- Continuing entitlement
- Psychotraumatic disability
- Loss of earnings {LOE} (employability)
- Major depressive disorder
The issues under appeal were: a) ongoing entitlement for psychotraumatic disability as of February 2, 2021; and, b) Loss of Earnings (LOE) benefits as of March 2, 2021.
The appeal was allowed. The Panel found the worker had entitlement for psychotraumatic disability for the conditions of Major Depressive Disorder, with anxiety, Panic Disorder, and Agoraphobia beyond February 2, 2021. In addition, due to the nature and severity of these compensable conditions, the worker was unable to sustain any form of employment. It was determined that the worker had fully recovered from her physical injuries by August 2020, and any psychological issues stemming from the work-related organic injuries in the claim was no longer a significant contributing factor towards the worker's ongoing psychological issues. The worker's representative submitted that the psychological condition had likely become "self-sustaining" and the Board had erred when concluding that the worker's entitlement for the psychological conditions was contingent on the continuation of the physical injuries.The Panel agreed that entitlement to psychotraumatic disability does not require there to be a psychotraumatic event (see Decision No. 2222/09). Similar to a physical (i.e., organic) injury that can continue beyond the workplace accident which precipitated that injury, a psychological condition may extend beyond the organic injury or workplace accident that precipitated its development. A worker's entitlement under the psychotraumatic disability policy may continue when there is an ongoing psychological reaction to a work-related injury or accident, regardless of whether the original organic injury is permanent or temporary. The test for ongoing entitlement is whether the worker's emotional reaction to the injury and/or accident continues to be a significant contributing factor to the worker's ongoing psychological impairment. The Panel found that the worker was highly functional and sustaining employment with her pre-existing psychological condition for almost three years prior to the workplace accident, and there was no evidence to support that her psychological condition was deteriorating until the workplace accident occurred. There was a significant contrast in the degree of impairment and the severity of the worker's psychological symptoms subsequent to the workplace accident and as of February/March 2021, in comparison to the worker's pre-existing psychological condition. This supported that the workplace accident/injury was a significant contributing factor to the worker's ongoing psychological impairment.