Edward S. Kim

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argued he was entitled to full benefits because he did not complete his labour market re-entry plan, having voluntarily withdrawn to take a temporary job.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.

The applicant sought statutory accident benefits after slipping and falling in a parking lot at a recycling centre while unloading cardboard from his truck.

The insurer denied the claim on the basis that the incident did not meet the definition of an 'accident' under section 3(1) of the Statutory Accident Benefits Schedule.

The Licence Appeal Tribunal applied the purpose and causation test, finding that while unloading the truck was an ordinary use of a vehicle, the use of the vehicle was not the direct cause of the injuries.

The Tribunal concluded that slipping on a cardboard box in a slushy parking lot was an intervening act that broke the chain of causation.

The application was dismissed.