Court of Appeal

CASE NO.                                      VOL. NO.                                            PAGE

ANN STULAC                    - and -                 WORKERS’ COMPENSATION APPEALS TRIBUNAL and WORKERS’ COMPENSATION BOARD OF NOVA

(Appellant)                                                                                                                     (Respondents)

CA158398                                                   Halifax, N.S.                                                     Flinn, J.A.

Cite as Stulac v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 2001 NSCA 58

APPEAL HEARD:                        March 27, 2001

JUDGMENT DELIVERED:          April 6, 2001

SUBJECT:       Appellate Review of the Decision of the Workers’ Compensation Appeals Tribunal - Chronic Pain

SUMMARY:    The appellant appeals the decision of the Workers’ Compensation Appeals Tribunal which had decided, contrary to the submissions of the appellant, that:

1.      The Workers’ Compensation Board complied with an order of the Workers’ Compensation Appeal Board (as it was then known) dated September 7, 1989 and had the appellant assessed for a permanent partial disability, albeit the assessment produced a zero rating; and

2.      The appellant was not entitled to compensation for chronic pain.           

RESULT:             Appeal dismissed.

The Workers’ Compensation Appeals Tribunal made no error of law or jurisdiction in reaching its conclusions in this matter.

1.      The appellant was, pursuant to the Appeal Board order, assessed by the Workers’ Compensation Board for a permanent partial disability.

2.      Since the appellant was injured prior to March 23, 1990, and since she suffers from chronic pain, she is not entitled to workers’ compensation benefits for that chronic pain under the provisions of the Workers’ Compensation Act.