Accident on the way to employment related retreat did not arise “out of and in the course of employment”

27. September 2016 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Worker, definition – In and out of the course of employment – Judicial review – Standard of review – Patent unreasonableness Northern Thunderbird Air Inc. v. British Columbia (Workers’ Compensation Appeal Tribunal), [2016] B.C.J. No. 1399, 2016 BCSC 1216, British ...

Workers’ Compensation Board’s decision to deny benefits quashed when Board failed to include appropriate specialists on a Medical Review Panel

The Workers’ Compensation Board (the “Board”) appealed a decision of a chambers judge to the Saskatchewan Court of Appeal, as the chambers judge had quashed the Board’s decision to deny benefits and ordered a new medical review panel (“MRP”) in favour of a worker who sought compensation for a workplace accident. The appeal was ultimately ...

Supreme Court ordered a new hearing based on Workers’ Compensation Appeal Tribunal’s patently unreasonable findings of fact

21. April 2016 0
Application for judicial review of the decision of Workers’ Compensation Appeal Tribunal (WCAT) on the basis WCAT made patently unreasonable findings of fact. Administrative law – Benefits – Decisions of administrative tribunals – Evidence – Expert Evidence – Judicial Review – Workers Compensation – Workers Compensation Boards Stovicek v. Providence Health Care Society, [2016] B.C.J. No. ...

Appeal from judicial review decision finding Workers’ Compensation Board decision regarding employer’s reporting duties unreasonable

28. October 2014 0
Administrative law – Decisions of administrative tribunals – Workers Compensation Boards – Workers compensation – Employer – definition – Employer’s duty to report accident – Third parties – Judicial review – Standard of review – Reasonableness simpliciter – Compliance with legislation British Columbia Hydro and Power Authority v. Workers’ Compensation Board of British Columbia, [2014] ...

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

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

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. ...

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. ...

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

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 Applicant school boards unsuccessfully appealed the decision of the Respondent Workplace Safety and Insurance Board denying the Applicants access to their employees’ information

Administrative law – Decisions of administrative tribunals – School boards – Disclosure of record – Workers compensation – Benefits – Subrogated actions – Freedom of information and protection of privacy – Disclosure of records – Judicial review – Disclosure of records – Compliance with legislation – Applications – Premature Lambton Kent District School Board v. ...