Mulock v. Nova Scotia (Workers' Compensation Board)
The Tribunal did not commit an error of law or act beyond its jurisdiction in applying the guidelines for assessing permanent medical impairment; therefore the appeal is dismissed.
Source-derived case information.
- Citation
- 2001 NSCA 27
- Parties
- Appellant: James Mulock; Respondent: Workers' Compensation Appeals Tribunal of Nova Scotia (WCAT); Respondent: Workers' Compensation Board of Nova Scotia (WCB); Respondent: Clearwater Atlantic Seafoods Inc.
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 6 February 2001
- Procedural Posture
- Appeal (workers' Compensation) / Court of Appeal Judgment (dismissed)
- Outcome
- Appeal dismissed
- Legal Topics
- Assessment of Permanent Medical Impairment, Earnings Replacement Entitlement, Standard of Review for Administrative Decisions
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
James Mulock
Appellant
Workers' Compensation Appeals Tribunal of Nova Scotia (WCAT)
Respondent
Workers' Compensation Board of Nova Scotia (WCB)
Respondent
Clearwater Atlantic Seafoods Inc.
Respondent
Procedural Posture
Appeal (workers' Compensation) / Court of Appeal Judgment (dismissed)
Legal Issues
- 1 Whether the Tribunal erred in law or jurisdiction in applying the guidelines for assessment of permanent medical impairment
- 2 Whether the appellant is entitled to further earnings replacement benefits
Ratio Decidendi
The Tribunal did not commit an error of law or act beyond its jurisdiction in applying the guidelines for assessing permanent medical impairment; therefore the appeal is dismissed.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Workers' Compensation Board to assess any entitlement to further earnings replacement
Full Case Text
Judgment text and source record
1 paragraphs
Mulock v. Nova Scotia (Workers' Compensation Board) Court Court of Appeal Date 2001-02-06 Citation 2001 NSCA 27 Docket CA 164311 Judge/Registrar/Adjudicator Glube, Constance R. (Honourable Chief Justice) (CA); Flinn, Edward J. (Honourable Justice); Cromwell, Thomas A. (Honourable Justice) Document Type Decision Decision Content Date: 20010206 Docket: CA 164311 NOVA SCOTIA COURT OF APPEAL Cite as: Mulock v. Nova Scotia (Workers’ Compensation Board), 2001 NSCA 27 Glube, C.J.N.S.; Flinn and Cromwell, JJ.A. BETWEEN: JAMES MULOCK Appellant - and - WORKERS’ COMPENSATION APPEALS TRIBUNAL OF NOVA SCOTIA (WCAT), WORKERS’ COMPENSATION BOARD OF NOVA SCOTIA (WCB), CLEARWATER ATLANTIC SEAFOODS INC. Respondents REASONS FOR JUDGMENT Counsel: Michael K. Power for the appellant Paula Arab O’Leary and Madeleine F. Hearns for the respondent, WCB Sarah Bradfield for the respondent, WCAT Appeal Heard: February 6, 2001 Judgment Delivered: February 6, 2001 THE COURT: Appeal dismissed, per oral reasons for judgment of Glube, C.J.N.S.; Flinn and Cromwell, JJ.A. concurring. GLUBE, C.J.N.S.: (Orally) [1] In our view, the Tribunal did not err in law or jurisdiction in applying the guidelines for assessment of permanent medical impairment in this case. We are advised by the Board that Mr. Mulock’s entitlement, if any, to further earnings replacement is presently being assessed by the Board. [2] Accordingly, the appeal is dismissed. Glube, C.J.N.S. Concurred in: Flinn, J.A. Cromwell, J.A.