Paul's Video Podcasts

INJURED WORKER’S LEGAL SIDE WITH RICHARD & PAUL

Episode #1 – FORCED Return to Work

In this first episode Richard and Paul discuss the topic FORCED Return to Work. This is when a worker is FORCED to return to work by the WSIB and often times this is against the orders of the worker’s doctor and contrary to the Human Rights Code.  
I hope you find it informative and entertaining. 
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check out our websites www.finklegal.com www.paulsparalegal.ca 
You can also listen The Injured Worker’s Legal Side with Richard & Paul on your favorite podcast App. 

Episode #2 – Medical Clinics

 Richard and Paul discuss WSIB Medical Clinics and Treatment of Injured Workers.  
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check out our websites www.finklegal.com www.paulsparalegal.ca 
You can also listen The Injured Worker’s Legal Side with Richard & Paul on your favorite podcast App. 

Episode #3 – WSIB and Human Rights

 In this third episode Richard and Paul discuss the connections or lack thereof between the WSIB and human rights legislation.  
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law.
For more information check out our websites www.finklegal.com www.paulsparalegal.ca 

EPISODE #4 – Deeming

 In this fourth episode Richard and Paul discuss the most contentious subject of “DEEMING” or determining. This is where the WSIB decides that a work is medically recovered or partially enough to return to work. In most cases this is without any medical evidence and is often contrary to medical evidence provided by the injured worker’s doctors.  
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check out our websites www.finklegal.com www.paulsparalegal.ca 

Episode #5 – Paper Doctors

  In this fifth episode Richard and Paul discuss the WSIB’s use of “Paper Doctors” most.  This is where the WSIB sends the medical section of a injured worker’s claim file to a medical consultant. One that is picked and often regularly used by the WSIB. The purpose of the WSIB doing this is for the medical consultant to provide the WSIB with medical clarity. Unfortunately, in many cases the doctors will step outside the role of consultant and go so far as to provide a new medical diagnosis. The new diagnosis will claim the injured worker is fine and can go back to work. This is done without the consultant ever examining the injured worker. In effect, the “Paper Doctor” overrides the injured worker’s doctor diagnosis.  

Episode #6 – From an Injured Worker’s Perpective

 In this sixth episode, Richard and Paul have their first guest on the podcast. Mr. Ken Grysiuk is an injured worker from Winnipeg Manitoba. Ken’s case is of great interest as he was injured while working in one province, being Alberta, and living in another province, being Manitoba.    Ken discusses with Richard and Paul the difficulties he faced from the workers compensation board and their lack of any real assistance for him as a injured worker.    Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites
 www.finklegal.com  
www.paulsparalegal.ca 

EPISODE #7 – WSIB Strike

 In this seventh episode Richard and Paul discuss the reasons why the WSIB staff are going on strike. This includes overworked staff, use of AI and more.  
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites
www.finklegal.com  
www.paulsparalegal.ca 

Episode #8 – WSIB Strike Part # and Injured Worker’s Day – June 1st

  In this eight episode, Richard and Paul were going to talk about the age 65 issue but decided to change the topic due to the severity of the WSIB strike. They decided to focus on the WSIB strike part #2. To also discuss Injured Worker Day this Sunday June 1st.   The Link mentioned in the video for Injured Worker Day is: https://injuredworkersonline.org/june… 
 Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites
www.finklegal.com  
www.paulsparalegal.ca 

Episode #9 – Guest Speaker Kendal McKinney and the Meredith Act

 In this ninth episode, Richard and Paul speak with a former lawyer, Kendal McKinney. Kendal represented injured workers for many years. Now Kendal spends his retirement advocating for injured workers. One way Kendal has done this was by drafting a new workers compensation law. A law that Kendal has called the “Meredith Act.”  Named after Sir William Meredith, commonly referred to as the father of Canada’s workers compensation system. Kendal discusses how that since Meredith first workers compensation law passed in 1915, subsequent laws have moved away from Meredith purpose and principles of a fair and just law.  Kendal discusses how his new law will return Ontario’s workers compensation law to be one that is fair, equal, and just, for employers AND workers. Kendal explains how he is able to refocus Ontario’s workers compensation system back onto workers and away from the current model where its only goal is ensuring employers get rebates.    Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites

 www.finklegal.com  www.paulsparalegal.ca 

EPISODE #10 – Guest Speaker John McKinnon and Age 65 Issue

 In this tenth episode, Richard and Paul speak with a prominent injured worker lawyer, John McKinnon. John has represented injured workers for many decades. John and Richard are forming a combined challenging on Ontario’s current workers compensation legislation which limits workers compensation to injured workers at age 65. Specifically, if you were injured prior to age 63 and you are receiving loss of earning benefits, or future economic loss benefits in the case of workers injured between 1990 and 1997, then when you reach age 65 your loss of earnings benefits  or future loss of earnings benefits stop when you reteach age 65. Now those workers will receive a loss of retirement benefit, but this is pennies compared to what the individuals did receive from their loss of earnings benefits or their future loss of earnings benefits. John is here with Richard to explain the point of their legal challenge because the law currently forces injured workers into retirement at age 65 or more accurately into poverty. The sole reasoning for this is because they are injured.  Richard had previously attempted to constitutionally challenge the age 65 issue with the law and was unsuccessful. The case Richard discusses is:  Gouthro v. Workplace Safety and Insurance Appeals Tribunal et al., 2014 ONSC 7289  https://canlii.ca/t/gfpgv  

 Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites
 www.finklegal.com  www.paulsparalegal.ca 

Episode #11 – Guest Speaker – Employer’s Perspective

  In this eleventh episode, Richard and Paul speak with Bill who works for his employer  and deals with WSIB matters for the employer. It is and I hope you find it interesting hearing the views of an employer and their perspectives.   
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. 
For more information check our websites
 www.finklegal.com  www.paulsparalegal.ca 

Episode #12 – Family Doctors and Public Trust

Episode #12 – Family Doctors and Public Trust & the WSIB
In this twelfth, Richard and Paul will discuss two topics. The first is the WSIB not listening to a injured worker’s family Doctor from a legal side. The Second topic is regarding public trust and the implications of the WSIB. 
Are the monies the WSIB collects from employers held in public trust? 
Is the workers compensation systems a public trust by providing for workers when they are injured?
These and more questions will be discussed on this next episode.
Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. For more information check our websites 
www.finklegal.com 
www.paulsparalegal.ca 

Episode #13 – Guest speaker WSIB Union President Harry Goslin
In this, lucky number 13, thirteenth episode, Richard and Paul discuss the WSIB strike and the way the WSIB treats its staff at the WSIB with union President of OECU CUPE 1750, Harry Goslin. The conversation discusses what the union was fighting for, a pay increase to maintain the cost of living, more training for WSIB staff, and more WSIB staff. Most people do not understand that as the cost of things in society increase, so must a workers wages. If they do not, it is like a worker is making less money. It should be standard for all workers to at the least receive cost of living increases. The philosophy that if workers wages don’t go up then the cost of things won’t go up is flawed! Countless studies have shown where companies have moved production offshore and outsourced work to temp agencies. In these situations workers have no control over their pay and confirmed they have not received any pay increases in years, yet the prices of products the companies sell keep increasing and often times exponentially. Training is a major factor of employment. Most employers will cut their training budgets to almost nothing. Then when something goes wrong, the employers will blame the workers. In high percentage of workplace accidents, including fatalities, workers were found to have little or no training. This was found to be the case with an in-depth undercover story written by Toronto Star reporters Sara Mojtehedzadeh and Brendan Kennedy. https://projects.thestar.com/temp-emp… In the case of the WSIB when the WSIB staff have poor training as discussed in this episode it makes for bad decisions. Harry Goslin discusses the drastic cut to training of WSIB staff. These cuts to training have no doubt resulted in countless bad decisions. It is why the union was fighting for more staff training. There is also the issue of systemic delays and WSIB staff being rushed to make decisions. This is why Harry discusses the need for the hiring of more WSIB staff. Finally it is interesting to see the varied views of injured workers with he WSIB strike. Some of which show utter hatred towards the WSIB staff. It is clear they do not understand how the system works. The system is designed so the people in charge at the top are shielded from any accountability and ridicule. They and not the frontline workers are the ones who should bare all the shame, ridicule, and accountability. Harry Goslin talks about how WSIB staff are literally “micro-managed” by senior management at the WSIB to make sure the WSIB staff deny claims. This is referred to as “Institutional Bad Faith”. I have been reading a law book on Insurance Bad Faith. I know it is NOT insurance even though government and the WSIB says it is, it is not. However, in making a comparison the fault of why the WSIB system is so bad does not, in my opinion, lie with the WSIB staff. It does not lie with the WSIB. It does not even lie with the Ontario Legislature. In my view, the blame for the failure of the system lies squarely at the steps of Canada’s Courts. Our courts are constitutionally empowered and OBLIGATED by s. 96 of our Constitution to ensure the government and all its agencies, including the WSIB, follow the laws and the Constitution. In looking at the amount of intentional wrongs the WSIB has committed over the past three to four decades, it is clear the courts have taken a completely hands off approach. I add there is no legal basis for the courts to do so. This is my opinion and not the opinion of Richard Fink or Harry Goslin. Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. For more information check our websites www.finklegal.com www.paulsparalegal.ca
Episode #14 – Richard, Paul, and most importantly Pamela and the topic of Legal Representation of Injured Workers and Legal Fees

