What is the evidence supporting a worker's claim that she fainted following an accident?

British Columbia, Canada


The following excerpt is from WCAT-2016-01073 (Re), 2016 CanLII 152235 (BC WCAT):

While the worker submitted that the emergency department report, emergency nursing assessment form, and ambulance service report provide the most contemporaneous evidence regarding the accident, the reports’ inconsistencies with one another reduce the amount of weight I place upon them. Instead, I place greater weight on the patient’s account of the event, corroborated, in part, by the co-worker’s statement that the patient advised the worker had fainted. In applying the principle set forth in Faryna v. Chorny, I find the evidence upon which the worker relies does not harmonize with the other evidence on file.

Other Questions


Is resolution of an important part of a claim against a party in a personal injury claim against the other party to the claim substantially less impact on the balance of the claim? (British Columbia, Canada)
What is the medical evidence that supports medical evidence in support of future care costs? (British Columbia, Canada)
What evidence supports an employer's claim that it intended to terminate a worker in May 2006 even in the absence of safety issues? (British Columbia, Canada)
Can a plaintiff who signed an agreement in December 2006 to "renounce any further claim" for spousal support after December 31, 2008 make a new claim for support? (British Columbia, Canada)
When there is little or no objective evidence of continuing injury in the context of a claim for damages arising from a motor vehicle accident, does the claimant have to prove that there is a continuing injury? (British Columbia, Canada)
What evidence exists that supports a claim that was made in trust by the Respondent? (British Columbia, Canada)
What is the test of no evidence to support patently unreasonable claims? (British Columbia, Canada)
Is there any case law supporting the argument that a claim is not a contractual claim? (British Columbia, Canada)
Does a wilfully false statement in a motor vehicle accident claim constitute material material to another claim? (British Columbia, Canada)
Does the fact that an expense relates to an extracurricular activity bring the amount of child support under s. 7 of the Child Support Guidelines (e.g. expenses) into s.7 of the child support table? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.