Highlights of Noteworthy Decisions

Decision 903 21
24/08/2021
L. Gehrke
  • Access to worker file, statutory (non-medical information)
  • Jurisdiction, Tribunal (access to worker file)

The employer was appealing a denial of SIEF relief for the worker's entitlement for PTSD. The worker objected to granting access to the employer to certain records on the grounds that they were not relevant to his injury. The worker also requested that documents placed in the "no access" file at the Board be removed and redacted entirely from his file. The worker appealed a Case Manager's decision granting the employer access to the file.

The appeal was allowed in part.
The jurisdiction of the Tribunal under s. 59 of the WSIA is with respect to decisions regarding access to medical records. Consequently, the worker's objection to the release of non-medical documents and his concerns regarding the "no access" file were not within the Tribunal's jurisdiction. With respect to the medical documentation, the reports generally pertained to the worker's psychological condition and were relevant. There were a few exceptions that were to be excluded from release to the employer.