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ARTICLE · 16 AUGUST 2013

Provincial Workers’ Compensation Regimes Continue to Apply to Maritime Employees - Maritime Alert

Norton Rose Fulbright Canada LLP
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The Supreme Court of Canada has recently decided that the provincial workers’ compensation regimes are constitutionally valid with respect to maritime workplace injuries and neither an injured maritime worker, nor his estate may sue an employer who is subject to the workers’ compensation regime.

CanadaTransport
John Bromley
John Bromley
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August 14, 2013 - The Supreme Court of Canada ("SCC") has decided that the provincial workers' compensation regimes are constitutionally valid with respect to maritime workplace injuries and neither an injured maritime worker, nor his estate may sue an employer who is subject to the workers' compensation regime.

As reported in our ALERT of April 5, 2012, the issue of whether provincial workers' compensation regimes apply to maritime workplace injuries was to be decided by the Supreme Court of Canada in the case known as the "RYAN'S COMMANDER".

In the "RYAN'S COMMANDER", the estates of the two Ryan brothers commenced action against the designer and builder of the "RYAN'S COMMANDER", as well as the Attorney General of Canada, alleging negligence in the inspection of the vessel by Transport Canada after the vessel and the Ryan brothers were lost at sea while fishing. The Newfoundland Workplace Health, Safety and Compensation Commission determined that the

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