A recent decision of the Workplace Safety and Insurance Appeals Tribunal highlights the importance of context in assessing workplace harassment under the WSIB Chronic Mental Stress Policy. The decision also provides insight on the Tribunal’s consideration of workplace investigations in the adjudication of chronic mental stress claims.
In Decision No. 1254/24, a police officer (the “Worker”) claimed he was subject to workplace harassment, involving a series of incidents between November 2020 and January 2021, which resulted in the development of a mental stress condition. The Worker sought entitlement under the Chronic Mental Stress Policy (the “Policy”). The Panel ultimately allowed the Worker’s appeal.
The Panel summarized the key elements to establish entitlement under the Policy. A worker must be exposed to a “substantial work-related stressor” in the course of their employment, which is the “predominant cause” of the resulting mental health condition that is diagnosed under the Diagnostic Statistical Manual (“DSM”) by a qualified health care professional. The Panel also noted that under the Policy, a substantial workplace stressor is excessive in intensity and duration beyond those typically experienced by workers in similar circumstances. Further, workplace harassment is generally considered a substantial workplace stressor, however, interpersonal conflict is generally not.