My name is Dave Fletcher and I’m known as one of the hardest workers in my hometown of Duncan, B.C. I have a long list of references that would attest to my work ethic as well as my character. I’ve been self employed for close to 15 years, however my work is seasonal and two years ago I needed to leave my community and go north to Cold Lake Alberta to work on the tar sands. In February of 2012 I got hired by an Iron working company by the name of Stand Easy Enterprises, who were a sub-contractor working on the air force base in Cold Lake for Cenovus Energy. I absolutely loved the experience until I suffered a work place accident which at the end of a tear drop investigation it was determined that the cause of the accident was primarily the faulty stairs that Cenovus had been warned to change because of being a safety hazard. Ironically I was one of the workers on site that pointed out the need for new stairs to be installed because I had stepped down off the same equipment trailer approximately 2 months earlier and put my foot right through a pallet board when I stepped down onto it off the equipment trailer. The accident happened April/08/12 when I was exiting the equipment trailer first thing in the morning. I stepped down off the equipment trailer onto the top plywood step and started to slide on sand, fine gravel coated with frost from the night before. I was full of fear and one of my co workers who witnessed the whole thing thought by the look on my face I was suffering a heart attack. The fear was brought on by the fact that when my foot hit that first step it started to slide and it was a 10 ft drop from my head to the ground, so I quickly responded by pushing back with that leg when my knee completely gave out and was heading sideways down to the top stair, with all of the strength I had I pushed forward with my right leg to hit the ground rather than have my knee bend completely sideways. I ended up hitting the ground and rolled about three times and stopped on my back in 9 out of 10 pain and agony in my knee and a gash on my left hand from the impact of the fall. The pain lasted for about 3 minutes and then my body went into shock and I felt nothing. At this time all my co workers had arrived to start work and were assessing the situation, I tried to get up and about 3 guys pushed me back to the ground and told me to stay put and wait for the ambulance as my spine might be an issue, they all threw jackets on me and stayed by my side until I was taken off site by ambulance. I was then transported to the Bonnyville hospital and after my examination it was the attending Dr’s opinion that I had a ruptured tendon, my knee was drained of fluids and was told I would need an MRI to determine if my knee required surgery. In the meantime I could return to work and perform restricted light duty. I worked light duty on the Cenovus Energy site until my day of surgery May/01/12. I was transported back to camp that same night and told to report to the Cenovus nurse the next morning to get the okay to work my first day of light duty. The nurse saw me the following morning and told me I would not be able to go to work that day because she had two conflicting documents, one that was generic type written document that stated clearly that I was to stay off my leg and Ice and elevate it for 72 hrs and then a handwritten copy I paid $30.00 for from the orthopedic surgeon that said I could start work the morning after surgery. The nurse told me she had to take the higher road and keep me off my leg until she heard back from the surgeon as to what was what? No word the first day so when I saw her the next morning she ordered me back to my room again until she got word from the surgeon. At approximately 11am that morning I received a text message from my foreman that instructed me to get up and pack my stuff as Cenovus staff had ordered me off site immediately without any explanation. I had a light duty agreement in place and was afraid to go off site without a new agreement signed. Then I decided to take a stand as I felt I was getting railroaded. I told them I wasn’t going anywhere until I had some kind of signed agreement as to what would happen to me after being escorted off the site? I also said I needed to connect with WCB caseworker to let her know I was being forced off the worksite by Cenovus staff and not leaving on my own accord. I knew something was very wrong, why were they forcing me off camp with no explanation? At minimum, was this someone/some group going on some kind of thoughtless power trip when they caught wind of a worker in his room instead of working. Could have been one of many scenario’s. I think most educated people would agree, no injured worker should have to be going through such un-necessary treatment a day and a half after surgery on both a physical and emotional level. From this point on I was continuously in a state of mistrust as I experienced no explanation as to why I was kicked off the site after their own nurse had ordered me to stay off my knee and ice and elevate it, to another Cenovus staff member/members going above a medical order to get me off site immediately, a pay check that was shorted over $1000. with the book keeper telling me I worry too much about money (she is also the owner of Stand Easy’s girlfriend), then me getting taken for a truck ride and having my boss threaten to fire me unless I signed a new light duty agreement for my existing wage and no benefits, WCB telling me I would have to take him to court without doing any investigative work and making my employer accountable. In fact I was told by my WCB caseworker if I had issues with my employer I would have to take him to court.(What about the signed light duty agreement?) I tried to go through every legal channel possible and offered these companies an easy way out by giving me a fair settlement and letting me get the further treatment my knee requires as well as put closure to a situation that should never be allowed to happen anytime but particularly in today’s day and age?