What is the test for meeting the third criterion in policy item 40.00?
British Columbia, Canada
The following excerpt is from WCAT-2011-01134 (Re), 2011 CanLII 50975 (BC WCAT):
The sole issue for determination is whether the worker meets the third criterion in policy item #40.00. Policy item #40.00 recently was the subject of a judicial review decision, Jozipovic v. British Columbia (Workers’ Compensation Appeal Tribunal), 2011 BCSC 329. I considered whether I should obtain further submissions from the parties as a result of this decision. However, upon reviewing the decision and the restricted issue which is before me in this appeal, I am satisfied that the court’s decision has no direct bearing on this appeal or my decision-making process. The issue in this appeal is not affected by the portions of item #40.00 that were of concern in that decision.
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