What is the test for non-economic loss under section 42 of the Workers’ Compensation Act?
Ontario, Canada
The following excerpt is from Arvelin v. Arvelin, 1996 CanLII 8077 (ON SC):
Buske v. Buske (1988), 1988 CanLII 4777 (ON SC), 12 R.F.L. (3d) 388 (Dist. Ct.), was a case involving payments for non-economic loss (pain and suffering) under Section 42 of the Workers’ Compensation Act, Payments under that section are excluded being ‘‘damages for personal injuries”.
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