What is the test for determining whether a plaintiff has a functional capacity?
British Columbia, Canada
The following excerpt is from Collis v. Passero, 2014 BCSC 1844 (CanLII):
The plaintiff emphasizes that the onus of proof rests upon the plaintiff’s shoulders and that a functional capacity evaluation is therefore reasonable and necessary in the litigation. Plaintiff’s counsel relies on Varga v. Shin, 2012 BCSC 1643, at paras. 40-44.
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