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Question
Burton Ernie had been a bus driver for 6 years, when suddenly he developed serious back and knee pains. It also seems he has bit of a sleeping disorder but let's ignore that for the purposes of this question. After seeing his doctor, Burton filed a WSIB claim - stating that the injuries were related to his job. Burton's argument was that his back problems were due to the long hours spent driving, particularly because he was forced to drive an older bus on a route with heavy construction - causing excessive vibration. He believed his knee pain, for which he had surgery, was caused by repeatedly hitting his knee on the fare box as he slid in and out of his seat.
Burton had his claim rejected by the WSIB case worker who didn't believe these were related to his job duties. If he appealed, what factors would the WSIAT consider in deciding whether Burton's injuries arose "out of and in the course of his employment?
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