What is the legal standard of proof under section 99(3) and 250(4) of the BC Workers’ Compensation Act?
British Columbia, Canada
The following excerpt is from A1700196 (Re), 2018 CanLII 135531 (BC WCAT):
In passing, I note that this medical standard of proof (“certainty”) exceeds the legal standard of proof a decision maker is required to apply in weighing evidence about a diagnosis. As explained in McKnight v. Workers’ Compensation Appeal Tribunal 2012 BCSC 1820 a diagnosis is a finding of fact and the adjudicator must apply a legal standard of proof, not a medical standard of proof, in weighing the evidence about the diagnosis. Under sections 99(3) and 250(4) of the Act, the legal standard of proof is “at least as likely as not.”
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