KSW Successful Cases: Achieving Positive Outcomes

All

Business

Personal

Thank you! Your submission has been received!

Oops! Something went wrong while submitting the form.

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.

Royal Canadian Legion Branch Maple Ridge Branch #88 v Service, Health, Manufacturing and Allied Workers Union, CLAC Local 501, 2016 CanLII 44229 (BC LRB)

Chris represented the Employer in defending a reconsideration application before the Labour Relations Board involving the description of a bargaining unit in the context of a union raid application. The union’s resonsideration application was denied.

Sidhu v. Sever, 2014 BCPC No. 20971, Abbotsford Registry

Chris represented the claimant in a breach of contract action regarding a construction dispute. After a four day trial, our client was awarded judgment. The judgment was unique in that the court accepted our client’s argument for compensation based on contractual restitution under the principles of quantum meruit.

WCAT No. A1602170

We acted for a landscape construction company that was fined just under $32,000 when two of its workers failed to wear a seatbelt while driving a tractor on a large construction project in Abbotsford. After an appeal to WCAT, the penalty was downgraded to a lesser category and cut in half.

Review Reference #R0236326

We were granted leave to request a late review of a 2014 decision which provided our client’s total disability pension would terminate on his 70th birthday. The Review Division varied the Board’s decision and determined that benefits would be payable until age 75. The client received a $30,000 retroactive payment and three extra years of pension payments.

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.

Firm

Services

People

Media

Business Services

Business Litigation & Disputes

Business Tax

Charities & Non Profit

Corporate Services

Employment Law & Human Rights

Insurance Defence

Labour Relations & Union Advice

Real Estate Services

Personal Services

Employment Law & Human Rights

Estate Planning Wills & Trusts

Family Law

Insurance Denials

Judicial Reviews & Appeals

Personal Injury

Personal Litigation & Disputes

Personal Tax

Real Estate Services

Successful Cases

People

Community

Students

Career

Team

Contact

Firm

Services

Locations

About KSW

History

Pay Bill

Media

Events & News

Media Library

Learning

LinkedIn