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.
Ministry of Jobs, Tourism Skills Training Responsible for Labour Government appreciates the time and consideration that was dedicated to drafting this resolution. Government is also keenly aware of difficult circumstances many first responders have faced and cannot imagine the toll this has taken on them. The difficult work that first responders do every day in British Columbia is very much appreciated. Government and WorkSafeBC certainly recognize that post-traumatic stress disorder PTSD and other mental disorders are debilitating outcomes for some workplace incidents. WorkSafeBC is well informed concerning the effects of mental disorders, including PTSD, and takes its role in reviewing such claims and assisting impacted workers, including first responders, very seriously. The assistance provided by WorkSafeBC includes support for returning to work, wage-loss benefits, and health care benefits including treatment by a psychologist or psychiatrist. In addition, employers of first responders have a responsibility to ensure they are provided with the information and training to ensure their health and safety in carrying out their work. Government amended Section 5.1 of the Workers Compensation Act Act effective July 1, 2012, in order to expand coverage for British Columbia workers who experience work-related mental disorders, including PTSD. The change in coverage means that all BC workers, including paramedics and other first responders, are covered for mental disorders caused by a larger array of traumatic events or stressors. This coverage includes coverage for a reaction to one or more traumatic events that arise out of the course of the workers employment. Since the change in legislation, many more mental disorder claims have been accepted by WorkSafeBC, including PTSD cases for first responders. WorkSafeBCs specialized claims unit for mental disorders thoroughly investigates all mental disorder claims within the scope of the Act. As the UBCM Resolution Committee correctly notes, this is a complex issue. Different jurisdictions across Canada are addressing this important matter in different ways. The amendments that government made to Section 5.1 of the Act effective July 2012 provide an enhanced framework for addressing mental disorders, including PTSD, in the workplace. At this time, Government has no plans to amend Section 5.1 of the Act. However, Government will ensure that it continues to monitor this important and evolving issue and is prepared to work with WorkSafeBC, the Ministry of Health, first responders and other stakeholders to support the well-being of first responders.
WorkSafeBC WorkSafeBC Policy and Practice WorkSafeBC policy on Mental Disorders guides the application of section 5.1 of the Workers Compensation Act. The policy provides for coverage of mental disorders that are predominately caused by a significant work-related stressor or cumulative series of significant work-related stressors, including bullying and harassment; and mental disorders that are a reaction to one or more work-related traumatic events. Accordingly, WorkSafeBC currently provides compensation to all workers, including first responders, for mental disorders that arise out of and in the course of employment. These claims are handled by a specialized unit comprised of highly trained case managers, investigators, psychologists, physicians, nurses and mental health specialists. This team provides mental health support to workers as soon as possible and continues this support as long as it is medically necessary. Expediting Diagnosis, Treatment and Payment Timelines WorkSafeBC continually strives to provide excellent service to workers. Where a mental disorder claim is reported, WorkSafeBC gathers information on the work incidents and relevant medical reports to establish if the worker has been exposed to a traumatic event or a significant work related stressor that may have caused a diagnosable mental disorder. In order to obtain a diagnosis of mental disorder as required by the Act, WorkSafeBC works with a broad network of psychologists and psychiatrists to provide diagnosis, treatment and assessment reports on an expedited basis. Where information regarding the work connection is easily available and the claim of mental disorder is straightforward, it is easier to adjudicate. However, often times, these claims are very complex and a number of factors can impact the timelines for adjudication. Some of these factors include delays in reporting the claim to WorkSafeBC; the claim is being protested by the employer; or the claim requires extensive investigation going back several years andor requiring interviews with multiple workplace parties. Where it is considered necessary, WorkSafeBC provides workers with access to appropriate treatment and support while the claim is being investigated and adjudicated. On-going Support Provided to Workers WorkSafeBC provides mental health services to workers throughout the claim, based on medical evidence and the nature of the mental disorder. These services include support for returning to work, psychological treatment, mental health programs and other healthcare measures to treat the disorder.