Law360 Canada (April 11, 2024, 2:04 PM EDT) -- Appeal by appellant from a decision of the Appeals Tribunal which affirmed a decision from the Workplace Health, Safety and Compensation Commission (Commission) dismissing his claim for workers' compensation benefits. The appellant sought workers' compensation benefits from the Commission for an eye injury. Dr. Gupta produced a medical report in which he diagnosed the appellant with a cone-rod retinal dystrophy and a progressive bilateral retinal degeneration leading to vision loss. Among the medical evidence collected by the Commission concerning the appellant were electrodiagnostic evaluation reports which revealed that the appellant had a history of increasing photophobia and a decreased photopic vision. In his report to the Commission, Dr. Cormier, who had examined the appellant in the past, expressed the opinion that the appellant’s vision loss was not the result of an injury. The Commission concluded that the appellant’s condition was not work-related and denied his claim for compensation.The Decision Review Office upheld the denial. The Appeals Tribunal dismissed the appellant’s appeal. In its reasons, the Appeals Tribunal stated that it was not qualified to interpret the medical literature on record. It also found that the appellant’s vision became blurred in the course of his employment and stated that it was possible to conclude that the appellant’s injury had occurred in the course of his employment. However, Dr. Cormier’s evidence clearly and unequivocally established that the applicant's vision loss was not due to an injury....