The appellant appealed the dismissal of her claim for statutory accident benefits by the Licence Appeal Tribunal.
The Divisional Court allowed the appeal, finding that the adjudicator erred by excluding opinion evidence from the appellant's treating family physician and by failing to properly assess the issue of causation.
The court held that the adjudicator's erroneous evidentiary ruling infected the fact-finding process and that the failure to state the proper test for causation rendered the reasons insufficient.
The decisions below were set aside and the matter was remitted to the LAT for a new hearing before a different adjudicator.
