Difference between revisions of "Disability and Causation in Workers' Compensation (7:IX)"
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If serious and willful misconduct on the part of the worker is the sole cause of the injury, no compensation is paid unless death or severe disability results. | If serious and willful misconduct on the part of the worker is the sole cause of the injury, no compensation is paid unless death or severe disability results. | ||
=== 2. Secondary Conditions === | |||
Where the worker suffers consequences from the injury, in addition to the injury, these may be “compensable consequences”. Some common compensable consequences of injury include chronic pain and the development of psychological conditions after the initial injury (unless they arise due to the WCB process). The test for whether a secondary condition is compensable is also '''causative significance''', meaning that the initial injury does not have to be the sole or dominant cause of the secondary injury. It must only be of causative significance greater than being trivial. | |||
As discussed above, if the worker suffered from a pre-existing condition and the injury aggravates, accelerates or activates this condition, the resulting aggravation may also be compensable. (Note: this policy is complex and should be consulted for specific details). | |||
The [http://www.canlii.org/en/ca/scc/doc/2000/2000scc3/2000scc3.html?autocompleteStr=Kovach%20v%20work&autocompletePos=1 Kovach v Singh (Kovach v WCB), [2000] SCJ No 3] decision upheld the Board’s policy that a worker who is undergoing treatment for a work injury remains in the course of employment, even if the treatment takes place long after the job itself has ended (even years after). This decision means that workers undergoing treatment for an injury or disease generally cannot sue negligent medical providers for medical malpractice. | |||
See also RSCM II #C3-22.00 – 22.40. | |||
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