Slip and fall case reviewed. Photo by Contributed /ContributedArticle contentA long-term disability plan trust fund has lost its appeal of a decision involving a Cape Breton man who received a $365,000 settlement after he was injured in a slip-and-fall accident.THIS CONTENT IS RESERVED FOR SUBSCRIBERS ONLY.Subscribe now to access this story and more:Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsSUBSCRIBE TO UNLOCK MORE ARTICLES.Subscribe or sign in to your account to continue your reading experience.Unlimited access to the website and appExclusive access to premium content, newsletters and podcastsFull access to the e-Edition app, an electronic replica of the print edition that you can share, download and comment onEnjoy insights and behind-the-scenes analysis from our award-winning journalistsSupport local journalists and the next generation of journalistsRegister to unlock more articles.Create an account or sign in to continue your reading experience.Access additional stories every monthShare your thoughts and join the conversation in our commenting communityGet email updates from your favourite authorsSign In or Create an AccountorArticle contentSterling Feener started a full-time position at the Nova Scotia Community College in 1998 but was working as a consultant for another employer — Offshore Technical Services — when he slipped and fell on ice at his workplace in Sydney on Feb. 11, 2015. He suffered another slip-and-fall injury in his driveway around a week later and sought medical treatment for the first time the following day.Article contentArticle contentArticle contentDespite being on a leave of absence since 2012, Feener continued to pay into his NSCC pension and benefit package and remained insured under the Nova Scotia Public Service Long Term Disability Plan Trust Fund — which administers the disability plan under a trust agreement between the Nova Scotia Government Employees Union, the province and the trustees.Article contentLEGAL ACTIONArticle contentIn March 2015, Feener went off work from OTS and began receiving disability benefits under the Nova Scotia Public Service plan in November 2015.Article contentHe began legal action against OTS alleging negligence and seeking personal injury damages sustained in his Feb. 11, 2015, fall.Article contentFeener and OTS agreed to attempt to resolve the action through mediation.Article contentWhile the fund did not participate, it received briefs and books from both sides before the mediation.Article contentDuring a mediation held April 11, 2023, Feener and OTS agreed to an all-inclusive $365,000 settlement, which required the consent of the fund required under the long-term disability plan’s subrogation provisions.Article contentArticle contentFeener informed the fund of the tentative settlement and the settlement minutes immediately after the mediation and asked for the fund’s consent to the settlement.Article contentHEADS OF DAMAGESArticle contentThe fund consented to the settlement amount but not to the breakdown of the heads of damages — the specific categories of losses Feener could seek compensation for — as set out in the settlement minutes.Article contentAfter failing to resolve this dispute, the fund and Feener agreed to set aside enough settlement funds in trust so the fund could take over Feener’s right to pursue a claim against OTS. Meanwhile, Feener received $365,074.06 in benefits under the long-term disability plan from Nov. 20, 2015, to Apr. 11, 2023.Article contentThe fund then filed an application asking the court to make the allocations to the heads of damages based on the submissions of the parties at the mediation and pre-hearing briefs and arguments.
Disability fund loses appeal involving injured Cape Breton man
