Ontario Workplace Safety Board Rules In Favour Of Policeman's Family For PTSD

[mariomike]

On 23 March, 2010 at 2:00 PM at Queen's Park:
"DiNovo calls for protection of front-line workers:
NDP MPP Cheri DiNovo is calling for amendments to the Workplace Safety and Insurance Act to address the issue of post-traumatic stress disorder (PTSD) for front-line paramedics, firefighters and police officers.
“Under current rules, front-line workers are forced to go through painstaking steps in order to receive WSIB benefits based on post traumatic stress obtained at work,” said DiNovo, who is introducing a Private Members’ Bill to amend existing legislation.
Post-traumatic stress refers to an anxiety disorder that develops after exposure to a traumatic event or experience with symptoms that may include flashbacks, nightmares and intense feelings of fear or horror.
Under DiNovo’s reforms, the Act would be amended to create presumed causation before the WSIB in cases relating to post traumatic stress disorder.
“As with many Health and Safety issues in the workplace, post-traumatic stress disorder is impossible to predict and can occur to anyone at anytime. These changes assure that PTSD would be recognized as an occupational disease that occurred due to the nature of a worker’s employment,” added DiNovo.
NDP MPP and WSIB critic Paul Miller added his support, stating that “it is a necessary step to protecting workers on the front-line.”
These reforms build on the initiative launched by NDP MPP Andrea Horwath in 2006 which sought to create presumed causation relating to cancer and heart disease common to firefighters."

 

[Steel Badger]

Thanks for the update MM....

Though I notice CO's were excluded.....  wether by intent or oversight I am not sure......

 

[mariomike]

Thanks for the update MM....
Though I notice CO's were excluded.....  wether by intent or oversight I am not sure......

Correctional Officers should be included. I've seen the work they do.

 

 

[Steel Badger]

I thought you had gathrered from my atrocious spelling that i IS a CO >

 

[Fishbone Jones]

Thanks for the update MM....

Though I notice CO's were excluded.....  wether by intent or oversight I am not sure......

They're just rolling out a Critical Incident Stress Management program over where we work. They're starting with the peer training shortly. I don't know if it's going to cross Ministries or not. They finally figured out that looking at people ground up in machines or pulled through 8 inch openings may affect some inspectors. It's going to be mandatory to touch base with an inspector after they've attended a critical or fatality. You don't have to talk to them, but the team still has to contact you to make sure that your not left flapping. I don't have a huge amount of detail, we just took the afternoon "Here's what the programs about" training last week. If you or Bruce want to call me, I'll tell you what I know.

 

[the 48th regulator]

A phenomenal foundation that has been working to educate the WSIB, with regards to OSI's is the Tema Conter Memorial Trust.

Many front line workers are fighting for Mental Injuries with the WSIB, and the insurers.

Bloody shame, so it is.

dileas

tess

 

[Bruce Monkhouse]

Critical Incident Stress Management

We have a volunteer run program in this Ministry, its about time you folks got one.

I actually went to one today about the search issue..........course getting up at 1200 between night shifts is going to make tonight not a whole lot of fun. :crybaby:

 

[the 48th regulator]

I worked sometimes with Vince, when my partner was off. He ( Vince ) was easy to work with.
I'm sorry he left the Department. It was the best thing ever happened to me.

I am confused MM, by your post....


dileas

tess

 

[mariomike]

Tess, in case you did not know, this is Vince's story.:
http://www.tema.ca/news.php?news_id=17
He left the Department and founded the Tema Conter Centre.

It is only in the last few years that "cummulative" mental disability in the emergency services has been recognised. Unlike the earlier Adamson case, which was traced to a specific call. This was never easy to do, because the employer would say that the employee had attended other horrific calls in the past, and not put in a mental disability claim.

