In 2014, a Correctional Officer was diagnosed with Complex PTSD after being exposed to numerous traumatic events while working at a youth correctional facility. Two years later, she was permanently restricted from working in a correctional setting. Her employer offered her a new role as a Ferry Deck Hand their Health Reassignment Program, but it came with a significant pay cut.
A few months into her new position, this worker suffered a serious physical injury, which led her to discover that she could file a claim with the WSIB for her mental stress injury. Unfortunately, her claim was initially denied for two reasons: she couldn’t provide corroboration of the traumatic events she had experienced, and there was evidence of a pre-existing psychological condition. Because of the timing of her claim, she did not benefit from the presumption under Bill 163.
After a very emotional hearing, the WSIAT ruled in her favor and allowed initial entitlement for PTSD related to her work as a correctional officer under the Traumatic Mental Stress Policy. The Panel applied the “thin skull” doctrine, acknowledging that while her past history made her more vulnerable to psychological injury, it does not preclude entitlement. They also confirmed that corroboration of the traumatic events was not necessary, as her testimony and medical records provided sufficient evidence to support the events occurred.
You can read more about my client’s story here.