The Appellant employer was successful in seeking an appeal relating to a decision by Workers’ Compensation Appeals Tribunal (the”WCAT”) awarding the Respondent an increased permanent impairment benefit (the “PMI”)

22. July 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Policies – Workers compensation – Occupational disease — Benefits – Statutory provisions – Judicial review – Evidence – Compliance with legislation Enterprise Cape Breton Corp. v. Anderson, [2014] N.S.J. No. 286, 2014 NSCA 59, Nova Scotia Court of Appeal, June 10, 2014, M. ...

Appeal by Workers’ Compensation Board from a decision overturning a decision of the Workers’ Compensation Board Appeals Commission regarding reduction of temporary total disability benefits on the basis of employability

27. May 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Temporary total disability – Judicial review – Standard of review – Reasonableness simpliciter – Delay Patrus v. Alberta (Workers’ Compensation Board), [2014] A.J. No. 315, 2014 ABCA 117, Alberta Court of Appeal, April 1, 2014, P.W.L. Martin and ...

On judicial review, the court quashed a decision of the Workplace Health, Safety and Compensation Review Division on the basis that the Review Division unreasonably applied a cap to the applicant’s pension replacement benefit

25. March 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Loss of earnings – Pensions – Calculations – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Reasonableness simpliciter Allen v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2014] N.J. ...

Union appealed decision dismissing application for want of prosecution, in relation to judicial review petition, on grounds the employee petitioner was self-represented

25. February 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Disclosure of records – Labour law – Working conditions – Practice and procedure – Dismissal for want of prosecution – Judicial review – Delay – Self-representation Cole v. Workers’ Compensation Appeal Tribunal, [2014] B.C.J. No. 5, 2014 BCCA 2, British Columbia Court of ...

A refusal by Workers Compensation Board (“WCB”) to pay for an injured worker’s medical marihuana is found reasonable by the Court on judicial review

28. January 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Medicinal use of marijuana – Judicial review – Compliance with legislation – Policies – Ultra vires – Jurisdiction – Standard of review – Reasonableness simpliciter Heilman v. Workers’ Compensation Board, [2013] S.J. No. 680, 2013 SKQB 403, Saskatchewan Court of Queen’s ...

The Applicant worker, Mr. Griffin, sought judicial review of the Respondents’ decisions about his entitlement to survivor benefits pursuant to the Workplace Health, Safety and Compensation Act. The application for judicial review was dismissed.

26. November 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – Survivor benefits – Entitlement – Judicial review – Compliance with legislation – Statutory interpretation – Standard of review – Correctness – Reasonableness simpliciter Griffin v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Review Division), [2013] N.J. No. 337, 2013 NLTD(G) ...

Tribunal appealed judicial review decision setting aside the tribunal’s decision on the basis of an issue not raised by the parties on judicial review. Appeal allowed, chambers judge’s order set aside, and petition for judicial review dismissed.

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Judicial review – Courts – Evidence – Issues not raised by parties Vandale v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 1968, 2013 BCCA 391, British Columbia Court of Appeal, September 9, 2013, S.D. Frankel, N.J. ...

The Court declined the respondents’ application to convert Workers’ Compensation Board proceedings to a court action but permitted their request to challenge WCB orders as the respondents faced the possibility of imprisonment

22. October 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Tribunal orders – Contempt – Judicial review – Collateral attack – Compliance with legislation – Evidence British Columbia (Workers’ Compensation Board) v. Skylite Building Maintenance Ltd., [2013] B.C.J. No. 1988, 2013 BCSC 1666, British Columbia Supreme Court, September 10, 2013, G. Funt J. ...

Failure to engage in recommended rehabilitation activities can lead to a suspension of a worker’s compensation benefits

25. June 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Benefits – Statutory provisions – Suspension of benefits – Judicial review – Evidence – Standard of review – Reasonableness simpliciter Williams v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2013] N.B.J. No. 133, 2013 NBCA 32, New Brunswick Court ...

The Fraser Health Authority was successful on judicial review of a decision of the British Columbia Workers’ Compensation Appeal Tribunal (WCAT) whereby WCAT held that there was a causal link between breast cancer suffered by three respondents working for the Health Authority and their employment

21. March 2013 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers Compensation – Occupational disease – Expert evidence – Judicial review – Evidence – Standard of review – Patent unreasonableness Fraser Health Authority v. British Columbia (Workers’ Compensation Appeal Tribunal), [2013] B.C.J. No. 605, 2013 BCSC 524, British Columbia Supreme Court, March 28, ...