- Second Injury and Enhancement Fund {SIEF} (severity of accident)
- Second Injury and Enhancement Fund {SIEF} (vulnerability)
The worker, a set-up operator for a steel manufacturer, witnessed an accident in which an unsecured steel coil toppled onto a co-worker, crushing and pinning him. The worker called 911 and led the first responders to his co-worker, who was hospitalized and placed in a medically induced coma. He later developed post-traumatic stress disorder (PTSD) related to this incident. The worker received initial entitlement to benefits under the WSIB's Traumatic Mental Stress (TMS) policy. The issue under appeal was the quantum of the accident employer's SIEF cost relief.
The appeal was allowed, in part. Based on a moderate accident and moderate pre-existing condition, the employer was granted 50% SIEF cost relief.The Vice-Chair agreed that the worker's life experiences formed a moderate pre-existing condition. The worker's history, including periods of incarceration and episodes of violent or threatening behaviour directed at the worker, represented prior psychic trauma that likely made the worker more vulnerable to developing a psychological condition. WSIAT case law has found that work-related accidents that are considered to be objectively traumatic under the WSIB's TMS policy are not, generally, minor events (see Decision No. 511/22). In this case, the accident was found to be moderate instead of major in severity. The Vice-Chair acknowledged that the worker witnessed a co-worker suffer a significant, potentially fatal injury, and that the accident met the definition of a "traumatic event," as outlined in the TMS policy. However, this case was distinguished from other case law in that the worker was not called upon to engage with the traumatic event, such as providing life-saving measures. As he immediately went to call 911 after the accident, and then waited outside for the first responders, the Vice-Chair inferred that he was not forced to witness his co-worker's suffering while waiting for EMS personnel to arrive. The worker was also not under threat of serious injury or death while witnessing the accident.