Thank you, Mr. Speaker. Mr. Speaker, I wish to speak in regards to the WCB’s policy toward those with chronic pain syndrome and the implication of the Valic decision.

Mr. Speaker, from my reading, this is a groundbreaking decision that requires substantial changes to the WCB policy and its failure to allow for permanent and partial disability to those with chronic pain syndrome at all levels of adjudication. It is not a good thing in administrative law, Mr. Speaker, to be told that a decision body was patently unreasonable, violated natural justice, it's fettered its discretion and it has violated someone’s Charter rights under section 15. I have to say to the Minister and the board, in case your lawyer is not telling you this, this is definitely a Supreme Court judge telling you that somebody somewhere in your organization, and I see many in the decision, have missed the boat and you better clean it up and clean it up fast. That means doing a lot more than simply reconstituting a new appeals tribunal as suggested by the Minister last week.

Mr. Speaker, Justice Schuler also ruled that the tribunal did not give any real consideration to reports of physicians who had provided evidence of Mr. Valic’s impairment that could qualify for PPD. Where have I heard this before, Mr. Speaker? There are so many cases similar to Mr. Valic’s situation in my constituency. Justice Schuler also rejected the board’s argument that Mr. Valic was not discriminated against, because, basically, he was treated as badly as everyone else with chronic pain syndrome. Thank goodness, Mr. Speaker, the court had the sense to say that two wrongs or many wrongs done equally does not get you out of section 15 requirements.

Lastly, Mr. Speaker, in paragraph 76 of her decision, she stated that because WCB be recognizes chronic pain as a temporary condition only, it lends itself to the interpretation that if treatment is unsuccessful, that is likely the fault of the worker. This approach to chronic pain as a temporary condition does not accept that some workers may be permanently disabled by it. Accordingly, WCB does not provide for these workers and, in failing to do so, discriminates against these workers infringing on their section 15 rights.

Mr. Speaker, I ask you, what could be more clear? I suggest that the Minister and the board stop listening to their in-house counsel and step up to the plate and start making some real progressive and proactive policy changes forthwith. Thank you, Mr. Speaker.

---Applause