KSW Successful Cases: Achieving Positive Outcomes

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Skawski v. Peters, 2023 BCSC 2244

Tonn v. Sears Canada Inc., 2016 BCSC 1081

Chris was co-counsel for the plaintiff in a class action against a large national department store after the termination of approximately 100 British Columbia employees from the home services department.

W.N. v. Minister of Employment and Social Development

Personal

WCAT No. A1604204

Chris represented the developer of a large construction project in Abbotsford that was fined almost $60,000 in two separate penalty orders for alleged safety contraventions on site. After an initial review, the Review Division doubled the second penalty, increasing the total fine to $90,000. We appealed to WCAT and it was determined the Review Division’s reasoning was flawed. As a result, the second penalty was cancelled altogether and the fine reduced to less than $30,000.

WCAT No. A1703349

Our client was a delivery driver who injured himself in the course of work. He developed piriformis syndrome and chronic pain. WorkSafeBC suggested he retrain as a laundry worker and cut off benefits. We appealed to WCAT and the decision was overturned. Our client eventually received a 100% loss of earnings pension.

WCAT No. A1703496

Our client suffered a rare form of eye injury at her manufacturing plant. WorkSafeBC denied that the injury arose out of and in the course of employment. After an oral hearing at WCAT, the decision was overturned and the client received compensation for the injury, including retroactive benefits of $27,000 and a permanent pension until age 65.

WCAT-2015-03295

Our client was crushed between a metal bin and guard rail when a loader ran into the bin. He suffered serious physical injuries which were recognized by the Board, however he was only granted a 5% pension for the serious psychological conditions he developed, including PTSD and major depressive disorder. In a successful appeal, WCAT increased the psychological pension award to 15%, resulting in retroactive compensation of over $150,000 to our client.

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