Kelley v. New Brunswick (Workplace Health, Safety and Compensation Commission), 2009 NBCA 30 (CanLII)
Deals with failure to retroactively apply benefits
Mr. Kelly appealed the tribunal decision to the New Brunswick Court of Appeal. In Kelly's appeal the decision the Appeals Tribunal erred in law and exceeded its jurisdiction by failing to reinstate his benefits retroactively to the date they were improperly suspended.
The tribunal decision was reversed by the New Brunswick Court of Appeal.
These decisions deal with how far back or forward a Workers Compensation tribunal decision can apply to a specific case.