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7 Canadian HR Reporter, a Thomson Reuters business 2019 News |Canadian Safety Reporter alone and startled her. This was unexpected as the door to the laundry room was supposed to be locked and residents weren't supposed to have access. How- ever, the lock was broken and the resident was able to enter the room. The worker's stress symptoms increased because of this inci- dent and the worker once again had to stop working. Her family physician reported that she had symptoms of stress and anxiety and had been diagnosed with PTSD, recommending that she "needs to work in guaranteed safety." The worker was off work for nearly five months until Sep- tember 2013, when she returned to accommodated work duties at the retirement home follow- ing WSIB-approved psychologi- cal treatment. She continued to work in the laundry room with the lock on the door repaired, along with certain other tasks that limited her exposure to resi- dents. The worker again applied for entitlement for benefits for a recurrence of her mental injury and loss-of-earnings benefits for the five months she was off work following the April 2013 inci- dent. However, the WSIB denied her claim on the grounds there was insufficient evidence her condition had significantly de- teriorated. The worker appealed the decision to the Workplace Safety and Insurance Appeals Tribunal. The tribunal referred to the WSIB policy document on re- currences that stated "workers are entitled to benefits for a re- currence of a work-related injury where there is a clinical compati- bility between the original injury and the current condition, or a combination of clinical compat- ibility and continuity." The tribunal found that af- ter the April 2013 incident, the worker felt nervous, started crying, and had to go home. Her family physician's report mentioned stress, anxiety, and PTSD, which "clearly establishes compatibility of the diagnosis and symptoms with the worker's initial diagnosis of PTSD," the tribunal said. The incident itself was not a significant event, but the worker's emotional reaction to it was likely related to the ini- tial mental stress injury suffered in March 2010, said the tribunal. The tribunal also found that at the time of the April 2013 inci- dent, she had been performing ongoing modified work due to her symptoms. This demon- strated a "continuity of symp- toms after the original mental stress injury." In addition, the medical evi- dence indicated the worker was unable to return to work during the five months following the recurrence without treatment, and required accommodation when she did return in Septem- ber 2013. The tribunal noted that the WSIB's decision-making in this matter didn't point to any evi- dence that suggested a lack of compatibility with the original mental stress injury and the re- currence suffered by the worker in April 2013. As a result, it de- termined the incident induced a recurrence of the original injury and warranted entitlement to benefits under the WSIB recur- rences policy. The WSIB was ordered to provide the worker with loss- of-earnings benefits for the period from the recurrence in April 2013 until she returned to accommodated work in Septem- ber 2013. For more information see: • Decision No. 2764/18, 2019 CarswellOnt 151 (Ont. Work- place Safety and Appeals Trib.). PTSD, stress symptoms worsened after new incident Benefits < pg. 3 Platinum Sponsor Reception Sponsor CALLING ALL Safety HEROes NOMINATIONS CLOSE May 24 Is your safety, wellness, mental health or young worker programming saving citizens far and wide? It's time to recognize your OHS team for their superpowers. Heed the call for Canada's Safest Employers awards. Gold Sponsor Gold Sponsor safestemployers.com Sponsorship opportunities available | Paul.Burton@tr.com Strategic Partner Bronze Sponsor Bronze Sponsor Presented By

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