Experience

• Successfully defended an occupational cardiac stress claim.  The employee produced three medical experts to support the allegation that his stressful work environment caused him to suffer a heart attack.  On cross-examination, each of the medical witnesses admitted the employee’s work-related stress was similar in character to many other occupations.  After the matter was tried to conclusion, the Judge ruled the employee failed to meet his burden as he did not show the stress was peculiar to his work.

• Obtained a dismissal after trial on the basis that the worker was not an employee.  The worker performed intermittent jobs at a church over a period of five years. The worker and two lay witnesses admitted on cross-examination that the church did not provide equipment or supervision while the work was being performed.  The Court held in favor of the respondent finding that the worker was an independent contractor.