- Second Injury and Enhancement Fund {SIEF} (severity of accident)
- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
The issue under appeal was the correct quantum of SIEF relief for a 2018 accident. Initial entitlement was granted for PTSD under OPM Document No. 15-03-13, "Posttraumatic Stress Disorder in First Responders".
The Vice-Chair denied the appeal. The quantum of SIEF relief was confirmed at 50%.With respect to accident severity, the worker and her team were involved in responding to the call that precipitated the need for an ambulance helicopter, and the worker and her team were present on the phone when the ambulance helicopter crashed. Several individuals, whom the worker was familiar with through her employment with the employer, sustained injuries in the crash. The Vice-Chair did not agree that individuals who are exposed to traumatic and horrific events would not be expected to suffer from a disabling condition simply because it is a routine part of their job. It was reasonable to conclude that the precipitating event was not a regular or normal occurrence. The Vice-Chair characterized the accident history or the injuring process as moderate.The Vice-Chair did not agree with Decision No. 2020/11, which stated that to conclude a worker's regular duties would be expected to cause a disabling injury would likely constitute a violation of the provisions relating to unsafe work in the Occupational Health and Safety Act. The Vice-Chair noted that the OHSA does not prohibit workers from engaging in duties that may pose a risk to their life or safety. Rather, the OHSA has been described as "a remedial public welfare statue intended to guarantee a minimum level of protection for the health and safety of workers." Several categories of first responders are prohibited from refusing unsafe work under section 43 of the OHSA.The Vice-Chair was satisfied that the worker's prior issues with her employment, relationships as a child and adult, and sleep apnea, were adequately described as moderate for the purpose of Policy 14-05-03.