Injured Worker Margery Wardle, who was the face of a recent legal challenge that led to changes in the legislation that expanded workers’ compensation entitlement for chronic stress disabilities, was featured in the Toronto Star again.
The WSIB recently made a shocking decision denying entitlement for chronic mental stress in her case. The denial itself comes as no surprise, especially in light of recent news that the WSIB has a 94% denial rate for mental stress claims. It is shocking because of the reasons. According to the decision, comments and behaviours that would meet the definition of sexual harassment under the Human Rights Code and harassment under the Occupational Health and Safety Act are considered by the WSIB to be instances of “interpersonal conflict.”
Related reading:
- Mojtehedzadeh, Sara. 2019 Jan. 5. “She Was Grabbed, Endured Sexual Taunts and Followed into the Washroom. The WSIB Says This Wasn’t Workplace Harassment.” Toronto Star [read also Star editorial, Jan. 7]
- IAVGO News. 2018 Dec. 10. “Adjudication of Chronic Mental Stress Injuries by the WSIB: A Farce, But We’re Not Laughing.” (analysis of the WSIB’s audit report, released through an FOI request)
- Mojtehedzadeh, Sara. 2017 Oct. 25. “Chronic Mental Stress From Work? Proving it to WSIB Will be Even Harder, Critics Say.” Hamilton Spectator
- Coalition of legal clinics, private bar lawyers and injured workers’ groups. 2017 Oct. 12. Letter to the Premier re WSIB’s Discrimination Against Workers with Mental Injuries.
- Ontario Network of Injured Workers Groups. 2017 Jul. 7. Submission re Consultation on Draft Traumatic and Chronic Mental Stress Policy (includes call for definition of workplace sexual harassment).
- Crawley, Mike & Nicole Brockbank. 2017 Jul. 5. “Lawsuit Takes on WSIB for Rejecting ‘Chronic Mental Stress Claims.” CBC News
- Ontario Human Rights Commission. 2014 Nov. 25. Sexual Harassment and the Human Rights Code.