Expanded List of Occupations, Section 14, PTSD Presumption for First Responders

On May 8, 2018, Bill 31, Plan for Care and Opportunity Act (Budget Measures), 2018 received Royal Assent and amended section 14 of the Workplace Safety and Insurance Act, 1997 (“WSIA”).

Pursuant to section 14 of the WSIA, it is presumed that a worker’s post-traumatic stress disorder (“PTSD”) arose out of and in the course of a worker’s employment if the worker is a specified type of first responder or other worker.

Bill 31 amended section 14 to expand the types of workers for which the presumption applies. Other workers that the presumption now applies to include:

  • Members of the College of Nurses of Ontario who directly provide patient care;
  • Provincial bailiffs appointed under the Ministry of Correctional Services Act;
  • Probation officers and their supervisors;
  • Special constables; and
  • Members of a police force who perform work in a forensic identification unit or a Violent Crime Linkage Analysis System unit of the police force.

Pursuant to sections 14(15) and (16) of the WSIA, appeals that are “pending” as defined in those sections must be referred back to the Workplace Safety and Insurance Board (“WSIB”).

In accordance with the most recent legislative changes, the WSIAT will be referring appropriate appeals back to the WSIB pursuant to the new provisions of the WSIA.

Please note that:

  • Appeals that appear to meet the requirements to be referred back to the WSIB will be referred back after the parties to the appeal are notified.
  • Appeals that are referred back to the WSIB will be made inactive while they are adjudicated at the WSIB.
  • If there is more than one issue being appealed, the entire appeal will be made inactive at the WSIAT while it is adjudicated at the WSIB.

If you are NOT notified about your appeal being referred back to the WSIB by June 22, 2018, and you believe that your appeal should be referred back, please contact the WSIAT by calling our Call Centre at 416-314-8800 or 1-888-618-8846, 8:00 a.m. to 5:00 p.m., Monday to Friday.

Questions about the WSIAT’s process for these referrals can also be directed to the Call Centre.

Posted: May 9, 2018