Canadian Safety Reporter - sample

CSR | November 2017 | News ery three months to determine if prescribed drugs already ap- proved were still necessary, but sometimes they listed different medications and omitted ones that had been approved. These forms were different from what were sent to his doctor. Lawson's doctor also some- times prescribed medications that the WSIB rejected for cov- erage but didn't provide a rea- son. This led to confusion over what was approved and caused more anxiety and pain for Law- son when he interacted with the WSIB. One doctor told Lawson she couldn't treat him if he required excessive paperwork from the WSIB as it took too long to com- plete and didn't seem to have a point, as her opinion about his medication needs seemed to be ignored. Lawson eventu- ally stopped taking narcotic medications because of their side effects but didn't request entitlement for his marijuana prescription. Lawson received psychologi- cal treatment starting in 2005, some of which were covered by his benefits. In January 2013, a nurse consultant for the WSIB said a progress report would be needed before entitlement to further treatment would be con- sidered, but Lawson's psychia- trist said his assessment was the same as the previous year when treatments were approved. The psychiatrist submitted a re- port indicating Lawson needed emergency treatment, but it was denied with reference to a 2010 review that stated Lawson's con- dition hadn't changed and con- tinued psychological treatment wouldn't provide further benefit. In May 2013, Lawson — through his legal counsel — re- quested accommodation for his disability that was exacerbated by his dealings with the WSIB. The WSIB responded that it had dealt with Lawson's issues ap- propriately, though accommo- dation wasn't addressed. In July 2014, Lawson re- quested that the communica- tion restriction be lifted. The WSIB told him it had decided to remove "the no-trespass restric- tion allowing you to enter WSIB offices," though no such restric- tion had been imposed — only on telephone communication, which it had also removed with- out informing Lawson. Lawson requested more psy- chological treatment entitle- ment, and the WSIB once again requested an updated progress report. Soon after this, Lawson stopped communicating with the WSIB because he found it too stressful. He filed a second human rights complaint alleging discrimination with respect to services because of his disability. The tribunal noted that Law- son's experience with the WSIB "would have been frustrating for most people," as it included con- tradictory requests for informa- tion, contradictory information about medication, delays, lack of explanations, and "seemingly arbitrary and excessive demands for information that was not necessary." The tribunal found the drug verification forms and other re- quests for information, along with the confusion they caused, contributed to "considerable stress" for Lawson. In addition, the requests for additional psy- chological treatment weren't ad- dressed quickly and the WSIB continued to ask for more infor- mation that wasn't needed once Lawson's doctor submitted a re- port, said the tribunal. While the WSIB's processes and systems weren't discrimina- tory on their own — Lawson was treated the same as other injured workers — the tribunal found that the WSIB's failure to ap- preciate their effect on Lawson because of his disabilities and special needs was. WSIB didn't consider effects of its processes on worker Though Lawson's extreme reac- tions to stress made it difficult for the WSIB to deal with him, the WSIB should have investi- gated processes that could have made it easier for both parties, said the tribunal, particularly since Lawson's issues were well- documented in medical assess- ments in his file. For example, some of Lawson's interactions with nurse consultants and case managers went well when he was treated with empathy and al- lowed to vent, but this was taken away when he wasn't allowed to communicate by telephone — a measure that may not have been intended to be punitive but was in its effect, said the tribunal. In addition, when Lawson formally requested accommo- dation, the WSIB didn't address it, though it could have helped matters. The WSIB should have had a process in place to inves- tigate if there was an issue for which it was obligated to ac- commodate under the Ontario Human Rights Code, the tribu- nal said. The tribunal determined that Lawson suffered from "a sig- nificantly heightened level of stress and frustration because of his various disabilities" and his dealings with the WSIB caused "acute exacerbation of his dis- ability." The WSIB failed to con- sider the impact of its processes and poor communication on Lawson's disability and as a result infringed on his right under the code to fair provision of services. The tribunal indicated it would hear submissions about possible remedies in a future hearing. For more information see: • Lawson v. Workplace Safety and Insurance Board, 2017 HRTO 851 (Ont. Human Rights Trib.). WSIB's handling < pg. 5 WSIB's bureaucracy exacerbated worker's anxiety ©2017 Thomson Reuters Canada Ltd ISBN/ISSN: 978-0-7798-2810-4 All rights reserved. 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