- Second Injury and Enhancement Fund {SIEF} (severity of accident)
- Second Injury and Enhancement Fund {SIEF} (severity of preexisting condition)
- Preexisting condition (psychological condition)
The worker was working as a personal support worker (PSW) when an 11-year-old autistic patient grabbed her around her neck on January 18, 2019. Initial entitlement was allowed under the Traumatic Mental Stress policy. The worker was granted a 10% NEL benefit for PTSD and Major Depressive Disorder. The worker's NEL benefit was based on a maximum psychological recovery (MPR) date of October 9, 2020 and a 5% deduction for a pre-existing psychological impairment. The issue under appeal was the correct quantum of cost relief.
The Vice-Chair allowed the employer's appeal. The employer was entitled to 90% relief under the SIEF on account of a minor accident history and major pre-existing disability for the compensable accident.The Vice-Chair agreed that the accident was of minor severity. The threat posed by the child was of minor significance. The Vice-Chair considered that the worker was an experienced PSW and therefore, aware that the extent of the threat posed based on these facts was likely minimal. Also, the interaction was brief. The circumstances were not suggestive of a more sinister or serious interaction. The incident would not be expected to cause a disabling physical or psychological injury. The Vice-Chair found that the characterization of the worker's pre-existing psychological disability as major was adequately supported by the medical documentation, which described the worker as suffering from several psychological symptoms prior to the compensable accident. In addition, the deduction by the WSIB for a pre-existing condition and/or disability was conclusive evidence that the pre-existing condition and/or disability enhanced the worker's overall impairment.