$5M WorkSafeNB lawsuit a first in Canada, lawyer says

A New Brunswick Court of Queen's Bench judge has reserved decision in what could be a precedent-setting lawsuit against WorkSafeNB.

Murray Goodwin, a former tugboat worker, is suing the workers' compensation system for $5 million for allegedly failing to give him the proper care and respect he says he deservedafter a workplace accident in 1987.

The case is thefirst of its kind to reach this stagein Canada, according to WorkSafeNB lawyer John Barry.

He and his researchers were unable to find any other case across the country wherethe courts haveaddressed standard of care relative to a workers' compensation claim, Barry told the Saint John courtroom.

Workers can't sue workers' compensation,argued Barry. Workers give up their common law right to action against employers in exchange for employers paying into thesystem, he said.

"Other cases went to the Supreme Court of Canada[cases in] Newfoundland, and B.C. and various provincesthat very clearly stated that a worker has no right to sue the Workers' Compensation Board. Andwe attempted in an application before [Justice Hugh]McLellan to have this dismissed at an early stage," Barry told CBC News outside the courtroom.

"Mr. Justice McLellan recognized that exclusive jurisdiction and that inability. But because of wording in that pleading, 'abuse of process,' more than anything else, he felt the case should go forward.But relative to what we described as duty of care, there is no decision in Canada that says workers' compensation is bound to exercise a duty of care."

Could reach higher courts

If Goodwinsucceeds, Barry says the casewill be challenged in higher courts.

"This challenges the fundamental aspects of workers' compensation," he said.

"Ifsuccessful, it will have an effect on workers' compensation boards not just in New Brunswick, but across the country. Soit automatically will be appealed, there is no doubt. Both in New Brunswick, and after New BrunswickIt will end up in the Supreme Court of Canada."

Barry described Goodwin as a man with unrealistic expectations who was obsessed with WorkSafeNB.

He said he rejected the idea that Goodwin was suing in the public interest. He argued Goodwin's sole interest in bringing the suit was to disparage the system and its employees and that Goodwin should apologize to the employees he has maligned.

Goodwin's lawyer, Eugene (Pete) Mockler, argued his client is not obsessive, but has the kind of perseverance anybody would envy.

Goodwin, whois now in his 70s,says heis nearly bankrupt after spending about $200,000 fighting his case, which has been winding its way through the courts since 2009.

The trial itself has taken up 22 days.

Goodwinsays he had a bad fall while working on a tugboat in the Saint John Harbour in 1987 and hasn't worked since.

He contendsWorkSafefailed to appreciate the severity of his injuries and he was repeatedly denied treatment and surgery recommended by doctors.

Goodwin says dealing with WorkSafe was a "journey of terror" and that he's suing for other injured workers who might be poorly treated.

He is accusingWorkSafeof gross carelessness, claiming itinflicted far more damage on his lifethan the original accident.

Justice Ray French reserved decision. He did not indicate when he would render his ruling, but said he would send a written copy to the lawyers.