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WORKERS’ COMPENSATION - Appeals and judicial review - Natural justice - Procedural fairness - Boards and tribunals - Evidence - Disclosure and production

Wednesday, December 27, 2017 @ 8:17 AM  

Appeal by Baker from a ruling of the Workers’ Compensation Appeals Tribunal (Tribunal) regarding the Tribunal’s test for pre-hearing disclosure to the employer of the documents possessed by the Workers' Compensation Board (Board). The Tribunal determined that all documents possessed by the Board should be disclosed to the employer, regardless of relevance. At the time of the decision, the Tribunal’s Practice Manual provided that the employer should receive only the documents that were relevant to the issues. The Tribunal declined to follow its Manual on the...