The Workers’ Compensaiton Court of Appeals decided a series of cases in the month of September dealing with Gillette injuries.
In Dillon, the WCCA upheld the trial court’s decision that the employee sustained a Gillette-type injury on a certain date. The main issue in the case was whether there was an “ascertainable event” to form the basis for a disability during his employment. The employer and insurer argued that since the employee did not miss anytime from work during his employment because of his claimed injury there was no ascertainable event to find a date of injury. The WCCA disagreed.