Pamela is Richard Fink’s assistant who deals directly with the WSIB on a daily basis and has a powerful and insightful perspective. One would almost think she is the lawyer behind Richard. Just kidding Richard! In this episode, we discuss the way an injured worker pays their lawyer or paralegal. Normally, a lawyer or paralegal bills and is paid based on an hourly rate. Additionally, they will require a prospective client to pay what is called as a retainer fee. This is like a deposit and is paid upfront with an amount of anywhere from $2,000 to $10,000 or more. However, most injured workers are unable to pay any fees during the process let alone up front. This is why lawyers and paralegals are able to offer a fee system based on contingency, or more commonly know as, we don’t get paid unless you win, and then they get a percentage of monies recovered. The basis is that the lawyer or paralegal is taking a risk in putting their time and effort into the case so they can charge a percentage of the monies recovered. What you will learn in the podcast is that the WSIB will NOT comply with a payment agreement from a lawyer or paralegal nor even an order from court for garnishee if it went badly. This is why most lawyers and paralegals do not represent injured workers. The few that do, is what is discussed on the different ways of being paid. Richard explains his, he also explains other she knows of, and I explain mine. I then make a point that if you are frustrated with having to pay legal fees after winning, then in some cases you could possibly sue the WSIB for the legal fees. Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. For more information check our websites www.finklegal.com www.paulsparalegal.ca

Episode #15 WSIB Not Following the Medical Ppinion of Family Doctors

In this episode, Richard, and Paul discuss the legal concerns when the WSIB refuses to follow the medical advice of family doctors. Within this episode several decisions of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) are referenced. The legal citation of each decision has been listed, along with a link to the physical decision. Additionally, other reference materials have also been cited below. Decision No. 609/24, 2024 ONWSIAT 1198 (CanLII), https://canlii.ca/t/k7935 Decision No. 1497/23, 2025 ONWSIAT 222 (CanLII), https://canlii.ca/t/kbr6n In this decision Richard raises a very good point about the expert opinions of family doctors. That as long as the advise of the family doctor is reasonable, then it is to be followed by the worker, employer, and most of all the WSIB. Decision No. 1254/24, 2024 ONWSIAT 1971 (CanLII), https://canlii.ca/t/k9w89 In this decision Richard points out that a family doctor’s diagnosis was acceptable by the WSIAT even though it was a psychiatry disability. Richard points out that the wait times to see a psychiatrist is very long – 8 months or more. That as such a Family Doctor’s diagnosis is and must be good enough for the WSIB. Richard also raises another important point of the number of people who do not have family doctors. Decision No. 1293/22, 2023 ONWSIAT 239 (CanLII), https://canlii.ca/t/jwkf8 In this decision Richard says that the WSIAT states that a family doctor should provide some reasoning, when the worker is to remain off work. Paul references the Functional Abilities Form (FAF) and the three options for a doctor to complete as noted as number 2 on page 3 of the FAF Form. 1. Patient is capable of returning to work with no restrictions 2. Patient is capable of returning to work with restrictions and asks the doctor to “complete sections E and F.” 3. Patient is physically unable to return to work at this time. It asks the Doctor to complete only Section F. https://www.wsib.ca/sites/default/fil… It should also be noted in the guide to “Completing the Functional Abilities Form (FAF) for Planning Early and Safe Return to Work,” at page three it states, https://www.wsib.ca/sites/default/fil… “If the worker is physically unable to return to work and requires additional time to heal, proceed to Section F and provide the date at which the worker’s condition will be re-assessed.” Paul notes that on the FAF form itself it only provides for physical injuries and does not acknowledge mental disabilities, which is contrary to the Human Rights Code. Paul then discusses how the WSIB and the employer crosses a line by pushing the doctor to say the worker can work when they know they can not. Decision No. 229/25, 2025 ONWSIAT 635 (CanLII), https://canlii.ca/t/kdfm1 In this decision Richard says that the family doctor said to wait another five days before returning to work. Yet the WSIB cut the worker off benefits. Also in this episode Paul discusses the “usual healing times chart” the WSIB used to have in the Board policies and has since removed it for some reason. The following example was taken from Ontario’s WCB Policy 02-03-03 dated September 1989 page 3. General Usual Healing Times Soft Tissue Injuries: All soft tissue injuries 3 months Menisceal damage – knee 3 months Herniated disc – conservative treatment 3 months Fractures: Complex facial fractures 4-6 months Upper limb 3-6 months Hand fractures 3 – 6 months Simple vertebral, body, compression all elves 3 -6 months There are many more but the above list is to provide you with some idea as to what ahs changed. Paul referenced a legal reference book “Insurance Bad Faith 3rd Edition”, written by Gordon G. Hilliker, and published by Lexis Nexis. This can be found here: https://store.lexisnexis.com/en-ca/pr… Richard Fink is a lawyer who has been practicing in workers compensation law in Ontario for over 40 years. Paul Taylor is a paralegal who also practices in workers compensation law in Ontario among other areas of law and has a specialization in human rights law. For more information check our websites www.finklegal.com www.paulsparalegal.ca