Kerton v. Workers’ Compensation Appeal Tribunal, BCSC (May 5, 2010)
This judicial review addressed the issue of whether section 243(3) of the Workers Compensation Act confers on the Workers’ Compensation Appeal Tribunal (WCAT) a residual discretion to deny an extension of the time to appeal where the special circumstances and injustice criteria have been met.
Sidhu v. British Columbia (Workers’ Compensation Appeal Tribunal), BCSC (March 4, 2010)
In this judicial review, the Court considered a reconsideration decision by the Workers’ Compensation Appeal Tribunal (WCAT) which upheld an earlier WCAT decision that dealt with a number of issues including the permanent disability award of a sawmill worker with right hand injuries.
Jensen v. Workers’ Compensation Appeal Tribunal, BCSC (March 1, 2010)
In this judicial review, the Court considered a decision of the Workers’ Compensation Appeal Tribunal which found that the worker’s rheumatoid arthritis was not caused, activated, or accelerated by his earlier 1994 compensable injury.
Lavigne v. British Columbia (Workers' Compensation Appeal Tribunal), BCSC (January 1, 2010)
The Petitioner sought judicial review of a reconsideration decision of the Workers’ Compensation Appeal Tribunal (WCAT) on the basis that WCAT failed to follow the earlier order of the court in Lavigne v. British Columbia (Workers Compensation Review Board), 2008 BCSC 1107.
Chima v. Workers’ Compensation Appeal Tribunal, BCSC (November 17, 2009)
In this judicial review the Court considered a decision of the Workers' Compensation Appeal Tribunal which found that the worker's psychological disorder was not related to his compensable right-sided low back strain injury, but rather was related to a non-compensable disc protrusion, was patently unreasonable.
Srochenski v. Workers’ Compensation Appeal Tribunal, BCSC (November 2, 2009)
In this judicial review, the Court considered three decisions of the Workers' Compensation Appeal Tribunal (WCAT). The Court dismissed the petition against one of the WCAT decisions, and with respect to the remaining two decisions remitted the matter back to WCAT to consider the evidence that the current symptoms were not entirely the result of natural degeneration.
Woods v. British Columbia (Workers’ Compensation Board), BCSC (October 14, 2009)
In this judicial review the Court considered a decision by the Workers’ Compensation Appeal Tribunal which considered whether the worker, a refrigeration mechanic, was still temporarily disabled as a result of his compensable injury after April 3, 2006, and whether policy #35.30 of the Rehabilitation Services and Claims Manual was patently unreasonable.
Buttar v. Workers' Compensation Appeal Tribunal, BCSC (September 8, 2009)
In this judicial review the Court considered a section 257 (certification to court) decision by the Workers’ Compensation Appeal Tribunal (“WCAT”) which determined that the Respondent Galleto was a worker, and that his injuries arose out of his employment but did not arise in the course of his employment.
Page v. British Columbia (Workers’ Compensation Appeal Tribunal), BCSC (August 4, 2009)
This was an application for costs against the Workers’ Compensation Appeal Tribunal. The Court, applying the principle in Lang v. British Columbia (Superintendent of Motor Vehicles) 2005 BCCA 244 that generally an administrative tribunal will neither be entitled to costs nor be ordered to pay costs, dismissed the petitioner’s claim for costs.
Johnson v. British Columbia (Workers’ Compensation Board), BCSC (July 2, 2009)
The BC Supreme Court considered issues which had been referred back to it by the Court of Appeal, in particular the question of whether the BC Supreme Court can address a new argument on judicial review not raised before the tribunal. This question was considered in light of the Workers' Compensation Board, operating as WorkSafeBC (Board) policy on interest with respect to retroactive payments.
- Order (entered September 30, 2009)
Canadian Broadcasting Corporation v. Luo , BCCA (June 29, 2009)
In this judicial review the Court of Appeal considered whether the Workers' Compensation Board, operating as WorkSafeBC (Board) has jurisdiction to determine whether or not an individual claimant is an "employee" for the purpose of the federal Government Employees Compensation Act (GECA).
