What is the test for the purpose of the disability compensation scheme?
British Columbia, Canada
The following excerpt is from Burnett v. British Columbia(Workers' Compensation Board), 2003 BCCA 394 (CanLII):
The chambers judge found (at para. 14) that the purpose of this compensation scheme: ...is to provide those who generally have the poorer prospects for employment and long-term income replacement after the death of their spouse with the greater benefits. The varying entitlements and gradations are based on "informed generalizations" as to employment and income replacement prospects. [Appeal Division Decision, paragraphs 31 and 69; Law v. Canada (Minister of Employment and Immigration), 1999 CanLII 675 (SCC), [1999] 1 S.C.R. 497 at para. 104.]
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