Highlights of Noteworthy Decisions

Decision 148 15
R. McCutcheon
  • Accident (occurrence)
  • Investigation by Tribunal (whether required)

The worker appealed a decision of the Appeals Resolution Officer denying entitlement for a low back and hip injury.

After the worker's evidence was complete, the employer requested that the Tribunal undertake post-hearing investigation to attempt to obtain clinical notes from the worker's doctor and physiotherapy clinic. The Vice-Chair denied the request, noting that the records were over 10 years old (which was beyond standard retention schedules), that the worker had already made unsuccessful attempts to obtain the notes, that the parties (who were both represented by experienced counsel) had ample time to identify missing records well in advance of the hearing and that the parties were aware of the nature of the evidence and issue in this case prior to the hearing.
On the evidence, the Vice-Chair found that the worker suffered the accident as claimed. The appeal was allowed.