Plesner v. British Columbia Hydro and Power Authority, BCCA (April 30, 2009)
At issue before the Court was whether the mental stress provisions in section 5.1 of the Workers Compensation Act (Act) and item #13.30 of Rehabilitation Services and Claims Manual, Volume II (RSCM II) were constitutional and whether the Workers’ Compensation Appeal Tribunal decision denying compensation for mental stress was patently unreasonable.
Page v. British Columbia (Workers' Compensation Appeal Tribunal), BCSC (April 14, 2009)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (WCAT) which considered the Petitioner’s claim for compensation which was requested on the basis that she was unable to work due to post traumatic stress disorder (PTSD).
Bagri v. Workers' Compensation Appeal Tribunal, BCSC (March 6, 2009)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (“WCAT”) which considered the Petitioner’s permanent functional impairment award.
Manz v. Sundher, BCCA (February 27, 2009)
The Court of Appeal considered whether the B.C. Supreme Court had erred in re-weighing evidence on a judicial review of a Workers’ Compensation Appeal Tribunal decision. The Court of Appeal also addressed the issue of how to define patent unreasonableness in section 58 of the Administrative Tribunals Act (ATA) in light of Dunsmuir v. New Brunswick, 2008 SCC 9.
Asquini v. British Columbia (Workers' Compensation Appeal Tribunal), BCSC (January 23, 2009)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (WCAT) which considered the Petitioner’s claim for a loss of earnings award. The Court also addressed a constitutional challenge to section 58 in the Administrative Tribunal Act (ATA).
Tallarico v. Workers' Compensation Appeal Tribunal, BCSC (January 22, 2009)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (WCAT) which considered the Petitioner’s claim for a loss of earnings award. The Court also addressed how patent unreasonableness in section 58 of the Administrative Tribunal Act (ATA) is to be defined in light of Dunsmuir v. New Brunswick, 2008 SCC 9.
Buttar v. Workers' Compensation Appeal Tribunal, BCSC (January 13, 2009)
The Court considered a preliminary objection by the Petitioners with respect to the standing of the Workers’ Compensation Appeal Tribunal’s (WCAT) in a judicial review proceeding of a WCAT decision.
Lavigne v. British Columbia (Workers Compensation Review Board), BCSC (December 4, 2008)
This was an application for costs against the Workers’ Compensation Appeal Tribunal (WCAT). The Court, applying Lang v. British Columbia (Superintendent of Motor Vehicles) 2005 BCCA 244, found that there was no misconduct or perversity in the proceedings before WCAT, nor did WCAT argue the merits of a judicial review application rather than its own jurisdiction. Accordingly, the Court found that each party should bear its own costs.
Johnson v. Workers' Compensation Board of British Columbia, BCCA (November 5, 2008)
The B.C. Court of Appeal considered an appeal of an order certifying a proceeding regarding the Workers’ Compensation Board, operating as WorkSafeBC, policy on interest on retroactive payments as a class proceeding under the Class Proceedings Act.
Johnson v. WCB, BCSC (October 21, 2008)
This was an application for an order by the Workers' Compensation Board, operating as WorkSafeBC (Board), that the B.C. Supreme Court (BCSC) judge disqualify herself from hearing matters remitted back to the BCSC by the B.C. Court of Appeal on the basis that there was a reasonable apprehension that the BCSC judge would be biased in deciding the issues.
Redae v. Workers' Compensation Appeal Tribunal, BCCA (October 1, 2008)
This was an application to the Court of Appeal for indigent status and an extension of time to bring an application for leave to appeal a judicial review decision.
Lavigne v. British Columbia (Workers Compensation Review Board), BCSC (August 15, 2008)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (WCAT) which considered the Petitioner’s long term wage rate.
Canadian Broadcasting Corporation v. Luo, BCCA (August 15, 2008)
The B.C. Court of Appeal considered an application by Canada Post for intervener status in the CBC's appeal from the dismissal of its petition to quash a decision of the Workers' Compensation Appeal Tribunal.
Redae v. Workers' Compensation Appeal Tribunal, BCSC (July 18, 2008)
This was a petition for judicial review of a decision by the Workers’ Compensation Appeal Tribunal (WCAT) which summarily dismissed the Petitioner’s appeal of a decision of the Review Division of the Workers’ Compensation Board (Board) under section 31(1)(f) of the Workers Compensation Act.
