Merits and Justice of the Case
December 31, 2013 and still in effect
Every decision of the Yukon Workers’ Compensation Health and Safety Board (YWCHSB) 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 YWCHSB policies and provisions of the Workers’ Compensation Act S.Y. 2008 (the "Act").
The Act discusses the presumption of work-relatedness ("the presumption"). If an injury arises out of or in the course of a worker’s employment, the injury is presumed to be work-related unless the contrary is shown (see "The Presumption of Work-relatedness").
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 dependent 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 YWCHSB policy, decision-makers have ample opportunity to exercise their discretion to ensure compassion, respect and fairness in all decisions.