Yukon Workers' Compensation Health and Safety Board

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Policies

Policy CL-54 - Merits and Justice of the Case

Effective Dates

February 17, 2004 to July 1, 2008

Series

Claims

General Information

Every decision of the WCH&SB must be based on the merits and justice of the case. This means decision-makers must take into account all facts and circumstances relating to the case, as well as all relevant WCH&SB policies and provisions of the Workers' Compensation Act (the Act).

The Act discusses the presumption of work relatedness ("the presumption"). If a disability arises out of or in the course of a worker's employment, the disability is presumed to be work related unless the contrary is shown (see Part B).

Decision-makers must assess and weigh all relevant evidence. Where there is doubt on an issue and the disputed possibilities are evenly balanced, the issue must be resolved in favour of the worker, or dependant of a deceased worker.

The purpose of this policy is to guide those required under the Act to make decisions concerning compensation benefits. Within the parameters of the Act and WCH&SB policy, decision-makers have ample opportunity to exercise their discretion to ensure compassion, respect and fairness in all decisions.