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WorkSafeBC review grants grieving widow additional counselling sessions

by HR Law Canada

In a recent decision, WorkSafeBC has overturned a prior ruling, granting a grieving widow an additional 12 sessions of grief counselling.

The ruling by Review Officer Anita Olson, comes after the widow appealed the Board’s initial denial of her request for further counselling support.

The widow, whose husband succumbed to malignant peritoneal mesothelioma on Jan. 7, 2019, had been provided with 12 sessions of grief counselling in January 2023, and another 12 sessions in January 2024. However, in March 2024, her request for additional sessions was denied by WorkSafeBC, prompting the widow to seek a review of the decision.

In her submissions, the widow highlighted the profound and ongoing impact of her husband’s death, which she stated continues to affect her deeply. Grief is not linear, she explained, noting that even after five years the grief comes in waves of sadness and depression. The widow also cited several contributing factors to her distress, including the end of a new relationship and the ongoing need to support her youngest son, who has been unable to work due to the emotional toll of his father’s death.

The widow’s health has also deteriorated as a result of her prolonged grief, leading to the need for antidepressant medication for the first time in her life. She reported daily crying spells, insomnia, exhaustion, chest pain, hair loss, and weight loss as some of the physical symptoms she has been enduring. Her counsellor’s discharge summary noted that the widow was dealing with grief exacerbated by the recent separation from her life partner, which triggered memories of her husband’s passing.

Given this evidence, Review Officer Olson found it “reasonable to provide the worker’s spouse with additional counselling,” acknowledging the widow’s continued struggle with grief and loss. The decision emphasized the necessity of the additional sessions to help her cope with the long-term effects of her husband’s death. “Coverage for 12 further counselling sessions is reasonably necessary to overcome the impact of the fatality,” Olson stated in her ruling.

This decision reverses the earlier denial and ensures that the widow will receive the ongoing support she needs during this challenging time. WorkSafeBC’s review process, which operates under the Workers Compensation Act, allows for decisions to be made based on the merits and justice of each case, applying the relevant policies set by the Board’s directors. In this case, the review considered the severity and continued nature of the widow’s grief, ultimately concluding that additional support was justified.

As a result of the review, the widow will now be entitled to the 12 additional sessions of grief counselling, providing her with critical support as she continues to navigate the emotional and physical challenges brought on by her loss.

For more information, see Review Reference #0319682.

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