Labour
HOME /
WCAT Decisions
FROM THIS PAGE you can view all WCAT decisions, or search the decisions.
| Between / / | And / / |
DISCLAIMER: Decisions of the Workers Compensation Appeal Tribunal have been edited for the purpose of release to the public and to protect the privacy of the parties concerned in accordance with the provisions of the Freedom of Information and Protection of Privacy Act R.S.P.E.I. 1988, Cap. F-15.01. Information edited from the decisions is identified by square brackets.
Appeal Issues
Whether information provided to the Board constitutes new evidence. Does the Tribunal have jurisdiction to deal whether the termination of the worker’s EWL violates the Charter of Rights and Freedom.
WCAT Decision
The Tribunal ruled the correspondence with the Board was not new evidence as it was already on file, while the other info provided was simply legal argument and new evidence pursuant to the Act. The Tribunal also ruled given that the worker did not file a Notice of Appeal of the March 11, 2010, decision on the charter issue to WCAT, the Tribunal has no jurisdiction to hear an appeal on that issue. Appeal denied.
Appeal Issues
Whether the Worker’s injury arose out of and in the course of employment?
WCAT Decision
The Tribunal ruled that on the balance of probabilities, the evidence presented to the Board are of such weight the Board was correct in ruling in the worker’s favour. Appeal denied.
Appeal Issues
Whether the Board’s decision to close the Appellant’s claim effective March 24, 2010 was appropriate.
WCAT Decision
The Tribunal ruled that the Board, in considering whether the Appellant had reached a medical plateau, failed to consider the “full injurious result” as required by Section 6(9) of the Act. The Tribunal ruled the Appellant had not in fact reached a plateau. The Appellant’s TWL benefits are reinstated effective March 24, 2010, and the matter is remitted back to the Board. Appeal allowed.
Appeal Issues
Whether the Worker is entitled to changes in her TWL benefits due to a wage increase under her collective agreement.
WCAT Decision
The Tribunal ruled that at the time Policy 85, paragraph 7 was in effect and at the time the appellant’s file had been closed and she was not receiving benefits. Appeal denied.
Appeal Issues
Were the Worker's symptoms caused or aggravated by his accident?
WCAT Decision
The Tribunal ruled considering the totality of evidence before the Board and Tribunal, the worker's symptoms were not caused or aggravated by the accident. Appeal denied.
Appeal Issues
Were the Worker's temporary wage loss benefits properly calculated?
WCAT Decision
The Tribunal ruled the temporary wage loss benefits were correctly calculated and the other possible sources of income and monies received were from non-employment sources under the Act and Policy. Appeal denied.
Appeal Issues
Whether the worker's injury arose out of and in the course of employment?
WCAT Decision
The Tribunal ruled considering the totality of evidence before the Board and the Tribunal, the worker failed to prove on a balance of probabilities that the injury arose from employment. Appeal denied.
Appeal Issues
Was it appropriate to conduct a 6 week wage review resulting in a lower TWL?
WCAT Decision
The Tribunal ruled based on the evidence before them, the Board could not have arrived at any different result. Appeal denied.
Appeal Issues
Whether various documents constitute new evidence? Whether the Board’s decision to deny the worker’s recurrence claim appropriate?
WCAT Decision
The Tribunal ruled that correspondence from provided was new health info not already in the file. They also found after reviewing all the evidence on the balance of probabilities the worker’s injury was a recurrence of the earlier compensable injury and returned the matter to the Board for calculation of appropriate benefits. Appeal allowed.
Appeal Issues
Whether the Worker’s injury arose out of and in the course of employment.
WCAT Decision
The Tribunal ruled that on the balance of probabilities the Worker’s injury did arise out of and in the course of employment. Appeal denied.
This information has been taken from www.gov.pe.ca