The BC Court of Appeal has upheld a WCB ruling that employees traveling home after completing out of town work are not in the course of their employment. In Greyhound Canada Transportation Corp. v. Brzozowski, the Workers’ Compensation Board had decided that fishermen returning from work on a vessel out of Prince Rupert through to their homes in Victoria by regularly scheduled bus were not in the course of their employment. They therefore were not barred by s. 10 of the Workers’ Compensation Act from bringing an action for personal injuries. The bus company applied for judicial review on the ground that the decision of the Board was patently unreasonable. The petition was dismissed by a Supreme Court judge in Chambers. Held: On further appeal the decision of the Board was not patently unreasonable and the appeal was dismissed. This decision also means that claims for workers compensation cannot be made for injuries sustained while traveling home in similar circumstances.
(Click here for copy of Decision)