The Workers’ Compensation Commission was unsuccessful in appealing a decision of the Trial Division which had overturned a decision of one of the Commission’s internal review specialists relating to whether or not the Commission was entitled to maintain a subrogated action. The Court of Appeal found that the decision of the internal review specialist was patently unreasonable as it resulted from an inappropriate approach to statutory interpretation.
Administrative law – Workers compensation – Subrogated actions – Administrative decisions – Statutory provisions – Use – Definition – Statutory interpretation vs. judicial interpretation – Judicial review application – Standard of review – Patent unreasonableness Warford v. Weir’s Construction Ltd., [2003] N.J. No. 178, Newfoundland and Labrador Supreme Court – Court of Appeal, July 17, 2003, Cameron, ...