t. Cite as: Short v. Nova Scotia (Workers' Compensation Appeal Board0, 1990 NSCA 34 l IN THE SUPREME COURT I APPEAL DIVISION I Hart, Jones and Macdonald, JJ.A. I BETWEEN: I HARVEY SHORT Appellant I - and - I WORKERS' COMPENSATION APPEAL Respondent I ~ I I I THE COURT: Appeal dismissed I reasons for judgment and Macdonald, JJ.A. concurring. I I l I I S.C.A. No. 02215 OF NOVA SCOTIA Harold A. Macisaac for the Appellant Jonathan Davies for the Respondent BOARD Appeal Heard: March 15, 1990 Judgment Delivered: March 15, 1990 without costs, per oral of Hart, J.A.; Jones
I ~ t The reasons for judgment of the Court were delivered I orally by: HART, J .A.: I This is an appeal against the decision of the Workers' I Compensation Appeal Board by which partial disability was increased from 17% to 27%. I The principal argument I Appeal Board did not give reasons the evidence would call for I the matter should be referred reconsideration. I In our opinion, the ~ jurisdiction under the Workers' what functional disability applied to the appellant. I decision they quoted from the and accepted that the appellant I disabled from performing the I trained. He was limited in the future to other types of work and few of these occupations would I area where he lived. After considering they concluded that his percentage I found by the Board should be increased. I We are satisfied that reasons for their conclusion and t 'vvhich this Court should interfere with their finding. I I the appellant's permanent of the appellant is that the for its decision and since a much higher percentage, that back to the Board for Appeal Board had complete Compensation Act to decide In their medical evidence before them was totally and permanently type of work for which he was be available to him in the these circumstances, of disability previously the Board has given adequate that there is no basis upon We see
' ~ - 2 l no error in law or jurisdiction on the. part of the Appeal Board I and would, therefore, dismiss the appeal without costs. I I J.A. I Concurred in: I Jones, J.A. I Macdonald, I ~ I I I I I I l I I
' I. t I Now Scotia X I Wortcers' Compensation Appeal Board I WQRKERS' I Transcript of evidence in the hearing of: I I I " Held at: I Date: Represented by: I Appellant: Chairman: Board Members Present: I Recorded by: Transcript by: I I I l I I 2nd~ Lord_AIC_ Sgnng Gorden Rood -PO . -B S at 3 c 311 83J 3.11 ooa a.. ....., COKPENSATION APPEAL BQARP HEARING Mr. Harvey Short Sampson's Cove Richmond County, Nova Scotia BOE JCO Claim No. 1076299 the Meeting Room, Claymore Motel Antigonish, Nova Scotia November 6, 1989 Mr. Harold A. Macisaac Barrister, Solicitor Mr. Harvey Short Mr. Lawrence Scaravelli Mr. Donald Hutchinson Mrs. Shirley MacNeill Mr. John J. O'Brien Mrs. Mary B. Jewers Mr 8 EY8na, ~ Mr u P\erce. Meml::let' Wr 0. H~. Mtrnber Shutey UacNetn. Membef
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