Psychological Injuries - background

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Psychological Injuries Policy

Bully-Free Workplaces International Conference

June 11-13, 2014

Psychological Injuries - background

• Injuries caused by exposure to workplace stress has received significant attention in recent years.

• Fall 2011, Board received a presentation on the compensability of stress, and areas of risk for constitutional challenge.

• Board directed staff to review this issue and provided recommendations.

• Staff conducted extensive research, and gathered internal and

external legal opinions on risks and potential mitigation

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Psychological Injuries - background

While each jurisdiction has its own unique approach to determine what is “compensable”, three categories of stress emerged;

 Acute onset: an acute response to a traumatic event.

 Cumulative onset: a response to multiple traumatic events.

Involves multiple events that, while meeting the minimum definition of traumatic, did not result in an acute reaction;

however, the accumulation of events over time resulted in the reaction to the final event causing a psychological injury.

 Gradual onset: an accumulation over time of a number of work related stressors that do not fit the definition of traumatic, or a significant work related stressor that has lasted for a long time and does not fit the definition of traumatic.

Psychological Injuries – Legislation

Nova Scotia Workers’ Compensation Act

• Section 2(a) “accident” includes

i. a willful and intentional act, not being the act of the worker claiming compensation,

ii. a chance event occasioned by a physical or natural cause; or

iii. disablement, including occupational disease, arising

out of and in the course of employment;

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Psychological Injuries – Legislation

Federal Employees - GECA

• The Government Employees Compensation Act (GECA) operates to apply the provincial WCB law to federal employees.

• Section 2 of GECA provides: “accident” includes a willful and intentional act, not being the act of the employee, and a fortuitous event occasioned by a physical or a natural cause.

Psychological Injuries – Legislation

• All workers covered by workers’ compensation are eligible for compensation for acute onset/traumatic stress.

• Effectively a different definition of accident under the Nova Scotia Workers’ Compensation Act than under GECA.

• Only federal employees may claim compensation for gradual onset/chronic stress as the federal legislation does not

expressly exclude chronic or gradual stress from the definition

of accident.

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Psychological Injuries – Consultation

Exclusions in both Policies

• Mental or physical conditions are not compensable when caused by labour relation issues or routine employment actions such as:

– A decision to change the worker’s working conditions – A decision to discipline the worker

– A decision to terminate the worker’s employment – Interpersonal relationships and conflicts

– Performance Management – Work evaluation

Between 2008-2011 WCB received;

• 107 GECA claims (18 approved, 17%)

• 345 claims (42 approved 12%) under the Provincial legislation.

• 112,000 total claims (28,700 approved time loss, 26%).

Scope of Impact

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Psychological Injuries – Consultation

• April 24

^th

policy consultation on “Compensability of Workplace Stress” was issued for feedback.

• Paper recommended two specific areas of policy development;

a) Creation of new Provincial policy on stress;

• Current definition of accident under the Provincial legislation, Section 2(a) (iii) limits compensable stress.

b) Revisions to GECA Policy 1.3.6;

• Modernize language around use of examples for

traumatic event and wording of “unusual and excessive”

as defined in the current policy.

Psychological Injuries Policy

• Consultation closed on October 31, 2013.

• Significant feedback was received and based on feedback, staff provided policy options for the Board to consider.

• The Board accepted the recommendations

and approved the final policy revision in

March 2014.

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Significant issues raised via consultation

• Concerns around the use of the words cumulative traumatic events” and the classification as a separate type of stress.

• Bases of assessing traumatic event

“Objectively and reasonably assessed”.

• Citing “extreme workplace harassment” as an example traumatic event.

Psychological Injury Policy – 1.3.9

Policy Statement

The WCB will consider claims for compensation under the Nova Scotia Workers’ Compensation Act when the condition results from stress that is a reaction to one or more Traumatic Events and the specified criteria outlined below are satisfied.

Traumatic Event(s)

Is defined as a direct personal experience of an event or directly witnessing an event that is:

– Sudden;

– Frightening or shocking;

– Having a specific time and place; and

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Psychological Injury Policy – 1.3.9

Criteria for Traumatic Onset Stress

Claims for psychiatric or psychological injuries resulting from Traumatic Events may be compensable if all of the following four criteria are satisfied:

i. There must be one or more Traumatic Event(s) as defined herein;

ii. The Traumatic Event(s) must arise out of and in the course of employment;

iii. The response to the Traumatic Event(s) has caused the worker to suffer from a mental or physical condition that is described in the DSM; and

iv. The condition is diagnosed in accordance with the DSM and by a health care provider being either a psychiatrist or a clinically trained psychologist registered with the Nova Scotia Board of Examiners in Psychology.

Thank You

Questions?