- Access to worker file, statutory (issue in dispute) (relevance)
The issue in this proceeding was whether the employer had a right of access to the health care information in the worker's WSIB file pursuant to section 58 and 59 of the WSIA. The case manager decision granted the worker entitlement for Post-Traumatic Stress Disorder (PTSD) as a First Responder under OPM Document No. 15-03-13.
The Vice-Chair allowed the appeal. The employer was entitled to full access of the worker's file. The issue in dispute involved entitlement to benefits flowing from the diagnosed psychological condition, PTSD. The documents consisted of medical documents and medical information contained in Board memoranda pertaining to the worker's diagnosed medical condition of PTSD, including its symptoms, triggers of symptoms and treatment, which were directly relevant to the issue in dispute. Section 58(1) of the WSIA permits the employer access to all documents in a worker's Board file which are relevant to an issue in dispute. This access is provided to allow the employer to assess the evidence relevant to the case and to prepare its arguments accordingly. In these circumstances, the Vice-Chair found that the release of the Board file to the employer, subject to the conditions for maintaining the confidentiality of the worker's health care information set out in the WSIA, was sufficient. The Vice-Chair agreed that Tribunal decisions take a broad approach to relevance, particularly where the issue in dispute involves psychological entitlement (see Decision No. 1066/21). The Vice-Chair noted that the Board's delay in responding to the Intent to Object (ITO), an issue raised by the worker's representative, did not affect the relevance of the medical information in the Board file. Relevance of the medical information in the Board file is determined by its pertinence to the issue in dispute.The Vice-Chair explained that, for example, comorbid medical conditions are directly relevant to the determination of whether the worker's loss of earnings resulted from the compensable PTSD condition. Work conditions and triggers of the worker's PTSD symptoms in the workplace are relevant to whether there was suitable work available. Treatment and response to treatment for PTSD and any comorbid medical conditions is directly relevant to the worker's work restrictions and ability to work. Medical, personal, family and social history is relevant to a full understanding of the worker's PTSD condition. There was nothing in the file materials which should be omitted owing to sensitive or prejudicial content that outweighed the relevance of the information.