Mental distress compensation awarded by Ontario tribunal

Standard restricting workers compensation for mental stress to that caused by sudden and unexpected events discriminatory

The limits on chronic mental stress claims in the Ontario Workplace Safety Insurance Act (WSIA) are contrary to the Canadian Charter of Rights and Freedoms, the Ontario Workplace Safety and Insurance Appeals Tribunal has ruled. The tribunal refused to uphold the legislation’s limits on mental health claims, allowing workers with mental stress claims not based on sudden, traumatic and unexpected events to receive compensation under the WSIA.

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