Considerations for Expansion of Presumptive Entitlement: Civilian Police Employees and Trauma
Many civilian employees of Police Services may be regularly exposed to traumatic content, whether directly or indirectly, due to their occupations. However, they are excluded from coverage under the Presumptive Policy. If they sustain psychological injuries due to their workplace exposures, their claims will only be considered for entitlement under the WSIB’s Traumatic Mental Stress […]
Abuse is Not “Part of the Job”
A civilian employee of a Police Service was working as an Administrative Assistant in the Financial Crimes Unit. Day after day, for a period spanning 18 months, she was verbally abused by irate citizens who had been victims of fraud. One day, it became too much, and she was no longer able to work. Diagnosed […]
Adverse Decision to an Adverse Reaction: Workplace Injury from a COVID-19 Vaccine
During the 2020 COVID-19 Pandemic, our First Responders continued working on the front line each day, facing probable exposure to what was a novel and dangerous virus. It wasn’t that long ago, yet some of us quickly forget how scary it was for those who did not have the option to work remotely from the […]
Traditional Limitations around Time, Place and Activity Criteria Don’t Apply to Cases of Sexual Assault or Harassment
In May 2017, a female police officer was sexually assaulted by a higher-ranking male officer while attending a retirement party. In a decision dated March 31, 2021, the WSIB Appeals Resolution Officer denied entitlement for her mental stress injury, because she found that the incident did not arise out of an in the course of […]
Why Police Budgets Matter: The Physical and Psychological Toll of Chronic Mental Stress
There’s been a lot of discussion in the news recently over the “staffing crisis” in policing. This presents a real occupational health and safety concern for police officers in our province. We all know that police officers will be subjected to traumatic events over the course of their careers. But what happens when an officer […]
Total Disability vs. Competitive Unemployability – What’s the Difference?
Can an injured worker be eligible for 100% LOE to age 65 even where there is no medical opinion confirming total disability? When determining whether an injured worker able to work in the general labour market, consideration must be given not only to their physical and/or psychological injuries, but also their personal characteristics such as […]
A Stroke of Bad Decisions: A K-9 Officer’s Pursuit of Justice from the WSIB
It started like any other regular day at work for this K-9 officer. But just before he finished his shift, he received a call about a suspect who was in pursuit. Lights and sirens on, he had to get to the opposite side of town and track down the suspect. Imagine the adrenaline rush while […]
Exonerated but Injured: A Police Officer’s 15 Year Fight for WSIB Entitlement
It’s a story that’s so unbelievable, you’d think it was an episode of Law and Order. But the only fiction in this story is the second life that my client’s co-worker created while impersonating her though electronic communications with another individual. My client, who we will refer to as “X”, is a police officer. She […]
PRESUMPTIVE LEGISLATION FOR ONTARIO FIRST RESPONDERS
Today marks the 6 year anniversary for the announcement of presumptive legislation for Ontario First Responders. I will never forget that day. A lot has changed in 6 years, but there is definitely more work to be done to address the stigma around the PTSD diagnosis, to support those who dedicate their lives to serving […]
WSIAT Decision 616/21: Right to Sue for Wrongful Dismissal not barred by WSIA in case of Mental Stress Claim
In Decision 616/21 the Vice-Chair ruled that a Plaintiff’s right to bring a civil action for punitive damages is not removed by the Workplace Safety and Insurance Act. This is because the Act does not provide compensation for the loss experienced as a result of wrongful dismissal. It is up to the Court to determine […]