Adjudicating Psychological Injuries
June 30, 2019 and still in effect
Some work-related injuries are psychological, in particular those that occur as a result of traumatic events in a workplace.
The definition of “injury” at section 3 in the Workers’ Compensation Act S.Y. 2008, c. 12 (the Act) includes the disablement of post-traumatic stress.
Section 17.3 of the Act creates a rebuttable presumption that may apply when certain emergency response workers have been exposed to a traumatic event or series of traumatic events, and later receive a diagnosis of post-traumatic stress disorder.
Yukon Workers’ Compensation Health and Safety Board (YWCHSB) policy HC-09, “Psychological Treatment”, outlines under what circumstances decision makers may authorize payment for psychological treatment.
This policy outlines the criteria used by YWCHSB decision makers to decide whether a worker’s post-traumatic stress disorder or other psychological injury is work-related.
This policy clarifies under what circumstances post-traumatic stress disorder will be presumed to be work-related for emergency response workers. It also provides direction to YWCHSB decision makers, and information to workers about how a claim for compensation is decided if the presumption does not apply.
This policy also outlines when psychological injuries are not work-related and specifies what YWCHSB considers to be normal pressures and tensions of a workplace.
Adjudicating Psychological Disorders
Arising Out Of and In The Course Of Employment
Merits and Justice of the Case