- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
- Preexisting condition (psychological condition)
- Second Injury and Enhancement Fund {SIEF} (prolonged recovery)
The worker was employed at a facility with mental health patients. The worker received entitlement for traumatic mental stress for an acute stress disorder, as a result of an incident which occurred at work on July 25, 2017, in which she was sexually assaulted by a patient. The issue under appeal was whether the employer was entitled to SIEF relief for the costs of the worker's claim.
The Vice-Chair denied the appeal.The employer submitted that the worker had a pre-existing psychological condition (anxiety) which made her vulnerable, and if it were not for her prior similar experiences, the worker's experience following the compensable injury may have lessened in terms of the worker's reluctance to return to work in the same building where the event occurred. The Vice-Chair identified that the issue preventing a return to full time hours was solely related to the work environment she was returning to, and not any pre-existing experiences or diagnoses. The only restriction the worker had was to not return to work if the perpetrator of the assault would be in her presence. The factor prolonging the worker's ability to return to work full time was a factor that was unique to the workplace itself, namely the continued presence of the perpetrator at the worksite. The Vice-Chair did not find that the worker's concerns regarding her safety were unreasonable or that those concerns would not have been present for any worker, even without a history of anxiety. The obstacles to returning to work were directly related to the workplace injury and worksite. There was no medical opinion or evidence of significance that the worker's post accident psychological difficulties were caused by the workers pre-existing anxiety or life circumstances, or that they prolonged or enhanced her recovery. The Vice-Chair concluded that the employer did not meet the test for entitlement for SIEF relief under OPM Document No. 14-05-03. The appeal was denied.