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CASE NO.                                                  VOLUME                                                          PAGE

Cite as: Nova Scotia (Workers Compensation Board) v. Williams, 1998 NSCA 111

 

WORKERS' COMPENSATION BOARD OF NOVA SCOTIA                Appellant

Respondent on Cross-Appeal

- and -                                                                                                

 

SHELLEY WILLIAMS                                                                                                Respondent

Appellant on Cross-Appeal

- and -                                                                                                

                                                                             

WORKERS' COMPENSATION APPEALS TRIBUNAL                                     Respondent

OF NOVA SCOTIA                                                                          Respondent on Cross-Appeal

 

 

                                                                             

C.A.  No.  143582                                Halifax, N.S.                                      Clarke, C.J.N.S.

                                                                                                                             (orally)

 

APPEAL HEARD:                                        May 22, 1998

 

JUDGMENT DELIVERED:             May 22, 1998

 

WRITTEN RELEASE OF ORAL:               May 27, 1998

 

 

 

SUBJECT:           WORKERS' COMPENSATION ACT, S.N.S. 1994-95, c. 10, s. 229.

 

SUMMARY:        By its decision dated November 12, 1997, the Workers' Compensation Appeals Tribunal granted the worker temporary total disability benefits.  It determined that s. 229 of the current Act requires the application of the former Act.  As a result, it declined to apply Board policy.  The Board appealed and the worker cross-appealed.

 

Between the time of the decision of the Workers' Compensation Appeals Tribunal and the hearing of this appeal, the Court of Appeal delivered its judgment in Muise on May 12, 1998, C.A. 141481.

 

RESULT: In the light of the decision in Muise, the Court set aside the decision of the Workers' Compensation Appeals Tribunal and remitted the entire matter to the Tribunal for its consideration.  The Court was disinclined to comment on the impact of Muise, if any, observing that it is for the Tribunal and not the Court to make that decision.

 

 

 

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