Bob Doiron loses WCB appeal over termination of benefits

A Charlottetown man has lost his court appeal over the termination of his Workers Compensation benefits.

Bob Doiron, 52,injured himself in a fall while working with UPEIcampus security in October2015.

The Workers Compensation Board (WCB) granted him benefits but was working on a plan to gradually see him return to work full-time.

The WCBcut off his benefits in July 2016, after deciding he wasn't co-operating with a plan to ease back to work, which had been approved by a physiotherapist and the board's medical advisor.

That decision was upheld by a Workers Compensation Appeals Tribunal (WCAT) in October2017 which also accused Doiron of abusing the program by misrepresenting his condition.

• Liberal candidate Bob Doiron in legal battle with Workers Compensation

For his part, Doiron said he was in too much pain to return to work full-time.

He took hiscaseto the P.E.I. Appeal Court in May and on Wednesdaythe court dismissed Doiron'sappeal.

• Bob Doironargues WCB'cherry picked' evidence to cut off his benefits

"The ultimate question before this court is not whether we agree with the decision made byWCATbut whether it was reasonable in its decision-making process," said Justice John Mitchell in a written decision.

Mitchell foundWCAT'sdecision to terminateDoiron'sbenefits "is a reasonable one based upon the evidence."

'We're all devastated'

Doirontold CBChe didn't expect the decision to go this way.

"We're all devastated. Like I was banking on winning this, and when the court comes back and says you know, we're not to get involved in the correctness of the trial or the case, just the reasonableness. I don't know where I'm supposed to go."

Doiron, who worked full-time with UPEIcampus security before his accident,said he has only been able to work part-time since three hours a day, three days a week.

He is also a Charlottetown city councillor.

He said he'sspent more than $65,000 in legal fees on this case and doesn't know what he'll do now.

"I don't know. I emailed my employer, said I lost today, I don't know what's going to happen. You know medically I what do I do now, my leg is not fixed."

Doironsaid he is checking into whether he can appeal to the Supreme Court of Canada, but expects that would cost "hundreds of thousands of dollars.I don't have that money."

He said he is still on a wait-list for surgery to repair his injury.

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