Worker plays up symptoms in unsuccessful mental stress claim

Worker claimed lingering psychological effects from accident when original claim expired
|Canadian Employment Law Today|Last Updated: 02/18/2015

An Ontario worker’s claim for a psychotraumatic injury in addition to a physical injury following a workplace accident has been denied by the Ontario Workplace Safety and Insurance Appeals Tribunal.

The worker was a truck driver. On Oct. 14, 2008, he was directing another driver backing up a truck to a trailer. The worker slipped and fell, becoming trapped between the truck and the trailer. He suffered a serious injury to his neck, which was categorized as a “combined penetrating and blunt type injury” that caused a “deep neck laceration” and fracture.