On May 31, 2012, the B.C. Legislature passed Bill 14, which amended the Workers Compensation Act to change workers' compensation coverage for mental disorders caused by work. The changes took effect on July 1, 2012 and apply to all decisions made by the compensation board and Workers' Compensation Appeals Tribunal as of that date.
The changes include workers' compensation coverage for "mental disorders." Prior to the changes, workers were only entitled to compensation if they suffered "mental stress" that was an acute reaction to a sudden and unexpected traumatic event that arose out of and in the course of employment. The amended legislation allows coverage for a "mental disorder" that is a reaction to one or more traumatic events that arose out of and in the course of the worker's employment, or a "mental disorder" that "is predominantly caused by a significant workrelated stressor, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker's employment."
Explanatory documents released by WorkSafeBC provide further explanation of the changes and point out that the most significant changes are that the "sudden and unexpected" criteria was removed from the legislation, and coverage extends to mental health injuries resulting as a reaction to one or more traumatic events or significant work-related stressors. Such stressors include bullying or harassment. WorkSafeBC now requires the worker's mental disorder be diagnosed by a psychologist or psychiatrist. Prior to the changes, a worker's physician could provide a diagnosis.
WorkSafeBC has confirmed that the legislative changes retain an exclusion from coverage for disorders caused by an employer's decisions relating to a worker's employment (i.e., discipline, termination, changing the work to be performed or changing the working conditions). An FAQ document produced by WorkSafeBC states that "mental disorders caused by decisions relating to workload and deadlines, work evaluation, performance management, transfers, lay-offs, demotions and reorganizations are also excluded from compensation coverage."
WorkSafeBC requires employers to report an incident or mental disorder within three business days of the injury's occurrence or within three business days of the employer being aware of it.
To read this Newsletter in full please click here.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
