WCB to take action to ensure an injured worker’s claim is investigated.

The MFL Compensation committee has recently experienced a problem with access to due process and adjudication. This is based on a misunderstanding within the system that has led to automatic denial of injured workers’ claims.

This problem relates to a situation where a worker was suffering from continual harassment in their workplace which led to psychological disability and subsequent loss of earnings. When the injured worker reported their injury to the Claims Information Center of the Manitoba Workers Compensation Board (WCB), the interview notes on cause of injury was eventually classed as stress related. Within 24 hours the claim was denied and a letter sent to the injured worker. No attempt was made to secure medical reports or employer reports to use in the decision.

Harassment of a worker in the workplace is to be prevented under the Workplace Safety and Health Act and injuries that result from harassment should be investigated and paid if found to meet criteria to be compensable. However, workers are unable to have them considered for adjudication.

This scenario has been repeated a number of times which was becoming problematic for workers and their advocates as it denied their right to be heard. We agree that the Act is specific regarding the awarding of benefits when a condition is a result of traumatic stress but these decisions must be made by looking at all the information related to the psychological disability.

In order to solve this problem, the MFL Compensation committee wrote to Dave Scott, Vice President of Rehabilitation and Compensation Services for the WCB, to raise the issue and have it resolved as quickly as possible. Information sent to Scott included an appeal decision made in Ontario that differentiates between mental stress from harassment and traumatic mental stress from harassment. A set of criteria is noted in that decision that should be applied to determine if the events met the threshold of “traumatic” and therefore compensable.

The Compensation committee feels that this appeal decision clearly shows the responsibility is on the WCB to gather the information needed to make a determination that the worker Is or Is not entitled to benefits. The committee requested that the WCB respond to the issue of an injured worker’s right to have claims adjudicated and a decision offered in a fair and impartial manner, regardless of outcome.

Scott conducted an internal review of the situation and within three weeks of the committee’s letter responded in a very positive manner. The Director of Short Term Claims has introduced an additional oversight of harassment claims. Specifically, reported claims of this nature are now subject to a supervisory review to insure that there is a complete investigation before a decision is made on the acceptance or denial of the claim.

Dave Scott went one step further, much to the MFL committee’s delight. He has offered to investigate any individual harassment injury claim situation where a Union representative or advocate believes that a proper investigation was not conducted. Therefore, all claims of injury from harassment that were automatically rejected can be brought to his attention so that injured workers will be provided with a fair and reasonable process.

Scott also noted that these types of issues offer an opportunity for WCB staff to learn and develop in their roles. He also made it abundantly clear that the WCB is committed to rigorously investigate all claims.

The MFL committee genuinely appreciates this opportunity to solve problems within the WCB system without having to go through a lengthy appeal process. At future meetings of the committee, they will be discussing and analysing other problems and issues faced by injured workers so that improvements such as this can be made.