This private member's Bill is not about getting couch time with the Departmental brain specialiststaff psychologist.
It's not about C.I.S.M. either. CISM has been pretty much de-bunked anyway.
Although, it still has its enthusiasts.:
http://www.emsresponder.com/publication/article.jsp?pubId=1&id=2026

The NDP wants to ammend the Act "to create presumed causation before the WSIB in cases relating to post traumatic stress disorder."
That is, if you make a mental disability claim in future, WSIB will presume it was caused by the job.

If, those three "front-line" professions are approved, no doubt there will be a lot of other occupations, including 9-1-1 Call Receivers, saying "us too".
We saw this with Ontario Bill 206: "An Act to revise the Ontario Municipal Employees Retirement System Act" for police officers, firefighters and paramedics.

It will likely have to include retired 9-1-1 slaves workers, because WSIB set precedent with heart/lung/cancer for retired firefighters.  Even if they are diagnosed after retirement.
Example:
"Municipalities will be faced with potentially significantly increased costs as a result of the expansion of the firefighters presumptive legislation.":
http://www.hicksmorley.com/index.php?name=News&file=article&sid=536

This proposed mental disability "presumptive legislation" will not come cheap to the municipalities either, especially if retired coppers, firemen and ambulance crews who show signs and symptoms of mental stress after retirement are made eligible.
I will be keeping my eye on this one for sure!:

It will certainly be interesting to see what effect this Bill, if it passes, is going to have on car counts and response times in this city.

They will have a hard time even finding people to answer the phones.
I think a Bill such as this has always been management's worst nightmare.
They'll have to come out and do the calls themselves.  ;D
I can hear it now:
"Answer your @#%&ing radio, or do I have to put you out of service, come down there, and do the ^$#@ing call myself! Oh, excuse me, you are out of service! On my waaaaay, Chief! 10-4!" hahaha

Incidentally, the originator of this Bill is NDP MPP Cheri DiNovo.
This story in the Star regarding one of her constituents ( I happen to be one too ) from November 24, 2009 seems to be what inspired it.:
“With the help of a lawyer, she contacted her MPP Cheri DiNovo and together they redrafted the legislation concerning WSIB claims to include cases of PTSD for frontline workers.”:
http://thestar.blogs.com/mentalhealth/2009/11/conceptually-speaking.html

NDP MPP Cheri DiNovo:
http://ontariondp.com/node/2206

I don't think WSIB will have a problem with, but, the NDP will be in for a heck of a fight with the AMO ( Association of Municipalities of Ontario ). They had this to say regarding presumptive legislation:
"The all-party supported legislation which granted firefighters retroactive presumptive occupational disease costs will result in significant labour cost increases for municipalities. This recent move by the WSIB is but the tip of the iceberg."

 

[mariomike]

Yesterday at Queen's Park:

Ontario MPP Cheri Dinovo ( NDP High Park-Parkdale ) introduced a Bill that "Post-traumatic stress disorder should be presumed as being caused by work for all front-line workers."

"First of all, on a point of order, Mr. Speaker: I'd like to introduce members of paramedics teams across Ontario from CUPE and OPSEU, and behind them the Police Association of Ontario and the Ontario Professional Fire Fighters Association as well, who helped with this bill. Thank you all, gentlemen and women."
http://www.ontla.on.ca/web/house-proceedings/house_detail.do?Date=2010-03-23&Parl=39&Sess=2&locale=en#PARA687

"Time limits do not apply:
(5) The time limits set out in subsections 22 (1) and (2) do not apply to the filing of a claim in respect of post traumatic stress disorder."

First reading was carried.

