On May 2, 2012, the B.C. Minister of Labour introduced amendments to Bill 14 – 2011 Workers' Compensation Amendment Act, 2011 ("Bill 14"). Bill 14 was originally introduced by the BC provincial government in November, 2011.
The new amendments include three significant changes to Bill 14. The first major change is that the "mental stress" referred to in section 5.1 of the Workers' Compensation Act (the "Act") is now referred to as "mental disorder."
The second significant change is that section 5.1(1)(b) of the Act now requires a mental disorder to be diagnosed by a psychiatrist or psychologist. Previously the requirement was for diagnosis of a mental stress by a physician or a psychologist.
The third significant change is that Bill 14 will expand the scope of workers' claims under section 5.1(1) of the Act. The original version of Bill 14 created a new sub-category of mental stress (now mental disorder) to include work-related stressors, or a series of cumulative work-related stressors. This sub-category has been revised in two ways. First, a mental disorder must be "predominantly caused by" the work-related stressors, as opposed to simply a reaction to the work-related stressors. Secondly, the work-related stressors now specifically include both bullying and harassment.
Now, after the amendments to Bill 14, under section 5.1(1), a worker will be entitled to compensation, only if the mental disorder is:
"(a) either
(i) is a reaction to one or more traumatic events arising out of and in the course of the worker's employment, or
(ii) is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker's employment,
(b) is diagnosed by a psychiatrist or psychologist as a mental or physical condition that is described in the most recent American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders at the time of the diagnosis, and
(c) is not caused by a decision of the worker's employer relating to the worker's employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment."
Assuming that Bill 14 passes the Legislative Assembly this Session, the changes made to Section 5.1 of the Act will apply to any claims made or outstanding after July 1, 2012.
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