Alerts - May 07, 2009

Judicial Review on Mental Stress Policy

The British Columbia Court of Appeal has issued its decision in Plesner v. British Columbia Hydro and Power Authority (2009 BCCA 188) (Plesner). The court declared that some of the provisions of WorkSafeBC's policy on mental stress (item #13.30 of the Rehabilitation Services and Claims Manual, Volume II) contravene the equality provisions of the Canadian Charter of Rights and Freedoms.   Click here for a summary of the court's decision in Plesner.

The majority of the court severed those provisions of item #13.30 and declared them to be of no force and effect.  The majority concluded that the descriptor of "traumatic event" in section 5.1(1)(a) of the Workers Compensation Act, as qualified in item #13.30, gives rise to substantive discrimination on the basis of mental disability as the ability of persons suffering from mental stress to access compensation and other benefits is significantly restricted in comparison with workers suffering physical injuries.  The court found that those with mental stress have to show that they suffer a work related injury, and in addition, that the work related injury was caused by a traumatic event, which item #13.30 further qualifies by requiring that the event be akin to "horrifying".  Whereas, those who suffer physical injuries merely have to show that they suffered a work related injury to receive compensation.  Click here for item #13.30 with the portions that are of no force and effect struck out.

If you are an appellant, respondent, or representative on an active appeal currently before WCAT, where a worker's claim for mental stress was denied by WorkSafeBC's Review Division on the basis of policy item #13.30, WCAT will be writing to you to give you an opportunity to make submissions on how these revisions to the policy impact the appeal.  If you do not receive such an invitation by May 22, 2009 please contact Lily Chau at (604) 664-7817.