Regarding the thread subject of police suicide.
Joseph Wambaugh wrote a book called "The New Centurions" around 1972.
There was a scene in the movie where a recently retired - but still relatively young - patrolman shot himself. The reason appeared to be that he missed the place:
http://www.youtube.com/watch?v=FNl6hjDjTZQ

 

[mariomike]

Some WSIB Ontario PTSD links for reference regarding the new policy in regards to Emergency Services.
Posted for reference:

"Traumatic Mental Stress":
https://ozone.scholarsportal.info/bitstream/1873/6889/1/10303546.pdf
http://www.wsib.on.ca/wsib/wopm.nsf/Public/150302
http://www.wsib.on.ca/wsib/wopm.nsf/PublicPrint/150302
http://www.filion.on.ca/uploads/File/pdf/caselaws/Traumatic%20Stress.pdf
http://www.wsib.on.ca/wsib/wsibsite.nsf/LookupFiles/DownloadableFilePolicyReport15_2/$File/PR1502.pdf

 

[Bruce Monkhouse]

I won't post the article,[too long] but a good read in regards to PTSD in the Sun today.

http://www.torontosun.com/news/columnists/mark_bonokoski/2010/04/13/13564586.html

 

[mariomike]

Mark B. put out another one in his series on the subject today:
http://www.torontosun.com/comment/2010/04/14/13587411.html

The theme seems to be how much more enlightened the Emergency Services are now compared to the early 1970's. That may be so. But, whenever I hear that, I ask myself, "What else could they have done?"
Somebody had to do the calls. You can't change what's out there.

We got our first staff psychologist where I worked  in the early 1980's. 
Prior to that, if you were unhappy with your job they transferred you to the Works Department for a hard hat and shovel spreading asphalt, or the sewers, ( or Parks Dept., if you were lucky ), for a "rest cure". Nobody got fired. Your old job was waiting for you when you got back.

 

[mariomike]

Update.
June 16, 2010
Ontario Association of Chiefs of Police (OACP):
"WHEREAS the Police Association of Ontario is calling upon the Government of Ontario to allow for presumptive legislation with respect to PTSD claims":
http://www.oacp.on.ca/content/resolutions/view_resolution.html?id=127

"Police constable experiencing post-traumatic stress disorder should have been accommodated on the job: In a decision on June 16, 2010, the Human Rights Tribunal of Ontario found that the Toronto Police Services Board discriminated against a new recruit, Ariyeh Krieger, by not accommodating his mental disability to the point of undue hardship.":
http://www.ohrc.on.ca/en/issues/mental_health/Krieger

June 2010:
"POLICE PUSH TO MAKE CHRONIC STRESS COMPENSABLE":
http://www.ohscanada.com/issues/story.aspx?aid=1000373186&type=Print%20Archives

 

[mariomike]

Police Association of Ontario PAO
Summer 2010
"Post Traumatic Stress Disorder: What you need to know!"
by Larry Molyneaux, President
( page three )
http://www.mygazines.com/issue/11754/6

"For example, a police officer assigned to traffic duties who is then reassinged to fraud invstigations for several years, may experience a delayed onset of PTSD after witnessing a serious car accident while on vacation. This triggers a reminder of a previously very traumatizing car accident that he had investigated while assigned to traffic duties."

He also describes "Cummulative" PTSD. ( See below. )


Ontario Professional Firefighters Association OPFFA ( page 19 ):
"Many of our members suffer from what is referred to as post traumatic stress disorder or cumulative stress.":
http://www.cbupub.com/intrepid/vol9_no2/vol9_no2.pdf


2008
WSIB Stress Claims:
"A recent article in the Toronto Star, using data obtained from the WSIB, found that “accepted stress-related injury claims went up about 30 per cent in Ontario workplaces between 2000 and 2004.” With depression predicted to become the leading cause of disability by 2020, this issue will likely not go away.":
https://www.cowangroup.ca/cigl/pages/resources/newsletters-bulletins/cbcl-bulletin/pdf/2008-mar-bulletin_en.pdf

"Compensation for Mental Stress: Is Current Law and Policy in Ontario’s Workers’ Compensation System Too Restrictive?:
A suicidal man has locked himself into his house with several chemicals capable of starting a fire. Paramedics are called to the scene. The standoff lasts for several hours, during which time the man douses himself with gasoline.
Paramedics are not informed about the gasoline. An explosion eventually occurs, and the man is screaming and badly burned when the paramedics treat him. One paramedic on the scene later develops Post Traumatic Stress Disorder. She reports shock at not being told about the presence of the gasoline.":
http://www.cbc.ca/news/background/workplacesafety/pdf/Compensation_for_Mental_Stress_June_2006_final.pdf


