Welcome to Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t! This week, lawyer Kyla Lee discusses workers’ compensation.
Acumen Law Corporation lawyer Kyla Lee gives her take on a made-in-Canada court case each week and discusses why these cases should have been heard by Canada’s highest court: the Supreme Court of Canada.
Jordan Arndt was injured in a workplace accident. As a result of this, he was referred to the work safe organization for his province and the matter was sent to a doctor for an assessment. Mr. Arndt was assessed by the doctor and given a negligent opinion about the status of his injuries and the extent to which he had prospects for recovery. As a result of this, it impacted his claim.
Mr. Arndt tried to sue the doctor for negligence in discharging his medical duties to Mr. Arndt and the court had to determine whether or not that doctor conducted a negligent medical investigation in the circumstances.
Mr. Arndt was unsuccessful. The doctor succeeded in arguing that essentially his duty was to the workplace organization that was covering the insurance and not to Mr. Arndt personally.
This case would clarify the scope of professionals’ obligation to other individuals.
The Supreme Court of Canada missed the opportunity here to make it better for people who are injured in workplace accidents so that they can get proper medical attention and proper treatment from someone who is looking out for their best interest.
Watch the video for more.
