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Difference between revisions of "Introduction to Compensation Claims for Injured Workers (7:III)"

From Clicklaw Wikibooks
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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).
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 one of '''“causative significance”'''. According to well-established  jurisprudence, this means that the initial injury does not have to be the sole cause or even the dominant cause of a secondary condition; it must be only of causative significance greater than being trivial or ''de minimis'': ''Chima v. Workers’ Compensation Appeal Tribunal'', 2009 BCSC 1574; ''Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal)'', 2007 BCSC 1580 and ''Albert v. British Columbia (Workers’ Compensation Appeal Tribunal)'', 2006 BCSC 838.
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 cause or dominant cause of the secondary injury, it must only be 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).
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).
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