An injured worker in Nova Scotia has been granted an extension of time to appeal a March 2021 decision by a Case Manager by the province’s Workers’ Compensation Appeals Tribunal.
The worker, who sustained a neck and shoulder injury in March 2015, had previously been awarded a minor impairment rating for chronic pain. However, the 2021 decision by a Case Manager denied her extended earnings replacement benefits (EERB).
This decision was initially unchallenged within the standard 30-day appeal period due to the worker’s and her children’s health issues.
During a hearing in Halifax on Dec. 5, 2023, the worker, supported by a Workers’ Representative, presented a hand-written document prepared by her mother. This document detailed a series of significant health problems, both physical and psychological, experienced by her and her children.
The worker described being overwhelmed and unable to cope with launching an appeal, exacerbated by her struggles with depression and anxiety.
The Tribunal’s decision to allow the appeal was influenced by several factors. These included the worker’s intention to appeal, as evidenced by her previous timely appeals and her interactions with the Workers’ Advisers Program. Also considered were the minimal financial prejudice to the employer and the limited impact on the Board’s adjudicative process. The Tribunal acknowledged the worker’s mental state as a significant barrier to appealing in a timely manner.
Citing Sections 186 and 187 of the Workers’ Compensation Act, which emphasize real merits, justice of the case, and the benefit of the doubt, the Tribunal found it reasonable to grant the extension. The decision was also guided by past Tribunal decisions and Nova Scotia Court of Appeal rulings, which outline the discretionary nature of time limit extensions and the need to evaluate the unique circumstances of each case.
In conclusion, the Tribunal, acknowledging the worker’s health challenges and the impact on her mental capacity to initiate an appeal, allowed the extension of time to appeal the March 11, 2021 Case Manager decision to the Hearing Officer-level on the merits.
For more information, see 2023-398-AD (Re), 2023 CanLII 123289 (NS WCAT).
