Highlights of Noteworthy Decisions

Decision 645 11 R
S. Martel
  • Procedure (stay pending other proceedings)
  • Reconsideration (clarification of decision)

Decision No. 645/11 granted the worker further LOE benefits after July 2004. In implementing the decision, the Board paid full LOE benefits until October 2006 and then partial LOE benefits until the worker reached age 65 in 2012. The worker brought an application in the courts for a writ of mandamus to compel the Board to implement Decision No. 645/11 fully by granting her full LOE benefits to age 65.

The Board brought this application to the Tribunal for clarification of Decision No. 645/11.
An issue arose as to whether the application for clarification should proceed or whether the Tribunal should wait until resolution of the worker's court application. The Vice-Chair found that the Board's application for clarification should proceed without waiting for resolution of the court proceeding. This will be the quickest and most efficient way of resolving the apparent dispute as to the intent of Decision No. 645/11 regarding ongoing LOE benefits. The Tribunal is in the best position to understand the nature of the dispute and to provide clarification based on its governing statute, jurisprudence and past practice. There is a need for the clarification, and a clarification may avoid unnecessary litigation.
The Vice-Chair clarified Decision No. 645/11 by stating that the decision granted further LOE benefits to the worker, with the nature of duration of those benefits to be determined by the Board. The decision did not grant full LOE benefits to age 65. The worker has the usual rights of appeal regarding the determination of the Board on implementation of the decision.