Canadian Safety Reporter

3 Canadian HR Reporter, a Thomson Reuters business 2016 News | April 2016 | CSR Ontario proposal presumes work-related PTSD in first responders Post-traumatic stress disorder, first responders, and presumed entitlement to worker's compensation benefits: What does it mean for Ontario employers? BY CARISSA TANZOLA ON FEB. 18, 2016, the Ontar- io government proposed Bill 163: An Act to amend the Workplace Safety and Insurance Act, 1997 (WSIA) and the Ministry of La- bour Act (MOLA) — also known as Supporting Ontario's First Responders Act (Post-traumatic Stress Disorder), 2016. As of Feb. 23, 2016, Bill 163 made it to sec- ond reading. If passed, Bill 163 will allow first responders faster access to Ontario WSIA benefits by re- moving the need to prove a caus- al link between post-traumatic stress disorder (PTSD) and a workplace event, instead creat- ing a presumption that PTSD diagnosed in a first responder was sustained "out of and in the course of employment." This as- sumption is intended to address the fact that first responders are at least twice as likely as mem- bers of the general public to suf- fer PTSD given the risk of routine exposure to traumatic stressors. The proposed legislation would apply to more than 73,000 first responders in Ontario including employees of healthcare provid- ers, municipalities and correc- tional services. As the likely result of Bill 163 will be an increase in successful PTSD claims, the cost of work- er's compensation coverage, pri- marily for Schedule 2 employers, is expected to rise. Affected em- ployers should therefore look for ways now to proactively manage these anticipated costs and, at the very least, budget for them. The current landscape At present, s. 13 of the WSIA allows a worker who sustains a personal injury by an accident arising "out of and in the course of his or her employment" to col- lect worker's compensation ben- efits. There is a presumption the injury occurred in the workplace unless the contrary is shown. However, a worker is not en- titled to benefits for "mental stress" (including PTSD) unless the worker has "an acute reac- tion to a sudden and unexpected traumatic event arising out of and in the course of his or her employment." This means that while a worker (including a first responder) is currently eligible for worker's compensation ben- efits for a mental health condi- tion, the onus is on the worker to prove the mental illness or injury fits within the somewhat narrow parameters set out in the WSIA and subsequent interpretations. As a result, it can be a difficult and long process to get benefits. The details of Bill 163 As it is currently drafted, Bill 163 amends the WSIA as follows: It is presumed that the follow- ing first responders, once diag- nosed with PTSD, sustained the disorder out of and in the course employment: • full-time, part-time and volun- teer firefighter • fire investigator • police officer • member of a First Nations emergency response team • paramedic • emergency medical attendant • communication officer (for purposes of the Ambulance Act) • worker in a correctional institu- tion • worker in place of a secure cus- tody or place of secure tempo- rary detention • worker whose duties include dispatching firefighters and po- lice officers. The above noted presumption may be rebutted with evidence. However, the onus is on the em- ployee. The diagnosis of PTSD must be made by a psychiatrist or psy- chologist using the current DSM- 5 diagnosis regime. Benefits will Credit: Shutterstock Training > pg. 9

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