Sherstobitoff v British Columbia (Workers’ Compensation Appeal Tribunal), 2019 BCSC 1659
Judicial review – Workers Compensation Board accepted our client’s claim for a back injury sustained on a first day on the job with her new employer. In setting her long-term wage rate, WCB found her to be a ‘temporary’ worker. We argued for our client that her employment was permanent. WCAT dismissed our claim and affirmed the initial WCB decision. We petitioned the BC Supreme Court, and the Court found the WCAT decision was patently unreasonable as it failed to make findings about the words of our client’s oral employment contract. This judicial review presented an interesting intersection of employment law, workers compensation law, and administrative law. Read Chris’ blog post about this case here.