What is the result of a medical malpractice case?
British Columbia, Canada
The following excerpt is from WCAT-2011-01537 (Re), 2011 CanLII 51659 (BC WCAT):
After considering all the evidence and submissions, and in that context applying the Faryna v. Chorny test to determine the preponderance of the probabilities that a practical and informed person would recognize as reasonable, I find there is insufficient evidence to support that the worker’s symptoms in September 2009 were the result of a personal injury or occupational disease. Conclusion
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