Geronazzo’s application for judicial review of the dismissal of his application for an extension of the 90-day limit to apply for a review of a Workers’ Compensation Board (the “Board”) decision rejecting his claim for benefits was allowed where the Court held that the decision that Geronazzo had failed to show that he intended to appeal during the period was patently unreasonable

26. September 2006 0

Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Judicial review – Appeals – Limitations – Extension of time

Geronazzo v. British Columbia (Workers’ Compensation Board), [2006] B.C.J. No. 1647, British Columbia Supreme Court, July 13, 2006, Rogers J.

Geronazzo’s claim for Workers’ Compensation benefits due to a back injury was rejected. Geronazzo spoke to a Board representative, filled out an on-line form on the internet and mailed the form before the 90-day deadline to apply for review of the decision. The Board did not receive the application in the mail until after the deadline expired. Geronazzo claimed that there were delays in the mail. The Board dismissed Geronazzo’s application for an extension of the 90-day period on the ground that he failed to show special circumstances in that he did not show that he had an intention to apply during the relevant period and mail delay did not constitute special circumstances. Geronazzo applied for judicial review.

The Court allowed Geronazzo’s application and the extension application was remitted to the Board. The Court held that the Officer’s decision that there was no evidence that Geronazzo did not indicate a desire to apply for review within the 90-day time period when the record clearly showed that he did, was patently unreasonable.

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