KSW Successful Cases: Achieving Positive Outcomes

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Review Reference #R0239077

Our client was a Search and Rescue Volunteer that developed PTSD due to his exposure to many traumatic events, which prevented him from working at his regular job. WorkSafeBC tried to set his wage rate at the statutory minimum of $10 per week because his injuries related to his volunteer work. We sought a review of this decision and the Review Division overturned the Board. As a result, our client now receives fair compensation.

Roy v. Tailwind Management Systems and others, 2013 BCHRT 258

The employer brought an application to dismiss our client’s human rights claim after she was terminated from employment during a medical leave. The Tribunal dismissed the application and found the case should proceed. The case was subsequently resolved before the hearing.

Royal Bank of Canada v. Seikhon Farms et al., 2014 BCSC No. B081815, Vancouver Registry

Chris was co-counsel in defending a large Abbotsford farming operation in an action brought by the Royal Bank for $800,000. We third-partied several other businesses involved in the transaction in question. One of the third parties was in bankruptcy and applied for an absolute discharge, which would have prevented our client from continuing the third party claim. We argued against the application and it was dismissed. The case was settled soon after this.

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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