"Cumulative effect:

Due to the nature of their occupation, some workers, over a period of time, may be exposed to multiple, sudden and unexpected traumatic events resulting from criminal acts, harassment, or horrific accidents. If a worker has an acute reaction to the most recent unexpected traumatic event, entitlement may be in order even if the worker may experience these traumatic events as part of the employment and was able to tolerate the past traumatic events. A final reaction to a series of sudden and traumatic events is considered to be the cumulative effect.

The WSIB recognizes that each traumatic event in a series of events may affect a worker psychologically. This is true even if the worker does not show the effects until the most recent event. As a result, entitlement may be accepted because of the cumulative effect, even if the last event is not the most traumatic (significant).

In considering entitlement for the cumulative effect, decision-makers will rely on clinical and other information supporting that multiple traumatic events led to the worker’s current psychological state. Also, there may be evidence showing that each event had some effect or life disruption on the worker, even if the worker was not functionally impaired by the effect or life disruption.":
http://www.wsib.on.ca/wsib/wopm.nsf/Public/150302

 

[mariomike]

Last year, with the support of the police, fire and paramedic unions, the NDP introduced an "amendment to ( the ) Workplace Safety and Insurance Act to include post traumatic stress disorder.":
http://www.opseu.org/bps/health/ambulance/march-26-2010-amendment.htm
Re:  Workplace Safety and Insurance Amendment Act (Post Traumatic Stress Disorder), 2010:
http://www.opseu.org/bps/health/ambulance/march-17-2010-letter.htm

Update.
Ontario Association of Chiefs of Police OACP
Feb 2011:
"For the unions, they can see their holy grail – presumptive legislation – within grasp, especially in an election year.
While some in the Ontario Government might be inclined to move ahead with presumptive legislation, MOL officials are well aware that they are heading toward unleashing a financial tsunami upon not just on municipalities, but the Ontario Government itself (since the OPP will also be bearing the potentially massive costs for presumptive legislation)."
Page 4:
http://www.oacp.ca/upload5/news/Eye_on_Queens_Park_February_2011.pdf

"WHEREAS there is an increase of claims for PTSD involving police personnel and this is creating an economic hardship and staffing problems for police employers"

"WHEREAS the Workplace Safety & Insurance Act and Operational Policy 15-03-02 was never intended to be interpreted in such a manner that police officers and police personnel were not expected to be faced with traumatic events"

highlight mine - mm

I have heard the very same concern expressed in EMS.

 

[mariomike]

Perhaps the time has finally come to add one long-overdue name to the 38 Toronto Police officers already on that honour roll -- that of the late Sgt. Edward Adamson.

November 2015

Honouring the Fallen – Death by Suicide
"The issue of honouring a first responder that has died by suicide is a complicated and contentious one.

The death by suicide of retired Toronto Police Service Staff Sgt. Eddie Adamson and the discussion surrounding whether his name should be included on Ontario and Toronto police memorials is an example of the sensitivity and complexities surrounding the topic. We were advised that the spouses of some of the officers killed in the line of duty have threatened to take their spouse's names off memorials if the names of members that have died by suicide are included."
http://ombudstoronto.ca/sites/default/files/Ombudsman%20Report%20-%20TPS%20-%20November%202015.pdf
page 51

2012
"Eddie Adamson, police officer who killed himself after tragic rescue attempt denied spot on police memorial"
http://news.nationalpost.com/news/canada/officer-who-killed-himself-after-tragic-rescue-attempt-denied-spot-on-police-memorial

"This week, in a bid to legitimize the debilitating mental health danger of PTSD for police officers, Staff-Sgt. Adamson’s family filed a complaint with the Ontario Human Rights Commission, accusing the force and the police union of discrimination on the grounds of mental illness."