A worker in New Brunswick who claimed to be suffering severe anxiety and mental health issues after receiving the COVID-19 vaccine has won a partial appeal of a ruling to deny him workers’ compensation benefits.
That’s because the Workplace Health, Safety and Compensation Commission of New Brunswick failed to gather evidence on the claimant’s mental health, the appeals tribunal ruled. It ordered an independent psychological evaluation to determine whether he is suffering from PTSD or any other mental health condition as a result of the immunization.
What happened
The worker applied for benefits in March 2022 after getting the second dose of the vaccine, which was mandated by his workplace.
“I became convinced I had/would have one or more of the following: heart attack, myocarditis, pericarditis,” he wrote in the application.
“The more time passes, the more I am convinced my heart is in danger. It has gotten to the point I am considering suicide and researching ways to kill myself. I cannot live with these thoughts any longer.”
He said he is worried about playing sports, and fears that he will have a heart attack if he does. He said he reached out to an HR professional at his workplace to express concern over the amount of anxiety he was having, asking for resources to help, but never received a reply.
“I have not taken any days off for this, but there are many days where I cannot focus at all (my thoughts are consumed with my deteriorating health) and I have trouble getting work done,” he wrote. “This is why I indicated above that I have missed work. There have been times when I have been physically at work, but unable to work.”
Claim disallowed
On May 1, 2022, his claim was disallowed because it did not meet the definition of an accident under the Workers’ Compensation Act.
In a letter, the Workplace Health, Safety and Compensation Commission of New Brunswick noted that while vaccination was mandatory for his job, there were other requirements to the role — including educational qualifications and aptitude.
“Thus, having the [immunization] became a job qualification that your employer required and that you chose to fulfill. In sum, it was your personal choice to have the [immunization] so that you could continue to work,” it said.
It noted that a reported reaction to the vaccine is not a workplace accident because it did not “arise out of an in the course of your employment duties as a [type of employment].”
“The evidence indicates that your reaction to the COVID-19 [immunization] did not result from your job duties. Rather, it is a reported personal condition that affected your ability to work,” it said.
Ruling appealed
The worker appealed that ruling to the Workers’ Compensation Appeals Tribunal of New Brunswick.
At the heart of the matter is whether the side effects experienced by the appellant, characterized by severe anxiety, depression, and suicidal ideation, constitute an injury arising out of and in the course of employment.
The appellant argued that his mental health issues, which started following the immunization, significantly impaired his ability to work and engage in personal activities.
During the proceedings, evidence was reviewed from various parties including the appellant, a workers’ advocate representing him, and legal representatives for both the employer and the Commission. It was highlighted that the appellant had been a healthy individual before the immunization, which he felt compelled to receive under the threat of losing his job.
The tribunal noted, “The question I must determine in this appeal is whether receiving the COVID‑19 immunization resulted in a compensable injury for the appellant pursuant to subsection 7(1) of the WC Act.”
Commission ‘did not fulfill their duties’
In examining the case, the Tribunal identified gaps in the Commission’s gathering of medical evidence to ascertain whether an injury occurred as defined by the relevant workers’ compensation policies and legislation.
The tribunal’s decision detailed: “The Commission did not fulfill their duties as per policy 21-113 and did not gather any information in an active manner with respect to the appellant’s mental health before making their decision. I am therefore unable to make an informed decision.”
Consequently, the tribunal has ordered an independent psychological or psychiatric evaluation to determine whether the appellant is suffering from PTSD or any other mental health condition as a result of the immunization.
For more information, see 20240391 (Re), 2024 CanLII 20726 (NB WCAT).
