The applicant, a former registered practical nurse, sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying her benefits for interstitial lung disease.
She claimed the illness was caused by workplace exposure to viruses.
The Tribunal, relying on an independent medical assessor, found it probable that the disease was idiopathic and only speculative that it was caused by workplace viruses.
The Divisional Court applied the reasonableness standard of review and dismissed the application, finding the Tribunal's reliance on the medical assessor was reasonable and did not constitute an abdication of its decision-making power.
