The applicant employer sought judicial review of a Workplace Safety and Insurance Appeals Tribunal decision granting a worker loss of earning benefits.
The Tribunal found the worker was involuntarily terminated and no suitable modified work was available.
The Divisional Court quashed the decision, finding it unreasonable because the Tribunal ignored uncontradicted evidence that the worker accepted a voluntary severance package while suitable modified work was available.
The court declared the worker was not entitled to benefits beyond his surgery recovery period.
