Worker on modified duties fired after rejected workers’ compensation claim

Worker claimed work-related injury but claim was rejected
|Canadian Employment Law Today|Last Updated: 11/25/2015

This instalment of You Make the Call features a worker on modified duties who was let go after his workers’ compensation claim was rejected.

Darcy Novak was a truck driver for H & R Transport, a truck transportation company in Calgary. Hired in 2010, he performed various duties including yard driving, city driving, preparing trailers, setting up pike trailers, and general yard duties. Over the first couple of years with H & R, Novak had two instances of discipline — one regarding a missed day of work that was later cleared up after the absence was excused, and a reprimand for breaking a trailer seal. There was no written notice or follow-up for the latter.