The applicant employer sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision granting benefits to a worker who sustained paraplegia in a motor vehicle accident while driving a company truck.
The worker was driving home from work with coworkers and was found to be impaired by alcohol.
The Divisional Court dismissed the application, finding the Tribunal reasonably concluded the worker was in the course of employment and that, despite his serious and wilful misconduct in driving impaired, he was entitled to benefits under s. 17 of the Workplace Safety and Insurance Act because his injuries resulted in a serious impairment.
