Decision A-0241.94

Case Number Claimant Judge Language Decision date
Decision A-0241.94 Rutherford Wayne  Federal  English 1995-03-01
Decision Appealed Appellant Corresponding Case
Dismissed Unanimous  No Commission  24266 

Issue: Sub-Issue 1: Sub-Issue 2: Sub-Issue 3:
earnings  workers' compensation payments 


It appears to me that the Board and the Umpire understood the adjective "permanent" to modify the word "settlement" which immediately follows it and not the word "injury" which nowhere appears in the expression. I believe this is the correct interpretation. Under s.83 of the Alberta Workers' Compensation Act, claimant was paid as "Alternate Program Funding" the equivalent cost of a 6-month training-on-the-job program to which he was entitled as part of the rehabilitation program, his rehabilitation to be deemed thereby complete and final. There is no definition in the Act or the Regulations of the expression "permanent settlement workers' compensation payment". It is necessary to look at the payment in question made pursuant to provincial legislation and attempt to characterize it in terms of the language of the UI Act. Having regard to the terms of the release, that the WCB would not entertain any further assistance under s. 83 of the Alberta WC Act and that claimant's rehabilitation shall be deemed complete and final, it is difficult to avoid the conclusion that this was paid by way of a permanent settlement.

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