Canadian HR Reporter

CANADIAN HR REPORTER November 28, 2016 NEWS 7 " at could include workplace- induced stress as a result of being involved with traumatic events." As part of the changes, employ- ers in Saskatchewan will need to rebut the claim for injuries such as post-traumatic stress disor- der (PTSD), whereas in the past, that burden of proof fell on the employee. Workers will still be required to provide a diagnosis from a psychologist or psychiatrist in Saskatchewan, according to the government. Saskatchewan followed in the footsteps of neighbouring Mani- toba by including all employees, assured that the changes would not give rise to problems, said Morgan. Workers were hav- ing trouble meeting the eviden- tiary burden necessary to be compensated. "It doesn't necessarily mean the claims weren't well-founded," he said. Sometimes, psychological in- juries do not surface immediately after a traumatic experience, and sometimes they are a compilation of several similar incidents before the eff ects are felt, said Morgan. "When we realized the chal- lenges, we felt it was a right thing to do," he said. "We want to support the workers in our province and I think most jurisdictions would as well. From a pushback point of view, there hasn't been any. ere was strong support for it." While Morgan said he expects a jump in claims in Saskatchewan, he does not expect workers' com- pensation premiums to rise. e new ruling makes a lot of sense in terms of injured workers receiving treatment when needed, said Alf Kempf, an employment lawyer at Pushor Mitchell in Kelowna, B.C. "There's a presumption that applies which means that it will speed up their access to the ben- efi ts of the legislation," he said. " at makes a lot of sense. Doc- tors will tell you that the sooner the person can obtain treatment, particularly for a psychological injury, the better." e longer someone goes with- out treating an injury of this na- ture, the more likely it becomes a permanent disability, said Kempf. "In B.C., it will take a little bit longer for the employee to satisfy all of the hurdles." Employers may need to "take a breath" when examining this leg- islation, said Kempf. "A lot of employers worry about the costs of a claim impacting their experience rating," he said. "So if you get a lot of claims, you could end up paying a higher premium for the workers' compensation insurance. But what it does mean is more immediate help, which means that maybe the situation is not going to result in a permanent disability and maybe the employ- ee will get better faster." "And if it's a bogus claim, the employer is not precluded from convincing the board that it's not a valid claim. In practice, what that will mean is the claim costs will be reversed. e employee will still get prompt attention. I think that's the motive behind this — get these people who are mentally suff ering some assistance before a long adjudication process." Problems could arise However, the change isn't free of complexities and complications, said Hamilton. "From an employer perspective, I understand the motivation of the government," he said. "I don't think there will be any employers in the (emergency services) sector who would have a reaction which would say this is unnecessary and there shouldn't be some recognition for what these employees go through." Outside of that sector, how- ever, "mischief can happen," said Hamilton. "It seems like general practitio- ners in the medical fi eld are more and more willing to diagnose PTSD. at's where the impact for workers' compensation comes in." Because psychological injury goes undefi ned in the legislation, restricting application to traumat- ic events "that are clearly on the upper end of the scale" would be preferred, said Hamilton. "Now, we're dealing with an undefi ned term," he said. "How do you assess what is something that is psychologically harmful to an individual, when every individual has diff erent tolerance levels? Like most legislation, the devil is in the details in terms of how it's being interpreted and applied." 'Devil in the details': Lawyer SASKATCHEWAN < pg. 1 Breaking down access barriers Canadian human resources consulting company Morneau Shepell added a trauma assist program to its employee and family assistance program earlier this year, according to Barb Veder, vice-president of clinical services and research lead at Morneau Shepell in Ottawa. "Historically, one of the biggest barriers to treatment is access — people feeling uncomfortable to access the program," she said. "It is important for the employer to look holistically at how they can support their employees." Encouraging workers to use the program can help those affected with a psychological injury to get help before incidents accumulate and it becomes a disability, said Veder. Companies should work to analyze current programming, invite comment from all stakeholders, and ensure benefi ciary resources are being used appropriately, she said. "If you've got all your funding and support in the disability bucket — in short-term and long-term disability — then your strategy is probably weak. There are things that organizations can do in program design to help shape a program that will help people at an earlier stage." 2017 www.hrpa.ca/awards

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