Nova Scotia Court of Appeal
Citation: Enterprise Cape Breton Corporation v. Anderson, 2014 NSCA 59
Date: 20140610
Docket: CA 413699
Registry: Halifax
Between:
Enterprise Cape Breton Corporation
(formerly Cape Breton Development Corporation)
Appellant
v.
A. Roy Anderson, The Nova Scotia Workers’Compensation
Appeals Tribunal, Workers’ Compensation Board, and the
Attorney General of Nova Scotia
Respondent
|
Judge: |
The Honourable Justice David P.S. Farrar |
|
Appeal Heard: |
June 3, 2014, in Halifax, Nova Scotia |
|
Subject: |
Workers’ Compensation Law. Permanent Impairment Benefits. Policy 3.3.4R. Determining Permanent Medical Impairment Ratings Using the AMA Guides, 4th ed. |
|
Summary: |
The respondent, an underground coal miner for approximately 25 years, was diagnosed with pneumoconiosis and awarded a PMI effective February 16, 2012, by the WCB. He appealed the WCB decision to WCAT arguing that the effective date of his award be back dated.
WCAT agreed and awarded him a PMI of 10% on October 1, 2004 and an increase to that PMI to 20% on October 1, 2009. ECBC appealed arguing that the Appeal Commissioner failed to properly apply WCB Policy 3.3.4R. |
|
Issues: |
Did WCAT err by failing to properly apply WCB Policy 3.3.4R in awarding a PMI of 10% on October 1, 2004 and increasing it to 20% on October 1, 2009. |
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Result: |
Appeal allowed. WCAT failed to apply Policy 3.3.4R which it was bound to do by the provisions of the Workers’ Compensation Act, S.N.S. 1994-95, c. 10. As a result the 10% PMI awarded on October 1, 2004 and the 20% PMI awarded on October 1, 2009, were set aside. |
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 7 pages.