John Watson

The applicant sought a medical benefit of $1,914.86 for occupational therapy to treat concussion symptoms following a motor vehicle accident.

The respondent denied the treatment plan, arguing the concussion was caused by a subsequent workplace injury.

The Tribunal found that the medical records did not support a concussion diagnosis following the accident, but rather following a blow to the head at work two months later.

The application was dismissed as the treatment plan was not reasonable and necessary for accident-related impairments.

The respondent's request for costs due to late filing was also denied.

The applicant alleged that the union breached its duty of fair representation under section 74 of the Labour Relations Act by acting in bad faith and arbitrarily when it clarified the terms of a memorandum of settlement following a plant closure.

The settlement provided options for laid-off employees, including severance or filling vacancies created by attrition.

The applicant argued he should have been allowed to bump into the hospital bargaining unit based on seniority.

The Board dismissed the application, finding no evidence that the union misled its members or acted arbitrarily, discriminatorily, or in bad faith in interpreting the settlement or refusing to file a grievance.