What is the test for determining which version of the onset of a worker’s back symptoms is more reliable?

British Columbia, Canada


The following excerpt is from WCAT-2010-00145 (Re), 2010 CanLII 23366 (BC WCAT):

In cases such as this I generally prefer the evidence given closest to the actual incident, as I find an individual’s recollection of events is generally better at that time. In the current case I see no compelling reason to depart from that approach. When considering the evidence with respect to which version of the onset of the worker’s back symptoms is more reliable, I have been guided by the test articulated in Faryna v. Chorny 1951 CanLII 252 (BC CA), [1952] 2 D.L.R. 354, that "the real test of the truth of the story of a witness...must be its harmony with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable in that place and in those conditions."

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