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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 21:11, 13 December 2022
, 21:11, 13 December 2022→1. Did the Injury Happen at Work?
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Under sections 134 and 146 of the WCA [Former Act, s. 5], personal injury or death must '''arise out of''', and '''in the course of''', employment in order to be compensable. It is important to check policies and WCAT decisions for qualifying factors, as they can change. | Under sections 134 and 146 of the WCA [Former Act, s. 5], personal injury or death must '''arise out of''', and '''in the course of''', employment in order to be compensable. It is important to check policies and WCAT decisions for qualifying factors, as they can change. | ||
“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: [ | “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%20BCSC%201574&autocompletePos=1 Chima v Workers’ Compensation Appeal Tribunal, 2009 BCSC 1574], 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. | ||
'''“In the course of employment”''' relates to the employment relationship at the time of injury. It generally refers to whether the injury or death happened at the time and place and during an activity reasonably related to the duties and expectations of the employment. Time and place are not strictly limited to the normal hours or work or on the employer’s premises. | '''“In the course of employment”''' relates to the employment relationship at the time of injury. It generally refers to whether the injury or death happened at the time and place and during an activity reasonably related to the duties and expectations of the employment. Time and place are not strictly limited to the normal hours or work or on the employer’s premises. | ||
