B.C. woman wins appeal, gets workers’ comp from crash during commute

She was driving an employer-owned vehicle when she crashed on Hwy 1 in Abbotsford on her way to work

A woman has been granted workers’ compensation for a single-vehicle crash while commuting to work in an employer-owned car, reversing a previous ruling from WorkSafeBC.

At the time of the crash, on Feb. 3, 2017, a security co-ordinator with an unnamed federal agency was driving the fleet vehicle – an unmarked police vehicle – on Highway 1 from her home in Vancouver to an office in Chilliwack, where she was to give a presentation.

While driving around 80 to 100 km/h through Abbotsford, at about 9:30 a.m., she lost control in the snow and her vehicle crashed into the median between eastbound and westbound lanes.

RELATED: WorkSafeBC report finds cause for penalty for B.C. car dealer after fatal accident

RELATED: Nurses deliver 24,000 anti-violence postcards to B.C. health minister

The woman, only referred to as “the appellant” in the recently published B.C. Workers’ Compensation Appeal Tribunal (WCAT) ruling, was denied compensation in the original WorkSafeBC ruling, as well as in a review that followed.

At issue in the appeal of the first two decisions was whether or not the commute was considered part of the “course of employment.”

To make a determination, the tribunal looked at nine factors, including whether the task was being done for the employer’s benefit, instructions from the employer, whether equipment was supplied by the employer and whether the commute was part of the job.

In this case, the employee had been granted permission to drive home from the Surrey office the previous day for the sake of efficiency, to better prepare for the Chilliwack presentation the day of the crash.

The agency had strict rules on using fleet vehicles, barring personal use such as groceries, a factor the tribunal member “placed great weight” on. As well, the tribunal noted that the woman was not allowed to keep the vehicle for the weekend, meaning that she had to drive the vehicle to work the day of the crash, despite snowy weather.

At the hearing, the woman showed the tribunal emails from a policy officer with her employer, who deemed that she was on “travel status” at the time of the crash.

The woman testified that her supervisor advised her in fall 2016 not to visit offices during inclement weather after she asked for snow tires for the police vehicle. No money was available at the time for snow tires, and the employer’s investigative report of the crash noted that, although snow tires would have been the safest option, the tires had “sufficient tread.”

As well, the employer noted that even vehicles with snow tires went off the road the day of the crash, and when the woman had left her home that morning it had been snowing but the roads were not affected.

Report an error or send us your tips, photos and video.

Dustin Godfrey | Reporter

@dustinrgodfrey

Send Dustin an email.
Like the Abbotsford News on Facebook.
Follow us on Twitter.

Just Posted

Lofty plans for Chilliwack school district revealed

Chilliwack school district draws up plan to add 2,900 student seats in five years

Agassiz study to look at drone use for pesticide application

The study will be the first in Canada to use drones to apply pesticides to farm fields

Chilliwack’s pediatric observation unit gets financial shot from trades workers

Unions and contractors donate more than $30,000 to Fraser Valley Health Care Foundation

Delays en route for Highway 7 in Harrison Mills

Road resurfacing will cause month-long delays for drivers travelling through Harrison Mills

The luckiest man in Agassiz finds more than 200 four-leaf clovers

Walt Hardinge has found more than 219 four-or-more leaf clovers this spring alone

B.C.’s fight to regulate bitumen through pipelines to go to Canada’s top court

BC Appeal Court judges found B.C. cannot restrict bitumen flow along Trans Mountain pipeline

Burnaby facility to dispose of 1,500 tonnes of Canada’s trash from Philippines

All 103 containers will be disposed of properly within Canada before the end of the summer

Scheer says it would take Conservatives five years to balance budget

Scheeraccused the Liberal government of spending $79.5 billion of previously unbudgeted funds

Man wants guilty plea revoked in 2012 collision in Abbotsford that killed Chilliwack woman

Michael Larocque was charged in relation to crash that killed Eileen Kleinfelder

High-risk sex offender released into Surrey

Earon Wayne Giles, a Newton “tag-team rapist,” was released from prison Friday and is now living in Surrey

Vancouver woman sexually assaulted after man follows her home; suspect at large

Police are looking for an Asian man in his 40s after the incident on Vancouver’s east side.

B.C. man, 30, arrested for driving his parents’ cars while impaired twice in one day

The Vancouver-area man was arrested after officers caught him driving impaired twice in one day

UPDATE: Vancouver man dies after crash between motorcycle, transport truck

Police believe speed was a factor in Thursday collision

Trial slated to start Monday for accused killer of Abbotsford cop

Oscar Arfmann faces first-degree murder for death of Const. John Davidson

Most Read