Nova Scotia Court of Appeal
Citation: Ellsworth v. Nova Scotia (Workers’ Compensation Appeals Tribunal), 2013 NSCA 131
Date: 20131119
Docket: CA 395440
Registry: Halifax
Between:
Michael Ellsworth
Appellant
v.
Nova Scotia Workers’ Compensation
Appeals Tribunal, the Workers’ Compensation
Board of Nova Scotia, the Attorney General for the
Province of Nova Scotia, and Surrette Battery Co. Ltd.
Respondents
|
Judge: |
The Honourable Justice David P.S. Farrar |
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Appeal Heard: |
June 18, 2013, in Halifax, Nova Scotia |
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Subject: |
Workers’ compensation law; Interpretation of the Workers’ Compensation Act, S.N.S. 1994-95, c. 10, s. 227 calculation of benefits |
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Summary: |
The appellant sustained a number of compensable injuries over the years. Relevant to this appeal are his injuries on December 23, 1987, February 2, 1995, and February 11, 2006. The appellant has been unable to work since being injured in 2006. WCAT found that the appellant’s injury in 2006 was a recurrence of his 1987 injury and, in interpreting s. 227 of the Act, awarded him benefits under the workers’ compensation regime in place in 1987. |
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Issues: |
(1) Did the WCAT err in its interpretation of s. 227 of the Act?
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Result: |
Appeal allowed. WCAT’s interpretation of s. 227 was unreasonable and led to an absurd result. The matter remitted to the Board to calculate Mr. Ellsworth’s compensation without regard to s. 227. |
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 19 pages.