1. Assignment #4 - Case Study: Moral Rights in the Workplace
Problem Definition
To address the actual needs and circumstances of workplace injuries causing workers to suffer from chronic pain and potential
permanent disability within the Workers’ Compensation Board (WCB).
Background Information
Cory Nagy injured his knees at work lifting a side of beef. An MRI showed massive tearing of the meniscus (cartilage) underneath the
knee requiring surgery. Cory Nagy suffered from acute damage severely limiting his ability to work in his existing capacity
considering that the weight of a side of beef ranges from 150-250 lbs. Also as a result of this work related injury Cory Nagy now
suffers from chronic pain.
Based on Jessica Nagy’s summary of her husband Cory Nagy’s situation it can be presumed that the Employer, Union, Workers’
Compensation Board and the Ministry of Labour Adjudicator consider her spouses injury to be a standard injury and provided him
with a Functional Restoration Program. The medical proof of the MRI and subsequent indicators of chronic pain suggests that these
stake holders have taken the position of denying the reality of his pain reinforcing widespread negative assumptions held by many of
the key stakeholders of this process.
Concerns of Key Stakeholders
The Key Stakeholders consist of and are concerned with:
Cory Nagy is concerned with obtaining fair treatment and compensation for his work related injury.
Doctors:
 The WCB doctor would appear to have made a biased judgment in favour of his employer (WCB) possibly causing Cory
Nagy more harm.
 The other doctors and surgeons concerns seemed objective and related to the injury.
Workers’ Compensation Board (WCB), Ministry of Labour Adjudicator, Ministry of Labour, Employer
Union stakeholders appear to be concerned with following a narrow interpretation of the WSIB scheme and guidelines without regard
for Cory Nagy’s actual circumstances.
Strategic Goal
Improve the circumstances of a disadvantaged group while continuing to challenge the provisions of this WCB scheme. Supreme
Court of Canada (2003, October)
Objectives
Address the needs of workers who, despite treatment, remain permanently disabled by chronic pain. Improve the circumstances of
this more disadvantaged group. Acknowledge the reality of the pain suffered by the affected workers. Eliminate the widespread
negative assumptions held by many of the key stakeholders of this process. Supreme Court of Canada (2003, October)
Analysis
The findings of the Supreme Court citation: Nova Scotia (Workers’ Compensation Board) v. Martin, Nova Scotia (Workers’
Compensation Board) v. Lauer presents the most compelling and ethically based decision regarding differential treatment of injured
workers suffering from chronic pain and potential permanent disability. The current scheme for measuring and evaluating an injured
workers WCB claim is faulted in that it does not recognize the unique nature and limitation of chronic pain. Although quantifiable

2. medical assessments can support Cory Nagy’s impairment, this fact remains ignored and denied. In addition to this, obvious
prejudices among many of the key stakeholders of this process are widely apparent. For example, the Doctor in particular assigned to
Cory Nagy’s case by WCB appears to have caused him more physical harm than good while the entire process is clearly emotionally
and financially damaging to Cory Nagy.
A fair, more considered and reasonable system is required to ensure that this abuse of authority and power is not perpetuated. As well,
an obligation is required to ensure that medical and professional representatives facilitating this process are competent. An
accountability system, such as the College of Physicians and Surgeons could also serve as a deterrent for regulating and penalizing
unethical and exploitive behavior like we see in this case.
Alternatives (Action Steps)
Accept the findings of the WCB with the associated financial hardships and indignities.
Obtain legal counsel. File a duty to fair representation claim against the union for misrepresentation. File an appeal citing Nova
Scotia (Workers' Compensation Board) v. Martin and other related cases complete with supporting documentation and records of this
case. Also, file a complaint with the College of Physicians and Surgeons regarding the conduct of the WCB doctor.
Evaluate Alternatives
The first alternative offers no satisfactory re-course. In addition to the chronic pain, financial hardships and the general
indignity of being unfairly treated will be a constant stress.
The second option requires considerable commitment and effort that may be challenging physically, emotionally and financially. The
issue of chronic pain may not be corrected but financial status and dignity can be restored. Additional benefits include:
 Becoming a champion of other workers permanently disabled by chronic pain.
 Assisting in the elimination of the widespread negative assumptions held by many of the key stakeholders of this process.
Recommended Action
Obtain legal counsel, appeal this decision as discriminatory and challenge the constitutionality of the applicable guidelines, which
attributed the relevant permanent impairment rating to the injuries. File claim against the union if required for failure to provide fair
representation. Also, consider filing a complaint with the College of Physicians and Surgeons regarding the conduct of the WCB
doctor.

3. References
Supreme Court of Canada (2003, October). Citation:Nova Scotia (Workers' Compensation Board) v. Martin; Nova Scotia (Workers'
Compensation Board) v. Laseur, 2003 SCC 54, [2003] 2 S.C.R. 504. Retrieved July 10, 2011 from
http://scc.lexum.org/en/2003/2003scc54/2003scc54.html.