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Difference between revisions of "Disability and Causation in Workers' Compensation (7:IX)"
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Disability and Causation in Workers' Compensation (7:IX) (view source)
Revision as of 19:19, 12 September 2023
, 19:19, 12 September 2023→A. Types of Claims
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== A. Types of Claims == | == A. Types of Claims == | ||
Before a compensation claim can be accepted, the Board must find that the worker’s injury, death, or disease was disabling, and that the disability occurred as a result of employment. The WCA addresses these matters differently for different types of injuries and conditions: | Before a compensation claim can be accepted, the Board must find that the worker’s injury, death, or disease was disabling, and that the disability occurred as a result of employment. The WCA addresses these matters differently for different types of injuries and conditions: | ||
* Sections 134 and 146 [Former Act, s. 5]: personal injury (physical or psychological) | * Sections 134 and 146 [Former Act, s. 5]: personal injury (physical or psychological) | ||
* Section 135 [Former Act, s. 5.1]: psychological injury only (mental disorder) | * Section 135 [Former Act, s. 5.1]: psychological injury only (mental disorder) | ||
* Section 136(1)[Former Act, s. 6(1)]): occupational disease – no presumption of work causation | * Section 136(1)[Former Act, s. 6(1)]): occupational disease – no presumption of work causation | ||
* Section 137 [Former Act, s. 6(3)]: occupational disease – presumption of work causation | * Section 137 [Former Act, s. 6(3)]: occupational disease – presumption of work causation | ||
* Section 145 [Former Act, s. 7]: hearing loss | * Section 145 [Former Act, s. 7]: hearing loss | ||
Detailed policies regarding each of these conditions are set out in the RSCM II. Chapter 3 sets out policies for personal and psychological injuries and compensable consequences. Chapter 4 sets out policies for all Occupational Diseases, including repetitive strain injuries and hearing loss. Students handling appeals should note that most causation disputes come down to matters of evidence, and the policies provide important guidance on what evidence is required in each case. | |||
Detailed policies regarding each of these conditions are set out in the RSCM II. Chapter 3 sets out policies for personal and psychological injuries and compensable consequences. Chapter 4 sets out policies for all Occupational Diseases, including repetitive strain injuries and hearing loss. Students handling appeals should note that most causation disputes come down to matters of evidence, and the policies provide important guidance on what evidence is required in each case | |||
== B. Injury, Disease, or Both? == | == B. Injury, Disease, or Both? == | ||
