A New Brunswick workers’ compensation tribunal has overturned a decision to terminate benefits and recover nearly $4,500 from an injured worker, finding that surveillance footage of her participating in barrel racing did not prove she was capable of returning to work.
The Workers’ Compensation Appeals Tribunal accepted the appeal of a seasonal worker who injured her neck, back, right hand and wrist in March 2024 while lifting a vehicle hood during a pre-trip inspection. The hood’s cable had broken, and when she tried to catch the falling hood, she strained multiple muscles.
The Workplace Health, Safety and Compensation Commission initially accepted her claim for upper and lower back and right wrist sprain/strain injuries. Medical imaging revealed degenerative cervical disc disease and moderate bilateral foraminal stenosis, though no acute traumatic injury was found.
Surveillance and investigation
In September 2024, the commission launched an investigation after the worker’s employer submitted video showing her participating in a horse barrel racing competition. An investigation report documented her participation in up to 10 races on July 13-14 and Sept. 7-8, 2024.
The investigation also included surveillance footage showing the worker shopping, running errands and handling parcels. An occupational therapist consultant reviewed the footage and concluded the worker demonstrated functional abilities inconsistent with limitations she reported during clinical assessments.
Based on this evidence, the commission determined the worker had misrepresented her disability level and terminated her loss of earnings benefits retroactive to July 13, 2024. The commission also determined she owed $4,485.53 for an overpayment resulting from fraud, covering the period from July 13 to Sept. 2, 2024.
Worker’s explanation
The worker disputed the characterization of her participation in the races. In written submissions, she said she was on her horse for approximately 21 seconds on July 13 before experiencing significant pain and requiring assistance to dismount. She said brief attempts to participate stemmed from a desire to reconnect with her passion and honour her late parents’ memory, as horses held profound personal significance for her.
Her treating physiotherapist submitted a letter explaining that horseback riding was encouraged as part of her rehabilitation, both for physical therapy and mental health support. The physiotherapist noted the worker was grieving the loss of her parents and brother at the time of her workplace injury.
“As riding horses were very important to her throughout her life, it was encouraged for her to be engaged with her horses, especially since she had significant emotional strain, to help with calming and joyous feelings,” the physiotherapist wrote. “For [the worker], riding horses has been automatic as a child, brings her joy, and promotes muscle stability and strength.”
Medical evidence and timeline
The tribunal reviewed multiple medical reports documenting the worker’s condition throughout 2024. A physiotherapy report from July 23, 2024 — the day after her first documented race — noted she could do “slow easy trail ride on horse 20 min” but “still gets spasms, pain” and experienced “disrupted sleep.”
A multidisciplinary rehabilitation assessment on Aug. 21, 2024 recommended a gradual return to work could begin in September with modified hours of four hours per day, three days per week. A progress report on Sept. 17, 2024 found the worker was not a job match for 12 out of 19 measured tasks.
The worker successfully completed a return-to-work program from Oct. 3-18, 2024, though physiotherapy reports from November 2024 documented ongoing back spasms and neck pain after her return to work. She underwent cervical nerve root injections in April 2025 for chronic neck pain.
Tribunal’s decision
The tribunal found the surveillance footage and investigation report did not prove the worker could have returned to work as early as July 13, 2024.
“Based on the preponderance of evidence, I find it more likely than not, that the appellant did not make false representation of the extent of her injury by accident during the period of time that the overpayment was created,” the tribunal wrote.
The tribunal attributed greater weight to contemporaneous opinions from treating medical providers regarding whether the worker could have returned to work before late October 2024. The tribunal accepted the worker’s testimony as “sincere, credible, and reasonable” and noted she was working full-time without restrictions before her March 2024 injury.
The tribunal directed the commission to eliminate the $4,485.53 overpayment, reopen the claim as of Oct. 25, 2024, and reinstate any benefits to which she may be entitled.
For more information, see 20250934 (Re), 2026 CanLII 9393 (NB WCAT).
