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Labour and employment law
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Rights of action
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Are benefit payments received by a plaintiff from the Alberta Worker's Compensation Board considered payments that he or she has received for income loss or loss of income earning capacity under the laws of any jurisdiction such that the damages to which he or she is entitled for income loss and loss of earning capacity would be reduced by the amount received pursuant to s. 267.8(1) of the Ontario Insurance Act? If not, how does the fact that the plaintiff elected to accept Worker's Compensation Board Benefits instead of statutory accident benefits impact on the deductibility issue?
Are parts of an action, which arose from a workplace assault, barred under the Workers Compensation Act?
Are the Defendant and an Alberta Company, as Alberta residents, entitled to rely on the section 10 immunity contained in the Workers Compensation Act?
Can a worker who is assaulted by another worker maintain an action against the worker and employer?
Can an employee of a store in a mall be considered to be “in the course of employment” and thus covered under the Workplace Safety and Insurance Act, 1997 when walking to their vehicle which is parked in an employer designated parking area?
Can an employee who was involved in an altercation at work and suffered injuries claim compensation under the Workers' Compensation Act? Can he bring an action in court for damages related to the assault?
Can the estate of a worker who died on the job recover damages against the employer for mental suffering?
Does s. 27 of the Workplace Safety and Insurance Act, 1997 extinguish the rights of action of Family Law Act plaintiffs who are not dependents of the worker?
Does s. 28 of the Workplace Safety and Insurance Act, 1997 preclude a deceased worker's estate from recovering damages for mental suffering?
Does section 10 of the Workers Compensation Act preclude a deceased worker's estate from recovering damages against an employer for mental suffering?
Is an election to receive Government Employees Compensation Act benefits fatal to a civil action for damages?
Is an employee barred from suing his or her employer for a psychological or mental injury sustained in the course of employment?
Is horseplay a sufficient deviation from employment-related activities to remove coverage under Part 1 of the Workers Compensation Act?
Under what conditions can a third party sue for a motor vehicle accident injury that was sustained on a Company A's property, instead of relying on WCB benefits?
Under what conditions can a third party sue for a motor vehicle accident injury that was sustained on a Company A's property, instead of relying on Workers Compensation Act benefits?
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