What is the test for reconsideration at the BC Workers’ Compensation Appeal Tribunal?
British Columbia, Canada
The following excerpt is from WCAT-2016-00284 (Re), 2016 CanLII 17891 (BC WCAT):
The second circumstance is if the decision reflects an error of fairness or a “true jurisdictional” error. The meaning and scope of these terms is set out in Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 499. I will refer to this second circumstance as a “Fraser Health reconsideration.” It is the second type of reconsideration application that is at issue here. Background
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