Alberta appeal panel upholds PTSD claim over threat of sexual violence at work

An Alberta workers’ compensation appeal panel has upheld a psychological injury claim stemming from a threat of sexual violence at work, confirming that post‑traumatic stress disorder (PTSD) arising from the incident is compensable.

In Decision No. 2025‑0755, released Dec. 3, 2025, the Appeals Commission for Alberta Workers’ Compensation dismissed an employer’s appeal and confirmed that a worker’s claim for PTSD met the criteria for a traumatic onset psychological injury under the Workers’ Compensation Act and WCB Policy 03‑01.

“As the worker experienced a work-related interpersonal event with a coworker that, reasonably and objectively assessed, was aggressive, threatening, and abusive, we find that the worker experienced a traumatic work-related event,” said Hearing Chair Chris Davison and Commissioners Paul Paquette and Gregory Kelly.

‘Inherently aggressive, threatening, and abusive’

The case arose from an Aug. 30, 2023 interaction between the worker — whose name was not disclosed in the decision — and a male coworker — name also not disclosed — at a worksite.

The coworker allegedly asked the worker to come to his room to do laundry, and when she challenged him, he said he would “corner her, and she would never leave” and that “no one would ever know she was there.” When the worker responded that he was describing rape and that she would defend herself, he allegedly told her she would not be able to because he was stronger.

The panel found that, “on a balance of probabilities,” the incident occurred as the worker described and concluded that the coworker “threatened sexual violence on the worker.” It held that a threat of this type, “reasonably and objectively assessed, is inherently aggressive, threatening, and abusive,” and therefore constituted a traumatic work‑related event.

The employer had argued that the claim should not have been accepted, citing an internal investigation involving 15 witnesses, the lack of corroboration from coworkers, and the RCMP’s decision not to treat the matter as a Criminal Code violation. The panel rejected those submissions, stating it did “not find [the coworker’s] explanations as to why the worker’s account is unreasonable to be persuasive” and that the absence of corroborating witnesses was not significant given the circumstances and who was present.

Previously, the City of Leduc in Alberta paid $9.5 million to settle a class-action lawsuit involving allegations of sexual misconduct by municipal employees, according to a report.

PTSD diagnosis

The Appeals Commission for Alberta Workers’ Compensation also found that the medical evidence was decisive. The worker’s family physician diagnosed PTSD in February 2024, and a clinical psychologist later concluded that the worker’s PTSD “was caused by the work‑related incident.”

The panel described the psychological assessment as “a thorough and uncontroverted expert opinion” and held that “the weight of medical evidence establishes that the worker’s PTSD resulted from the traumatic work‑related event on August 30, 2023.”

The decision confirms that the worker has “an acceptable claim for psychological injury,” and the employer’s appeal is denied.

An employer and a supervisor are jointly and severally liable for the supervisor’s sexual harassment and retaliatory firing of a worker, to the tune of nearly $50,000 in damages, according to a previous decision.

How can employers prevent workplace harassment?

Here’s how employers can prevent workplace harassment and violence, according to the Canadian Human Rights Commission (CHRC):

1. Develop an action plan that clearly identifies the organisation’s commitment to action to implement all relevant policies and procedures.
2. Design and implement a policy that should be tailored to reflect the specific work environment, job requirements, worker demographics and industry in which companies conduct their business.
3. Conduct a workplace assessment with a focus on the factors that can contribute to workplace harassment and violence, such as client characteristics, the physical work environment, work activity and organisational culture.
4. Provide mandatory training for all workers.

“When a complaint is substantiated, it means that the alleged incident has been confirmed and verified as workplace harassment or violence,” says the commission. “The next important step is that the decision-making authority document their formal decision and implement corrective measures and remedies in a timely manner. A situation is not fully addressed until the employer and workers can move from resolution of the complaint to the restoration of the workplace.”

The CHRC adds: “It is a good practice to share as much information as possible throughout the complaint process with a worker who has been the victim of workplace harassment or violence. This includes information about investigation outcomes and measures taken to restore the workplace. While there may be reasons to keep investigation proceedings confidential (integrity of the process, witness confidentiality, etc.), a victim may need to know what steps have been taken following the conclusion of an investigation in order to feel comfortable in the workplace.”