Highlights of Noteworthy Decisions

Decision 593 23 I
L. Petrykowski - D. Thomson - M. Ferrari
  • Death (maintenance of claim by estate)
  • Parties (representation) (addition of representative)
  • Procedure (interim decision)

The issue to be decided in this interim decision was whether the worker's widow, the applicant in the proceeding, may represent the worker's estate in the appeal.

The Panel found that the worker's widow was not permitted at this time to represent the worker's estate in the appeal. It was determined there had been insufficient investigation and corroboration regarding who the other beneficiaries could be in the worker's estate. It was noted that these individuals should be notified and invited to provide their position as to whether they consent, preferably in writing. The Panel referenced the Tribunal's Practice Direction entitled "Appeals Involving Deceased Workers", which provides direction about appeal-related circumstances when an injured worker passes away without a will.
The Panel requested that the Tribunal Counsel Office use its best reasonable efforts to make further inquiries about other potential beneficiaries who had not been contacted in accordance with section 4.6 of the Practice Direction. It was noted that the documentation retained may be relevant to future preliminary determinations in this matter. In addition, the results of the investigation would be further assessed by the Tribunal in another pre-hearing conference.