The appellant’s claim for Workers’ Compensation benefits was denied after she experienced a traumatic event at her job as a correctional officer. The appellant was eventually diagnosed with PTSD, but the Workers’ Compensation Tribunal upheld the Commission’s decision that this was not new evidence that would substantially affect its original decision denying benefits. The Court of Appeal found the Tribunal made several errors that materially affected the outcome. The Tribunal’s decision was set aside and an order was made to provide the appellant benefits retroactively to the date of the original claim.

19. February 2019 0
Administrative law – Decisions reviewed – Workers’ Compensation Tribunal – Benefits – Psychological injuries – Judicial review – Appeals – New evidence Perry v. New Brunswick (Workplace Health, Safety and Compensation Commission), [2018] N.B.J. No. 291, 2018 NBCA 80, New Brunswick Court of Appeal, November 29, 2018, K.A. Quigg, B.V. Green and R.T. French JJ.A. ...