Whitehorse Daily Star

Dancer loses compensation battle

An exotic dancer who injured herself while dancing in the Yukon more than a decade ago has lost her bid to get compensation.

By Justine Davidson on July 29, 2011

An exotic dancer who injured herself while dancing in the Yukon more than a decade ago has lost her bid to get compensation.

In the winter of 1997, the then-21-year-old Alberta woman came to the territory to perform at a number of Whitehorse establishments. Her Alberta booking agent organized the trip, and one of the hotels she was to perform at paid her airfare and accommodation.

On Nov. 1, her work plans were cut short when she fell from her pole during a performance and landed on her head.

The woman, who was not named, was taken to the hospital complaining of head, neck and back pain.

She was diagnosed with a spinal fracture, according to a decision from the workers' compensation appeal tribunal released this week.

She filed a workers' compensation claim immediately but was denied because under the Workers' Compensation Act, an Outside contractor does not qualify as a worker.

"Artists, entertainers and performers who are engaged from outside the territory through placement agencies are under a contract for service. A master-servant relationship does not exist and the provisions of the Workers Compensation Act do not apply,” the compensation board's assessment auditor decided on Nov. 26.

It is unclear from the summary of the case how the woman was notified of the board's initial decision, but she claims she never received the decision letter from the board and did not know how to request a review or make an appeal.

It seems she also made a claim to the Alberta compensation board, but was denied because there was no Alberta employer linked to her injury.

In the ensuing years, the woman continued to suffer from her injuries, and in October 2010, her neurologist advised her to contact the Yukon compensation board again.

On March 22, 2011, the board's hearing officer said the woman had passed the July 1, 2010 cutoff date, and the board no longer had jurisdiction to review the original decision.

She appealed that decision, and in June of this year, the compensation appeal tribunal did a documentary review of the case.

The Yukon's workers' advocate argued that the timelines should be waived in this case because of extenuating circumstances.

"She said the worker was a young woman at the time of the accident. She went through a prolonged period of recovery. There were personal issues going on in her life as well,” the appeal tribunal chair Ed Sumner wrote in his summary of the case.

"The worker's attention was focused solely on trying to get her life back to a level of functioning.”

The woman tried to resolve the matter informally through the director of claimant services, which further lengthened the process, the advocate added.

She argued that the woman had been the victim of a "gross injustice” because both the Yukon and Alberta had refused to take responsibility for her case, leaving her in legislative limbo.

None of those arguments convinced the appeal tribunal. Citing the July 1, 2010 expiry date mentioned in the Workers' Compensation Act, the tribunal members found they had no jurisdiction to hear the appeal.

The tribunal was made up of Sumner, Nancy Huston and Cary Gryba.

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