What is the test in workers’s compensation law for determining whether an employee is a contributory cause of injury?
British Columbia, Canada
The following excerpt is from WCAT-2012-02245 (Re), 2012 CanLII 54597 (BC WCAT):
The general causation test employed in worker’s compensation is the test of causative significance. This requires that the employment has to be of causative significance which means more than a trivial or insignificant aspect of the injury. It is not necessary that the injury be the exclusive or sole cause of the condition (Chima v. Workers’ Compensation Appeal Tribunal, 2009 BCSC 1574). It is not necessary that the injury be the dominant or most significant cause as expressed in (Schulmeister v. British Columbia (Workers’ Compensation Appeal Tribunal), 2007 BCSC 1580).
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