Miller Thomson Represents Administrator of the Estate of Thomas Flueck in Successful Appeal
Counsel to the Administrator of the Estate of Thomas Flueck in a successful appeal concerning workers’ compensation benefits
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In Alberta (Workers’ Compensation Board) v Alberta (Appeals Commission for Alberta Workers’ Compensation), 2026 ABCA 286, Miller Thomson represented the Administrator of the Estate of Thomas Flueck in a successful appeal concerning the interpretation of Workers’ Compensation Board (WCB) policies. The Alberta Court of Appeal dismissed the WCB’s appeal and upheld Mr. Flueck’s entitlement to a retroactive Level 3 personal care allowance covering significant periods between 1983 and 2002.
The appeal arose from a catastrophic workplace injury suffered by Mr. Flueck in 1983. Following his death, his Estate pursued compensation for decades of unpaid in-home care. The WCB argued that a 2018 policy could not be used to assess entitlement for historical periods predating its enactment. The Estate successfully argued that the policy applied to decisions made after its effective date, regardless of the benefit period covered by the allowance.
Miller Thomson represented the Administrator of the Estate of Thomas Flueck with a team comprised of Trent A. Johnson and Marlee Chrystian.