The Workplace Safety and Insurance Act provides:
If, in connection with a claim for benefits under the insurance plan, it is not practicable to decide an issue because the evidence for and against it is approximately equal in weight, the issue shall be resolved in favour of the person claiming benefits.
In determining any claim under the Act, the decision shall be made in accordance with the real merits and justice of the case, see 11-01-03, Merits and Justice. Where it is not practicable to determine an issue because the evidence for or against the issue is approximately equal in weight, the issue shall be resolved in favour of the person claiming benefits.
This policy is not to be used as a substitute for evidence. It is applied when the facts of a case are so evenly balanced that a clear decision is impossible.
This policy applies to all decisions made on or after December 1, 2001, for all accidents.
This document replaces 11-01-13 dated December 14, 2001.
This document was previously published as:
01-01-06 dated June 1989.
Workplace Safety and Insurance Act, 1997, as amended
Workers' Compensation Act, R.S.O. 1990, as amended
#8, June 24, 2004, Page 378