Mental disorder - Passed 31 May 2012. If you think this doesn't apply to this discussion ya better think again. And, you can bet Ontario has similar legislation with more enforcement capability - See Arthurs' Report. http://www.leg.bc.ca/39th4th/3rd_read/gov14-3.htm BILL 14 — 2011 WORKERS COMPENSATION AMENDMENT ACT, 2011 HER MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of British Columbia, enacts as follows: 1. Section 5.1 of the Workers Compensation Act, R.S.B.C. 1996, c. 492, is repealed and the following substituted: Mental disorder * (1) Subject to subsection (2), a worker is entitled to compensation for a mental disorder that does not result from an injury for which the worker is otherwise entitled to compensation, only if the mental disorder (a) either (i) is a reaction to one or more traumatic events arising out of and in the course of the worker's employment, or (ii) 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, (b) is diagnosed by a psychiatrist or psychologist as a mental or physical condition that is described in the most recent American Psychiatric Association's Diagnostic and Statistical Manual of Mental Disorders at the time of the diagnosis, and (c) is not caused by a decision of the worker's employer relating to the worker's employment, including a decision to change the work to be performed or the working conditions, to discipline the worker or to terminate the worker's employment. (2) The Board may require that a psychiatrist or psychologist appointed by the Board review a diagnosis made for the purposes of subsection (1) (b) and may consider that review in determining whether a worker is entitled to compensation for a mental disorder. (3) Section 56 (1) applies to a psychiatrist or psychologist who makes a diagnosis referred to in this section. (4) In this section: "psychiatrist" means a physician who is recognized by the College of Physicians and Surgeons of British Columbia, or another accredited body recognized by the Board, as being a specialist in psychiatry; "psychologist" means a person who is registered as a member of the College of Psychologists of British Columbia established under section 15 (1) of the Health Professions Act or a person who is entitled to practise as a psychologist under the laws of another province. |




