The MGEU was recently successful in challenging a new, and to this point untested, Workers Compensation Board (WCB ) policy designed to address psychological injury in the workplace.
This is a significant development because it thwarted a WCB effort to use different criteria to define “accident” under the WCB Act for conditions that are psychological in nature. It has normally applied the same definition to all forms of accident, whether physiological or psychological.
During the hearing, the MGEU argued that this new policy should be considered invalid by the WCB Appeal Commission because it conflicts with current WCB legislation – specifically, it tried to change the definition of “accident” for one particular type of injury.
The claim involved a worker who had filed a WCB claim for Post-Traumatic Stress Disorder (PTSD) and was ultimately denied the claim because of the new definition of “accident” in the new policy.
In their decision, the Appeal Commission agreed with the MGEU’s arguments concerning the conflict between the Act and the Policy, and accepted the worker’s claim.
Having it reversed was not only beneficial to the member, but to other workers as well going forward, as it will provide important direction to the WCB with regard to the manner in which psychological conditions are adjudicated in the future. This means that there should be no distinction or higher adjudicative standard between psychological and physical injuries.
The Appeal Commission’s decision on the MGEU challenge to "The Adjudication of Psychological Conditions" can be found here.