Law360 Canada ( October 11, 2023, 6:13 AM EDT) -- Appeal by Bushey from Workers’ Compensation Appeals Tribunal decision on grounds that at least a portion of his Canada Pension Plan (“CPP”) Disability benefits was related to long-term conditions that predated his injury by many years. Bushey faced the dual challenges of deafness and left-eye blindness all his life. Despite this, he had a productive working life as a full-time employee until a workplace accident caused injuries to his left shoulder and neck. His claim for benefits was accepted. Unfortunately, efforts at rehabilitation and a return to work proved unsuccessful, and Bushey qualified for long-term disability benefits under the Workers’ Compensation Act. Bushey applied for CPP Disability benefits. His claim was denied. His requested reconsideration was also unsuccessful. Eventually, Bushey was approved for CPP Disability benefits. He qualified for a monthly benefit and a retroactive payment. Bushey was advised of the potential impact on his workers’ compensation benefits of receiving CPP Disability benefits. Bushey, with the assistance of his family and the Workplace Health, Safety and Compensation Commission (“Commission”), attempted to secure detailed information from Employment and Social Development Canada explaining the rationale for the approval. The Commission determined the noted conditions were fully related to Bushey’s workplace injury. That determination meant that 100 per cent of Bushey’s retroactive and ongoing CPP Disability benefits would be deducted from his workers’ compensation benefits. Bushey argued the compensation for depression and anxiety was at least in part tied to his deafness and blindness, both of which had nothing to do with his workplace injury and therefore the deduction should not be 100 per cent....