Whether Thomas Flueck was entitled to retroactive Level 3 Personal Care Allowance (PCA) benefits for 1983–1985 and 1988–2002.
The standard of review for the Appeals Commission’s decision—correctness vs. reasonableness.
Whether WCB Policy 04-07 applied retroactively.
Facts & Court’s Analysis
Mr. Flueck suffered severe workplace injuries in 1983.
In 2017, his representative applied for PCA benefits.
WCB denied benefits for pre-2002, citing previous policies.
The Appeals Commission granted benefits retroactively in 2022, applying the current Policy 04-07.
Court Ruling: Policy interpretation is a question of law, requiring a correctness standard. The Court upheld the Commission’s decision, affirming that Policy 04-07 applies to all decisions post-2013, unless explicitly restricted.
Decision
WCB’s appeal dismissed.
Retroactive PCA benefits confirmed.
Emphasized broad, worker-friendly interpretation of compensation laws.
The total monetary award is not explicitly stated in the judgment.
