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

Personal

WCAT Decision No. 2016-00724

Chris acted for the widow of a groundskeeper at a remote lodge in Maple Ridge. He had suffered a heart attack while at work and WorkSafeBC denied our client a survivor’s pension on the grounds that the injury did not occur in the course of the worker’s employment. We engaged a leading cardiologist to analyze the data and presented his report to WCAT on appeal. The Tribunal allowed the appeal and accepted our arguments that the combination of the strenuous nature of the employment and the remote location of the lodge (causing a delayed response time for emergency services) made the injury compensable. Our client received a retroactive pension award of $25,000 and an ongoing pension payable for the rest of her life.

WCAT No. 141118-A,B / WCAT Decision No. A1606015

Chris’ client suffered a serious forklift accident. WorkSafeBC accepted his ankle injury but denied the resulting back condition that arose from his altered gait and turned out to be the most seriously impairing. WCAT allowed the appeal and the client received fair compensation for all his injuries. After this, WorkSafeBC tried to force our client back to work in a position he was not suited for. We appealed again and WCAT allowed the appeal, finding that our client was entitled to a 100% loss of earnings pension.