WSIB Revises Mental Stress Policies to Clarify Role of Witnesses

By: Stephanie J. Savoni

The Workplace Safety and Insurance Board (WSIB) has announced that minor revisions to the Operational Policy Manual documents 15-03-02, Traumatic Mental Stress and 15-03-14, Chronic Mental Stress are in effect as of March 1, 2024.

As stated by the WSIB, the revisions are intended “to clarify the role of witness evidence in the adjudication of claims for traumatic and chronic mental stress.” Specifically, the changes provide that:

• the presence or absence of corroborating witness evidence may be relevant; however, “the decision-maker does not need corroborating witness evidence to determine that the events that caused the chronic or traumatic mental stress injury, as described by the injured person, actually took place”
• “when corroborating witness evidence is unavailable, the decision-maker must still assess and weigh all other relevant and available evidence, including the injured person’s evidence, to determine the likelihood that the events occurred as described”

Minor revisions have also been made to clarify terminology.

The article in this client update provides general information and should not be relied on as legal advice or opinion. This publication is copyrighted by Hicks Morley Hamilton Stewart Storie LLP and may not be photocopied or reproduced in any form, in whole or in part, without the express permission of Hicks Morley Hamilton Stewart Storie LLP. ?

Practice Areas: Workplace Safety & Insurance

Tags: Mental Stress, Workplace Safety and Insurance Board (WSIB)