The worker's estate appealed a WSIB adjudicator's decision denying initial entitlement for a fatal accident.
The worker, who co-owned a construction company in a partnership with his wife, was fatally injured while felling a tree on a property they had purchased.
The WSIB initially ruled the worker was performing a personal task.
The Appeals Resolution Officer found that the property was purchased as a business endeavor to develop townhomes, and the tree clearing was part of that business purpose.
Applying the five-point check system and the statutory presumption under s. 13(2) of the WSIA, the Officer concluded the worker was in the course of his employment at the time of his death.
The appeal was allowed and initial entitlement granted.
