The Court of Appeal dismissed the Workers’ Compensation Board’s appeal of a reviewing judge’s decision to uphold a decision of the Workers’ Compensation Appeals Commission regarding a Claimant’s entitlement to benefits. The WCB had appealed on the basis that the reviewing judge had failed to apply the correct standard of review.

23. August 2005 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Privative clauses – Standard of review – Patent unreasonableness – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Alberta (Workers’ Compensation Appeals Commission), [2005] A.J. No. 825, Alberta Court of Appeal, July 8, 2005, Hunt, Berger, Costigan JJ.A. ...

An employer’s appeal from a workers’ compensation determination that its employee had been injured, “in and out of the course of employment” as a snow plow operator, was unsuccessful

28. June 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Benefits – In and out of the course of employment – Judicial review – Standard of review – Reasonableness simpliciter Nova Scotia (Department of Transportation and Public Works) v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 137, Nova Scotia Court of Appeal, ...

The Court dismissed an application for judicial review of the Appeals Commission’s decision to overturn a decision of the Workers Compensation Board and the finding that a worker’s psychiatric illness was caused by his employment and was compensable

24. May 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Psychological injury employment related – Judicial review – Compliance with legislation – Privative clauses – Standard of review – Reasonableness simpliciter Alberta (Workers’ Compensation Board) v. Appeals Commission, [2005] A.J. No. 233, Alberta Court of Queen’s Bench, March 7, 2005, Moen J. The Respondent, ...

A worker in a pulp and paper mill (“Speckling”) who was allegedly injured while cleaning up a boiler house was unsuccessful in his appeal from two judicial reviews of decisions of the Workers’ Compensation Board Appeal Division which rejected his claims for compensation

26. April 2005 0
Administrative law – Workers compensation – Benefits – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Patent unreasonableness Speckling v. British Columbia (Workers’ Compensation Board), [2005] B.C.J. No. 270, British Columbia Court of Appeal, February 16, 2005, Hall, Levine and Thackray JJ.A. Speckling became ill while at work and ...

An employer’s appeal of a decision of the Nova Scotia Workers Compensation Appeals Tribunal (“WCAT”) was dismissed when the court found there was evidence to support the WCAT’s conclusion that an intense meeting with a supervisor was a “traumatic event” such that the worker’s subsequent stress condition was an “accident” within the meaning of the Workers Compensation Act, S.N.S. 1994-95, c. 10.

26. April 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Accident – Definition – Traumatic event – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Standard of review – Correctness – Patent unreasonableness Children’s Aid Society of Cape Breton-Victoria v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2005] N.S.J. No. 75, Nova Scotia Court ...

The Court found that a decision of the Chief Review Commissioner of the Workplace Health, Safety and Compensation Committee to refuse to allow the deduction of legal fees paid by the Applicant, when determining the amount of CPP disability benefits to be offset from workers compensation benefits, was neither unreasonable nor patently unreasonable

22. March 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Benefits – Legal fees deductibility – Statutory provisions – Judicial review – Standard of review – Patent unreasonableness Williams v. Newfoundland and Labrador (Workplace Health, Safety and Compensation Commission), [2004] N.J. No. 443, Newfoundland and Labrador Supreme Court, December 23, 2004, Orsborn ...

An employer (“Simms”) was unsuccessful in appealing the determination of the Workplace Health, Safety and Compensation Commission Appeals Tribunal (the “Appeals Tribunal”) that the Workplace Health, Safety and Compensation Commission (the “Commission”) had not set its rates higher than the rate authorized by the Commission’s own policy at the time

22. February 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Assessment rates to employers – Policies – Judicial review – Standard of review – Correctness T. S. Simms & Co. v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2004] N.B.J. No. 469, New Brunswick Court of Appeal, December 9, 2004, Drapeau C.J.N.B., Ryan ...

A petition seeking an order quashing the decision of the Workers’ Compensation Appeal Tribunal (the “WCAT”) and a declaration that the petitioner was not a “worker” was dismissed by the Court as the Court found that the WCAT did not act beyond its jurisdiction and its decision was not patently unreasonable

25. January 2005 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Validity and application of policies – Worker – definition – Statutory provisions – Jurisdiction – Judicial review – Standard of review – Patent unreasonableness Harris v. 149925 Canada Ltd., [2004] B.C.J. No. 2542, British Columbia Supreme Court, December 6, 2004, Boyd J. The petitioner sought ...

The Court held that the Workers’ Compensation Board (“WCB”) was not entitled to withhold payment of a 1989 continuing award because of the worker’s 1991 receipt of settlement funds from his employer

25. January 2005 0
Administrative law – Workers compensation – Benefits – Statutory provisions – Statutory interpretation – Damages – Settlement monies from other jurisdictions – Decisions of administrative tribunals – Workers Compensation Boards – Judicial review – Jurisdiction – Compliance with legislation – Standard of review – Correctness Dipersio v. Nova Scotia (Workers’ Compensation Appeals Tribunal), [2004] N.S.J. No. 442, Nova ...

A decision of the appeal tribunal, constituted under the Yukon Workers’ Compensation Act, to disclose the entire file of the worker to her employer was quashed as the tribunal erred in law in its consideration of the notion of “relevance” resulting in an order which was unreasonable

26. October 2004 0
Administrative law – Judicial review – Decisions reviewed – Workers Compensation Boards – Disclosure – Relevance of information disclosed – Standard of review – Reasonableness simpliciter O’Donnell (Re), [2004] Y.J. No. 76, Yukon Territory Supreme Court, July 19, 2004, Veale J. An appeal tribunal appointed under the Yukon Worker’s Compensation Act, R.S.Y. 2002, c.231, ordered, on ...