KSW Successful Cases: Achieving Positive Outcomes

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WCAT No. A1604273 & A18012412

Our client was a health care worker who injured her shoulder at work. The Board denied her compensation and claimed her injury was pre-existing. We retained a shoulder expert and successfully appealed to WCAT, resulting in the injury being accepted. The Board then tried to limit compensation for the accepted injury. We appealed to WCAT again and the client received fair compensation, including retroactive benefits of over $30,000.

WCAT No. A1607061

Chris’ client was a long-haul truck driver who suffered a serious knee injury. During the course of treatment, the client suffered a new tear in his knee which the Board refused to recognize. After our successful appeal to WCAT, the client received a retroactive payment of $107,000 and his entitlement to ongoing benefits and retraining was restored.

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. 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.

Desrochers v. Teksmed Services, 2013 BCHRT 56

Our client was terminated from employment during a medical leave. The employer applied to dismiss her complaint to the Tribunal, partly because of a concurrent employment standards proceeding. The Tribunal dismissed the employer’s application and found the case had a reasonable prospect of success. It was settled shortly after the decision.

G.R. v. Canada Employment Insurance Commission, 2016 SSTGDEI

Client applied for EI benefits and was denied. The main issue was whether the Appellant lost his employment by reason of his own conduct, specifically being terminated for absenteeism. Chris was able to successfully show that his client’s actions did not constitute misconduct.

Gibson v Matthies, 2017 BCSC 839

Chris represented the defendant in a claim brought by the plaintiff in relation to a motorcycle accident. After a three-day trial on liability, the Court determined that the plaintiff was 75% responsible for the accident.

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