The appeal by an injured worker (“Young”) from a decision of the Workers’ Compensation Appeal Tribunal (the “Tribunal”) limiting his entitlement to extended earnings replacement benefits was dismissed where the Court found that the Tribunal had evidence upon which to conclude that Young was capable of working after his initial accident in 1997, despite later becoming unable to work because of disk herniation
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Loss of earnings – Transferable skills – Test – Judicial review – Evidence – Compliance with legislation Young v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2009] N.S.J. No. 157, Nova Scotia Court of Appeal, April 15, 2009, J.W.S. ...