Benefits restored to Yukon man cleared of fraud charge
Worker Compensation Board accused man of lying about injuries, pulled his benefits
Posted: Jan 3, 2013 11:56 AM CST
Last Updated: Jan 3, 2013 1:28 PM CST
An appeal tribunal in Yukon is standing behind an injured worker accused of fraud.
In a ruling released this week, the tribunal has ordered the Yukon Workers’ Compensation Health and Safety Board to restore benefits retroactively to a former hunting guide injured on the job.
The man in question was kicked by a horse in 1995. He was later deemed eligible for compensation and promised monthly cheques until he was 65 years old.
But three years ago, investigators for the Workers’ Compensation Board found the man was operating a small farm in a remote part of Alberta. Videotapes showed the man riding horses and doing farm chores.
The board accused him of fraud and pulled his benefits.
On appeal, the Yukon tribunal dismissed the investigators’ report as unproven conjecture.
The Board however demanded a further review of the case. And after conducting that review this fall, the appeal tribunal concluded it was correct all along.
Ed Sumner, the chair of the appeals board, said that while the wrangler may now be fit for work, he fulfilled all his legal obligations to the board. Sumner said that if the board suspected otherwise, it should have ordered a doctor’s exam instead of sending an investigator to make its case.
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