How has the policy of workers’ compensation coverage been applied in relation to dental seminar travel?

British Columbia, Canada

The following excerpt is from WCAT-2011-02073 (Re), 2011 CanLII 74972 (BC WCAT):

WCAT-2010-01596, Cesar v. Singh et al., applied the policy at item #20.30 in finding that workers’ compensation coverage did not apply in relation to a dentist’s travel to attend a dental seminar. That decision reasoned: Upon careful consideration of the general factors listed under item #14.00, and the specific guidance provided by item #20.30, I find that the plaintiff’s attendance at the dental course in Florida is appropriately addressed on the basis of the distinction made in item #20.30. The policy provides that a distinction must be drawn between things workers must do to become and continue to be qualified to perform a particular job and the things they must do as part of the job. Generally speaking, only the latter activities are covered. The policy further explains that a person may need to spend some time in an educational or training institute to obtain or maintain the qualifications necessary for a particular job, but that person is not normally covered while attending that institution. I find that the plaintiff’s circumstances are appropriately addressed under the wording of this last sentence, and that there are no compelling reasons supporting a different conclusion in the circumstances of her case based on the factors at item #14.00.

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