What is the test for compensability under section 5.1(b) of the Workers’ Compensation Act?
British Columbia, Canada
The following excerpt is from A1604713 (Re), 2018 CanLII 134186 (BC WCAT):
The test for compensability set out in section 5.1 is multi-faceted. While a diagnosis of a mental or physical condition as set out in section 5.1(b) is of importance, in that it is one of the requirements for compensability, additional evidence of such a diagnosis is not, on its own, sufficient to change the factual matrix that led to the conclusion in WCAT-2016-00184 that the worker’s claim was not compensable. I would therefore distinguish this application from that considered by the court in Erskine v. British Columbia (Workers’ Compensation Appeal Tribunal), 2016 BCSC 936.
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