Key Facts:
- John Blanchard was injured in a workplace accident on February 25, 2005. He claims ongoing effects and has sought assistance under the Workers’ Compensation Act.
- The WCB initially accepted responsibility for shoulder and back injuries but later deemed him recovered and fit to work (April 2005).
- Several subsequent attempts by Blanchard to reopen his claim, citing new medical evidence, were rejected between 2006 and 2021, as the evidence was deemed not new.
Legal Issues:
- Whether the Appeals Commission misapplied the Workers’ Compensation Act and WCB Policy regarding new evidence.
- Whether the Appeals Commission ignored evidence and violated natural justice principles.
- Procedural fairness and compliance with natural justice.
Court Findings:
- The court applied a reasonableness standard, concluding that the Appeals Commission acted within its discretion. It found no significant procedural unfairness or errors in interpreting the Act or WCB policies.
- The medical evidence provided by Blanchard, including a 2021 letter from Dr. Verma, did not constitute “new evidence” under WCB policy.
Outcome: The court upheld the Appeals Commission’s decision and dismissed Blanchard’s application for judicial review. Costs were awarded to the WCB. No amount was specified.