- Board Directives and Guidelines (psychotraumatic disability) (five year guideline)
- Psychotraumatic disability
- Non-economic loss {NEL}
- Permanent impairment {NEL}
- Major depressive disorder
The issue under appeal was entitlement for psychotraumatic disability (Major Depressive Disorder) claimed to be sustained as a result of the August 30, 2001 workplace accident. In November 2022, the worker received a non-economic loss (NEL) award of 17% for chronic mechanical back pain.
The appeal was allowed. The Vice-Chair found that the worker's psychotraumatic disability became manifest within five years of her injury. As such, the general rule required for the consideration of entitlement for psychotraumatic disability under OPM Document No. 15-04-02 had been met. OPM Document No. 15-04-02 requires that the psychotraumatic disability "become manifest" within five years of the injury, or within five years of the last surgical procedure. In Decision No. 396, the Panel considered the meaning of the word "manifest" in the context of a psychotraumatic disability. The Panel stated that: "The requirement of the guidelines that the disability becomes manifest requires that there be something about the anxiety or depression that sets it apart from a level that would be common to most injured workers..." The Vice-Chair agreed with this definition.The worker's representative submitted that the worker's psychotraumatic disability became manifest by January 2002, when the worker was first prescribed medication for depression, in addition to the pain medication that the worker was taking for her low back injury. The Vice-Chair found that the evidence indicated that the worker's psychotraumatic disability likely became manifest in January 2002. It was found that the worker's need for antidepressant medication set her apart from a level that would be common to most injured workers, and supported a finding that the worker's psychotraumatic disability became manifest in January 2002, within the five-year general guideline. The Vice-Chair also determined that the worker had entitlement for the recognition of a permanent impairment (PI) for psychotraumatic disability and was entitled to a NEL determination. It was noted that while the evidence for certain time periods was thin, the Vice-Chair placed significant weight on the available medical evidence and the worker's testimony. The Vice-Chair was satisfied that the evidence supported, on a balance of probabilities, a finding that the workplace injury contributed in a significant way to the onset and development of the worker's psychotraumatic condition. The Vice-Chair noted that this conclusion on the issue of continuity was consistent with prior Tribunal decisions on this issue (see Decision No. 617/08).