Ken Peacocke

The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal that reduced his temporary partial disability benefits.

The Tribunal had applied a policy requiring partially disabled workers to engage in a self-directed vocational rehabilitation program to demonstrate reasonable efforts to return to work.

The Divisional Court applied the reasonableness standard of review and held that the Tribunal did not exceed its jurisdiction in interpreting the legislation.

The court found the Tribunal's decision to reduce benefits due to inadequate effort to seek employment was reasonable and dismissed the application.

The applicants sought judicial review of a decision by the Ontario Workplace Safety and Insurance Tribunal regarding permanent disability entitlements under the Workers' Compensation Act.

The applicants argued that the Tribunal erred in capping the maximum permanent disability supplement at the amount of a full old age security pension under section 147(8), asserting that the calculation formulas in sections 147(9) and (10) should prevail.

The Divisional Court applied a reasonableness standard of review and dismissed the application, finding that the Tribunal's interpretation accorded with the plain language of the statute and gave meaning to all provisions.