A workers' comp sign-off didn't end the employer's human rights obligations
When a New Brunswick driving instructor returned to full-time work after a concussion, his employer believed the matter was closed. WorkSafeNB had cleared him. Benefits had ended. Then his symptoms came back, he asked for one modified day, and everything unravelled. In a January 8, 2026, ruling, Vice-Chairperson David Brown of the New Brunswick Labour and Employment Board found that Versatile Training Solutions Ltd. violated the Human Rights Act by terminating Evan Theriault's employment, ordering the company and its general manager to pay $22,440.17 in damages.
Theriault, a commercial vehicle driving instructor near Sussex, NB, suffered a concussion on April 30, 2024, after striking his head on a truck at the Versatile premises. After six weeks off, he entered a WorkSafeNB-supervised gradual return to work program, starting with light maintenance and by mid-August back full time with one day weekly on mechanical work and the rest instructing in the truck.
WorkSafeNB ended his benefits on August 30, advising Versatile he was fit for full-time duties. Returning from vacation the week of September 9, Theriault worked three consecutive days in the truck. His concussion symptoms returned on September 11. He called in sick the next day.
On September 13, Theriault met with General Manager Jolene Otis and asked to work off the trucks on Wednesdays or take that day off. Both were refused. Otis said...
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