Highlights of Noteworthy Decisions

Decision 3286 17
L. Gehrke
  • Notice of accident (just claim)

The worker appealed a decision of the Appeals Resolution Officer denying an extension of the time to file a claim.

The wanted to file the claim in November 2015, for a right hip injury suffered in April 2014.
The Vice-Chair referred to factors considered by the Ontario Court of Appeal in Cunningham v. Huthcings and Laski v. Laski, as well as factor listed in Board policy.
The Vice-Chair noted that there was some evidence of intent to file the claim within the time limit, the diagnosis of the worker's condition was unclear when the time limit expired, the delay of about one year was not so great that the claim could not be adjudicated on the merits, the issue was related to another claim the worker had for a right thigh injury in June 2014, the employer would not be prejudiced and there was an arguable case.
Taking a holistic view, the justice of the case required that the worker be allowed to file the claim. The appeal was allowed.