Date: 19980522 Docket: C.A. 143582
NOVA SCOTIA COURT OF APPEAL
Cite as: Williams v. Nova Scotia (Workers’ Compensation Board),
Clarke, C.J.N.S.; Freeman and Flinn, JJ.A.
BETWEEN:
WORKERS' COMPENSATION BOARD ) David P. S. Farrar
OF NOVA SCOTIA ) John R. Ratchford
) for the Appellant
Appellant )
Respondent on Cross-Appeal )
) Kenneth H. LeBlanc
- and - ) Linda L. Zambolin
) for the Respondent
SHELLEY WILLIAMS ) Shelley Williams
)
Respondent )
Appellant on Cross-Appeal ) Sarah Bradfield
) for the Respondent
- and - ) Tribunal (Watching
) Counsel only)
WORKERS' COMPENSATION APPEALS )
TRIBUNAL OF NOVA SCOTIA )
) Judgment Heard:
Respondent ) May 22, 1998
Respondent on Cross-Appeal )
)
) Judgment Delivered:
) May 22, 1998
)
)
THE COURT: Decision of Workers' Compensation Appeals Tribunal set aside and the entire matter remitted to the Tribunal for its reconsideration, per oral reasons for judgment of Clarke, C.J.N.S.; Freeman and Flinn, JJ.A. concurring.
C.A. No. 143582
NOVA SCOTIA COURT OF APPEAL
BETWEEN:
WORKERS' COMPENSATION BOARD )
OF NOVA SCOTIA )
)
Appellant )
Respondent on Cross-Appeal )
- and - ) REASONS FOR
) JUDGMENT BY:
SHELLEY WILLIAMS )
) Clarke, C.J.N.S.
Respondent ) (orally) Appellant on Cross-Appeal ) )
- and - )
)
WORKERS' COMPENSATION )
APPEALS TRIBUNAL OF N.S. ) )
)
Respondent )
Respondent on Cross-Appeal ) )
)
)
)
)
)
The reasons for judgment of the Court were delivered orally by:
CLARKE, C.J.N.S.:
This an appeal and cross-appeal from the decision of the Workers' Compensation Appeals Tribunal dated November 12, 1997, by which it granted the worker, Ms. Williams, temporary total disability benefits. In awarding compensation the Tribunal found that s. 229 of the current Act requires the application of the former Act. Further, the Tribunal refused to apply Board policy because of its decision that the former Act applied. In light of the recent decision of this Court in Muise, C.A. 141481, delivered May 12, 1998, which was not available to the Workers' Compensation Appeals Tribunal at the time of its deliberations, it is our unanimous opinion that this matter should be remitted to the Workers' Compensation Appeals Tribunal to consider the impact, if any, that Muise has upon Ms. Williams' claim.
Counsel for the claimant asks this Court to decide the issue of compensation on the ground that all of the evidence is before us in the record, rather than remitting it back to the Tribunal. He submits that the impact of Muise does not change the outcome he seeks for his client. While that may be so, it is for the Tribunal and not this Court to make that decision.
Page: 2
Therefore we set aside the decision of the Workers' Compensation Appeals Tribunal. We order that the entire matter be remitted to the Workers' Compensation Appeals Tribunal for its reconsideration.
Clarke, C.J.N.S.
Concurred in:
Freeman, J.A.
Flinn, J.A.