- Vaccination (COVID-19)
The worker, a part-time nursing clerk, received two COVID-19 vaccine doses under employer mandate and reported adverse symptoms after each (shortness of breath, fatigue, and difficulty speaking), leading to a claim for entitlement denied by the WSIB.
The Panel denied the appeal for physical/organic entitlement. However, the matter is returned to the WSIB for a psychological entitlement determination with a strong recommendation for appropriate investigations. The employer agreed the vaccinations were received as a result of employment duties due to the mandatory vaccination policy. Despite extensive medical assessments, no definitive physical or organic diagnosis explained the worker's symptoms, which were considered diffuse and variable. Consultant physician reports indicated no proven physical link between the vaccines and symptoms, suggesting anxiety or psychological factors might be involved instead. The worker's testimony confirmed a strong temporal link between vaccination and symptoms onset, with noted vaccine hesitancy potentially contributing to a "nocebo" effect - psychological factors causing adverse symptom experience.The Panel found no investigation or decision on psychological entitlement despite medical suggestions, recommending the WSIB conduct further psychological assessment.