Fushtey v Workers’ Compensation Board of Alberta

Incident: Darryl Fushtey died in a car accident in 2018 while traveling to evaluate a business opportunity with Fire Power, an oilfield safety services company. The Workers' Compensation Board (WCB) deemed the accident employment-related, granting compensation. His estate argued it was a personal investment trip, seeking to bypass the statutory bar under Section 23 of the Workers’ Compensation Act to pursue a civil claim.

Legal Issues:

1. Was Mr. Fushtey acting under his employer Codeco’s direction or pursuing personal interests?
   • The WCB and Appeals Commission found the trip was part of his role as Business Development Executive, benefitting Codeco.
   • The estate argued it was unrelated to his employment.
2. Did Section 16(1)(d), which excludes coverage for partners in a partnership, apply?
   • The Appeals Commission found Mr. Fushtey was acting under Codeco’s direction, not as part of a partnership.
3. Was the “but for” test of causation misapplied?
   • The estate claimed coverage required sole employment purposes. The Commission found the trip’s primary purpose was work-related.

Court Findings:

• The issues involved mixed fact and law, reviewed for reasonableness.
• The Appeals Commission reasonably concluded that Mr. Fushtey’s travel was employer-directed and primarily benefitted Codeco.
• Section 16(1)(d) was irrelevant, and the Commission properly applied the causation test.

Outcome: The court upheld the Appeals Commission’s decision, maintaining the statutory bar to civil claims and dismissing the estate’s applications.

The decision does not explicitly specify any monetary award, costs, or damages.