The widow of Edward Schulmeister (the “Petitioner”) was successful in obtaining judicial review of a decision of the Workers’ Compensation Appeal Tribual (“WCAT”) where the Court found that the WCAT’s decision was patently unreasonable pursuant to s. 58(3)(d) of the Administrative Tribunals Act, S.B.C. 2004, c. 45 as the Panel failed to take the requisite statutory requirements into account
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Survivor benefits – Significant cause of death – Judicial review – Compliance with legislation Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal), [2007] B.C.J. No. 2321, British Columbia Supreme Court, October 29, 2007, C.E. Hinkson J. In 1994, Mr. Schulmeister was seriously injured ...