Claim of Findling v. Community General Hospital
Claimant sustained a work-related injury in July 1995 and subsequently experienced intermittent lost time from work. In April 1998, claimant was awarded eight weeks of intermittent lost time, but sought review from the Workers’ Compensation Board, submitting a spreadsheet that indicated 13 weeks of lost time. The Board declined to consider the merits of her application, categorizing the spreadsheet as new evidence and citing claimant's failure to explain its prior non-submission. On appeal, the Court found that the Board erred in deeming the spreadsheet new evidence, a point the employer conceded. This error precluded the Board from fulfilling its fact-finding role and deprived the claimant of a review on the merits. Consequently, the decision was reversed, and the case remitted to the Board for further proceedings consistent with the Court's decision.