PM40065782
Emplo
y
ment Law Today
Canad ad a ian
www.employmentlawtoday.com
September 12, 2018
Worker gives low eff ort in assessment, but full
eff ort in appeal of benefi ts discontinuation
Worker loses workers' compensation benefi ts for lack of eff ort in functional
assessment, gets another hearing due to tribunal's error evaluating her case
BY JEFFREY R. SMITH
A NEW BRUNSWICK worker who lost
her workers' compensation benefi ts be-
cause of a perceived lack of eff ort in func-
tional ability testing has won her appeal to
get a reconsideration of her case due to a
lack of consideration of all the evidence.
Elizabeth Paul worked as a cleaner at a
hotel in Woodstock, N.B. On Dec. 29, 2011,
Paul was moving a laundry cart on the stairs
between fl oors at the hotel when she slipped
and fell down the stairs. She injured her left
shoulder, left arm, buttocks, and tailbone.
Following the accident, Paul's doctor diag-
nosed a contusion on her tailbone.
Over the next two months, Paul had diffi -
culty sitting and standing due to her injuries.
She saw another doctor and a physical medi-
cine specialist who determined her lumbar
fl exion was only 25 per cent.
Paul continued to experience ongoing
back pain, chronic pain, anxiety, and depres-
sion. In May 2012 a medical report stated she
had a "sleep disorder which was aggravating
her chronic pain syndrome" and she needed
"a full evaluation with psychology, occupa-
Fired w orker's attempt to toss out
termination clause foiled
Termination clause met statutory notice requirements with broad
wording that indicated intention to include what was legally required
BY JEFFREY R. SMITH
A FIRED Ontario worker's claim that the
termination clause in her employment con-
tract was not enforceable for failing to meet
statutory minimum requirements and be-
ing unconscionable has been dismissed by
the Ontario Superior Court of Justice.
Althea Burton joined Toronto law fi rm
Aronovitch McCauley Rollo LLP (AMR)
on March 3, 2003, as a legal assistant. After
she completed a probationary period, Bur-
ton was enrolled in a group benefi t program
provided by a third-party insurer that was
completely funded by AMR.
Burton's employment contract included a
termination clause that allowed the fi rm to
terminate her employment without cause by
providing her with "severance pay in accor-
dance with the Employment Standards Act,
as amended, and any successor legislation, if
Anger and insubordination enough
to fi re truck driver pg. 3
Driver didn't like reassignment to truck
he thought was dirty and required time
to charge up, but employer had the right
Angry worker's fi ring
overturned, but he doesn't
get his job back pg. 4
City worker acted aggressively
in front of customer, co-workers
REQUIREMENT on page 6 »
TRIBUNAL
on page 7 »
CREDIT:
SVETLANA
LUKIENKO/SHUTTERSTOCK
with Brian Johnston
Ask the Expert pg. 2
Dismissing employee who
recently made complaint
