The Workplace Safety and Insurance Appeals Tribunal decided that employer contributions to an injured worker's health, welfare, and pension benefit plan were not 'earnings' under the Workplace Safety and Insurance Act, 1997.
The Divisional Court quashed this decision, finding it patently unreasonable because the Tribunal failed to consider the legislative history of the definition of earnings.
The Court of Appeal allowed the Tribunal's appeal, holding that the Tribunal was bound to apply the Board's operational policy, which did not include such contributions as earnings.
The Tribunal's decision was rational and entitled to deference, and the failure to consider legislative history did not constitute a reviewable legal error.
