Campbell v. Workers' Compensation Board (P.E.I.), (1996) 146 Nfld. & P.E.I.R. 51 (PEICA)

• Judge: Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.
• Case Date: December 02, 1996
• Jurisdiction: Prince Edward Island
• Citations: (1996), 146 Nfld. & P.E.I.R. 51 (PEICA)

Campbell v. WCB (1996), 146 Nfld. & P.E.I.R. 51 (PEICA);

    456 A.P.R. 51

MLB headnote and full text

George Campbell (appellant) v. The Workers' Compensation Board of Prince Edward Island (respondent)

(AD-0675)

Indexed As: Campbell v. Workers' Compensation Board (P.E.I.)

Prince Edward Island Supreme Court

Appeal Division

Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A.

December 2, 1996.

Summary:

In Blue v. Workers' Compensation Board, the Prince Edward Island Court of Appeal issued a decision concerning the method of calculating workers' compensation benefits. The Workers' Compensation Board gave the decision retrospective application and reduced an award made to Campbell prior to the decision. Campbell appealed on the ground that the decision should not have been applied retrospectively. Campbell submitted that it was unfair to vary an award when he had arranged his affairs on the basis that he would receive the amount originally awarded.

The Prince Edward Island Court of Appeal adjourned the matter so counsel could pre­pare for a supplementary hearing.

Courts - Topic 11

Stare decisis - Authority of judicial deci­sions - General principles - Application of judgments - Prospective or retrospective - Blue had an annual salary of $29,000 - In 1991, Blue applied for workers' compensa­tion - In 1995, the Prince Edward Island Court of Appeal held that Blue was entitled to 75% of the lesser of his deemed earnings of $25,000 or his actual earnings ($29,000) - The court did so notwith­stand­ing that Blue earned more than $25,000 and the ceiling ($25,000) had since been increased - In 1996, the Workers' Com­pensation Board gave the Court of Appeal's decision retrospective application and decreased an award made to Campbell in 1993 - Campbell appealed claiming that the decision was not retro­spective - The Prince Edward Island Court of Appeal adjourned the matter so that a supplemen­tary hearing could be held to allow counsel to make additional sub­missions.

Workers' Compensation - Topic 5623

Compensation - Measure of - Method of calculation - [See Courts - Topic 11 ].

Cases Noticed:

Blue v. Workers' Compensation Board (P.E.I.) (1995), 129 Nfld. & P.E.I.R. 86; 402 A.P.R. 86 (P.E.I.C.A.), consd. [para. 1].

Statutes Noticed:

Workers' Compensation Act, R.S.P.E.I. 1988, c. W-7, sect. 50(1) [para. 4].

Workers Compensation Act, R.S.P.E.I. 1988, c. W-7.1, sect. 56 [para. 4].

Counsel:

Robert A. McConnell, for the appellant;

J. Scott MacKenzie, for the respondent.

This appeal was heard on September 13, 1996, at Charlottetown, Prince Edward Island, before Carruthers, C.J.P.E.I., Mitchell and McQuaid, JJ.A., of the Prince Edward Island Court of Appeal.

On December 2, 1996, Mitchell, J.A., delivered the following judgment for the Court of Appeal.