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WORKERS’ COMPENSATION - Appeals and judicial review - Limitation periods

Friday, October 23, 2020 @ 6:17 AM  


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Appeal by Blomer from a decision that dismissed her application to convert her amended amended statement of claim to an originating application for judicial review of two decisions of the Appeals Commission of the Workers’ Compensation Board. In May 2014, the Appeals Commission concluded the appellant’s entitlement to temporary total benefits arising from a workplace injury terminated in 2011. It refused to reconsider its decision in March 2015. The appellant did not seek judicial review of either decision. In October 2014, the appellant filed a statement of claim against the Workers’ Compensation Board and the Appeals Commission that sought to appeal the May 2014 decision. She amended her claim in 2017 to include an appeal of the March 2015 decision. In December 2017, the appellant filed an amended amended statement of claim that deleted all references to the Appeals Commission’s decisions. She claimed compensation for her work injury and temporary total disability benefits beyond 2011.

HELD: Appeal dismissed. The Court of Queen’s Bench had no authority to cure the appellant’s fatal procedural missteps. Rule 1.5 of the Alberta Rules of Court did not allow the Court of Queen’s Bench to relieve the appellant of the obligation set out in section 13.4 of the Workers’ Compensation Act to seek judicial review within six months of the date of the decision sought to be reviewed.

Blomer v. Workers Compensation Board, [2020] A.J. No. 977, Alberta Court of Appeal, T.W. Wakeling, M.G. Crighton and J. Antonio JJ.A., September 18, 2020. Digest No. TLD-October192020010