- Reconsideration (new evidence) (subsequent Board decision)
- Reconsideration (subsequent Board decision)
The worker sought reconsideration of Decision No. 697/19, which determined that the worker was not entitled to s. 147(4) supplementary benefits because he had exceeded his pre-accident earnings and had not sustained a wage loss. After the release of Decision No. 697/19, the Board determined that the worker was an apprentice at the time of the accident, adjusted his earnings basis, and awarded him s. 147 benefits. However, the Board denied reimbursement for the worker's purchase of a business as a self-directed vocational rehabilitation program.
The request for reconsideration was denied. In order for the threshold test for reconsideration to be met, there must be a significant defect in the decision or significant new evidence that was not available at the original hearing. No new evidence had been discovered that was not available at the original hearing. The Board had provided new adjudication on a new issue that was not before the vice-chair in the original hearing. The appropriate forum to determine whether the change in earnings basis altered the worker's entitlement was the Board. A reconsideration decision could fetter the Board's discretion in determining an appeal of the claims adjudicator's decision.