Emotional injuries are compensable in Ontario and in other Canadian jurisdictions. In saying this, however, mental stress claims are not accepted under the Workplace Safety and Insurance Act (the Act) unless the mental stress is ". . . an acute reaction to a sudden and unexpected traumatic event arising out of and in the course of . . . employment." (See sections 13(4) and (5) of the Act.) Section 13(5) of the Act goes on to clarify that ". . . the worker is not entitled to benefits for mental stress caused by his or her employer's decisions or actions relating to the worker's employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the employment." The WSIB (Workplace Safety and Injury Board) has a number of formal policies associated with sections 13(4) and (5) of the Act to guide WSIB Claims Adjudicators and Case Managers, and which assist the understanding of employers and workers on how claims are being adjudicated. Essentially, dramatic workplace events (workersxzcompxzkit) must be objectively significant before entitlement is granted. There is also entitlement for psychological disability where a mental or emotional condition is causally connected to an organic injury. For example, clinical depression may be compensable if the depression follows a permanent impairment. Lastly, the Act compensates for chronic pain. Chronic pain is something that cannot be explained by an organic cause. It is often associated with soft tissue injuries that do not resolve within "normal healing times." (The WSIB has a "normal healing time" policy). Chronic pain entitlement arose out of a WSIAT leading case, WCAT Decision No. 915, which is available on the WSIAT website. Atty. Brady acted as counsel to the employer in this case and is available to answer questions.
Brady. Attorney Brady can be reached at 416-864-7310 or david-brady@hicksmorley.com www.hicksmorley.com Do not use this information without independent verification. All state laws are different. Consult with your corporate legal counsel before implementing any cost containment programs. ©2008 Amaxx Risk Solutions, Inc. All rights reserved under International Copyright Law. If you would like permission to reprint this material, contact Info@WorkersCompKit.com
