Re Butler Trucking Co. et al. and Brydges et al.
Workers' Comp: Family Wrongful Death Claim Jurisdiction
Summary
This is a judicial review concerning the exclusive jurisdiction of the Workers' Compensation Board under the Workers' Compensation Act. The case addresses whether a family's wrongful death claim under the Family Law Reform Act is precluded when the deceased worker's rights under the Workers' Compensation Act are extinguished, and whether the Board erred in law by failing to reconcile the Workers' Compensation Act with the Family Law Reform Act.
Outcome
Judicial review granted; error in Board's application of statutes found
Key Factors
- Workers' compensation
- Exclusive jurisdiction
- Wrongful death
- Family Law Reform Act
- Judicial review
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