What the panel treated as outcome-determinative, and which side it favoured.
Applicant was injured on employer's premises during her shift.
Favours Applicant prevailed
Injury on premises during employment creates presumption of AOE/COE unless connection is remote.
From the decision · page 4Applicant testified that a co-worker took a phone order on the day of the incident, wherein
the caller asked about applicant by name, e.g., asked if the applicant worked there. Applicant's
co-worker confirmed that applicant worked there and also told the caller that applicant was
working that day. (MOH/SOE, November 21, 2019 trial, at 3:17-19.) Defendant does not dispute
the veracity of applicant's testimony. Moreover, defendant called no witnesses at trial, so
applicant's testimony is uncontradicted. If, as here, an injury occurs on the employer's premises
while the worker is in the course of their employment, it is presumed that the injury also arises out
of the employment where the employment is a contributory cause. (Schick, supra, at 160.)
Co-worker disclosed applicant's presence to a caller on the day of the attack.
Favours Applicant prevailed
Disclosure created a connection between employment and injury, making employment a contributing cause.
From the decision · page 4Applicant testified that a co-worker took a phone order on the day of the incident, wherein
the caller asked about applicant by name, e.g., asked if the applicant worked there. Applicant's
co-worker confirmed that applicant worked there and also told the caller that applicant was
working that day. (MOH/SOE, November 21, 2019 trial, at 3:17-19.) Defendant does not dispute
the veracity of applicant's testimony. Moreover, defendant called no witnesses at trial, so
applicant's testimony is uncontradicted. If, as here, an injury occurs on the employer's premises
while the worker is in the course of their employment, it is presumed that the injury also arises out
of the employment where the employment is a contributory cause. (Schick, supra, at 160.)
No medical evidence admitted regarding injury to other body parts.
Favours neutral
Unable to evaluate AOE/COE for other body parts; issue deferred.
From the decision · page 6report, p. 2, MOH/SOE, p. 2.) While applicant may have sustained injury to other body parts, no
medical evidence was admitted2 and as such we are unable to evaluate injuries to other body parts.