A recent decision of the Workplace Safety and Insurance Appeals Tribunal (WSIAT) provides guidance on the Tribunal’s approach to adjudicating overlapping claims for psychological injuries.
Background
The Worker, a 911 emergency communications operator for a municipal police service, was injured on July 9, 2015, when her personal vehicle was struck by a co-worker’s vehicle in the employer’s parking lot.
An Appeals Resolution Officer (ARO) decision determined that the worker was entitled to benefits for Chronic Pain Disability (CPD). However, the ARO denied ongoing entitlement to the worker for psychological conditions, including post-traumatic stress disorder (PTSD), major depressive disorder (MDD), and adjustment disorder, under the psychotraumatic disability policy. The ARO concluded that these conditions were encompassed within the CPD entitlement.
The ARO also found that the worker did not meet the criteria under the presumptive PTSD policy (Policy 15-03-13), because the Worker had been off work on leave for approximately 4 years at the time of diagnosis.