Pubdate: Tue, 19 Jan 2016
Source: Moose Jaw Times-Herald (CN SN)
Copyright: 2016 The Moose Jaw Times-Herald Group Inc.
Contact:  http://www.mjtimes.sk.ca/
Details: http://www.mapinc.org/media/2154
Author: Theresa Simon-Worobec
Page: A1

GETTING BACK TO WORK

This is Part II of a three-part series that will delve into one local
man's usage of medical marijuana after he sustained serious injuries.
Part I, which was printed in the Jan. 18 edition of the Times-Herald,
outlined the plethora of prescription drugs Chris Kuntz was taking
before he tried medical marijuana. He has battled stigma and lost his
job over the past couple of years, but claimed marijuana has him
feeling as close to full health as he has in the past several months.

Marijuana has Kuntz feeling close to full strength

Since December 2014, Chris Kuntz has been in and out of work while
dealing with his health issues. An employee for a cumulative five and
a half years, Kuntz claims the company he works for has not been
willing to accommodate him since upper management found out about his
prescribed marijuana use. He has decided not to release the name of
his employer for legal reasons.

"I was accommodated for 11 months under every other medication," Kuntz
said. "There were absolutely no issues until they found out I had
prescription cannabis. I've done everything I'm supposed to. I've
followed all the rules. If I was on any other medication, I'd be
working. I was working on any other medication."

In December 2015, Kuntz said he was sent to Thunder Bay to fulfill a
temporary office position while he waited to return to his regular
position.

"I was sent out for four to six weeks," he said. "And I was told it
could be longer."

After one day on the job, Kuntz received notification that his
position had been terminated and was later notified that there were no
other options available to him.

"Three weeks later I was told that there was no longer any work
available for me and I was to re-train in whatever I choose, to pick
whatever would make me more marketable and then apply for positions
and go through the application process and interview process contrary
to the entire duty to accommodate."

Now completely out of work, Kuntz said he and his wife are struggling
to pay the bills. They have defaulted on mortgage and car payments,
are receiving food baskets from the Moose Jaw Food Bank to feed their
two children, and have recently applied for welfare assistance.

Management and personnel staff have so far declined to make any
comments on the issue. Kuntz's manager said, "We have public relations
people that I can direct you to but I am not allowed to give you any
information."

A return-to-work co-ordinator also declined an interview stating, "We
don't comment on individual personal matters." The Saskatchewan Human
Rights Commission (SHRC) states that all employers in Saskatchewan
have the duty to accommodate employees in a variety of situations,
including disability.

According to the SHRC, employers are obligated to:

* grant a leave of absence to recover from injury or
illness;

* allow a gradual return to work and alter work conditions;

* approve a transfer to another job or rearrange shifts;

* bundle meaningful job duties in order to allow the employee to
continue working.

It also states that this "may mean adjusting start/finish times to
accommodate family issues. The courts have said the possibilities are
endless and vary according to circumstances. Engaging in a process to
achieve accommodation is the key to meeting the duty to
accommodate."

Despite a willingness to go back to work and significant improvements
to his overall wellbeing, Kuntz says the company has failed in their
duty to bring him back to work. He has recently been provided the
option to transfer to Winnipeg in order to partake in an application
process, in competition with other potential candidates, for a
data-entry position.

"They want me to work a temporary job in Winnipeg - it's computer
work. All it is is data entry."

Dr. Youseff, Kuntz's doctor, has even changed Kuntz's medical
prescriptions, stating that marijuana will no longer need to be used
during work hours.

"He's down to the marijuana once a day only, and mostly at night
time," Youseff noted. "I don't think that there's a problem that he
can go back to work as long as he doesn't smoke during work time.
Maybe a graduated return to work program would be beneficial, that
will be my recommendation."

As Kuntz lifts his oldest daughter Isabella, 4, up to the ceiling
above his head, he said he's more than ready to assume his former position.

"I want to go back to work. Why can't I go back?" he asked. "I'm
better than I have been in months. I can stand up straight and I can
actually move and do everything that I'm supposed to."

The Kuntz family has organized a Go Fund Me page -
gofundme.com/chriskuntzfamily to help pays the bills and put food on
the table.
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MAP posted-by: Matt