British Columbia Workers’ Compensation Appeal Tribunal Comments on Acceptable Use of AI

A recent decision from the British Columbia Workers’ Compensation Appeal Tribunal (BC WCAT) considered whether any weight should be afforded to a self-represented party’s written submissions that were admitted to having been prepared with the assistance of AI.

The submissions were given weight and the tribunal commented:

Use of Artificial Intelligence to Prepare Submissions 

[11]        The worker noted multiple times in his written submissions that they had been prepared with the assistance of artificial intelligence. My understanding of the worker’s commentary is that for the most relevant aspects of his written submissions he used artificial intelligence to organize his evidence and thoughts. I note that much of the worker’s written submissions on appeal mirror the discussions he initially had with the Board over the telephone regarding his claim.

[12]        I acknowledge the employer’s submission that the courts have cautioned against the weight that can be given to submissions that are crafted using artificial intelligence. I agree that such submissions must be scrutinized given that they may contain references to facts, law, and legal precedent that are inaccurate, or simply not true.

[13]        I find that this is not a case where the substantive content of the worker’s written submissions was generated by an artificial intelligence platform. Rather, I find that the worker largely used artificial intelligence to organize his evidence and submissions in writing, and that the arguments and thoughts in his submissions are his own and I can still give them weight.

This provides some guidance for lawyers on the parameters and acceptable use of AI.

• The party relying on AI was upfront about its use.

• AI was used to organize original thought and evidence into writing. The written submissions were consistent with earlier evidence.

• Always expect that work prepared with the assistance of AI will be scrutinised. Attention should be paid to ensuring proper time management, delegation, and oversight.