What is the test for determining whether a plaintiff’s right shoulder injury was sustained as a result of an accident/accident?
British Columbia, Canada
The following excerpt is from WCAT-2010-00678 (Re), 2010 CanLII 22678 (BC WCAT):
The analysis in either context is similar in that work need not be the only or even the predominant cause of the injury in question. It will suffice if the work cause is significant. As discussed in Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal) 2007 BCSC 1580, the original work injury need only play a causative role that is more than de minimis. Consequently, although non-work-related factors may have played a role in the worker’s current left shoulder condition, this does not necessarily mean that his condition cannot satisfy the applicable law and policy.
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