Review of Commission proceedings, legal precedent
34(1)Except as provided in section 42.3, the Commission has exclusive jurisdiction to examine into, hear and determine all matters and questions arising under this Part and as to any matter or thing in respect to which any power, authority or discretion is conferred upon the Commission, and the action or decision of the Commission thereon shall be final and conclusive and shall not be open to question or review in any court, and no proceedings by or before the Commission shall be restrained by injunction or other process or proceeding in any court.
34(2)Without thereby limiting the generality of the provisions of subsection (1), such exclusive jurisdiction extends to determining:
(a)
the existence of, and degree of, disability by reason of any injury;
(b)
the permanence of disability by reason of any injury;
(c)
the amount of average earnings, average net earnings, loss of earnings, net family income and an amount for a permanent physical impairment arising out of an injury;
(d)
the degree of diminution of earning capacity by reason of any injury;
(e)
the existence of the relationship of “member of the family”;
(f)
the existence of dependency;
(g)
the character, for the purposes of this Act, of any industry, and the class to which such industry should be assigned;
(h)
whether the employment of a person in an industry within the scope of this Part is that of a worker, a sub-contractor or an independent contractor;
(h.1)
whether an employer has fulfilled its obligations to a worker under section 42.4;
(i)
whether personal injury or death has been caused by accident;
(j)
whether an accident arose out of and in the course of an employment within the scope of this Act.
34(2.1)Without limiting the generality of subsection (1), the Commission has exclusive jurisdiction to establish policies consistent with this Act, the
Workplace Health, Safety and Compensation Commission and Workers’ Compensation Appeals Tribunal Act, the
Firefighters’ Compensation Act and the
Occupational Health and Safety Act for the purpose of determining entitlement to benefits under those Acts.
34(3)Repealed: 1997, c.52, s.3
34(4)The decisions of the Commission shall be upon the real merits of the case, and it is not bound to follow strict legal precedent.
34(5)Repealed: 1975, c.92, s.2
34(6)Repealed: 1975, c.92, s.2
34(7)Repealed: 1975, c.92, s.2 R.S., c.255, s.32; 1975, c.92, s.2; 1981, c.80, s.3; 1982, c.67, s.1; 1986, c.4, s.57; 1989, c.65, s.7; 1994, c.70, s.12; 1997, c.52, s.3; 2018, c.18, s.2; 2019, c.39, s.4