The applicant, Mr. St. Cyr, sought judicial review of a 2010 decision of the Workers’ Compensation Appeals Commission (“Appeals Commission”) which modified an earlier decision it had reached in 2008 regarding the applicant’s disability benefits. The 2008 decision had curtailed the disability benefits which the Workers’ Compensation Board had awarded the applicant, both by limiting the salary used to calculate his earning capacity and the timeframe within which he was eligible for total and partial disability benefits. In March 2009, the applicant successfully sought reconsideration of the 2008 decision, which the Appeals Commission vacated because the panel failed to apply s.63 of the Workers’ Compensation Act (the “Act”) in rendering a decision on non-compensable conditions.

23. August 2011 0
Administrative law – Decisions of administrative tribunals – Workers compensation Appeals Commission – Workers compensation – Benefits – Average earnings – method of calculation – Judicial review – Estoppel and res judicata – Natural justice – Procedural requirements and fairness – Standard of review – Reasonableness simpliciter St. Cyr v. Alberta (Worker’s Compensation Board), [2011] ...

The Court of Appeal holds that the Claims Service Review Committee of the Workers’ Compensation Board has the jurisdiction to rescind its own decision in the face of a conflicting decision from the Appeals Commission

28. June 2011 0
Administrative law – Workers Compensation Boards – Workers Compensation Appeals Commission Lee v. Alberta (Appeals Commission for Alberta Workers’ Compensation), [2011] A.J. No. 451, 2011 ABCA 128, Alberta Court of Appeal, May 3, 2011, Sharlow, Layden-Stevenson and Stratas JJ.A. The respondent, Kim Lee, was injured at work in 1994. Throughout 1994 and 2002 the internal ...