Splitting the Case
Splitting the Case When reviewing issues of multiple proceedings through different forums, a further issue to be considered is the prohibition against “case splitting”. Presuming that the employee argues that…
Factual Estoppel
Factual Estoppel Should the WC tribunal make findings of fact, the question of factual estoppel will arise. This is independent of the human rights statute and will rest on common…
Workers’ Comp – Human Rights – Issue Estoppel – Same Question?
Workers' Comp - Human Rights - Issue Estoppel - Same Question? Same Question The three elements of a successful issue estoppel test are as follows: (1) that the same question…
Return to Work Issues: Workers’ Comp vs Human Rights
Return to Work Issues: Workers' Comp vs Human Rights The human rights statute and the workers’ compensation process may each apply concurrently to such an issue as a return to…