What is the relevant medical and scientific literature in determining whether a worker is suffering from a disease under section 6(1) of the Health and Safety Act?
British Columbia, Canada
The following excerpt is from WCAT-2015-03312 (Re), 2015 CanLII 95947 (BC WCAT):
There is an indication in WCAT-2009-01704 and in McKnight v. WCAT, 2012 BCSC 1820, that medical and scientific literature regarding the necessary levels of exposure is relevant in determining whether a worker is suffering from a disease, as a question of fact. I consider that this is a relevant factor to be considered in determining whether a worker has a particular disease under section 6(1) of the Act. I question whether it is appropriate to take exposure levels into account in determining whether a worker has a disease in the context of an item in Schedule B for which the corresponding description of the process or industry simply requires that there have been exposure to the relevant substance.
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