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Downs Construction Ltd. v. Workers Compensation Appeal Tribunal, 2012 BCCA 392  BCCA decision finding that a mental stress claim arising at work is a non-compensable WCB matter

October 2012 Carfra & Lawton, British Columbia

In summary, the Plaintiff brought a tort claim for mental stress which allegedly rendered her permanently disabled as a result of being bullied at work by a co-worker.  She sued both her employer and the co-worker.  The employer brought an application to the Workers’ Compensation Board, seeking certification that the matter arose out of and in the course of employment, and that the tort claim should be stayed.

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