Injured woman secretly videotaped by insurer, then wrongly accused of fraud

Monday, February 08, 2021 – by Helen Surgenor

Here’s what you need to know to get the day started:

Injured woman secretly videotaped by insurer, then wrongly accused of fraud

Alicia Micallef suffered a concussion after hitting her head on an open locker door during a shift at her retail job in May 2015. Then she was secretly followed and videotaped, accused of lying, dragged through the legal system for years — and still denied workers’ compensation benefits.

Ontario's Workplace Safety and Insurance Board (WSIB) thought her recovery was taking too long, and court records show it wanted to avoid paying for the expensive medical tests needed to assess her condition. So it had a private investigator follow her.

"It was horrifying. They came into my apartment building. They stood outside of my door and listened to what I was saying to my cat," Micallef said, citing the investigator's report that, along with the secretly recorded video, was included in her WSIB file.

"They were at my grocery store, in my doctor's waiting room."

Both public and private insurers say they use this kind of surveillance to try to prove fraud. But lawyer John McKinnon from the Injured Workers Community Legal Clinic said it's more often used to intimidate injured people into dropping their claims.

Micallef said the WSIB told her the videos proved she was lying about her inability to return to work. It cut off her benefits and demanded she pay back some of the income replacement benefits she had received.

She refused, and was charged with two counts of making false claims under the Workplace Safety and Insurance Act. If she'd been found guilty, it could have meant a $25,000 fine or even jail time.

Micallef was acquitted of both charges, but she is still waiting for WSIB coverage.

More on this issue

Read about a SaskTel employee accused of WCB fraud.

Read about a flight attended who claimed WCB after getting COVID-19.

Buccaneers defeat Kansas City

(Mark J. Rebilas/USA Today/Reuters)

Tampa Bay Buccaneers quarterback Tom Brady (12) and tight end Rob Gronkowski (87) celebrate after beating Kansas City in Super Bowl LV. This is Brady's seventh Super Bowl title. He also earned his fifth Super Bowl MVP award. Read more here.

In brief

This week’s impeachment trial of Donald Trump at the U.S. senate could shape the future of American politics. Republicans have to decide how far they’ll go in defending a former president whose effort to overturn an election result ended in a deadly attack on the U.S. Capitol. The 10 lawmakers in the House of Representatives who defied Trump and voted on Jan. 13 to impeach him a second time are being sanctioned by party members in several states, they have been physically threatened, and they face a real danger of being unseated in primary challenges before next year's congressional midterm elections. Read more about this pivotal moment for the Republican party here.

COVID-19 infections are way down in British Columbia’s Fraser Valley, and health officials are crediting the efforts of South Asian community organizers. Fraser Health CEO Dr. Victoria Lee said at the start of pandemic, case numbers were high among South Asian residents, because so many are essential workers. The summer wedding season also contributed to the spread of COVID-19. But case numbers in municipalities like Surrey and Delta have been nearly halved since November. So how did teams get the word out? Any way they could: skits on social media, TV and radio ads on ethnic media, Tik-Tok videos and graphics to forward on WhatsApp. They've made content in Punjabi, Hindi, Tamil, Gujarati and Bengali. Read about how well it’s working here.

Many Canadians who have experienced Bell's palsy, which causes a temporary weakness or paralysis in muscles in the face, are wondering if it's OK to get vaccinated for COVID-19. Internationally, Bell's palsy was reported after vaccination in a very small number of participants in the Pfizer-BioNTech and Moderna trials. It is always best to talk to your doctor when making important decisions about your health. But generally, it should be fine for people who have had Bell's palsy to get vaccinated, said Dr. Michael Hill, a neurologist at the University of Calgary's medical school. However, some people might get Bell's palsy after having a viral infection such as COVID-19, he said. Health Canada said the benefits of vaccines authorized in Canada continue to outweigh the risks. Read more answers to your COVID-19 questions here.

The number of Canada jays in southern Ontario is decreasing and researchers believe climate change is to blame. A study from the University of Guelph shows southern Ontario is experiencing more frequent freeze-thaw days. Those fluctuating temperatures cause the birds’ winter food stock to defrost, grow bacteria and in some cases become inedible. Less food means the birds have less energy to devote to survival and reproduction. The researchers said if fall warming patterns continue, the birds could become locally extinct from Algonquin Provincial Park and other southern Ontario ranges. Read more of the research here.

Hydro-Québec already provides nearly 100 per cent of the province’s electricity, including exports. So why is Quebec investing $600 million in a wind-power project? For starters, there’s a growing demand for low-carbon electricity as the U.S. and Canada push forward with efforts to decarbonize. It’s getting cheaper to harness wind power, and more expensive to build new hydroelectric dams. The combination of both energy sources will make Quebec a strong power player. Soon, it will be able to use cheap wind power when it’s available — and turn to the existing system of hydroelectric-power dams when the wind’s not blowing. Read more about Quebec's wind-power plans here.

Now for some good news to start your Monday: A lucky elk will live to see another day thanks to a B.C. man who saw the animal become buried in an avalanche. On Feb. 3, Jesse Dahlberg was watching railroad crews use explosives to trigger avalanches near Field, a town in southeastern B.C. He spotted an elk standing right where the snow was likely to slide. Soon, a billowing wall of snow came barrelling down the slope and crashed into the animal. He went to check on the elk, and found a set of nostrils, an eye and a piece of fur poking out of the snow. "It was alive and I wanted to save it," Dahlberg said. It took about 15 minutes of shovelling, but eventually Dahlberg cleared enough debris. He gave the elk a shove, and it stumbled out of the snow. Read more of the unlikely survival story here.

‘Don’t say oil on stage’: A WE Charity investigation

WE Charity has been under scrutiny following a political scandal involving the Trudeau government. Shortly after, the organization said it was winding down its operations in Canada.

CBC's The Fifth Estate dug into WE Charity's practices and political connections, including concerns around corporate partnerships and the charity's commitment to its donors' happiness. Today on Front Burner, reporter Kate McKenna on what the investigation found.
Listen to today's episode

Today in history: February 8

1894: Canadian fighter pilot Billy Bishop is born in Owen Sound, Ont. He becomes the top scoring Canadian and Imperial ace of the First World War, being credited with 72 victories. He also becomes the first Canadian airman to win a Victoria Cross.

1915: The epic silent movie Birth of a Nation, directed by D.W. Griffith, premieres in Los Angeles. The film helped to propel the popularity of the Ku Klux Klan.

1986: A Via passenger train and CN freight train collide head on near Hinton, Alta., killing 23 people. The 118-car freight train went through a closed switch.

1995: Romeo LeBlanc is sworn in as Canada's 25th governor general, becoming the first Acadian to hold the post.

1998: Ross Rebagliati of Whistler, B.C., wins the first Olympic men's snowboarding gold medal at the Nagano Olympics.