Skip to content

Brought to you by

Dentons logo

Canadian Occupational Health & Safety Law

Keeping you current on OHS Laws and Developments in Canada.

open menu close menu

Canadian Occupational Health & Safety Law

  • Home
  • About Us

WSIB violated Human Rights Code in dealings with injured worker who had psychological conditions, human rights tribunal decides

By Adrian Miedema
September 1, 2017
  • Caselaw Developments
Share on Facebook Share on Twitter Share via email Share on LinkedIn

The Ontario Workplace Safety and Insurance Board failed to accommodate the needs of an injured worker with psychological conditions, the Human Rights Tribunal of Ontario has decided.  The HRTO found that the WSIB failed to consider the impact of its administrative processes and poor communication of decisions on the worker, in light of his special needs due to his psychological condition.

The worker was injured at work in 2002.  He was receiving full “Loss of Earnings” benefits from the WSIB.   He had a number of psychological conditions including anxiety, depression marked by suicidal ideation, a pain disorder with psychiatric features, personality disorder and Attention Deficit Disorder.

The HRTO, in its decision, noted that the worker had a “bitter and tumultuous” relationship with a WSIB adjudicator.  At one point, the worker asked for accommodation, claiming that his “psychological disability . . . is exacerbated to dangerous and harmful levels by dealing with the WSIB . . .”

The HRTO held that the WSIB provides a “service” and that, therefore, the Human Rights Code requires it to do so in a non-discriminatory manner.

The HRTO found that the worker’s experience dealing with the WSIB would have been frustrating for most people. His experience “included contradictory requests for information, contradictory information about what was allowed and what was not, very extensive delays, lack of explanation for various decisions that were made, and seemingly arbitrary and excessive demands for information that was not necessary.”

The HRTO stated:

“The processes and systems become discriminatory because of the failure to appreciate their effect on this particular injured worker because of his multiple disabilities and special needs.

“In coming to this conclusion, I am quite aware that the applicant’s sometimes extreme reactions to stress can make it very difficult to deal with him. On the occasions when the applicant was self-represented in this proceeding, it was often very difficult to proceed with the adjudication of the issues.”

In conclusion, the HRTO decided:

“In conclusion, I accept the evidence of the applicant and Dr. Cobrin that the applicant experiences a significantly heightened level of stress and frustration because of his various disabilities. I accept Dr. Cobrin’s evidence that the applicant has a very limited capacity to deal with stress and that his dealings with the WSIB in particular result in acute exacerbation of his disability, including suicidal ideation. I accept that these symptoms eventually caused the applicant to not seek entitlement to health care benefits, including entitlement for treatment for acute psychological crisis.

“I find that the respondent failed to consider the impact of its administrative processes and poor communication of decisions on the applicant in light of the special needs he has as a result of his disabilities.”

“I conclude that these circumstances mean that the respondent infringed the applicant’s rights under the Code.”

The HRTO stated that it would schedule a one-day hearing to hear submissions about possible remedies to which the worker would be entitled under the Human Rights Code, given the WSIB’s violation of the Human Rights Code in its dealings with him.

Lawson v. Workplace Safety and Insurance Board, 2017 HRTO 851 (CanLII)

Share on Facebook Share on Twitter Share via email Share on LinkedIn
Subscribe and stay updated
Receive our latest blog posts by email.
Stay in Touch
Adrian Miedema

About Adrian Miedema

Adrian is a partner in the Toronto Employment group of Dentons Canada LLP. He advises and represents public- and private-sector employers in employment, health and safety and human rights matters. He appears before employment tribunals and all levels of the Ontario courts on behalf of employers. He also advises employers on strategic and risk management considerations in employment policy and contracts.

All posts Full bio

RELATED POSTS

  • Caselaw Developments
  • Safety - Risk Management

Safety Violations Get 37-Year Employee Fired for Cause

We don’t often hear of 37-year employees being fired for just cause.  An arbitrator has recently upheld the dismissal of […]

By Adrian Miedema
  • Caselaw Developments

Zero-tolerance “Safety Absolute” Upheld: One Tie-Off Violation Gets Employee Fired for Cause

Zero-tolerance safety rules, often called “Life Saving Rules”, “Cardinal Safety Rules” or “Safety Absolutes”, are becoming more common in industry.  An […]

By Adrian Miedema
  • Caselaw Developments
  • Prosecutions / Charges
  • Safety Professionals - Practice Issues

OLRB confirms 30-day hard-stop deadline for appealing Ontario MOL inspectors’ compliance orders

By Adrian Miedema

About Dentons

Dentons is designed to be different. As the world’s largest law firm with 20,000 professionals in over 200 locations in more than 80 countries, we can help you grow, protect, operate and finance your business. Our polycentric and purpose-driven approach, together with our commitment to inclusion, diversity, equity and ESG, ensures we challenge the status quo to stay focused on what matters most to you. www.dentons.com

Dentons boilerplate image

Twitter

Categories

  • Amendments to Safety Laws
  • Caselaw Developments
  • COVID-19
  • General
  • Government Safety Investigations
  • International Standards
  • Other Safety Developments
  • Prosecutions / Charges
  • Safety – Risk Management
  • Safety Professionals – Practice Issues
  • Violence and Harassment

Subscribe and stay updated

Receive our latest blog posts by email.

Stay in Touch

Dentons logo

© 2022 Dentons

  • Legal notices
  • Privacy policy
  • Terms of use
  • Cookies on this site