Alberta (Workers’ Compensation Board) v Alberta (Appeals Commission for Alberta Workers’ Compensation)

canada, canadian, case law, court opinion, canlii, abca, 2026abca286, 2026 abca 286 (canlii), 2026, abca, 286, (canlii), 2503-0024ac, 2026, administrative law, judicial review, statutory appeal, workers’ compensation act, s. 13.4, whether correctness applies to policy interpretation and reasonableness to mixed fact and law, vavilov, yatar, zarooben applied, court steps into chambers judge’s shoes, administrative decision reviewed for transparency, intelligibility, justification, appeal dismissed, statutory interpretation, interpretation of policy, effective date, policy 04, 07, part ii, application 4, question 22, whether policy “applies to all decisions made on or after” the effective date for pre, effective, date care, retroactive versus retrospective effect analysed, épiciers and driedger definitions applied, retrospective interpretation affirmed, appeal dismissed, statutory interpretation, presumptions, retrospectivity and benefits, workers’ compensation act, s. 82, whether presumption against retrospectivity applies to a policy conferring a benefit, brosseau applied, presumption limited to prejudicial statutes, common law retroactivity presumption not engaged where effect is retrospective, policy terms read contextually, remedial objects considered, appeal dismissed, procedure, appeal and judicial review, standard of review, workers’ compensation act, s. 13.4, how statutory appeal on questions of law or jurisdiction interacts with judicial review of mixed fact and law, correctness for interpretation of policy, reasonableness for application to facts, vavilov framework applied, chambers judge standard selection upheld, appeal dismissed, pensions and social benefits, workers’ compensation benefits, personal care allowance, workers’ compensation act, s. 82, whether worker entitled to level 3 personal care allowance for the benefit periods under the 2018 policy, appeals commission reasons transparent, intelligible, justifiable, entitlement decision found reasonable, entitlement confirmed, appeal dismissed