Johnson v. Workers' Compensation Board, BCCA (May 27, 2008)
The Court of Appeal (BCCA) considered whether the B.C. Supreme Court (BCSC) can decide an issue of first instance (the legality of the new interest policy) when that issue was not determined by the decision of the Workers’ Compensation Appeal Tribunal under review.
Gogol v. Workers' Compensation Appeal Tribunal, BCSC (April 22, 2008)
The Court considered the issue of the burden of proof in a Workers’ Compensation Appeal Tribunal (WCAT) decision which determined whether the Petitioner was entitled to wage loss benefits when injured on what was to have been his last day of work before being laid off by his employer.
Manz v. Workers' Compensation Appeal Tribunal and Sundher, BCSC (December 7, 2007)
The Court considered a Workers’ Compensation Appeal Tribunal (WCAT) decision about whether the Petitioner, who was involved in motor vehicle accident on his employer’s property, was a worker and whether his injury arose out of and in the course of employment.
Herbaut v. British Columbia (Workers' Compensation Appeal Tribunal), BCSC (November 16, 2007)
The Court considered the Petitioner’s application to set aside a decision by the Workers’ Compensation Appeal Tribunal (WCAT) that denied him an extension of time to appeal a review officer's decision.
Schulmeister v. British Columbia (Workers' Compensation Appeal Tribunal), BCSC (October 29, 2007)
The Court considered a Workers’ Compensation Appeal Tribunal (WCAT) decision which denied the Petitioner’s appeal for dependant survivor’s benefits.
Baker v. Workers' Compensation Appeal Tribunal, BCSC (October 15, 2007)
The Court considered the Petitioners allegations that the Workers’ Compensation Appeal Tribunal (WCAT) decision erred on a number of substantive and procedural issues including: whether the Petitioner's psychological condition was work related; the duration and extent of temporary disability benefits; failure to order production of the Petitioner's personnel file from his employer; and, failure to issue subpoenas.
Johnson v. Workers' Compensation Board, BCSC (September 26, 2007)
This was a judicial review of the Workers’ Compensation Appeal Tribunal (WCAT) precedent panel’s decision regarding the new interest policy on retroactive disability awards of the Workers' Compensation Board, operating as WorkSafeBC (Board).
Hill v. WCB, BCSC (August 3, 2007)
The Court considered whether the Workers’ Compensation Appeal Tribunal (WCAT) decision was patently unreasonable when it interpreted the mental stress policy of the Workers' Compensation Board, operating as WorkSafeBC (Board) as involving an objective test to determine whether an event was traumatic.
Daniel v. (British Columbia) Workers' Compensation Appeal Tribunal, BCSC (July 6, 2007)
In this judicial review the Court considered a Workers’ Compensation Appeal Tribunal (WCAT) decision which dealt with the issues of average earnings calculation and the employability of a worker, as well as the effect of new evidence on a reconsideration application.
Canadian Broadcasting Corporation v. Lijun Luo, BCSC (July 4, 2007)
In this judicial review the Court considered whether the Workers' Compensation Board, operating as WorkSafeBC (Board) has jurisdiction to determine whether or not an individual claimant is an "employee" for the purpose of the federal Government Employees Compensation Act (GECA).
Baldwin v. Workers' Compensation Appeal Tribunal, BCSC (June 28, 2007)
In this judicial review the Court considered a Workers’ Compensation Appeal Tribunal (WCAT) decision which denied the Petitioner’s application for an extension of time to bring an appeal from a decision of the Review Division of the Workers' Compensation Board, operating as WorkSafeBC (Board).
Cianelli v. Workers' Compensation Board of B.C., BCSC (June 15, 2007)
In this judicial review the Court considered whether the correct test for causation was applied by the Workers’ Compensation Appeal Tribunal (WCAT) when determining if the Petitioner’s back and leg symptoms were caused by workplace accidents.
Johnson v. Workers' Compensation Board et al., BCSC (January 9, 2007)
The Court considered an application for an order certifying a proceeding regarding the Workers' Compensation Board, operating as WorkSafeBC (Board) policy on interest on retroactive payments as a class proceeding under the Class Proceedings Act.
