Decision Nº Released_Decisions from Workplace Safety and Insurance Appeals Tribunal of Ontario, 07-06-2018

• Judge: R. McCutcheon : Vice-Chair S.T. Sahay : Member Representative of Employers K. Hoskin : Member Representative of Workers
• Judgment Date: 07 June 2018
• Judgement Number: Released_Decisions
• Hearing Date: 18 October 2017
• Issuer: Workplace Safety and Insurance Appeals Tribunal of Ontario

WORKPLACE SAFETY AND INSURANCEAPPEALS TRIBUNAL

Decision No. 3185/17

BEFORE: R. McCutcheon : Vice-Chair

S.T. Sahay : Member Representative of Employers

K. Hoskin : Member Representative of Workers

HEARING: October 18, 2017 at

hearing

DATE OF DECISION: June 7, 2018

NEUTRAL CITATION: 2018 ONWSIAT 1872

DECISION UNDER APPEAL: WSIB S. Crisostomo dated December 3, 2014

APPEARANCES:

For the worker: M. Russell,

For the employer:

Interpreter: Not applicable

REASONS

(i) Introduction to the appeal and the issue

1. The worker was granted initial entitlement for traumatic mental stress (TMS) related to incidents at work in October 2007. She was off work for a period of time and received Loss of Earnings (LOE) benefits until she returned to work in January 2008.
2. The worker appeals the decision of the ARO, which denied her claim for a recurrence of her TMS condition arising on June 6, 2012. This is the issue in this appeal.
3. The worker testified at the Tribunal hearing and her representative made submissions.

(ii) Background

4. The now 57-year-old worker started as a registered nurse with the accident employer, a rehabilitation/chronic care hospital, in April 2006.
5. In October 2007, she reported the onset of mental stress symptoms that she attributed to threats and verbal abuse from a cognitively impaired patient in a wheelchair. He was described as a patient with a severe injury who was prone to rages and outbursts.
6. The employer assigned the worker to a different unit away from the patient, but she reported still feeling stressed. On November 2, 2007, she informed the employer that she would be off for a few days due to the injury.
7. The worker was off from work until January 14, 2008. She returned to work in the same position on another floor, for which she had applied previously.
8. In and around the same time, the worker was subject to a disciplinary suspension from November 20, 2007 to November 24, 2007 for an improper interaction with the patient and his family in early October 2007. She grieved the suspension and her grievance was later settled. The suspension was reduced to a written warning.
9. The WSIB investigated the claim and granted entitlement under the TMS Policy in effect at that time. The worker received LOE benefits for the time she missed from work.
10. The worker was assessed by Dr. K. Fung, psychiatrist, in January 17, 2008, who diagnosed depressive disorder and adjustment disorder. She was prescribed antidepressant medication and received psychotherapy.
11. The worker continued to work, but reported difficulties to the WSIB in November 2008. The WSIB offered to refer her to a specialty program at the Centre for Addiction and Mental Health (CAMH), but that referral did not take place, apparently due to the worker’s reluctance to release medical...