The last 9 months have been exhausting both emotionally and physically. Some people have wanted to crucify me and argue that this accident was all my fault. For this reason, finding support has been fraught with great difficulty.

I feel a significant weight has been lifted off my back. My employer can still file with an independent review board but it looks like a losing battle for my employer to continue to pursue.

Not only did the review board rule I did not engage in serious and wilful misconduct they elevated the part of my testimony that involved following the direction and guidance of my supervisor in the process of what took place in the lead up to the accident.

Below is the final decision of the Review Board:

Policy item C3-14.10, Serious and Willful Misconduct, provides further guidance and outlines three steps to follow when assessing whether a worker’s actions constitute serious and willful misconduct.

First, I (the Review Officer) must determine whether the worker’s misconduct was serious and wilful. The policy explains that a worker engages in serious and wilful misconduct if the worker deliberately and intentionally violates rules, regulations, or laws known to the worker. Serious and willful misconduct is a voluntary act by a worker with reckless disregard for the worker’s own safety, and which the worker should have recognized as having the potential to result in personal injury. If the worker’s misconduct was serious and willful, the second question is whether the worker’s misconduct was the sole cause of the injury. This means that without the worker’s misconduct, the injury would not have occurred. If the worker’s injury is solely attributable to their serious and wilful misconduct, the worker is not entitled to compensation unless death or serious or permanent disablement resulted from the accident.

HAVING REVIEWED THE EVIDENCE (continues the ruling)…

I am not satisfied that it establishes that the worker was engaged in serious and willful misconduct at the time of the incident. On review, the worker denies that she deliberately and intentionally violated rules, regulations, or traffic laws during the work incident. The worker submits that although the employer is under the impression that she made an illegal U-Turn on the date of the motor vehicle accident, that is not accurate. The worker clarifies that when she first spoke to the Board on Feb 12th, she clearly reported that on Feb 4th she was driving and following behind one of her coworkers/supervisor’s work vehicles. The worker reported that she never made a U-Turn, and only stated that it was her supervisor who had made a U-turn on Feb 4th. According to the worker, when she realized that her supervisor had made an illegal U-turn, she attempted to proceed to an area where she could make a legal left turn, but while attempting to do so, she was struck by another vehicle. On review, the worker also reiterated that on Feb 4th she did not intentionally or deliberately attempt to make an illegal U-turn. According to the worker, she was following her supervisor’s lead, and she was under the impression that her supervisor was driving to make a legal left turn. However, once she realized the supervisor was making an illegal U-turn, she attempted to find a location to make a legal left turn, but she was struck by an oncoming vehicle shortly after. In this case, I accept the worker’s evidence that she never intentionally or deliberately attempted to make an illegal U-Turn while driving on Feb 4th. I find this evidence to be consistent with the evidence contemporaneous to the work incident, including her teleclaim application and her conversation with the Board office on Feb 12. In my view, the evidence does not establish that the worker intended, or even actually performed, an illegal U-turn on Feb 4th, such that her actions would amount to serious or willful misconduct. There is also no dispute that the worker sustained an adrenal hemorrhage, pneumothorax, rib fractures, and left humeral fracture injuries from the motor vehicle incident on Feb 4th. Therefore, I am satisfied that the worker sustained an adrenal hemorrhage, pneumothorax, rib fractures, and left humeral fracture injuries arising out of and in the course of her employment. As a result, I deny the employer’s request. In conclusion, as a result of this review, I, (the Review Officer) confirm the Board’s Feb 14th decision.”

When the incident happened my employer was more concerned about liability and not really ever concerned about my health and safety. The memo my employer released only speaks volumes to this.

The memo released:

“I trust this email finds you well. Unfortunately, one of our team members had a very serious motor vehicle accident, on Sunday, Feb 4, 2024, leading to hospitalization, but thankfully not in a customers work area. “Owner” visited and reports she is stable, recovering well, and maintaining good spirits. We are thankful the situation wasn’t worse for everyone. We are currently working with RCMP detectives and internal reports to understand and prevent such incidents in the future. During this time, please respect our team member’s privacy and refrain from sharing information publicly.”

Let me first say, I am deliberately not advertising what company this is. Facts are the facts. This is my experience and my interpretation of this memo and I can find 3 things to point out where my employer expresses information to shield themselves from all liability and to undermine the injuries I sustained in this accident.

1. They thought it necessary to mention the accident was not in a customer’s work area – That was a lie! Our work zone includes signage and equipment. Whether my employers Client had vacated the area or not is a moot point. So right off the hop my employer was posturing to get out of taking accountability for their role in this workplace accident.
2. The owner visited me and decided to say I was recovering well – actually I was under observation with internal bleeding which had to resolve prior to the next phase of treatment which was surgery to put my arm back together. I was also receiving medication to prevent blood clotting and wasn’t so much in good spirits as I was heavily medicated for pain relief.
3. Expressed being thankful the situation wasn’t worse for everyone – They were careful to not say that they were thankful there were no fatalities in this accident and hoping and praying for our team members speedy recovery. Downplaying the accident and the injuries I sustained every step of the way. Making room to argue against me when Appealing my Workplace Accident Claim. Thankfully the Review Board Officer was able to determine that my actions did not meet the criteria for serious and wilful misconduct and my injuries are severe enough to say that even if I was responsible for serious and wilful misconduct, my injuries alone would result in WCB accepting my claim.

For now, I am doing my best to pick up the pieces of what remains.