VOLUME XVI NO. II February 2010
The Court Of Appeal Discussed Serious And Wilful Misconduct And Indicated That Negligence Is Not Enough
This is an unpublished Court of Appeal case.
This is a very significant case for workers' compensation principles.
The applicant sustained industrial injuries after being crushed by a compactor. The applicant sustained these injuries because a fellow employee moved the compactor forward rather than backward. It was alleged the fellow employee was not properly trained or given an operating manual to learn how to use the compactor.
The case was settled by way of compromise and release for $60,000. However, the settlement did not include settlement of the Serious and Wilful Misconduct (S & W). Read more