The applicants sought judicial review of a Workplace Safety and Insurance Appeals Tribunal (WSIAT) decision that barred their civil action for personal injuries sustained in a bridge collapse.
The WSIAT had determined that the injured applicant was a 'worker' rather than an 'executive officer' of his company, thereby precluding the lawsuit under the historic trade-off of the workplace insurance scheme.
The Divisional Court applied a reasonableness standard of review and found that the WSIAT did not err in its treatment of the evidence, its allocation of the burden of proof, or its ultimate conclusion.
The application for judicial review was dismissed.
