speaks for your rights during the whole appeal process.
Health Professional Disciplinary Hearings
Health Professionals are regulated by their respective College, and are enacted by the Regulated Health Processionals Act, 1991, and by their profession’s specific legislation, for example Nursing Act, SO 1991, for Registered Nurses and Registered Practical Nurses in Ontario.
Regulatory Colleges are mandated to protect members of the public, by ensuring healthcare professions are regulated and safe to practice, they are not there to defend the health professional. On receipt of a compliant the College is mandated to fully investigate the compliant through a process by the College’s Inquiries, Complaints and Reports Committees (ICRC). The ICRC has the right to instruct the College Investigator to interview any witnesses, including the Professional during the course of their investigation. The Professional is also required to provide a written response to the complaint. Based on the outcome of the College Investigator refers your matter to the ICRC for review. The ICRC can make the following decisions:
Take no further action
Undertaking to further education
Provide an official caution
Referral to Disciplinary Hearing
Any referral to the Disciplinary Board, or decision by the Board will be published on the College’s website, for public viewing. These decisions can have immediate impact to your professional status, and or, your career within the profession.
PRN Legal has experienced dealing with disciplinary matters, and appreciates the stress any investigation can cause. This process can appear accusatory, and places the professional in a position to defend their actions. We will advocate for you, every step of the process, and ensure that your side of the story is heard.
In Ontario, all people are entitled to protection against various forms of mistreatment as per the Human Rights Code, R.S.O. 1990, c. H.19 which prescribes that five (5) key areas of concern are protected from discrimination. The five (5) key protected include services, accommodations, employment, contractual relationships, and vocational associations.
In seeking protections under the Human Rights Code, an Application can be brought to the Human Rights Tribunal of Ontario which will review the complaint, hear arguments from advocates, and adjudicate a decision with available remedies ranging from an Order of monetary compensation and/or forms of alternate resolution.
In addition to protections against discrimination, the Human Rights Code also includes provisions for protection against reprisal for seeking the protections provided for by the Human Rights Code. The reprisal protection assures that those who bring complaints to the Human Rights Tribunal of Ontario shall be free to do so without fear of recourse including intimidation or other wrongful responsive hardships.
Generally, with some exceptions, in regards to the five (5) key areas, the Human Rights Code states:
Every person has a right to equal treatment with respect to services, goods and facilities, without discrimination because of race, ancestry, place of origin, colour, ethnic origin, citizenship, creed, sex, sexual orientation, gender identity, gender expression, age, marital status, family status or disability.
PRN Legal works with health care professionals suffering from human rights injustice within their workplace.
Consent and Capacity
The Consent and Capacity Boardhears variety of health care related matters such as the involuntary admission of patients into psychiatric facilities, the consent to treatment for those incapable of genuinely granting informed consent, and the enforcement of a Community Treatment Order. Additionally, applications for review of the Consent and Capacity Board may be brought regarding consent to treatment of an incapable patient by a Substitute Decision Maker or for the replacement of the existing Substitute Decision Maker by another person.
A Consent and Capacity Board hearing occurs within seven (7) days of the application being filed, therefore there is little time to prepare for them, and the matters can be complex. As a healthcare professional in charge of a patients care you will always be called to provide evidence to the Consent and Capacity Board, either as an Applicant or a Respondent.
Scope and Power
The Consent and Capacity Board holds a broad scope of powers as authorized within five legislated statutes including:
The Child, Youth and Family Services Act, 2017, S.O. 2017, Chapter 14, Schedule 1;
The Health Care Consent Act, 1996, S.O. 1996, Chapter 2, Schedule A;
The Mandatory Blood Testing Act, 2006, S.O. 2006, Chapter 26;
The Mental Health Act, R.S.O. 1990, c. M.7;
The Personal Health Information Protection Act, 2004, S.O. 2004, Chapter 3, Schedule A; and
The Substitute Decisions Act, 1992, S.O. 1992, Chapter 30.
At PRN Legal we assist healthcare professionals to navigate the process of matters of the Consent and Capacity Board and to assist clients in every step towards obtaining the best possible outcome.