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CASE NO.                                         VOL. NO.                      PAGE

 

Workers’ Compensation Board (N.S.)   - and -                                       Glen Bowles              

 

Appellants                                                                                    Respondent             

 

 

CA 182562                               Halifax                            ROSCOE, J.A.

 

         Cite as:  Nova Scotia (Workers’ Compensation Board) v. Bowles, 2002 NSCA160

 

 

Appeal Heard:                November 26, 2002

 

Judgment Delivered:      December 10, 2002

 

Subject:       Practice, Civil Procedure Rule 14.25, Workers’ Compensation Act, s. 167,  action by worker against Workers’ Compensation Board

 

Summary:   The respondent was injured in a workplace accident and received workers compensation. He sued the Workers Compensation Board alleging that he suffered further injury and damages as a result of following the directions of his case worker to participate in work hardening and physiotherapy. He claims that the employee was negligent and acted in bad faith and that as a result of her conduct it was necessary for him to have additional surgery.  It is alleged that the Boards employee was acting in the scope of her employment. The Board brought an application to strike the statement of claim which was dismissed by the chambers judge.

 

Issues:         Whether the action is barred by statute and thus discloses no reasonable cause of action.

 

Result:        Appeal allowed. As a result of s.167 of the Act, no action against the Board or its employee is allowed when acting within its jurisdiction. The pleadings therefore disclose no reasonable cause of action and should have been struck out.

 You are being directed to the most recent version of the statute which may not be the version considered at the time of the judgment.