What is the evidence used to support an allegation that a bakery worker suffered from low back pain because she was leaning forward at the waist to pick up a piece of paper garbage from the floor of the bakery?
British Columbia, Canada
The following excerpt is from WCAT-2011-01826 (Re), 2011 CanLII 50923 (BC WCAT):
The incident on April 11, 2010 has been consistently explained by the worker. As a result, I accept that she was leaning forward at the waist to pick up a piece of paper garbage from the floor of the bakery, when she experienced a sudden onset of low back pain. Considering the test from Faryna v. Chorny, I conclude that the worker’s account of the incident is consistent with the preponderance of the probabilities which a practical and informed person would readily recognize as reasonable at that point.
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