Canadian Employment Law Today | 3
Canadian HR Reporter, a Thomson Reuters business 2014
Cases and Trends
Mental distress compensation
awarded by Ontario tribunal
Standard restricting workers compensation for mental stress
to that caused by sudden and unexpected events discriminatory
By RoNaLd MiNkEN
The liMiTs On chronic mental stress
claims in the Ontario Workplace Safety In-
surance Act (WSIA) are contrary to the Ca-
nadian Charter of Rights and Freedoms, the
Ontario Workplace Safety and Insurance
Appeals Tribunal has ruled. e tribunal
refused to uphold the legislation's limits on
mental health claims, allowing workers with
mental stress claims not based on sudden,
traumatic and unexpected events to receive
compensation under the WSIA.
e claimant worker was a nurse at a hos-
pital who was mistreated by a physician for
12 years. e physician yelled at the nurse
and made demeaning comments about her
in front of both colleagues and patients.
However, there was no physical mistreat-
ment. Even though the nurse and co-work-
ers complained about the physician's be-
havior to management, no action was taken
against the physician. Instead, management
advised the nurse that her duties would be
reduced, though her job title and classifica-
tion would not change. e nurse claimed
workplace stressors led to her diagnosis of
adjustment disorder with mixed features of
anxiety and depression.
e nurse brought an application for
damages due to mental stress to the Ontario
Workplace Safety and Insurance Board
(WSIB), but her application was denied.
She appealed, alleging that the mental stress
provisions in the WSIA violated her section
15 equality rights under the charter.
Workers compensation
To be eligible for compensation through the
WSIA, claimants only need to show they fall
under the provision of the WSIA. Unlike
civil claims, compensation is not based on
fault; there is no need to show the employer
was negligent. As all employers contribute
to the compensation scheme, workers also
do not have to worry their claims will not
be paid out. However, in exchange for these
benefits, workers whose claims fall under
the WSIA are precluded from suing their
employer in civil court.
e current WSIA legislation and associ-
ated policy manual differentiates between
wsia on page 9 ยป
