WORKERS’ COMPENSATION - Benefits - Measure of compensation - Method of calculation - Compensability of injuries

Law360 Canada ( June 17, 2026, 9:36 AM EDT) -- Appeal by Thomas from a decision of the Workers’ Compensation Appeals Tribunal (Tribunal) dismissing his appeal of a determination by WorkSafeNB concerning the calculation of his loss‑of‑earnings benefits. Thomas worked as a paramedic for Ambulance New Brunswick and later developed Post‑Traumatic Stress Disorder (PTSD) arising from cumulative workplace trauma. He was suspended in July 2014 following drug‑related criminal charges and was later dismissed after pleading guilty and serving a term of imprisonment. After his release, he worked in a call centre until May 2018. Following a psychological assessment by Hobson diagnosing chronic PTSD related to his paramedic work, the Commission accepted his claim and determined that his compensable disability began in July 2018. It calculated his loss‑of‑earnings benefits using his 2017 and 2018 earnings. Thomas appealed, arguing that his PTSD symptoms and resulting disablement began in 2014 and that his benefits should therefore be calculated using his 2014 paramedic earnings. The Tribunal dismissed the appeal, concluding there was no evidence of work‑related disablement prior to 2018 and that the earnings selected by the Commission best represented his loss. On appeal, Thomas argued that the Tribunal erred in law by misapplying s. 38.1(1) of the Workers’ Compensation Act (Act), failed to consider relevant medical evidence indicating earlier disablement, conflated diagnosis with disablement, ignored contemporaneous clinical evidence, and failed to account for material facts. He also alleged misrepresentation by his Workers’ Advocate and discrimination related to his mental illness....
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