CASE NO. VOL. NO. PAGE
THE WORKERS’ COMPENSATION THE WORKERS’ COMPENSATION
BOARD OF NOVA SCOTIA APPEALS TRIBUNAL OF NOVA
SCOTIA and DANNY MacDONALD
(Workers’ Compensation Claim No.
1419987)
- and -
(Appellant) (Respondents)
CA 162973 Halifax, N.S. HALLETT, J.A.
[Cite as: MacDonald v. Nova Scotia (Workers’ Compensation Board),
2000 NSCA 134]
APPEAL HEARD: October 13, 2000
JUDGMENT DELIVERED: November 23, 2000
SUBJECT: Workers’ Compensation Act, S.N.S. 1994 - 95, c. 10, as amended by S.N.S. 1999, c. 1
Board of Directors’ Policy 8.1.7R1
SUMMARY: The Appeals Tribunal held that Policy 8.1.7R1 which limits the scope of a reconsideration of a Board decision made under s. 185(1) is inconsistent with the worker’s right to have a Board decision reconsidered pursuant to s. 185(2) of the Act.
On appeal to the Nova Scotia Court of Appeal the Court held that the Appeals Tribunal erred in law by incorrectly interpreting the Act. The Act does not provide for a right to have a Board decision reconsidered; the right having been eliminated on April 16th, 1999, by the repeal of s. 196 of chapter 10 of the Acts of Nova Scotia, 1994 - 95 by s. 25 of chapter 1 of the Acts of Nova Scotia, 1999.
The Court allowed the appeal and issued a declaratory order that Policy 8.1.7R1 is not inconsistent with the discretionary power, conferred on the Board pursuant to s. 185(2) of the Act, to reconsider a s. 185(1) decision.
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This information sheet does not form part of the court’s decision. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 23 pages. |