Employer not responsible for "shift work sleep disorder"

Appeal court tosses out case of Michelin employee who claimed shift work caused debilitating insomnia
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|hrreporter.com|Last Updated: 03/05/2003

A tire company worker can’t hold his employer responsible for his inability to do shift work, the Nova Scotia Court of Appeal has ruled.

Richard Ross, a Michelin employee, said shift work caused him to have debilitating insomnia. In January 2002, the province’s Workers’ Compensation Board appeals tribunal recognized “shift work maladaption syndrome” or “shift work sleep disorder” as a condition that should be compensated. Michelin appealed, and the court threw out the case in a unanimous decision.

Justice Gerald Freeman said Ross’s inability to adapt was a personal characteristic and not something that arose as a result of his employment.