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ARTICLE · 28 OCTOBER 2014

WSIB Limits On Mental Stress Claims Found Unconstitutional

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In a decision released April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal declared certain provisions of the Ontario Workplace Safety and Insurance Act unconstitutional.

CanadaEmployment and HR
Evan Campbell
Evan Campbell
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In a decision released April 29, 2014, the Workplace Safety and Insurance Appeals Tribunal ("WSIAT") declared certain provisions of the Ontario Workplace Safety and Insurance Act ("WSIA") unconstitutional.

The decision (indexed as December No. 2157/09) involved a nurse who was diagnosed with a psychological adjustment disorder which was attributed to workplace stressors. The claimant experienced ongoing harassment from a doctor over a 12 year period. The harassment included yelling and demeaning her in front of colleagues. The worker was effectively demoted when her workplace responsibilities were reduced after she raised her concern regarding the mistreatment with her team leader. The nurse was unable to continue working.

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