The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision that calculated his partial loss of earnings benefits based on an ability to earn minimum wage.
The applicant argued he was entitled to full benefits because he did not complete his labour market re-entry plan, having voluntarily withdrawn to take a temporary job.
The Divisional Court dismissed the application, finding the Tribunal's interpretation of section 43(4) of the Workplace Safety and Insurance Act, 1997 to be reasonable and entitled to deference.
