The applicant sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision denying him loss of earnings benefits.
The Tribunal had found that the applicant's inability to work was due to his personality rather than his compensable chronic pain disorder, basing this on negative credibility findings.
The Divisional Court held that the Tribunal's decision was unreasonable because it substituted its own opinion for uncontroverted medical evidence and failed to account for the Board's own policy describing the symptoms of the applicant's condition.
The application for judicial review was allowed and the matter remitted for a new hearing.
