The BC WorkersB次元官网网址� Compensation Appeal Tribunal has determined the family of a Salmon Arm man killed in 2019 while providing assistance at the scene of a highway collision is ineligible to receive survivor benefits.

According to the RCMP, Robert Nash was killed at the scene of a multiple-vehicle collision along the Coquihalla Highway near Larson Hill on May 19, 2019. At approximately 5:30 p.m., a Nissan car collided with a northbound semi. The drivers of both vehicles were exchanging information when Nash stopped to assist and was going to give the NissanB次元官网网址檚 driver and passenger a ride when the driver of a Porsche lost control in the rainy weather on wet roads. The Porsche collided with a concrete barrier and then the Nissan. Nash was struck by the Porsche and thrown into the far northbound lane. Another vehicle, a Buick, then struck the Porsche and Nash, who was pronounced dead at the scene.

Nash had been returning home to Salmon Arm after attending a trade show for work in the Lower Mainland.

Heather Nash, RobB次元官网网址檚 spouse, submitted an application for workersB次元官网网址� compensation survivor benefits on June 19, 2019. In Sept. 2019, a WorkSafeBC Special Care Services case manager denied the claim, noting NashB次元官网网址檚 death B次元官网网址渄id not arise out of and in the course of his employment.B次元官网网址�

panel vice-chair Herb Morton came to the same conclusion as the Sept. 2019 determination, that NashB次元官网网址檚 stopping at the scene of the collision B次元官网网址渋nvolved a distinct departure of a personal nature from his employment.B次元官网网址�

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Morton referred to RobB次元官网网址檚 actions as B次元官网网址渢hose of a public spirited citizenB次元官网网址�, noting B次元官网网址渟uch actions are held in high esteem by society.B次元官网网址� However, Morton and the WCAT determined that in stopping to provide assistance, B次元官网网址淢r. Nash was exposed to risks that he would not have encountered had he simply continued on his journey without stoppingB次元官网网址�B次元官网网址�

B次元官网网址淚 find that in stopping to provide assistance at the scene of the first accident, Mr. Nash made a distinct departure of a personal nature,B次元官网网址� reads the WCAT decision. B次元官网网址淲hile involving the passage of only a short period of time, this stop was not of a nature which was incidental to his employment-related travel. Mr. Nash was not acting to protect the employerB次元官网网址檚 interests during an emergencyB次元官网网址� His actions, in stopping to render assistance at the scene of an accident, involved the emergency action of a public spirited citizen.B次元官网网址�

Legal action was initiated in November 2019 by the Nash family against other vehicle occupants involved in the May 2019 collision, as well as the B.C. government as represented by the Ministry of Transportation and Infrastructure.

The province was named among third parties in the legal action, as was VSA Highway Maintenance Ltd., which had a contract with the province for highway maintenance and service in the area of the highway where the collision occurred. According to information included in the WCAT decision, it is alleged the province was B次元官网网址渞esponsible for the design, supervision, and maintenance of the highways,B次元官网网址� while VSA had a contract with the Province B次元官网网址渢o provide highway maintenance and service for the area of the highway where the collision occurred.B次元官网网址�

VSA is also named as the applicant behind the WCAT ruling.

The trial is scheduled for 10 a.m. at the Vancouver Law Courts on Sept. 18, 2023.

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