The applicant municipality sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision granting loss of earnings benefits to a firefighter who was terminated for cause but subsequently diagnosed with work-related post-traumatic stress disorder.
The Tribunal applied the 'worker conduct' line of cases, finding that the worker's condition rendered him unemployable and that his loss of earnings resulted from the compensable injury rather than his termination.
The Divisional Court dismissed the application, holding that the Tribunal's interpretation of section 43 of the Workplace Safety and Insurance Act and its assessment of the medical evidence were reasonable.
