What is the test for determining whether a claim can be successful at the Workers’s Compensation Appeal Tribunal?
British Columbia, Canada
The following excerpt is from WCAT-2012-02294 (Re), 2012 CanLII 54381 (BC WCAT):
As noted in Lalli v. British Columbia (Workers’ Compensation Appeal Tribunal), 2010 BCSC 1501, evidence, viewed reasonably, must be capable of supporting a tribunal’s findings of fact. There must be evidence to support material facts. Evidence must be capable of supporting inference. If there is no evidential basis for inference or for a material fact, a decision is patently unreasonable.
Also of relevance are comments in Srochenski v. British Columbia (Workers’ Compensation Appeal Tribunal), 2009 BCSC 1488, to the effect that, while a court cannot engage in a weighing of the evidence before a tribunal or a determination of the sufficiency of the evidence, a court is not precluded from assessing whether a particular piece of evidence is relevant, probative, or capable of supporting a particular inference.
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