- Consequences of injury (suicide)
- Dependency benefits (common law spouse)
- Psychotraumatic disability
- Loss of earnings {LOE} (employability)
The worker, a truck driver, injured his back in April 2005. He was granted a 17% NEL award for a permanent low back impairment. The worker made several attempts at returning to work on modified duties, which were not successful. LOE benefits were terminated in January 2006 on the basis that the worker had declined the employer's offer of suitable modified work. The worker requested entitlement for psychotraumatic disability or chronic pain disability, which was denied. In August 2018, the worker committed suicide. The worker's spouse appealed Appeals Resolution Officer decisions denying entitlement for pyschotraumatic disability or CPD, denying LOE benefits, and denying payment of survivors' benefits.
The appeal was allowed. The worker had entitlement for psychotraumatic disability. The medical evidence demonstrated that the worker developed a non-organic reaction to his injury that first manifested as a pain condition and evolved into serious psychological conditions. Psychiatric reports attributed his psychological condition to the workplace accident and its sequelae, including his emotional response to the injury, extended disablement, and financial difficulties. The evidence showed that the worker's psychological condition worsened in 2017 and 2018, and that this condition was a continuation of the psychological reaction to the injury. His condition was a significant contributing factor to his suicide. His spouse was entitled to survivors' benefits. Given the worker's organic and non-organic disabilities, as well as the the numerous medical reports indicating that the worker was unable to work, the worker was not capable of performing the modified duties offered by the employer, or any type of work. He was entitled to LOE benefits.