What is the legal test in workers’ compensation law?

British Columbia, Canada


The following excerpt is from WCAT-2014-02688 (Re), 2014 CanLII 92567 (BC WCAT):

In considering the above excerpted comment, I note that the legal test in workers’ compensation law is one of causative significance. It is well established in British Columbia that the issue of causation requires evidence that something in the employment had causative significance in producing the injury. Employment does not have to be the sole cause (Chima v. Workers’ Compensation Appeal Tribunal, 2009 BCSC 1574) nor the dominant cause of a worker’s injury (Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal), 2007 BCSC 1580), be it physical or psychological. Employment need only be of causative significance. That is, employment must be more than a “de minimis” or trivial cause of the worker’s condition.

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