Richard v. Nova Scotia (Workers' Compensation Board)

Richard v. Nova Scotia (Workers' Compensation Board)

The Court held that the Tribunal erred in jurisdiction by refusing to apply current Act Board policies to s.228 transitional cases when those policies, by their terms and lawfully applied, do not take away vested rights preserved by s.228; the Tribunal nonetheless had jurisdiction to order vocational rehabilitation...

Source-derived case information.

Citation
1998 NSCA 118
Parties
Appellant; Respondent on Cross Appeal: Workers' Compensation Board of Nova Scotia; Respondent; Appellant on Cross Appeal: William Richard; Respondent; Respondent on Cross Appeal: Workers' Compensation Appeals Tribunal of Nova Scotia
Court
Nova Scotia Court of Appeal
Jurisdiction
Canada
Judgment Date
22 May 1998
Procedural Posture
Appeal and Cross Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part; cross-appeal dismissed; matter remitted to the Appeals Tribunal for reconsideration in light of applicable Board policies
Legal Topics
Transitional Provisions (s.228), Policy Applicability and Retroactivity, Jurisdiction of Appeals Tribunal, Apportionment (s.9(2)), Permanent Partial Disability, Standard of Review
Source Language
english
Workers' Compensation Administrative Law Statutory Interpretation Vocational Rehabilitation Appellate Review Transitional Provisions (s.228) Policy Applicability and Retroactivity Jurisdiction of Appeals Tribunal +3 more

Source-derived case record

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Parties

Workers' Compensation Board of Nova Scotia

Appellant; Respondent on Cross Appeal

William Richard

Respondent; Appellant on Cross Appeal

Workers' Compensation Appeals Tribunal of Nova Scotia

Respondent; Respondent on Cross Appeal

Procedural Posture

Appeal and Cross Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether current Act Board policies apply to transitional s.228 cases or are excluded as retroactive and inconsistent with vested rights
  2. 2 Whether the Appeals Tribunal had jurisdiction to order referral for vocational rehabilitation
  3. 3 Whether the Tribunal erred in apportioning permanent disability under s.9(2) of the former Act

Ratio Decidendi

The Court held that the Tribunal erred in jurisdiction by refusing to apply current Act Board policies to s.228 transitional cases when those policies, by their terms and lawfully applied, do not take away vested rights preserved by s.228; the Tribunal nonetheless had jurisdiction to order vocational rehabilitation where the issue was properly before it; the Tribunal's apportionment decision under s.9(2) was not patently unreasonable and the cross-appeal fails. The matter is remitted to the Tribunal to reconsider entitlement and quantification in light of applicable policies that do not impair vested rights under s.228.

Court Disposition

Appeal allowed in part; cross-appeal dismissed; matter remitted to the Appeals Tribunal for reconsideration in light of applicable Board policies

Orders

  • Allow appeal on ground that Tribunal erred in refusing to apply current Act policies insofar as those policies do not take away vested rights under s.228
  • Dismiss cross-appeal by William Richard