What is the case law on access to the milling machine at a milling facility where a worker has developed a procedure for accessing the machine using a six-foot ladder?
British Columbia, Canada
The following excerpt is from A2100583 (Re), 2021 CanLII 137806 (BC WCAT):
I accept the worker’s evidence. In line with Faryna v. Chorny, I consider it reasonable that the worker, in his circumstances of having developed a procedure for accessing the milling machine after injuring himself on the same machine in December 2019, felt embarrassed about sustaining a further injury while not using the six-foot ladder, and thinking his back injury would resolve in a short period of time, took a chance, so to speak, by reporting an injury that occurred underneath the shearing machine, which was the source of an earlier injury.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the procedure used by First Nations First Nations to obtain access to First Nations land? (British Columbia, Canada)
What is the test for expropriation of a property with the highest use and best use of near-term development? (British Columbia, Canada)
What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
Is a vehicle that is insured for farm use and pleasure use more than twice as much as the vehicle insured for the purpose of transporting the insured to and from work? (British Columbia, Canada)
What is the quantum of damages for loss of enjoyment of life, loss of exercise, and loss of access to facilities? (British Columbia, Canada)
What is the test for a property owner to continue to use the land where the use of the land is governed by two separate provisions? (British Columbia, Canada)
If a party can have challenged a foreign court’s procedural defects in that foreign proceeding, can that party collaterally attack the foreign procedural process before the Canadian court at the enforcement stage? (British Columbia, Canada)
Does a disciplinary board have a duty to follow the procedure of a judicial type of procedure? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
