KSW Successful Cases: Achieving Positive Outcomes

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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.

Waterston v. Kerr, 2013 BCPC 148

Chris obtained an award for damages for client in this case involving a breach of contract. The defendant also brought a counterclaim against his client. Chris engaged a geotechnical engineer expert and and was successful in securing the dismissal of the counterclaim.

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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