What is the test for determining whether aggravation arose out of the employee’s employment?
British Columbia, Canada
The following excerpt is from WCAT-2013-03354 (Re), 2013 CanLII 80222 (BC WCAT):
With respect to whether that aggravation arose out of the worker’s employment, I note that the legal test in workers’ compensation law is one of causative significance. It is well established in B.C. that the issue of causation or, as in this case, aggravation, requires evidence that something in the employment had causative significance in producing the injury. Work 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. Work need only be of more than a trivial cause to be of causative significance.
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