What is the test for determining whether a decision was biased?
British Columbia, Canada
The following excerpt is from A2100199 (Re), 2021 CanLII 86036 (BC WCAT):
I appreciate the worker and her representative may question whether I am qualified to make a decision about my own bias. The majority of the court in Fraser Health Authority v. Workers’ Compensation Appeal Tribunal, 2014 BCCA 499 held that the panel that made the decision is the one that is authorized to “reopen” or reconsider it to cure a true jurisdictional defect. As a result, it falls to me to consider whether the decision was biased.
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