Decision Nº ReleasedDecisionsWithSummaryAdded from Workplace Safety and Insurance Appeals Tribunal of Ontario, 01-12-2014

JudgeE. J. Smith : Vice-Chair B. Wheeler : Member Representative of Employers K. Hoskin : Member Representative of Workers
Judgment Date01 December 2014
Judgement NumberReleasedDecisionsWithSummaryAdded
Hearing Date17 September 2013
IssuerWorkplace Safety and Insurance Appeals Tribunal of Ontario

--SUMMARY--

Decision No. 1748/13I

01-Dec-2014

E.Smith - B.Wheeler - K.Hoskin

  • Statutory interpretation (principles of)
  • Evidence (confidential information) (health profession proceedings)
  • Evidence (expert) (qualification)

The worker's estate appealed a decision of the Appeals Resolution Officer denying entitlement for a fatal cardiac incident.

In this decision, the Panel considered the preliminary issue of whether to qualify a doctor as an expert and to consider his report about the worker's injury.

The Panel had learned from press coverage that the doctor was the subject of disciplinary proceedings at the College of Physicians and Surgeons. The Panel obtained submissions from the Tribunal Counsel Office regarding the question of how the disciplinary proceedings relate to the qualification of the doctor as an expert.

The Tribunal has the power to determine its own practice and procedure. None the less, the Tribunal has considered principles advance in leading Court judgements when determining whether to admit expert evidence. It is important for the Tribunal to be satisfied that a doctor is properly qualified as an expert before any expert evidence from the doctor is admitted. In addition, the Tribunal must be satisfied that the doctor's evidence will be reliable. Therefore, in this case, before the doctor may be qualified as an expert,...

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