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PEI

'This is ridiculous': Injured bus driver says he's waiting too long for Workers Compensation hearing

A shortage of provincial worker advisors is creating a backlog of injured workers waiting for workers compensation tribunal hearings.

Province says caseloads have risen and staff are struggling to keep up

Wood says he has been waiting more than a year now for a hearing at the Workers Compensation Appeal Tribunal. He was first injured nearly five years ago. (Brian Higgins/CBC)

Irwin Wood has been waitingfor more than a year to havehis case heard bythe Workers Compensation Appeal Tribunal, and he's had enough.

"I can't wait any longer. This is ridiculous," said Wood. "These people, you know, I'm sure if it was their job and they were injured, they'd be justas peed-off as I am."

Wood, 56, has been off worknearly five years due to knee injuries. The appeal tribunal is his court-of-last-resort as he attempts to have his benefits restored.

Turns out the bottleneckis not with the actual tribunal. It's in the office of the worker advisor, which is within the labour divisionof the Department of Workforce and Advanced Learning.

'Unusually high' number of cases

The worker advisor's office providescaseworkers, free of charge, tohelp workers like Wood prepare their legal arguments.The office currentlyhas 85 appealcases on its hands, including Wood's case. Three years ago, it had just 20.

"This would be unusually high," said ShawnShea, acting director of theLabour and Industrial Relations Division, which oversees the worker advisor office."And we are working aggressively to try and have that scope of work completed."

But efforts to clearthe backlog, so far, have not worked.

The office normally employs one full-time lawyer. The position is temporarily vacant and attempts to find a replacementhave fallen short. The officeis currently staffed one day a week by a lawyer, with help from two research assistants.

Irwin Wood, 56, wants government to unplug the bottleneck that he says has delayed his efforts to have his workers compensation claim settled. (Brian Higgins/CBC)

P.E.I.'s aging workforce may beone reason forthe increase in caseload, according toShea. Medical issues tend to be more complex among older workers. And the Island labour force is more aware of its rights,compared to when the servicewas established 22 years ago, saidShea.

The province is now grappling with the prospect that one lawyer is notenough.

Minister 'aware of the issue'

"Certainly there's more demands arising," said Shea. "So the question we're asking ourselves now is a fair question ...'What is the appropriate complement of human resources we may need in the office?'"

The province says it is committed to reducing wait times for appeals, according to astatement provided to CBC from the office of Sonny Gallant, minister of workforce and advanced learning.

Caseloads are 'unusually high' according to Shawn Shea, director of the Labour and Industrial Relations division. (Brian Higgins/CBC)

"The minister is aware of the issue regarding wait times for appeal and is currently actively working to increase the capacity of both the office of the worker advisor and the Workers Compensation Appeal Tribunal," the statement reads in part.

The province's plan to streamline appealsincludes possibleuse of one-person tribunal panels to hear appeals. Provincial legislation currently requires a three-person panel to hear all appeals.

'Get more people in'

Eight of the 85 cases now at the worker advisor's officehave been in the works for over a year, according to the province.

Irwin Wood says he now plans to pursue his appeal without the province's help.

"What these people don't understand is that the reason that they're there is because there's injured workers or ill workers," said Wood. "And if they're overworked, which I understand, maybe they're overworked. Well, get more people in."