C.A.S. v. British Columbia (Workers’ Compensation Appeal Tribunal)
C.A.S.
Law Firm / Organization
Self Represented
Workers’ Compensation Appeal Tribunal
Law Firm / Organization
Not Specified
Lawyer(s)

I.D. Morrison

Background:
In May 2019, C.A.S. was head-butted by a client at work, leading to a concussion. The Workers’ Compensation Board (WCB) accepted her claim and awarded initial benefits. However, in October 2019, the WCB denied further wage-loss benefits, stating that her symptoms had resolved by then. C.A.S. successfully appealed this decision to the WCB Review Division, which granted wage-loss benefits until October 15, 2019. Dissatisfied, she appealed to WCAT, seeking compensation beyond that date and additional treatment coverage. WCAT denied her appeal in June 2021, citing inconsistencies in her statements regarding her recovery.

Legal Arguments/Issues:
C.A.S. argued that WCAT unreasonably rejected her ongoing symptoms and failed to hold an oral hearing to resolve credibility concerns. She alleged procedural unfairness and discrimination. WCAT found her claims inconsistent with earlier statements to her physician that her symptoms had resolved in October 2019, thus questioning her credibility.

Court’s Decision:
The British Columbia Court of Appeal dismissed her application for an extension to file the appeal, finding the appeal meritless and unlikely to succeed. It upheld WCAT’s decision as reasonable and procedurally fair. A partial sealing order was granted for medical records, but no further sealing or costs were awarded.

Costs and Awards:
No specific costs or monetary awards were granted to either party.

Court of Appeals for British Columbia
CA50000
Employment law
Respondent