Lyne v. Workers' Compensation Board (Sask.), (1997) 155 Sask.R. 309 (QB)

• Judge: Geatros, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 26, 1997
• Jurisdiction: Saskatchewan
• Citations: (1997), 155 Sask.R. 309 (QB)

Lyne v. WCB (1997), 155 Sask.R. 309 (QB)

MLB headnote and full text

Temp. Cite: [1997] Sask.R. TBEd. JN.027

Calvin Lyne (applicant) v. The Workers' Compensation Board (respondent)

(1997 Q.B.G. No. 1019)

Indexed As: Lyne v. Workers' Compensation Board (Sask.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Geatros, J.

May 26, 1997.

Summary:

Lyne sought mandamus to direct the Wor­kers' Compensation Board to provide for a medical review panel to examine him and to report back on its findings in accordance with s. 64 of the Workers' Compensation Act.

The Saskatchewan Court of Queen's Bench granted the application. The court ordered that the matter be returned to the Board and that it comply with s. 62 of the Act.

Workers' Compensation - Topic 1061

Boards - Jurisdiction - General - [See Workers' Compensation - Topic 6886 ].

Workers' Compensation - Topic 6886

Practice - Medical exam - Medical review panel - Establishment of - Lyne filed a claim with the Workers' Compensation Board following a physician's opinion that his chest pains were a result of noxious fumes that he was exposed to at work - The Board rejected the claim on the basis that the fumes that Lyne was exposed to did not cause his heart problem - The Board dismissed Lyne's request for a med­ical review panel - The Saskatchewan Court of Queen's Bench held that the Board exceeded its jurisdiction in declining to grant Lyne's request for a medical review panel - While the issue of the cause of the injury was one that the Board had exclusive jurisdiction to decide under s. 22(1) of the Workers' Compensation Act, the Board did not have jurisdiction to make the finding that it did because it related to a medical question outside the context of that section.

Cases Noticed:

Novak v. Workers' Compensation Board (Sask.) (1991), 89 Sask.R. 174 (Q.B.), consd. [para. 2].

Sebastian v. Workers' Compensation Board (Sask.) (1993), 112 Sask.R. 111 (Q.B.), refd to. [para. 22].

Statutes Noticed:

Workers' Compensation Act, S.S. 1979, c. W-17.1, sect. 22(1) [para. 18].

Counsel:

Kevin A. Clarke, for the applicant;

Evan L. Bennett, for the respondent.

This application was heard before Geatros, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on May 26, 1997.