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.

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.

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