The applicant sought judicial review of a decision by the Workplace Safety and Insurance Appeals Tribunal denying benefits for a shoulder injury.
The applicant had previously received benefits for an elbow injury caused by repetitive stress at work.
The Tribunal concluded that the shoulder injury arose after the elbow injury and was not caused by it, nor by a workplace accident.
The Divisional Court dismissed the application, finding no error of law or palpable and overriding error of fact in the Tribunal's assessment of the medical evidence and application of the statutory presumption of causation.
