CASE NO. VOLUME PAGE
THOMAS JOSEPH CUDDIHY THE WORKERS’ COMPENSATION
Workers’ Compensation Claimant APPEALS TRIBUNAL OF NOVA SCOTIA and
(Claim No. 5042579) THE WORKERS’ COMPENSATION
BOARD OF NOVA SCOTIA
- and -
(Appellant) (Respondent)
C.A. No. 144519 Halifax, N.S. CROMWELL, J.A.
Cite as: Cuddihy v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 1998 NSCA 130
APPEAL HEARD: May 29, 1998
JUDGMENT DELIVERED: June 19, 1998
SUBJECT: Workers’ Compensation Act, R.S.N.S. 1994-95, c. 10
SUMMARY: The appellant was injured in June of 1993 and awarded temporary total disability benefits from June until September of that year. The Board’s Hearing Officer refused to extend these benefits beyond that date and Mr. Cuddihy appealed to the Workers’ Compensation Appeals Tribunal. The Tribunal awarded additional temporary total disability benefits for one period of time but refused benefits for another. In reaching its decision the Tribunal applied the provisions of the former Workers’ Compensation Act, R.S.N.S. 1989, c. 508.
ISSUE: Did the Tribunal err in applying the provisions of the former Act?
RESULT: The appeal is allowed and the matter remitted to the Tribunal for reconsideration. In light of the decision of this Court in Workers’ Compensation Board of Nova Scotia v. Workers’ Compensation Appeals Tribunal of Nova Scotia and Muise (May 12, 1998), it is now clear that cases such as this, which are governed by the transitional provisions of s. 229 of the Workers’ Compensation Act are to be considered under the current and not the former Act. In light of this holding, the Court found it unnecessary to deal with other issues raised on the appeal.
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