WSIAT | Workplace Safety and Insurance Appeals Tribunal - Ontario

WSIAT | Workplace Safety and Insurance Appeals Tribunal - Ontario



    "The current policy that restricts entitlement  goes against Sec 15 in the Charter of Rights and Freedoms in Canada.    Ontario First Responders  and frontline staff  deserve  to be protected . Many workers and students  are unaware of this issue and they continue to face Trauma and Vicarious Trauma in the workplace. You can help , or dismiss  mental health issues as a sign of weakness , which carries  a large measure of Stigma."  Paul Murphy

  " The Panel concluded that s. 13(4) and (5) of the WSIA, and related Board policy, infringe the worker's right to equality as guaranteed by s. 15(1) of the Charter of Rights and that the infringement was not justified by s. 1 of the Charter. Accordingly, the Panel declined to apply s. 13(4) and (5) of the WSIA and the related Board policy to the appeal. As previously concluded in Decision No. 2157/09I, the worker's appeal would have succeeded but for s. 13(4) and (5) of the WSIA and the related Board policy. Accordingly, the worker had initial entitlement for mental stress. In reaching this decision, the Panel noted that the Charter challenge only pertained to the limitation of entitlement to mental stress that is an acute reaction to a sudden and unexpected traumatic event. The further provision of s. 13(5) of the WSIA that excludes entitlement for mental stress caused by the employer's decisions or actions was not before the Panel in this appeal. The appeal was allowed.  "

  http://www.wsiat.on.ca/NoteworthyDecSummary.asp?lan=E&dec_decid=58670