VANCOUVER, B.C. (CN) - British Columbia's Workers' Compensation Appeal Tribunal gave former "Beverly Hills 90210" actress Gabrielle Carteris permission to pursue her personal injury lawsuit stemming from the filming of a TV movie back in 2006, but key defendants in the case want the tribunal's decision quashed.
Carteris was in British Columbia filming the made-for-television movie "Past Tense" in February 2006.
During a scene in which she was dragged down stairs in a headlock by actor Adrian Hughes, Carteris says, she suffered injuries including partial facial paralysis.
The provincial tribunal ruled on Feb. 13 this year that Carteris was not a "worker" and that her injuries did not "arise out of and in the course of employment" under the Workers Compensation Act.
In finding Carteris to be an independent operator, essentially paving the way for her suit to move forward, the tribunal did not determine the status of "key defendants" in Carteris' lawsuit, including Central Myth Pictures, director Penelope Buitenhuis, actor Adrian Hughes and stunt director Brett Armstrong.
Those defendants, and others, asked the B.C. Supreme Court to stop Carteris' case.
They claim the tribunal "erred or acted unreasonably concerning an actor's status for purposes other than in respect of workers' compensation schemes."
They also claim the tribunal applied practice directives to the decision which were issued years after the filming and injuries took place.
Finally, they claim the tribunal "failed to exercise its jurisdiction by not issuing a determination regarding the status of the 'key defendants.'"
The petitioners in the case are Central Myth Pictures Ltd., Harvey Khan, Front Street Pictures Inc.; Penelope Buitenhuis, Adrian Hughes, Adam Sliwinski, Jaye Gazeley, Brett Armstrong, Marc Stevenson, Costa Vassos, Patrick Weir and Edward Hardy. Named as respondents are Gabrielle Carteris, Porchlight Entertainment, Porchlight Distributions, Porchlight Worldwide, Joe Broido and the Workers' Compensation Appeal Tribunal.
The petitioners are represented by Nigel L. Trevathan, with Harper Grey.
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