NOVA SCOTIA COURT OF APPEAL
Citation: MacEachern v. Workers’ Compensation Board (N.S.),
2003 NSCA 45
Date: 20030424
Docket: CA 190222
Registry: Halifax
Between:
Workers’ Compensation Board of Nova Scotia
Appellant
v.
Workers’ Compensation Appeals Tribunal and
William MacEachern
Respondents
JUDGE: BATEMAN, J.A.
JUDGMENT DELIVERED: April 24, 2003
SUBJECT: Workers Compensation Act
SUMMARY: Worker alleges workplace injury before the implementation of the current Act (Workers’ Compensation Act, S.N.S. 1994-1995, c. 10), but made no claim until current Act in place. Question of which definition of “accident” applies to his claim. Throughout these complex and protracted proceedings, all parties took the position that they were functioning under the current Act. The Tribunal, however, on its own motion, raised the question of whether the definition of “accident” in the former Act (Workers’ Compensation Act, R.S.N.S. 1989, c. 508) should apply, and found that it did apply.
ISSUES: Which definition of “accident” is applicable?
RESULT: Appeal allowed. Matter remitted to the Tribunal to consider the claim applying the current Act.
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