Resources

Statutory Bar Determinations

The Workplace Health, Safety and Compensation Act, 2022 authorizes WorkplaceNL to determine whether legal action in respect of an injury is prohibited by the Act. When a workplace party starts legal action against another workplace party for an injury which arises in the course of the worker’s employment, one of the parties may make an application to WorkplaceNL for a statutory bar determination. Only WorkplaceNL, not the courts, can determine whether the statutory bar applies. When the statutory bar applies, there is no ability to take legal action through the courts.

2024
Decision 2024 03 20

  • Arising Out of and in the Course of Employment – employer premises; Lunchrooms, Rest and Coffee Breaks, Personal Needs and Comfort; Captive Worker; Coverage During Travel
  • Injury Occurring Otherwise than in the Conduct of the Operations Usual in or Incidental to the Industry Carried on by the Employer

Decision 2024 05 16

  • Arising Out of and in the Course of Employment – Special Assignments, Training and Educational Courses,
  • Definition of worker

Decision 2024 06 05

  • Arising Out of and in the Course of Employment – Injury During Compensable Treatment

2023
Decision 2023 06 02

  • Definition of Employer

Decision 2023 03 13

  • Arising Out of and in the Course of Employment
  • Injury Occurring Otherwise than in the Conduct of the Operations Usual in or Incidental to the Industry Carried on by the Employer

2022
Decision 2022 07 06

  • Arising Out of and in the Course of Employment
  • Injury Occurring Otherwise than in the Conduct of the Operations Usual in or Incidental to the Industry Carried on by the Employer

2021
Decision 2021 11 19

  • Definition of Motor Vehicle/Highway
  • Use of a Motor Vehicle

2020
Decision 2020 09 24

  • Definition of Motor Vehicle/Highway

Decision 2020 07 19

  • Arising Out of and in the Course of Employment – Coverage During Travel

2019
Decision 2019 11 04

  • Arising Out of and in the Course of Employment – Injury During Compensable Treatment

Decision 2019 08 07

  • Definition of Motor Vehicle/Highway
  • Use of a Motor Vehicle
  • Being Transported in the Course of Employment

Decision 2019 05 22

  • Use of a Motor Vehicle
  • Intention of Legislature (Mandatory Public Liability Insurance)

Decision 2019 04 05

  • Use of a Motor Vehicle

Decision 2019 01 22

  • Use of a Motor Vehicle

2018
Decision 2018 07 10

  • Arising Out of and in the Course of Employment – Injury During Compensable Treatment
  • Arising Out of and in the Course of Employment – Subsequent Injuries/Conditions
  • Definition of Dependent

2016
Decision 2016 08 29

  • Arising Out of and in the Course of Employment – Employer’s Premises

2015
Decision 2015 11 20

  • Definition of Dependent

2014
Decision 2014 11 04

  • Use of a Motor Vehicle

Decision 2014 10 20

  • Arising Out of and in the Course of Employment – Employer’s Premises

Decision 2014 07 22

  • Use of a Motor Vehicle
  • Intention of Legislature (Mandatory Public Liability Insurance)

2013
Decision 2013 09 11

  • Arising Out of and in the Course of Employment – General Criteria

Decision 2013 04 11

  • Arising Out of and in the Course of Employment – Employer’s Premises

Decision 2013 04 10

  • Arising Out of and in the Course of Employment – Employer’s Premises
  • Arising Out of and in the Course of Employment – Injury During Compensable Treatment