WORKERS’ COMPENSATION - Assessments - Accident - Re-employment - Functional ability assessment

Law360 Canada (April 3, 2023, 1:19 PM EDT) -- Application by Ahluwalia for judicial review of decisions by the Worker's Compensation Board of British Columbia that arose from an injury that he suffered on a job site. He argued that the Board acted unreasonably by (1) finding that working as a paralegal was a reasonable occupational goal for him and (2) terminating his job search assistance and benefits before he found such a position. The Board said that it had acted reasonably throughout, and that some of the relief that Ahluwalia appeared to be seeking was not available to him on this review. Ahluwalia's left little finger was injured by a saw while he was working as a framer in White Rock. The Board decided to apply the loss of function method and assessed his permanent partial disability pension as 7.5 per cent of total disability. Because the alternative employment of a legal administrative assistant had average earnings, his circumstances were not found to be exceptional, and the loss of earnings method could not be applied. Ahluwalia sought a review of this decision with the Board's Review Division. It was unsuccessful. He then appealed to the Worker's Compensation Appeal Tribunal (WCAT). The WCAT found that the Board had correctly assessed the degree of his functional impairment and that aspect of his appeal was denied....
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