Citation: Michelin North America (Canada) Inc. v. Ross, 2002 NSCA 166
Date: 20021230
Docket: CA 177445
Registry: Halifax
Between:
Michelin North America (Canada) Inc.
Appellant
v.
Richard Ross, The Nova Scotia Workers’ Compensation Appeals Tribunal, and The Workers’ Compensation Board of Nova Scotia
Respondents
and
Alliance of Manufacturers & Exporters Canada, carrying on business as Canadian Manufacturers & Exporters
Intervenor
JUDGE: Freeman, J.A.
APPEAL HEARD: December 3, 2002
SUBJECT: Workers’ Compensation; appeal of award by Workers’ Compensation Appeals Tribunal for time lost due to symptoms of shift-work maladaptation syndrome; Metropolitan Entertainment Group v. Durnford (2000), 188 N.S.R. (2d) 318 (C.A.) considered.
SUMMARY: A worker who lost time due to a cognitive deficit resulting from his shift-work maladaptation syndrome was awarded compensation by the Workers’ Compensation Board. The employer appealed to the Workers’ Compensation Appeals Tribunal, which dismissed the appeal, citing this court’s decision in Durnford. The employer appealed to this court.
ISSUE: Were the symptoms of shift-work maladaptation syndrome an injury resulting from an accident arising out of and in the course of employment?
RESULT: The appeal was allowed and the award of compensation set aside. The worker’s shift-work intolerance was a personal characteristic inherent to him. Unlike Durnford, there is no evidence that this condition is either caused or aggravated by the requirements of the job. Contrary to the Tribunal’s holding based on its erroneous reading of Durnford, it cannot be said that simply because the condition manifests itself at work that the condition or its symptoms arise out of or in the course of employment.
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This information sheet does not form part of the court’s judgment. Quotes must be from the judgment, not this cover sheet. The full court judgment consists of 13 pages. |