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Difference between revisions of "Disability and Causation in Workers' Compensation (7:IX)"

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'''“Arising out of employment”''' relates to causation and means that the work must have '''causative significance''' to the injury. According to well-established jurisprudence, this means that the work does not have to be the sole or even the dominant cause of the injury; It must be only of causative significance greater than being trivial or ''de minimis'': [https://www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc1574/2009bcsc1574.html?autocompleteStr=2009%2520BCSC%25201574&autocompletePos=1 ''Chima v Workers’ Compensation Appeal Tribunal'', 2009 BCSC 1574], [https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc1580/2007bcsc1580.html?autocompleteStr=2007%2520BCSC%25201580&autocompletePos=1 ''Schulmeister v British Columbia (Workers’ Compensation Appeal Tribunal)'', 2007 BCSC 1580], and [[ https://www.canlii.org/en/bc/bcsc/doc/2006/2006bcsc838/2006bcsc838.html?resultIndex=1|''Albert v British Columbia (Workers’ Compensation Appeal Tribunal)'', 2006 BCSC 838]]. Not all injuries at work are caused by work, as some are naturally occurring conditions which would have happened in any event. For example, a worker with heart disease, who is working in a sedentary job, may have a heart attack at the office. There is likely nothing in the work activity which would have causative significance to this injury.
'''“Arising out of employment”''' relates to causation and means that the work must have '''causative significance''' to the injury. According to well-established jurisprudence, this means that the work does not have to be the sole or even the dominant cause of the injury; It must be only of causative significance greater than being trivial or ''de minimis'': [https://www.canlii.org/en/bc/bcsc/doc/2009/2009bcsc1574/2009bcsc1574.html?autocompleteStr=2009%2520BCSC%25201574&autocompletePos=1 ''Chima v Workers’ Compensation Appeal Tribunal'', 2009 BCSC 1574], [https://www.canlii.org/en/bc/bcsc/doc/2007/2007bcsc1580/2007bcsc1580.html?autocompleteStr=2007%2520BCSC%25201580&autocompletePos=1 ''Schulmeister v British Columbia (Workers’ Compensation Appeal Tribunal)'', 2007 BCSC 1580], and [https://www.canlii.org/en/bc/bcsc/doc/2006/2006bcsc838/2006bcsc838.html?resultIndex=1|''Albert v British Columbia (Workers’ Compensation Appeal Tribunal)'', 2006 BCSC 838]]. Not all injuries at work are caused by work, as some are naturally occurring conditions which would have happened in any event. For example, a worker with heart disease, who is working in a sedentary job, may have a heart attack at the office. There is likely nothing in the work activity which would have causative significance to this injury.




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