Highlights of Noteworthy Decisions

Decision 1868 17
26/06/2017
R. McCutcheon - B. Young - M. Ferrari
  • Stress, mental
  • Board Directives and Guidelines (stress, mental) (traumatic event)

A truck driver appealed a decision of the Appeals Resolution Officer denying the worker entitlement for traumatic mental stress.

On December 22, 2011, the worker drove his tractor to a location to pick up a trailer, delivered the trailer to its destination and then went home. That evening, at about 7:30 pm, he received a call asking him to go to the OPP station. At the station, he was informed that two wheels had come off the trailer and killed a woman driving her car. He did not know that wheels had come off the trailer until that time.
The Panel found that the worker experienced a sudden and unexpected traumatic event. He was involved in a motor vehicle accident that resulted in the death of another driver. The Panel was satisfied that the circumstances fell within the parameters of Board policy.
Even if the policy language excluded entitlement because the worker did not witness the events, the Panel would have granted entitlement based on the merits and justice of the case.
The appeal was allowed.