The Manitoba government is introducing new amendments to the Workers Compensation Act
that would make it easier for employees to have post-traumatic
stress disorder (PTSD) recognized as a work-related occupational
disease. The legislation does that by creating the presumption that
workers suffering from PTSD received the illness from the job, if
diagnosed by a medical professional.
The amendments would not only apply to first responders, but expand coverage to all workers covered by the
province's Workers Compensation Board. It is a recognition from
the government that PTSD is a disease that can affect all types of
workers regardless of the job they perform. This level of coverage
is unique to Manitoba.
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Unfortunately, reasonable accommodation for employees in the workplace continues to be the source of significant litigation and even today we continue to see outrageous examples of employers behaving badly.
We are now beginning to see reported cases involving charges and subsequent fines laid against employers for failing to provide information, instruction and supervision to protect a worker from workplace violence.
On October 13, 2016, the Supreme Court of Canada denied leave to appeal an Ontario Court of Appeal decision which ordered an employer to pay a former employee 37 months of salary and benefits following termination.
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