Workers Compensation Act Presumptive Clause for First Responders

Year
2015
Number
C34
Sponsor(s)
Esquimalt

Whereas first responders will include 9-1-1 operators, paramedics, firefighters, peace officers, police officers, sheriffs and corrections officers; and many first responders have been affected by a mental health injurydisorder - thus replacing PTSD with mental health injury: And whereas there is a need to change the Workers Compensation Act under Section 5.1 to add a presumptive clause, as it is possible that within first responders duties, they will encounter horrific acts and develop a mental health injury: Therefore be it resolved that a two month maximum deadline be implemented when making a decision, at any decision point of the claim regarding a mental health injury claim based on one psychologist andor one psychiatrist report; And be it further resolved that upon receipt of a mental health injury claim, the worker should receive immediate financial benefits and treatment, with the understanding and agreement of the worker, their specialist and WorkSafe BC that if it is proven that the injury was not as a result of their duties of employment, there will be a repayment plan for costs; And be it further resolved that when the worker is fit to return to work or retraining there will be a follow up plan to be agreed upon by WorkSafe BC, the specialist and the worker; And be it further resolved that under Policy 97.34, Conflict of Medical Opinion, the probable difference of opinion shall be discussed with the physicians refer to the treating physician or specialists involved, and if it is concluded that there is doubt on any issues, the board must follow the mandate of s. 99 of the Workers Compensation Act and resolve that issue in a manner that favours the worker; And be it further resolved that the Province of British Columbia add new legislative language to Section 5.1 of the Workers Compensation Act, adding a presumptive clause for mental health injuries as set forth in this resolution, to ensure the wellbeing of all first responders who have sustained a mental health injury.

Convention Decision
Not Admitted for Debate