- Post-traumatic stress disorder
- Psychotraumatic disability
- Permanent impairment {NEL}
The worker was employed as an educational assistant when she was assaulted by a student. She was granted entitlement for traumatic mental stress (TMS). The issue to be determined in this appeal was whether the worker had a permanent impairment and entitlement to a non-economic loss (NEL) determination for PTSD.
The Panel allowed the appeal. The worker had not recovered from her work-related PTSD as of July 9, 2019. The worker was entitled to a NEL determination. In the Panel's view, while the evidence indicated an improvement in symptoms, it did not establish, on the balance of probabilities, a recovery. The worker continued to have some triggers related to her compensable condition.The worker also continued to take medication for the treatment of her PTSD since the onset of her compensable condition. Prior Tribunal decisions have found that when a worker takes medication for his or her compensable condition, this is supportive of a finding that the compensable injury has not resolved (see Decision No. 1449/17). Tribunal decisions have also found that when a worker does not take medication for his or her compensable condition, this supports that the worker does not have a permanent impairment (see Decision No. 687/02). However, the Panel found it likely that had the worker's PTSD completely resolved, she would no longer need to take the medication she was prescribed to manage her work-related PTSD.The Panel found it significant that when the worker returned to work she reported an increase in PTSD symptoms and required accommodation. While the medical reporting indicated that the worker's condition may improve, it did not indicate that the worker would fully recover. In the Panel's view, a permanent impairment does not require that a worker's condition be rigid and unvarying; it simply requires that an impairment continue to exist or be ongoing.