Workers’ Compensation is a government-run, mandatory
no-fault insurance program that provides compensation to injured
workers without regard to fault or the employer’s ability to
pay. As such, employers should feel safe knowing any dispute
arising from worker’s compensation issues will be dealt with
by the Worker’s Compensation Board (“WCB”) rather
than the courts. Notwithstanding this, employers will occasionally
find themselves involved in a civil action that bases its claim on
issues normally within the jurisdiction of the WCB.
A recent Alberta Court of Queen’s Bench decision,
Arndt v. Scandinavian Cultural Society of Calgary
(“Arndt”), is an example of
such a case. In Arndt, the Plaintiff worked as a caretaker for the
defendant employer. Before getting hired, the Plaintiff was
recuperating from an injury but expected to be able to perform his
caretaker duties despite his injury. The caretaker position ended
up being more than the Plaintiff expected in terms of
