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Mental Disorder Claims Under the Workers’ Compensation Act A Human Resources/Labour Relations Perspective
March 5, 2013

Section 5.1 of the Workers’ Compensation Act (the WCA) was enacted effective July 1, 2012. The intent of the revision was to expand the scope of mental disorder claims arising out of and in the course of employment which would be accepted as compensable under the WCA. One aspect of this expanded coverage involves a mental disorder claim by a worker that “is predominantly caused by a significant work-related stressor, including bullying or harassment, or a cumulative series of significant work-related stressors, arising out of and in the course of the worker’s employment.”

An immediate concern for employers from the implementation of Section 5.1 was an anticipated significant increase in mental disorder claims that would be filed by workers with WorkSafe BC. For those employer representatives responsible for administering compensation claims, it is expected that dealing with mental disorder claims may well evolve into a significant component of their work responsibilities.

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If you have any questions regarding the information in this article, please contact Alan Winter or Adriana Wills.