(Instead the owner of Stand Easy was telling my co-workers I was an extortionist.) I still didn’t get how WCB can turn their backs on the people who their paid to protect? I’ve been to the human rights commission, Office of appeals board, Cenovus’s integrity department, and many more but they all directed me to another dead end. The only hopeful voice I heard was Mr Weibb a lawyer in Bonnyville, Alberta who told me that a light duty agreement was a legal and binding document and if I took my employer to court I would likely win and the judge would likely frown upon the mistreatment I went through. However, I had already talked to WCB caseworker and she told me if I left camp they would cut off all support and I would have to take my boss to court, huge risk when you don’t have a lot of funds, not sure if I could work safely under the pressure I was under (Which I did mention to my WCB caseworker and it totally fell on deaf ears), along with the anger I felt toward my employer’s for their betrayals. I was only a month into physiotherapy and could not work if I went back home? I choose to work up there under duress and put in 40 in 41 days work straight to make up for my benefits being taken away and at the end was close to having a complete mental and physical breakdown. (Of course some would argue that I had a choice, maybe? But If I hadn’t have got the physio when I did, it may have left my leg in a much worse condition than it is in now. Trust me; I’m going through a series of lower body issues as a direct result of my weak left quadricepts.) I got in two more workplace accidents and my employer accused me of getting into the accidents on purpose to go home early. (Found that out later after requesting the WCB conversations he had with them). He also told them he never fired me? (Is lying like he did not a crime, especially when dealing with an injured or recovering person? (I told WCB that I would challenge him to undergo a lie detector test and I would take it first.) (Does this seem extreme, NO! Without being challenged these companies operate under a whole set of different values and will never change if not challenged or penalized for any wrong doings or unethical treatment to an injured worker.) Why would I settle for a wage that would mean I was making $10. per hr away from my home in BC and allow him to take my benefits away? I also discovered through researching my paperwork that the company owner never gave the amended light duty agreement to WCB stating I wanted my full wage, $588.travel pay every shift change and $60. per day cash isolation pay until my knee was considered fully recovered by WCB. It has not been deemed fully recovered to this day. ( Again, at this time I reached out to WCB caseworker and told her I didn’t feel safe anymore and broke into tears and admitted to her that I had three thoughts of suicide by running my car into oncoming semi trailers, she completely shunned me and told me once again that she couldn’t help me. Basically, I had to tough it out, quit or take my employer to court. After my 40 in 41 days I saw my family doctor and he advised me to go on stress leave and not to return to that toxic environment. (I took his advice and never returned to that site again) When the decision was made to not return to work, I had to go on sickness unemployment to get through a tough time and regroup. I think it’s important to share where I’m physical at today. I’ve had 11 pulled groins (some so bad I’ve had to change my lifestyle completely and limp from one job to the next, quit running and I’m on my longest forced break from running since the accident.), a stress fracture on my right foot, soft muscle tissue damage to my right knee to the point of needing it drained and the most recent injury is soft muscle tissue damage to the bottom of my left foot. Most situations have been said to be a result of weight being off balance due to my left quadriceps deemed quite weak by the local orthopedic surgeon. On an emotional level I went through about 6 months of counselling to try to make sense of what happened and to figure out how I could possibly put closure on this for good. I’ve suffered many sleepless nights (this morning I woke up at 2am thinking of this right away. It’s now 6:44 am and I’m happy to say revising this letter for about the 30th time continues to help me vent and at least gives me a little hope justice is coming.) Honestly, I could go on and on with many more ways that this has affected my peace of mind. Some I’m sure would and have labeled me to be some kind of whiner just like my employer when I told him I would fight his decision to break the light duty agreement. No! Today what Cenovus and my ex-employer had likely conjured up was abuse and if telling the truth gets me in some kind of trouble, I say, bring it on, you bastards! Finally, I’m currently seeking legal help because the system and my ex-employers have all turned their backs on me along with the Lawyer in Bonnyville who has for some reason not returned my call even though I have offered payment just to hear how he based a Light Duty Agreement to be a legal and binding document? My main reason to pursue this and get justice is, WCB is stalling on giving me the help I need to get my knee back into top shape and have shown clear signs I’m going to have to fight for every bit of help I need to make this situation I’ve been through come to positive closure. Their even balking on getting the two year disability assessment done so I can move forward from this! Honestly, I believe the oil company (CENOVUS) and (STAND EASY ENTERPRISES) are the people who should be held accountable for the treatment I went through. (When a light duty agreement is broken by Cenovus, Stand Easy or myself, should not consequences have followed? When this document is signed their compensation rates don’t go up, the injury is not held against them for possibly having an unsafe work environment (which their own tear drop investigation revealed they had a safety issue with inadequate stairs) I’m no rocket scientist but it only makes sense that they give up the benefits of cheaper compensation rates and a stain on their record when they break the light duty agreement. WCB, the lawyer in Bonnyville and most people I’ve talked to could easily see that these scoundrels are not companies operating with Integrity or class but are more concerned over nickels and dimes as opposed to workers’ health and safety. The only way they might change is to feel a sting in the pocketbook, bad publicity or an integrity department that fulfils its purpose by enforcing proper conduct of all who are in some way affiliated with their projects. Any and all feedback is welcomed and if any law firm wants to run with this I will consider any offer to help on a contingency bases, thank you, Dave Fletcher PS: I have a stack of organized paperwork ready to go, witnesses and one who has confirmed his desire to see justice served, he was with me when the abusive behavior started. Three people that were responsible for my health and safety were fired not long after I decided the environment was to unhealthy/unsafe for me to stay in, two of them promised to make sure I was treated right and the other witnessed the pressure put on me to sign the second agreement. A little suspicious, possibly a class action lawsuit as I’m sure those individuals may have felt railroaded in some way as well. I also have a phone that has all kinds of damming evidence on it.
Posted on: Thu, 27 Nov 2014 11:44:09 +0000
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