Sieben v. Workers' Compensation Board (Sask.), (1998) 166 Sask.R. 233 (QB)

• Judge: Dovell, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: May 01, 1998
• Jurisdiction: Saskatchewan
• Citations: (1998), 166 Sask.R. 233 (QB)

Sieben v. WCB (1998), 166 Sask.R. 233 (QB)

MLB headnote and full text

Temp. Cite: [1998] Sask.R. TBEd. JN.005

Leo Sieben (applicant) v. Workers' Compensation Board of Saskatchewan (respondent)

(1998 Q.B. No. 211)

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

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Dovell, J.

May 1, 1998.

Summary:

Sieben sustained workplace injuries in 1990 and 1991. His wage loss benefits were terminated by the Workers' Compensation Board (the Board). At Sieben's request, the Board appointed a medical review panel in 1994. The medical review panel concluded that Sie­ben had no permanent functional impair­ment caused by the injuries in respect of which he claimed compensation. In 1997, Sieben requested a second medical review panel based on his not being prepared to accept the findings of the 1994 medical review panel. The Board declined to appoint a new medical review panel on the ground that it was statutorily bound by the findings of the 1994 panel. Sieben applied to com­pel the Board to appoint a second medical review panel.

The Saskatchewan Court of Queen's Bench dismissed the appli­cation.

Workers' Compensation - Topic 6886

Practice - Medical exam - Medical review panel - Establishment of - Sieben sustained workplace injuries in 1990 and 1991 - His wage loss benefits were terminated by the Workers' Compensation Board (the Board) - At Sieben's request, the Board appointed a medical review panel in 1994 - The medical review panel concluded that Sie­ben had no permanent functional impair­ment caused by the injuries in respect of which he claimed compensation - In 1997, Sieben requested a second medical review panel based on his not being prepared to accept the findings of the 1994 medical review panel - The Board declined to appoint a new medical review panel on the ground that it was statutorily bound by the findings of the 1994 panel - Sieben applied to compel the Board to appoint a second medical review panel - The Saskatchewan Court of Queen's Bench dismissed the application - The Board's decision was correct and was not patently unreasonable.

Cases Noticed:

Leslie v. Workers' Compensation Board (Sask.) (1996), 149 Sask.R. 311 (Q.B.), dist. [para. 19].

Lyne v. Workers' Compensation Board (Sask.), [1997] Sask.D. 980.20.70.00.01; 155 Sask.R. 309 (Q.B.), refd to. [para. 20].

Canada (Attorney General) v. Public Ser­vice Alliance of Canada, [1993] 1 S.C.R. 941; 150 N.R. 161, refd to. [para. 26].

Counsel:

L.G. Tallis, for the applicant;

E.L. Bennett, for the respondent.

This application was heard before Dovell, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following fiat on May 1, 1998.